City of Highland Park Plan and Design Commission met Oct. 20.
Here is the minutes provided by the commission:
City of Highland Park Plan and Design Commission Met October 20
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, Reinstein
Members Absent: Moore
Director Fontane took the roll and declared a quorum present.
Staff Present: Fontane, Cross, Burhop
Student Rep.: None
Corporation Counsel: Schuster
Council Liaison: None
III. APPROVAL OF MINUTES
October 6, 2020 Regular Meeting
Chair Reinstein entertained a motion to approve the minutes of the October 6, 2020 meeting with corrections. Commissioner Lidawer so motioned, seconded by
Commissioner Kutscheid.
Director Fontane called the roll:
Ayes: Lidawer, Kutscheid, Hecht, Glazer, Hainsfurther, Reinstein
Nays: None
Motion passed 6-0.
IV. SCHEDULED BUSINESS
A. Design Review:
1. 1505 Lake Cook Rd. – Sign Package for Courtyard by Marriott Hotel
Planner Cross made a presentation for the above item including sign package incorporated two elements of relief – one, for a wall sign on the side of the building and second, the off-premises sign. The Commission was supportive of these two items and asked the applicant to consider two changes – one, making one of the wall signs facing Lake Cook Rd. a halo backlit sign instead of an internally illuminated channel letter sign – second, the monument sign had a grey metal base and the Commission asked them to replace the base cladding to reflect stone used in a landscaping element at the porte cochere. Marriott has incorporated both changes into the plans. He illustrated the Marriott site and the changed signs.
Chair Reinstein entertained a motion to approve. Vice Chair Hainsfurther motioned to approve the sign package as submitted by Persona Signs of 10-9-20, seconded by
Commissioner Hecht.
Director Fontane called the roll:
Ayes: Lidawer, Hecht, Kutscheid, Glazer, Hainsfurther, Reinstein
Nays: None
Motion passed 6-0.
V. Public Hearing #20-05-PRO-001 to Amend the Text of Chapter 150, the Zoning Code, with Changes Relating to the B5 Central Business District and the Pedestrian Oriented Shopping Overlay District (POSO).
Planner Cross made a presentation for the above item including background, City Council consideration, Plan & Design Commission consideration, additional research and information, property owner input, research in other communities, findings of fact and draft ordinance, recommendation and request for feedback.
Director Fontane stated this matter is for the elimination of the POSO.
The following residents expressed their opinions:
Mr. Rick Nelson stated the presentation was perfect and he had no questions or comments. He asked about the second item relating to the possible elimination of the requirement for ground floor commercial in a specific area in B5. He thanked the Commission for their consideration.
Chair Reinstein stated there may be a time when this is a topic for discussion, but it was not on the agenda for tonight.
Commissioner Kutscheid stated the original reason for the POSO was to protect the character of downtown and by removing the POSO and do the changes remove the character protections for the downtown. Are there other things that protect the character of the downtown?
Director Fontane stated there is an article in the zoning code regarding design and they have design guidelines.
Planner Cross stated Article XXIII is the downtown form and design and has design considerations based on particular frontages in downtown. These are based on the scale of the street and Green Bay Rd., and these are not impacted by this POSO consideration.
Commissioner Kutscheid stated the protection of the character was the mix of business types. He asked if they were opening it up to any type of business by removing the POSO.
Director Fontane stated the restrictions on land use types would be the B5 zoning district which is the downtown district. It would no longer be limited to just retailer uses. That does not mean any use would be able to go in there.
Vice Chair Hainsfurther stated he was on the Plan Commission when the POSO was put in place and it was there to mitigate a run on banks. It did not have to do with protecting the character of downtown as much as to protect the sales tax base of downtown. They were not traffic generators and not retail sales tax generators by their nature. That is where the POSO came from and removing it allows any B5 permitted use.
Commissioner Kutscheid stated the reason it was put in place can come back again.
Vice Chair Hainsfurther stated market conditions are different now and a lot of the banks that were on the fringe of the POSO have left town. He did not anticipate a lot of banking but there might be other services businesses that might fit that same description.
Commissioner Hecht stated he supported Vice Chair Hainsfurther and banks are not opening new branches and everything is online. He did not think this was an issue that would ever come back.
Commissioner Kutscheid stated his question had been addressed but he did not agree with the answer.
Commissioner Glazer stated the banking industry had changed even before COVID but that does not mean the larger concern is not still present. They see other businesses come in that are not sales tax generating that do not draw the type of pedestrian traffic they are looking for and it is all open if they eliminate the POSO. He stated there was an email sent by Mr. Rick Strusiner that identified a list of businesses that he thought undesirable.
He asked if they knew anything more about the list including where it came from and if there is any follow up in trying to prevent these types of business from gaining acceptance in the central business district.
Planner Cross stated there is not any motion toward amending the list of permitted uses in the B5 as part of this discussion. They are not looking at this tonight. The B5 allows a lot of varied uses and can be looked at in the future.
Commissioner Lidawer stated she did not know if this would allay Commissioner Kutscheid’s fears, but when she went through the B5 uses it appeared it is more important to have some spaces filled and to enable people to come to Highland Park. With regard to vacancy vs. only retail she would take having spaces filled because of the numbers. She commended staff and thought it was an admirable job of comparison. She was glad they reached out to brokers and landlords in trying to get an idea of what rents are like in other places. In addition they are on a tough path and this has exacerbated it. She appreciated the additional information and it verifies that vacancies are rampant despite the best efforts of many people in the community. She wanted to make Highland Park a more welcoming community.
Commissioner Glazer stated while he thought this can be a useful step, he shared Commissioner Kutscheid’s concerns. It was hard for him to gauge whether this is a partnership effort and he was concerned whether or not they are fully participating with landlords in this effort. The landlords are competing for business and there was some consideration given to rental rates. Members of the Commission have difficulty renting in Highland Park because the rates are other than commercially reasonable and he was concerned about changing the rules rather than trying to do this from a business perspective. This ought not to be the first step taken. He thought they were changing the rules before trying other resources.
Vice Chair Hainsfurther stated he understood where Commissioner Glazer was coming from and normally would agree, but they have been chipping away at this over time doing it piecemeal. At this point they have gotten to the point where landlords have had opportunities to comment on whether the POSO should or should not be there. They need to take look at the use table in B5. Per Mr. Strusiner’s comments, he thought the uses are not appropriate on the ground floor and can easily exist above the first floor and allow for more traffic generating uses on the ground floor. That is what helps the merchants in having uses on the ground floor that generate traffic. He preferred eliminating the POSO and wanted to take a look at the uses in B5. He would not be opposed to doing it and revisiting it next summer.
Commissioner Hecht agreed that they have been whittling away at this and he did not see it improving but rather deteriorating. Campus Colors is closing and they are a large retail operator. It is making it harder by having more restrictions. The original rationale for the POSO no longer exists. This was put in place because banks were over bidding everyone else for prime space. They are not doing that now and the reason for the POSO is not there. There are other ways to encourage the right uses in the prime spaces that are not as restrictive and limiting. He thought the POSO is an unreasonable restriction which has no purpose.
Commissioner Lidawer stated they have been asked by Council to look at this and directed staff to prepare findings of fact. Findings have to do with the POSO and she thought the B5 and residential are important, but tonight they should focus on the POSO and its time has passed.
Chair Reinstein stated they have been chipping away at the POSO and there are whole blocks no longer in it. He has not noticed a change in character on those blocks and did not share the character concern. There may be some merit to recommending that maybe the B5 uses be reviewed and was not sure it was appropriate for tonight. He would leave it to Director Fontane and Planner Cross to chime in.
Director Fontane stated they have the matter up for a vote and the Commission could indicate it suggests the B5 be looked at more closely in terms of the uses permitted.
Chair Reinstein thought it important to vote so they know where they stand and staff has drafted findings to approve the recommendation to do away with the POSO.
Mr. Rick Strusiner stated he had been before the Commission before and is one of four owners Port Clinton. Uses were different 35 years ago and they had book stores, art galleries, boutiques and the world has changed. He wanted to restate his email that they should first eliminate the POSO and then visit the uses. His purpose was to warn that many of those uses that do not belong on the first floor of the downtown and he would not have allowed them in his POSO spaces. In 35 years he had never been asked for those uses and he agreed with the Commission that it is proper to eliminate the POSO first and then identify uses that do not belong. Eliminating the POSO makes sense and the B5 uses need to be revisited.
Chari Reinstein entertained a motion to approve elimination of the POSO. Commissioner Lidawer so motioned, seconded by Commissioner Hecht.
Commissioner Glazer stated the motion was made to accept without any recommendation to address what Director Fontane said was a legitimate recommendation they could attach to the motion.
Commissioner Lidawer stated she would accept a friendly amendment stating subject to a review of the B5 restrictions.
Commissioner Glazer stated that was appropriate.
Chair Reinstein asked about subject to the B5 restrictions and uses at a later date.
Planner Cross stated a recommendation on behalf of the Commission that the B5 land uses should be reviewed in the future was appropriate.
Vice Chair Hainsfurther stated in the near future it was appropriate. He did not think they could make it subject to, but say in addition they recommend Council charge us with reviewing the B5 district.
Chair Reinstein asked Commissioner Lidawer if this was acceptable.
Commissioner Lidawer stated yes.
Commissioner Glazer stated yes.
Director Fontane called the roll:
Ayes: Lidawer, Hecht, Glazer, Hainsfurther, Reinstein
Nays: Kutscheid
Motion passed 5-1.
Planner Cross stated staff will present this to City Council on October 26th
VI. Public Hearing #20-10-REZ-002 for the Rezoning of Various Properties Annexed to the City of Highland Park from the City of Highwood.
Planner Burhop made a presentation including application summary, realignment maps, photos of annexed properties, standards and recommendation.
Chair Reinstein asked for public comment.
Planner Cross stated no members had raised their hand for comment in the Zoom meeting.
Chair Reinstein stated there was a draft ordinance and were there findings of fact.
Planner Cross stated Planner Burhop included draft findings of fact recommending approval of the zoning map amendment. The motion would be to approve the findings of fact recommending approval.
Chair Reinstein entertained a motion to approve the findings. Commissioner Lidawer so motioned to approve as proposed, seconded by Commissioner Hecht.
Director Fontane called the roll:
Ayes: Lidawer, Hecht, Kutscheid, Glazer, Hainsfurther, Reinstein
Nays: None
Motion passed 6-0.
VII. OTHER BUSINESS
1. 2021 PDC Meeting Dates Resolution
Planner Cross stated he revised the resolution to show next year’s meetings are at 7:30 PM. The dates are the same.
Vice Chair Hainsfurther motioned to adopt the resolution, seconded by Commissioner Hecht.
Director Fontane called the roll:
Ayes: Lidawer, Hecht, Hainsfurther, Reinstein
Nays: None
Abstain: Kutscheid, Glazer
Motion passed 4-0.
2. Administrative Design Review Approvals - None
3. Next Regular Meeting – November 3, 2020
Planner Cross stated the next meeting will include:
Edgewood Middle School
The Shops on Elm
2789 Oak St.
Short term rentals
Planner Cross stated the final development plan for the Saks project will be included at the November 17th meeting.
4. Case Briefing
Director Fontane stated City Council voted 4-3 in favor of the adult use cannabis ordinance to have a distance of 1500’ as opposed to 1000’ between dispensaries.
VI. BUSINESS FROM THE PUBLIC
None
VII. ADJOURNMENT
Chair Reinstein entertained a motion to adjourn. Commissioner Hecht so motioned, seconded by Commissioner Kutscheid.
Director Fontane called the roll:
Ayes: Lidawer, Kutscheid, Hecht, Glazer, Hainsfurther, Reinstein
Nays: None
Motion passed 6-0.
The Plan and Design Commission adjourned at 8:35 PM.
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