Village of New Lenox Plan Commission met Feb. 21.
Here is the minutes provided by the Commission:
CALL TO ORDER
A regular meeting of the Village of New Lenox Plan Commission was called to order at 7:00 p.m. by Chairman Mark Muehlnickel.
Chairman Muehlnickel led the assembly in the Pledge of Allegiance.
Upon roll call, the following were present: Chairman Mark Muehlnickel, Commissioners Rob Moss, Terry Schultz, Kathy Hilton, Jasen Howard and Andrew Hawkins.
The following were absent: Commissioner Gary Berner.
Mr. Muehlnickel announced there was a quorum present for this meeting.
Also present were Senior Planner Jeff Smith, Planner Jenni Neubauer and Senior Administrative Secretary Pat Hansen.
Request for Approval of Minutes of a Regular Meeting of Jan. 17, 2017
A motion was made by Commissioner Moss and seconded by Commissioner Howard to approve the January 17, 2017 minutes as presented. Voice vote was taken. Motion carried.
Request for County Special Use 1303 Schoolhouse Road, Units 3-5 Pastor Laury Hunter / The Journey Church - Petitioner
Pastor Laury Hunter appeared before the Plan Commission on behalf of this request and explained that six years ago, she came to New Lenox in order to plant a church. She said that currently, space is being rented at the American Legion for church services and on Route 30 in the Victorian house for smaller gatherings. She said they now need permanent space so that their energies can be invested in the community as opposed to always being portable, setting up and tearing down their church every week. Ms. Hunter explained that they love the New Lenox area, and as The Hub is already meeting at the Schoolhouse Road location, they would like to meet at that location as well.
Planner Jenni Neubauer explained that the church wishes to utilize three units (approximately 5,400 square feet) within the existing industrial building located along Schoolhouse Road, and that the church wishes hold services on Sundays at 10:00 a.m. as well as one or two weekly gatherings for smaller focus groups. She explained that the congregation would consist of about 60 people for Sunday services, and this would populate between 20 to 25 cars on site as well as approximately 5 cars that would be on site Monday through Friday. Ms. Neubauer stated that the Village’s Comprehensive Plan recommends Industrial / Warehouse Distribution use for the subject property; the Village’s I-1 Limited Industrial District does not permit a church by right or as a Special Use; however, Will County’s I-1 Limited Industrial District requires a Special Use permit for a religious institution.
Ms. Neubauer continued by stating that upon Staff’s inspection of the site, there is an existing asphalt surface, but no striped stalls, and 3 handicapped parking signs on the building wall adjacent to Units 1, 3, and 5, but no striped handicapped spaces. In terms of the Village’s parking requirements, Ms. Neubauer explained that a minimum of 15 parking spaces would be required on-site for this use, but the Will County Zoning Ordinance requires 1 parking space for every 4 seats for religious assemblies, which is less stringent than the Village’s requirements and results in a minimum of 10 parking spaces on site. Additionally, she noted that there must be adequate parking for the other industrial uses, a motorcycle repair shop and a window tinting business. Ms. Neubauer advised that the motorcycle repair shop is open Monday through Friday from 10:00 a.m. to 6:00 p.m. and the window tinting business is open by appointment only. She related that neither of these businesses will interfere with the parking needs of the proposed church.
Ms. Neubauer explained that the current petitioner included a concept plan that was previously submitted by the owner of The Hub when he appeared before the Plan Commission and Village Board for his County request, and this plan depicts 25parking stalls along the west perimeter and 1 handicapped parking space near the entrance to the church. She advised that if the 3 handicapped spaces are striped as well as the 25 parking spaces, there will be a total of 28 parking spaces on site. Ms. Neubauer said that although the County requires only 10 parking spaces on this site for a religious assembly, it is anticipated that 20 to 25 cars would be attending church services, so there should be adequate parking during the church’s hours of operation.
Ms. Neubauer noted the conditions contained in Staff’s report.
Ms. Neubauer concluded by stating it is the opinion of Staff that the proposed County Special Use request can comply with the Will County Zoning Ordinance and Village Zoning Ordinance requirements for the granting of a Special Use permit. Therefore, Staff recommends that the Village not file an objection against the County Special Use request for The Journey Church located at 1303 Schoolhouse Road, Units 3-5, subject to the conditions contained in Staff’s report.
Mr. Muehlnickel asked how many people can attend the church if County standards are applied. Ms. Neubauer replied that the County standard states there must be 1 parking space per 6 seats; she said the Village’s standard is 1 parking space per 4 seats.
Mr. Howard asked how many people can be accommodated in the church, and Ms. Hunter replied that the building code allows for up to 240 people in the building. She also noted they are waiting for better weather in order to stripe the parking spaces. Mr. Muehlnickel said that using the County standard, 1 for 6, the maximum number of people allowed would be 168; using the Village standard, 1 for 4, the number of people allowed would be 100. Ms. Hunter said they intend to sign a two-to-three year lease and eventually find land in order to build a church.
Mr. Howard asked about particular aspects of the building, and Ms. Neubauer replied that those items would fall under the New Lenox Fire District for review.
Mr. Muehlnickel wanted to know if the parking lot will be illuminated, and Ms. Neubauer answered there are 3 lights on the building, but no free-standing parking lot lights at this time. Senior Planner Jeff Smith added that the County can require additional lighting if they so choose.
At this time, Mr. Muehlnickel asked for a motion.
A motion was made by Mr. Howard and seconded by Mr. Hilton to recommend to the Village Board not to file an object to the request for a County Special Use for property located at 1303 Schoolhouse Road, subject to the following conditions:
1. If granted, the County Special Use shall only permit the church in the existing 5,443- square foot building area comprising Units 3-5;
2. There shall be an adequate number of striped standard and handicapped parking spaces, meeting minimum Will County Zoning Ordinance and Illinois Accessibility Code requirements, for the church and all industrial uses on the subject property;
3. An amended site plan shall be provided depicting the minimum required striped parking spaces for all uses, minimum parking stall dimensions and two-way drive aisle, which shall also be approved by the New Lenox Fire Protection District to ensure that the parking lot layout would accommodate adequate maneuverability for fire trucks and other emergency vehicles;
4. A full set of plans, including all life safety components, must be submitted to the New Lenox Fire Protection District for review and approval prior to occupancy;
5. The church shall abide by all applicable Will County Building Code, Will County Health Department and New Lenox Fire Protection District requirements;
6. Existing building lighting shall remain on during evening hours of operation for the church in order to provide adequate lighting for all parking spaces. The petitioner may also need to provide a photometric / lighting plan to determine whether the wall lighting on the existing is adequate or if additional lighting is necessary for safety and security purposes.
Voice vote was taken. Motion carried. Ms. Neubauer advised that this will go before the Village Board on the 27th of February.
Text Amendment – Gun Shops and Gun Ranges Public Hearing)
Mr. Muehlnickel asked if proof of notice was submitted, and Mr. Smith replied affirmatively. He then asked for a motion to open the public hearing.
A motion was made by Mr. Howard and seconded by Mr. Schultz to open the public hearing at 7:17 p.m. Voice vote was taken. Motion carried.
Senior Planner Jeff Smith began by stating the Zoning Ordinance currently does not include zoning districts that allow for gun shops or indoor gun ranges. He said that three or four times a year the Village receives calls from prospective gun shop owners wanting to open up a facility in the Village, and Staff’s response has always been that the Zoning Ordinance would have to be amended in order to allow for such uses. Currently, Mr. Smith said there are requirements relating to firearm sales establishments in Chapter 54 of the Village Code that was a response to a break-in at a former gun shop along Route 30. As a result of this break-in, he said there have been a number of provisions added regarding safety in terms of construction materials, gating or barring entrance and window points of the building, surveillance cameras, silent alarms, and language as to where firearms must be stored during and after business hours.
Mr. Smith explained that recently, someone inquired about opening up a gun shop in the Plank Trail Industrial Center off of Schoolhouse Road and the direction to Staff was for the Village Board to discuss the matter at a Council of the Whole, which they did. He said the consensus of the Board was that a gun shop should be a Special Use, which requires a public hearing process as well as a recommendation to the Village Board from the Plan Commission. Mr. Smith said the Village Board suggested that the zoning districts that would allow for the Special Use would be the C-3 General Business District, the C-7 Regional Commercial District, and the I-1 Limited Industrial District. In terms of an indoor gun range, he said the Village Board felt it should be allowed as a Special Use only in the I-1 Zoning District. Mr. Smith advised that Staff did some research and found that Mokena has a separation requirement, which is 500 feet from residentially zoned property, as well as schools and daycare facilities, and the Village Board agreed with adding the separation requirement to the draft ordinance that include churches and parks as well.
Mr. Smith referenced a map on one of the slides in the slide presentation that denotes in yellow the areas in the Village with the C-3, C-7 and I-1 zoning classifications. He said Staff highlighted in blue the areas in the Village that are within 500 feet of residentially zoned areas.
Mr. Smith reported that the Village Attorney researched this matter and reported that a recent U.S. Court of Appeals decision ruled that a Chicago ordinance restricting gun ranges to only manufacturing areas was unconstitutional due to the limited land for such uses. Therefore, he said Staff is recommending, per the Village’s attorney, that language regarding the separation requirement be removed from the draft amendment.
Mr. Smith continued by stating Staff does not recommend allowing indoor gun ranges in the C-1 or C-2 Zoning Districts as these areas are typically located near residential areas. He added that any gun shop and/or indoor gun range must comply with the safety and security regulations noted in Chapter 54 of the Village Code. Mr. Smith said the Special Use process will give the Village the opportunity to look at each request on a case-by-case basis.
Mr. Muehlnickel asked for questions or comments from the Plan Commission.
Mr. Schultz asked if an ordinance could be passed stating that the Village does not want any gun shops or gun ranges. Mr. Smith said the Village Board determined that gun shops and indoor gun ranges would be appropriate as a special use in certain commercial zoning districts, while an indoor gun range was determined to be acceptable as a special use in the I-1 District.
Mr. Howard asked if the Walmart in New Lenox sells guns and ammunition, and Mr. Smith replied that they do, but it is an accessory use in a retail establishment.
Mr. Muehlnickel said he likes the fact that this type of request would require a Special Use permit. While reading the packet information, he said he thought of the animal daycare facility that was proposed to be located in an industrial park. Mr. Muehlnickel advised that if the 500 ft. requirement has been removed, his comments are not relevant, but had it not been removed, would this be considered a daycare facility. Mr. Smith responded by stating the request would have to be addressed through the Special Use process. Currently, he said there is nothing in the books that prohibit the use. In terms of a multi-tenant facility, Mr. Smith said improvements would have to be made to the building. He added that if there is an existing adjacent or nearby use would likely not be compatible with a proposed gun shops or indoor gun ranges, Staff would hold a preliminary meeting with the applicant prior to application submittal and hearing fees. Mr. Smith reiterated that each case regarding gun shops and indoor gun ranges will be reviewed on a case-by-case basis through the special use process.
Mr. Muehlnickel asked for a motion to close the public hearing. Overall, the consensus of the Plan Commission was for the Village Board to move forward with the draft text amendment ordinance included in packet, subject to the removal of the 500-foot separation requirement as recommended by the Village Attorney.
A motion was made by Mr. Howard and seconded by Mr. Hawkins to close the public hearing at 7:30 p.m. Voice vote was taken. Motion carried.
Old Business
None.
New Business
Mr. Smith advised that the next meeting will be held on March 7, 2017, at which time a public hearing will be held.
Adjournment
There being no further business to come before the Plan Commission, a motion was made by Mr. Hawkins and seconded by Mr. Schultz to adjourn. Voice vote was taken. Motion carried.
The meeting was adjourned at 7:31 p.m.
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