City of Highland Park Plan and Design Commission met Sept. 1.
Here is the minutes provided by the commission:
I. CALL TO ORDER
At 7:30 PM Chair Reinstein called the meeting to order and asked Director Fontane to call the roll.
II. ROLL CALL
Members Present: Glazer, Hainsfurther, Hecht, Kutscheid, Lidawer, Moore, Reinstein
Members Absent: None
Director Fontane took the roll and declared a quorum present.
Staff Present: Fontane, Cross, Burhop, Kosmatka
Student Rep.: None
Council Liaison: Fiske, Stolberg
III. APPROVAL OF MINUTES
August 18, Regular Meeting
Chair Reinstein entertained a motion to approve the minutes of the August 18, 2020 meeting with corrections. Vice Chair Hainsfurther so motioned, seconded by Commissioner Lidawer.
Director Fontane called the roll:
Ayes: Moore, Lidawer, Kutscheid, Hecht, Glazer, Hainsfurther, Reinstein
Nays: None
Motion passed 7-0.
IV. SCHEDULED BUSINESS
1. Design Review - 1812 Green Bay Rd. - Sign Variation for Sunset Foods
Planner Kosmatka made a presentation for the above item including application summary, context aerial bird’s eye, existing signs, proposed sign, existing sign, area and illumination, number of signs per frontage, variation standards and recommendation.
Vice Chair Hainsfurther asked how far the current wall sign is from Central Ave. Chair Reinstein asked why they need to add a sign.
Mr. Jeff Barmueller, North Shore Signs, stated the setback is 230’. The purpose of the sign is that traffic travelling east on Central is blocked by the carport from being able to see the sign on the east elevation of the south elevation wall. There is a pylon sign and people are looking for the buildings rather than signs on the street. People have complained they have missed Sunset as they drive by.
Chair Reinstein entertained a motion to approve the application.
Commissioner Lidawer thanked Planner Kosmatka for the rendering explanation. Commissioner Lidawer so motioned, seconded by Vice Chair Hainsfurther.
Director Fontane called the roll:
Ayes: Moore, Lidawer, Hecht, Kutscheid, Glazer, Hainsfurther, Reinstein
Nays: None
Motion passed 7-0.
2. Public Hearing #20-09-ZTA-004 to amend the text of Chapter 150 of the Zoning Code with changes relating to references to the Building Code and Parking and Loading Requirements for a Meeting and Events Venue land use.
Director Fontane made a presentation for the above item, noting the item is cleaning up several items in the zoning code, including addressing changes to building code. It was amended recently as it adopted latest standards, was reorganized, needed to be cleaned up. This amendment addresses events venue and off street requirements, experiential use amendment adopted by Council, code did not have new use, new use called out, parking requirement was left out, requirement is essentially what they were using to address media events previous, will now be explicitly stated, not a use in table, amendment will allow zoning code to reference things correctly.
Mr. Mike Laxner, Resident, mentioned the off street parking recommendation of.25 spaces per person and asked if the Commission is comfortable with the lower end of the spectrum.
Vice Chair Hainsfurther stated if it was a banquet hall the code requires 15 s.f. per person and is based on the occupancy of the space.
Director Fontane stated if it was a banquet style with circular tables it is 15 s.f. and depending how you organize the space it varies.
Vice Chair Hainsfurther stated it is based on the occupancy load as determined by code not by the zoning ordinance.
Director Fontane stated if done by occupancy should they rearrange their seating where you do not require as many square feet per person and that would affect the parking requirements. You cannot change to a pew style gathering hall and have the same parking requirement. It recognizes a meeting/event space is flexible in its arrangements and this would account for this by making it prorated occupancy rather than per 1,000 s.f. of gross floor area.
Vice Chair Hainsfurther this is a response to Mr. Laxner’s concern because you may end up with a requirement of more spaces.
Director Fontane stated this was correct.
Commissioner Lidawer asked why they want to invoke this as it seems in the example in the packet there were five towns that were doing it by square footage and six or seven that seemed not as germane to Highland Park.
Director Fontane stated just because other communities do things does not necessarily mean it is the best way to do it. These are other ways of regulating this and this recognizes the flexibility in the uses of the space. If they arrange things in a way that is more intensive they would need more parking. Other communities that do it by square footage to gross floor are less concerned with that. This is more customized to the actual use.
Mr. Laxner asked what would happen if the facility ran out of space and would they be allowed to go into the neighborhoods.
Director Fontane stated the way it works this is a requirement for the number of spaces you need on site. Off site parking is dictated by the odd street parking rules. This use is a conditional use and off site parking is not something the City is generally is favor of and those types of issues would be considered as part of the conditional use process. What is good about this is should a space change their arrangement of seating they have to make sure they have enough parking. If they have a different event they cannot just fill up the hall in a way that would be legal from a building code perspective, and it would violate the zoning. That is why they are doing it by rated occupancy.
Chair Reinstein stated there are two items and he was happy to do both at the same time. Vice Chair Hainsfurther recommended approval of the zoning modifications as requested and approve findings of fact as presented. Commissioner Hecht seconded.
Director Fontane called the roll:
Ayes: Moore, Lidawer, Hecht, Kutscheid, Glazer, Hainsfurther, Reinstein
Nays: None
Motion passed 7-0.
3. Public Hearing #20-09-ZTA-005 to consider amendments to Chapter 150 of the Zoning Code of the Highland Park City Code concerning Land Uses and Regulations related to Adult Cannabis Use.
Planner Cross made a presentation for the above item including state law - active January 1, 2020, Committee of the Whole (COTW) meeting, proposed amendments for adult use cannabis, adult use cannabis regulations, location, parking regulations, proximity regulations, sensitive land use buffer, research on other communities and model codes, public testimony and recommendation.
Mr. Fiske stated there may be potential applicants who want to adhere to the State’s 1,500 s.f. and Highland Park would be able to have the 1,000 s.f. less restrictive requirement.
Commissioner Moore stated they say a cannabis dispensary is limited to 1,000 s.f. apart and asked if that applies to a medical dispensary.
Planner Cross stated yes.
Director Fontane stated they can serve a dual purpose and do not have to be separated from themselves. They can be both medical and recreational. This does not mean you have an adult use cannabis special use permit. They would still need to come in for the additional special permit.
Commissioner Moore asked about the parking regulations in terms of the number of spaces. In the materials some of the concerns of the other communities was that there was not enough parking.
Director Fontane stated that was consistent with the medical cannabis uses and essentially what staff had recommended with some modifications to be more restrictive for certain aspects. Regarding parking, they kept it the same. Mundelein does have some parking and traffic issues related to the use. While more parking may be desirable, it is very new, and not very many are open yet. The new stadium effect is caused by the newness and in the long term it will not hold up as much as it is. They are experiencing the effect of being the only people in town.
Commissioner Kutscheid asked how long the I zoning district is from north to south. Director Fontane stated it is roughly 8,000’.
Commissioner Kutscheid asked where the Elevel is located is it 1,500’ to the south and can you get another dispensary on Old Skokie.
Director Fontane stated yes.
Commissioner Kutscheid if it was the 1,000’ or the 1,500’.
Director Fontane stated it was the 1,000’. You could also have the 1,500’ and it would be at the end.
Commissioner Glazer stated the issue had been before the Commission before and he was familiar with it.
Vice Chair Hainsfurther asked if Council had considered this for other districts besides the I district because it seemed it would fit in any business district not in close proximity to residential.
Councilman Stolberg stated they had not formally considered it.
Vice Chair Hainsfurther stated he would be interested if they were doing med-tail as they talked about at the last meeting and perhaps that fits into that category. It is very much a retail consumer thing and they are spending significant amounts of money to attract a nice audience. He thought it was similar to a liquor store. He wanted to consider other districts.
Councilman Stolberg stated the majority of the Council wanted to walk before they run. There is one going up just south of Mariano’s on Skokie Blvd. Their focus was the I corridor where there is a medical cannabis operation that has proven successful. If you look at the other districts in Highland Park, that meet the criteria. This led to Crossroads and the long-term vision for Crossroads. As the retail world is changing and moved farther south on that corridor, it has seen the success of mixed use between restaurant, commercial and retail. Originally it was no and let’s talk about it in a year. They have brought it back for consideration through a public process. They want to walk before they run. Today’s discussion does not have to end at one district, but it is more of a starting point.
Vice Chair Hainsfurther stated he agreed with Commissioner Moore and her concern about the parking. He had been by a number of them including Mundelein and they have a parking problem. Northbrook has more parking than what they are considering. There is some novelty to it, but they should have a more robust discussion on parking. Maybe they could limit the number of people in the store. In Mundelein they are waiting outside.
Commissioner Hecht stated he echoed the concerns about parking. Most of the time he sees retail projects with less then four spaces per 1000 s.f. This is a high traffic business and people will come and go. He would rather err on the side of too much parking. He thought 4 per 1,000 s.f. is reasonable and maybe even 4.5. 3.3 is asking for trouble. They are seeing the large project at Dundee Rd. and Skokie Blvd. He asked what they were afraid of by limiting the zoning to industrial. He asked why not at Crossroads or Roger Williams.
Councilman Stolberg stated the issue is not trepidation and their concern was making sure they have data. There are some Council members who feel they still do not have enough data, whether it is crime or issues related to a recreational facility. There are regulations regarding proximity to residential and if there is one in the Crossroads corridor that ties the City’s hands for potential redevelopment opportunities. It takes away the opportunity to redevelop as a mixed use with residential. There are similar problems in Ravinia with housing, schools and places of worship. It is not a matter of fear, but an appropriate fit. As far as the central business district, he was not in favor of it in downtown Highland Park. It is not fear, but a matter of the right use in the right place for now and in the future.
Commissioner Lidawer stated she understand about the parking and if they can accommodate the parking and it was a good ideas to raise the limit. She was in Chicago and looked at a store and was shocked at the long line. There is parking around the corner for 10 spaces for the entire store. Colorado is years ahead of us and when they were talking about this before and how neighborhoods were not given to crime. All dispensaries there have small lots. She thought having more was a good suggestion. She listened to previous Council meetings and people are seeing how much revenue is involved from taxes are coming in. It is going peaceably and government has enough restrictions so there have not been the problems you see in stores with liquor or cigarettes. Council members have been more cognizant of what the neighbors have said. They all stated they were in favor of industrial zones. She was in favor of this months ago and wanted to begin the process. They received 28 letters which were in favor of this. 7 letters were sent to Council all of which strongly supported it.
Chair Reinstein stated there were three commissioners who were concerned about whether 3.3 per 1,000 s.f. will be sufficient.
Director Fontane stated the parking requirements are those related to private off street parking. In the district they are talking about there is also off site parking across the street. This is not to say those spaces are not utilized and it is a busy district. There is more than just private parking available in the area. They are talking about one space per 1,000 s.f. Many of the buildings there are not large, which is something to keep in mind.
Chair Reinstein stated they would take public comment.
Mr. Teddy Kirsch, Resident
Mr. John Mandelbaum, Resident Mr. Michael Milstein, Resident Mr. Michael Laxner, Resident Ms. Catherine Spencer, Resident
Good presentation by staff, not many options to improve the tax base and this is pretty clear, will be good for everyone, opposed the measure, experience with medical dispensaries in FL and AZ and problems with littering, vagrancy, people sleeping outside store, taxes police to enforce the law, putting it in downtown Highland Park is a worse idea, AZ put one in a strip mall and it killed businesses around it, supports measure, tax benefits, have buffer around community, Highland Park should be forward thinking, should be ahead of it in getting tax dollars, needs to be regulated properly, restricting number of dispensaries, year end review, in favor of setback restriction, limiting number of hours, concerned about use on premises, heard youth will not get cannabis, can get siblings to get it for them, have fake IDs, more barriers, black market will thrive - they do not have to pay taxes.
Planner Cross read into the record the emails received.
Mr. John Abt, Resident
Mr. Ed Adler, Resident
Mr. Alex Lerman, Resident
Mr. Ben Glazer, Resident
Mr. Fred Bauers, Resident
Mr. Brett Pine, Resident
Mr. Mark Coe, Resident
Mr. Barry Cohen, Resident
Mr. Wendy Ezgur, Resident
Mr. Kevin Felner, Resident
Mr. Jeff Gersh, Resident
Mr. Rick Goldman, Resident
Mr. Jonathan Merel, Resident
Mr. Mike Colendis, Resident
Mr. Teddy Kirsch, Resident
Mr. Rick Miller, Resident
Mr. Chad Rissman, Resident
Mr. Kirbey Rogic, Resident
Mr. Jamie Shor, Resident
Ms. Abby Suarez, Resident
Mr. Jamie Weiss, Resident
Mr. Megan Glazer, Resident
Mr. Rob Ruben, Resident
Ms. Sandra Wichner, Resident
Ms. Catherine Spencer, Resident
Have watched tax base decline, no qualms about youth having access, wants to allow cannabis to increase taxes, should allow recreational cannabis, could create $500,000 a year in revenue, will create industry and add jobs, will seem unfriendly if we do not have discussion, not concerned about availability to minors, makes sense to compete for revenues, if we do not compete it will go to other cities, City will benefit by increasing taxes, want to allow to increase in tax base, neighboring communities already have done so, has home in CO with no negative results, should approve, State has been careful and thoughtful, IL is most limited and is highly regulated, do not be short sighted, thinks Highland Park is a progressive community, lived in CA with no problems, will miss out in tax revenue if not approved, social and economic impact is positive, stores have been hit by Covid, will keep residents in town, opportunity to pump revenue into downtown, downtown is shadow of former greatness, holds City responsible if they stand in way of progress and prevent viable businesses from coming in, thinks Highland Park is forward thinking and open community, wants to further cannabis industry, will be a net positive, will keep residents from going to another town, fastest growing industry in country, wants Highland Park to do as well as possible, will bring down illicit sales, strongly in favor of, restriction on anyone under 21 entering dispensary, allow in I district, will increase business sales for other nearby businesses, average person will spend hundreds of dollars, have looked at both sides, dispensaries are well managed and clean, will bring money into town, cannabis is not going away, impossible for minors to obtain, vital for economy, Highland Park needs new businesses not other another bank or chain store, dispensaries are careful about security and have strict rules, need growth of more industry, do not send buyers to other communities, Highland Park should lead the way, concerned about availability, drivers could be under influence, more could be available to younger individuals, fake IDs, black market will not go away, will not be on site consumption, people are using in car before they leave.
Director Fontane asked if they read into the record testimonies of over 200 words.
Planner Cross stated they did receive five mails from the following which will be sent to Council.
Mr. David Fettner
Mr. Andy Hunt
Mr. Jeff Cohen
Mr. Seth Mendel
Ms. Catherine Spencer
Chair Reinstein asked if the loading space requirements for off-street parking have to be considered.
Planner Cross they are among the operational standards which clarify delivery areas need to be enclosed and secure.
Vice Chair Hainsfurther stated they are sally ports and are very secure. They have to be enclosed and prohibit people from seeing anything.
Chair Reinstein asked if the same regulation will carry over to the retail sale.
Councilman Stolberg stated they are not debating the regulations as to what is and is not allowed. These are mandated by the state. What they are talking about is if we are going to allow adult use cannabis facilities and if so in what zoning districts. They cannot then decide they are going to allow in certain districts and then change the rules. It is different than a liquor store and the facility takes down the information and it is reported to the state. There is a different level of reporting and security than a liquor store.
Planner Cross confirmed this.
Commissioner Hecht stated they cannot change state laws and asked if they can make them more restrictive than the state law.
Mr. Fiske stated no.
Commissioner Hecht asked if it can be less restrictive.
Mr. Fiske stated you can be more flexible in terms of the 1,500’ distance requirement as opposed to 1,000’. There are places where they can build in more flexibility but those are related to zoning content.
Chair Reinstein stated they have heard the issues on this topic.
Planner Cross stated the next step would be to direct findings of fact. The idea would be to come back with a draft ordinance so the Commission would have a feel what the new language would like in the zoning code. They could come back at the first meeting in October.
Chair Reinstein entertained a motion to direct staff to draft findings of fact in favor of the adult use cannabis addition to the code as presented in the packet. Commissioner Lidawer so motioned. She asked if they could put parameters on this. For example they would be modeling this after their medicinal regulations in terms of hours, parking and distance. They have gone through this process in a comprehensive way and she wanted to make sure they have the right limitations on it. She motioned to ask for findings of fact with regard to having the usage in town with those stipulations.
Chair Reinstein asked if that would be part of a conditional use approval.
Director Fontane stated that is essentially what staff is proposing.
Chair Reinstein stated he wanted to leave the hours of operation for a day when someone who is going to operate a facility came forward.
Director Fontane stated this would be a conditional use and hours could be addressed at that level.
Vice Chair Hainsfurther seconded the motion for purposes of discussion.
Vice Chair Hainsfurther stated regarding parking, he thought they needed more than 3.3 and asked Commissioner Lidawer to accept 4 per 1,000 s.f.
Commissioner Lidawer accepted the amendment. Chair Reinstein stated they should vote as proposed.
Vice Chair Hainsfurther stated there was a motion that deserves discussion under Robert’s Rules of Order.
Chair Reinstein stated this has been discussed and staff has been asked to weigh in on it and they have provided a good rationale for the parking proposed. He wanted a simple vote on it.
Director Fontane stated they have a motion by Commissioner Lidawer and a second from Vice Chair Hainsfurther with a friendly amendment accepted by Commissioner Lidawer. Her motion has been modified by the friendly amendment. What is before them is that motion with the friendly amendment.
Chair Reinstein asked what is the recommended parking ratio.
Planner Cross stated it is 4.0 spaces per 1,000 s.f. of gross floor area. That is an increase from 3.3.
Director Fontane called the roll:
Ayes: Moore, Lidawer, Hecht, Kutscheid, Glazer, Hainsfurther, Reinstein
Nays: None
Motion passed 7-0.
Director Fontane stated they will be preparing findings of fact in the affirmative and changing the parking requirement from 3.3 to 4.0.
Planner Cross stated the first meeting in October is on the 6th.
Councilman Stolberg stated to clarify for the record if the Commission votes to continue the public hearing he wanted to remind everyone there will be no additional notice for the continuation because it is not a new public meeting.
Director Fontane stated the notice is actual and there will be no further notice.
Commissioner Hecht motioned to continue the public hearing to October 6, 2020. Commissioner Kutscheid seconded.
Director Fontane called the roll:
Ayes: Moore, Lidawer, Hecht, Kutscheid, Glazer, Hainsfurther, Reinstein
Nays: None
Motion passed 7-0.
Planner Cross stated they have an email distribution list for everyone who has submitted an email and staff will send an email to that list.
V. OTHER BUSINESS
1. Administrative Design Review Approvals - None
2. Next Regular Meeting - September 15, 2020
3. Case Briefing - None
VI. BUSINESS FROM THE PUBLIC
None
VII. ADJOURNMENT
Chair Reinstein entertained a motion to adjourn. Commissioner Hecht so motioned, seconded by Commissioner Lidawer.
Director Fontane called the roll:
Ayes: Moore, Lidawer, Hecht, Kutscheid, Glazer, Hainsfurther, Reinstein
Nays: None
Motion passed 7-0.
The Plan and Design Commission adjourned at 9:30 PM.
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