Village of Lombard Legistar System

JoeShayne Meloun, operator of JoeShayne Automotive at 591 S. Main Street,

presented the petition. Mr. Meloun stated that he wished this conditional use had been

completed nineteen years ago. He stated that there were some zoning issues on the

property. However, those issues would be taken care of.

Chairperson Ryan then opened the meeting for public comment.

John Burkedt, 252 W. Ethel Ave., stated that he has used Mr. Meloun as his mechanic

for many years. He stated that Mr. Meloun is credible, competent, and an asset to the

community. Mr. Burkedt stated that the automotive repair work done at JoeShayne

Automotive is high quality.

William Heniff, Acting Director of Community Development, commented on the petition.

Mr. Heniff stated that the public hearing was intended to address a 1989 agreement

between the Village and JoeShayne Automotive. The Village of Lombard is listed as the

petitioner due to meeting the obligations of that agreement.

Chairperson Ryan then requested the staff report.

Stuart Moynihan, Associate Planner, presented the staff report. Staff has prepared a

report and is submitting it to the public record in its entirety. The subject property is

located at the northeast corner of Main Street and Madison Street. The property is

developed with an automobile repair building approximately 2,180 square feet in size.

This public hearing is intended to address an agreement entered into April 20, 1989

between JoeShayne Automotive and the Village of Lombard. The agreement stated that

the Village would grant a conditional use for automotive repair in consideration of

JoeShayne agreeing to, among other things, a dedication to the Village of approximately

one hundred (100) square feet located at the northeast corner of Main Street and

Madison Street. However, the agreed upon conditional use was never approved by the

Village through a public hearing process. The Village of Lombard is acting as petitioner

in order to fulfill this obligation.

The business operator, JoeShayne Meloun, was issued a Certificate of Occupancy on

January 14, 1987 to operate an automobile service station at 591 S. Main Street. At that

time, the Zoning Ordinance required that all automobile service stations provide gasoline

pumping services. JoeShayne Automotive originally provided this service. However,

Mr. Meloun desired to remove the underground fuel tanks on the property to avoid the

possibility of environmental effects from future leakages. In order for Mr. Meloun to

continue servicing automobiles without providing gasoline pumping services, a change

in use to automobile repair was necessary.

On April 20, 1989, JoeShayne Automotive and the Village entered into an agreement

which would grant a conditional use for an automotive repair business on the subject

property.

The conditional use was to be granted subject to the following conditions:

1. The subject site and landscape improvement plan including striping for parking shall

be reviewed and approved by the Director of Planning prior to the issuance of the permit

to remove said fuel tanks.

2. The existing gas price sign and pole shall be removed concurrent with the relocation

of the existing free standing identification sign.

3. Curbing per ordinance shall be provided between landscaped and paved areas.

4. A solid wood six (6) foot fence shall be installed along the north and east property

lines subject to the review and approval of the Director of Planning.

5. A screened trash receptacle shall be maintained subject to the review and approval

of the Director of Planning.

6. No outside storage shall be permitted except the temporary (generally not to exceed

three (3) days) vehicles awaiting repair. Three (3) vehicles owned by Carfano Meats

(and/or its assigns) contracted to be serviced by "JoeShayne" which are currently

parked on the premises as part of the business may be maintained.

7. Petitioner may remove fuel storage tanks.

With the exception of the enclosure for the trash receptacle, these conditions have been

met. However, Mr. Meloun has agreed to apply for a permit to complete this last

condition.

The Comprehensive Plan calls for this area to be developed with Neighborhood

Commercial uses. The agreement for a conditional use predates the Comprehensive

Plan adopted in January 1998.

The property is primarily surrounded by a gas station, convenience shopping and

services, offices, and residential properties. Staff finds the proposed use to be

compatible with the surrounding land uses.

As no changes to the building or site are proposed at this time, the conditional use itself

is the only zoning issue under consideration. Staff also notes that any activities beyond

those set forth within Resolution R12-89 and the ordinance of approval may constitute

an amendment to the conditional use approval.

Staff is recommending approval of the petition subject to the conditions in the staff

report.

Chairperson Ryan then opened the meeting for comments among the Commissioners.

Commissioner Olbrysh stated that he had no problem with the conditional use.

Commissioner Sweetser stated that she felt essentially the same way.

1. The subject site and landscape improvement plan including striping for parking shall

be reviewed and approved by the Director of Planning prior to the issuance of the permit

to remove said fuel tanks.

2. The existing gas price sign and pole shall be removed concurrent with the relocation

of the existing free standing identification sign.

3. Curbing per ordinance shall be provided between landscaped and paved areas.

4. A solid wood six (6) foot fence shall be installed along the north and east property

lines subject to the review and approval of the Director of Planning.

5. A screened trash receptacle shall be maintained subject to the review and approval

of the Director of Planning.

6. No outside storage shall be permitted except the temporary (generally not to exceed

three (3) days) vehicles awaiting repair. Three (3) vehicles owned by Carfano Meats

(and/or its assigns) contracted to be serviced by "JoeShayne" which are currently

parked on the premises as part of the business may be maintained.

7. Petitioner may remove fuel storage tanks.

Marshall Subach, 1035 S. York Road, Bensenville, IL, stated that his client is asking for

text amendments to the Zoning Ordinance and conditional use approval to allow a gun

store, shooting range and gunsmith area in the existing building on the subject property.

He stated that his client has operated in Bensenville for over 31 years. Mr. Subach

declared that the hearing pertains only to land use and zoning issues and should not

concern gun control issues.

Mr. Subach stated that the subject building is one-story and of brick construction. Mr.

Subach then shared photographs of the building with the Plan Commission. He

explained that there are 87 parking spaces provided on-site and hat there is also

berming on the southern portion of the property along with thick vegetation provided in

that area. Referring back to the building, Mr. Subach stated that there would be 30

indoor shooting stalls provided.

Mr. Subach stated that there are three separate components to the proposed use - gun

sale, shooting range and gunsmithing. Mr. Subach explained that the sale of firearms

already occurs within the Village at certain sporting goods stores. Mr. Subach mentioned

that his client has sold firearms for more than 30 years. He added that his client intends

on selling high-end firearms and the facility will service certain police departments. Mr.

Subach mentioned a number of those departments, which included Lombard PD.

Mr. Subach stated that sales from Gun World would be around $750,000 per year,

which would generate more tax than some of the surrounding industrial uses. Referring

to some safety concerns, Mr. Subach mentioned that all guns will be in locked cases

and there will be nine security cameras on the inside of the building and three on the

inside.

Barry Soskin, 2 East Brittany Dr. Arlington Heights, IL, and one of the owners of Gun

World, explained some of the State requirements pertaining to the handling of firearms.

Mr. Soskin stated that anyone wishing to handle a firearm must possess a Firearms

Owner's Identification (FOID) card, which is issued by the Illinois State Police. Mr.

Soskin also explained that there is a 72-hour waiting period for all handguns and a

24-hour waiting period for long guns. Mr. Soskin also explained that State law requires

that all firearms entering and exiting the building be unloaded and in a case.

Marshal Subach went on to explain that there will be no black powder or wastewater that

will be improperly dispensed. Mr. Subach stated that the proposed use is actually like

many other uses in the community. He added that there will be two ranges - one is a

virtual reality training simulator and the other is a self-contained indoor firing range. He

mentioned that the range does allow high-power rifles, which would most likely be used

by police departments. Mr. Subach stated that the firing range will cost $1.2 to $1.3

million to construct and the retail component will cost $100,000 to $200,000. Mr. Subach

explained that the range does contain safety baffles, which prevents bad shooters from

misfiring onto other stalls. He added that any waste and/or spent lead will be recycled.

Mr. Subach stated that HEPA vacuums will be used to clean up any waste and HEPA air

purifiers will also be provided. Mr. Subach explained that anyone wishing to enter the

range will be required to be 21 years of age and possess a valid FOID card. Mr. Subach

mentioned that there will be a range master available in the firing range.

Barry Soskin stated that all spent lead will be placed in five-gallon buckets, which will be

stored indoors behind the range. He added that the five-gallon buckets will be loaded

and unloaded at the loading dock located on the southwest portion of the building. Mr.

Soskin also explained that the HEPA filtration will prevent any dust particles from

lingering in the air.

Jerome Soskin, 240 Crescent Road, Libertyville, IL, who is the owner and petitioner for

Gun World stated that he was a member of the Chicago Police Department for 27 years.

Mr. Soskin explained how the sound is reduced in the shooting range. Mr. Soskin

explained that sound is directed forward and to the sides of the shooting wall, which

reduces ambient noise. Mr. Soskin stated that the sound generated in the stalls is

around seven decibels, which is similar to that of a boom box. Marshal Subach

reiterated the fact that the range would be located in a brick building, which also helps

reduce the noise.

Marshal Subach then read their responses to standards for text amendments and

conditional uses. He also read into the record a letter favoring Gun World from

Reverend Edward Bryant.

Chairperson Ryan then opened the meeting for public comment.

The following made comments in favor of the petition:

William Pugh, 30W025 Hurlingham, Warrenville, IL, stated that he has been an

employee of Gun World since 1981. Mr. Pugh stated that he is an NRA certified firearms

instructor and range master. Mr. Pugh stated that Gun World is a safe environment and

that all patrons using the range must wear eye and ear protection.

Sam Cozzo, 422 Prospect, Elmhurst, IL, stated that he has been a patron of Gun World

for more than 25 years. Mr. Cozzo stated that he took his son there when he was six

years old and his son has grown to be a stand up individual because he learned to

respect firearms. Mr. Cozzo added that the Soskins are very safety conscious and

professional. He also stated that the range master is very strict. Mr. Cozzo mentioned

that Gun World also does certain charity work.

Michele Fowlkes, 6127 W. Rosedale, Chicago, IL, stated that she has been a customer

of Gun World for over two years. She stated that the employees of Gun World go over

the "do and don'ts" of gun safety with their customers.

Keith Germe, 217 N. Biermann Ave, stated that he is a FOID card holder who learned to

shot in the armed forces. He added that the Village should vote to approve Gun World.

The following individuals made comments in opposition of the petition:

Mike Pritchett, 2777 Finley Road, Suite 23, Downers Grove, IL, stated that he owns the

Finley Business Center, which is west and contiguous to the subject property. Mr.

Pritchett stated that he is opposed to the petition because it is not the right location for

such a business. Mr. Pritchett stated that Finley Business Center is 63,000 square feet

who lost their major tenant a couple of years ago. Since then, they have invested a lot of

money into renovations of the building and property. Mr. Pritchett stated that York Brook

Business Park consists of businesses, not industrial uses. He added that the proposed

use is not compatible and office space users don't want to be located next to a gun

range.

Robert Gay, 335 Eisenhower Lane, Lombard, IL, stated that he owns Mallard Press,

which is located by the subject property. Mr. Gay stated that if his business is located

next to a gun range it might change people's perception of his business. He added that

his employees might not be as safe with a gun range located in close proximity.

The following had questions of the petition:

Paul Wasieki, 331 Eisenhower Lane South Lombard, IL, representing Orochem, which

is located adjacent to the subject property, inquired about the hours of operation, the

entrance location, and signage. He also stated that he has concerns with people walking

into his office with shotgun over their shoulder looking for Gun World, which might scare

his employees. He stated that their business generates noise so noise from Gun World

won't be heard at their location. He also inquired about the fumes as they could

contaminate some of the DNA testing that goes on at their facility. Mr. Wasieki also

asked about the parking scenario and security measures. He added that he had some

computers and a snow plow stolen from his business and he hopes that Gun World

would not attract more people to trying to break into his building. He added that

hopefully police do come to the gun range, increasing police presence.

Marshal Subach stated that the hours of business will be from 10 a.m. to 10 p.m.

Monday through Friday and 9 a.m. to 6 p.m. on Saturdays and Sundays. He added that

egress and ingress into the building will take place at the front door off of Eisenhower.

Mr. Subach stated that there were no break-ins in the 31 years in last building. He

added that they have to follow EPA and OSEA guidelines and they are inspected every

six months. He also mentioned that with the HEPA system nothing should be dispersed

into the air affecting surrounding businesses. Mr. Subach stated that there is triple the

parking spaces than there was at the Bensenville location so there will be no need to

use any adjoining parking lots. Pertaining to signage, Mr. Subach stated that the sign will

comply with I district signage standards. He mentioned that this is a destination business

with customers waiting for them to open so there will not be any large neon signs, rather

just a monument sign.

Barry Soskin stated that the shooting stalls are enclosed and there will be additional

steel along the back wall. He explained that shots won't protrude through the backstop,

let alone additional steel. Referring to the gun transportation policy, the State of Illinois

requires that the guns be unloaded and in a case with ammo in a separate

compartment. He added that people don't come in with guns over their shoulder, rather

something that looks like a nice gym bag.

Robert Gay asked about the unloading policy at Gun World, specifically, when you leave

the store and who monitors that.

Barry Soskin stated that the range master checks that and the guns have to leave the

store the same way they came in - cased and unloaded, but it is their job to put it in their

trunk or back of their car.

Commissioner Nelson asked if there have been any gun-related accidents in the past 10

years.

Barry Soskin stated that there have been no gun-related accidents in 31 years of

business.

Chairperson Ryan then requested the staff report.

Michael Toth, Planner I, presented the staff report. Mr. Toth stated that the petitioner

has already covered all of the information in both staff reports. Mr. Toth submitted both

staff reports to the public record and then gave a brief summary of staff's opinion. He

stated that the petitioner is proposing to convert a vacant building into a firearms

shooting range with a retail component for the sale of firearms in the I - Limited Industrial

District. From a land use perspective, it is staff's opinion that the types of activities

associated with the proposed use may be more suitable for the I - Limited Industrial

District. There will be hazardous material removal (lead), which would be better suited

for a light industrial area because of the proximity away from residential areas. With the

use of modern methods of lead disposal and soundproofing, any nuisances associated

with a firearms shooting gallery would be kept below an appreciable level of disturbance.

As a condition of approval, the petitioner will be required to keep any noise disturbances

internal to the building.

The distant proximity to any residential, educational and religious institutions also makes

the subject property within the I - Limited Industrial District more appropriate. In fact,

there are currently no residential properties, schools or religious institutions within at

least five hundred (500) feet of the subject property. The closest residential property is

the Beacon Hill Retirement Community, which is 800 feet from the subject property. Etz

Chaim Synagogue at 4,800 feet from the subject property is the closest religious

institution and Glenn Westlake Middle School also at 4,800 feet is the closest

educational institution, each of which are almost one mile from the subject property.

Chairperson Ryan then opened the meeting for questions and comment among the

Commissioners. The Commissioners had no comments.

Commissioner Sweetser indicated that she is an employee of one of Gun World's

clients. She stated she has no personal benefit from this case. She then stated that she

could recuse herself from the hearing, but she has decided not to.

Chairperson Ryan stated that he has no problems with Commissioner Sweetser's

actions.

Commissioner Olbrysh stated that he has no problem with the proposed text

amendment and conditional use.

wondered if there is really a too broad of a list range in the kinds of businesses. She

mentioned that this might become an issue in the future.

William Heniff stated that staff has looked into the issue. He then stated that there has

been an increase in the number of quasi industrial uses. He stated that this is something

that staff will look into in the future to seek further clarification through text amendments

to distinguish such uses to traditional industrial uses. He used trade school and athletic

training facilities as examples. Mr. Heniff then stated that staff may bring forward future

text amendments.

Commissioner Sweetser stated that just because there is no educational institution

types of uses nearby that doesn't mean that in other I - Limited Industrial areas that

situation might not remain as they stand right now. She urged staff to look into the

issue.

PC 08-28: 400 - 470 E. Roosevelt Road

Requests that the Village approve the following actions for the property located within

the B4A Roosevelt Road Corridor District:

1. Pursuant to Section 155.504(A) (major changes in a planned development) of the

Lombard Zoning Ordinance, amend the conditional use approval for the Carson Center

Planned Development, as established by Ordinance 5456, to allow for the property at

470 East Roosevelt Road to be included within the geographical extent of the planned

development.

2. Grant a conditional use from Sections 155.304 and 155.305 of the Zoning Ordinance

to allow for the existing parking lot on the 470 East Roosevelt Road property to remain.

3. Grant site plan approval authority to the Plan Commission for any future development

activity within the planned development

(DISTRICT #6)

Chairperson Ryan then requested the staff report.

William Heniff, Acting Director of Community Development, presented the staff report.

The 400-450 E. Roosevelt Road property was improved with a Carson's Center

shopping center in 2003. In 2004, the property was established as a planned

development in order to address wall signage issues on the property.

Prior to 2007, the property at 470 E. Roosevelt Road was developed as an electrical

contractor's office and shop. The building on the property was razed, but the existing

parking lot remained on the premises. Since that time, the property has remained

undeveloped. The petitioner recognizes that the property may not redevelop in the

short-term due to market conditions. The petitioner proposes to utilize the existing

parking lot for the benefit of the Carson's Center west of the vacant lot until such time

that the property redevelops.

The petitioner is proposing to construct two driveways linking the parking lot to the

Carson's Center parking lot. The zoning actions are intended to unify the properties into

a single planned development and allow for the existing legal nonconforming parking lot

to remain. It also sets up site plan approval authority to the Plan Commission for future

development on the site. By amending the geographical extent of the planned

development to include the 470 E. Roosevelt Road property, it would ensure that its

short-term and long-term development would be linked with each other, thereby created

a more unified development.

The petitioner is seeking a conditional use to allow for the existing parking lot on the 470

East Roosevelt Road property to remain. Without a principal use on 470 E. Roosevelt

Road property, the remaining parking lot would not be in compliance with the Zoning

Ordinance if it was going to be used as a principal use in its own right. Parking lots, as a

principal use, are conditional uses within the B4A District. Such an activity would likely

function as a vehicle storage yard and would not advance the planning goals of the

corridor. However, if the lot was to be used as a companion activity to the abutting

property, benefits can be achieved. In this case, the parking lot would be primarily used

for daylong employees within the Carson's Center. The lot would provide for a greater

float of additional customer parking in the Carson's Center.

As noted within the engineering comments, the pavement and base stone located in the

far northwest corner shall be removed and shall also be graded level with topsoil and

seed. This will help ensure that the property will present a well-maintained appearance

during the interim period.

A benefit of this petition is that it will provide for cross-access movements and would

allow eastbound traffic movements from the center to exit at the Fairfield/Roosevelt

traffic light. KLOA, the Village's traffic consultant, conducted a cursory evaluation of the

site plan and they noted that the southern access drive to Fairfield Avenue should be

restricted to right in/right-out movements.

Staff recommends approval of the request, subject to the conditions within the report.

Chairperson Ryan opened the public hearing for discussion and questions by the Plan

Commission.

Commissioner Olbrysh stated that he had no problem with the request.

1. The subject property shall be developed and operated in conformance with the site

plan prepared by GEA Architects, dated August 3, 2008 and made a part of this petition.

2. The existing south entrance drive to Fairfield Road shall be redesigned as a right-in,

right-out access drive.

3. A perpetual cross-access agreement shall be executed between the subject

properties.

4. A cross-park agreement shall also be executed between the subject properties until

such time that the 470 E. Roosevelt Road property is redeveloped.

5. The petitioner shall satisfactorily address the IDRC comments including the following:

a. The proposed access connections (one to the north and one to the south) shall be

curbed and graded so that flow from these areas is directed into the existing stormwater

detention system.

b. The pavement and base stone located in the far northwest corner shall be

removed. This area to be graded level with topsoil and seed.

c. All remaining pervious areas to be cleaned of all debris (stone, trash, bricks, etc.)

and graded level with topsoil and seed.

d. All work to be performed to Village standards, specifications, details and

requirements.

Furthermore, the Plan Commission recommends that site plan approval authority be

granted to the subject properties.