Lake County Gazette

City of Highland Park Plan and Design Commission met May 2

Here are the minutes provided by the commission:

MINUTES OF A REGULAR MEETING  

PLAN AND DESIGN COMMISSION OF THE CITY OF HIGHLAND PARK, ILLINOIS 

MEETING DATE: Tuesday, May 2, 2023 

MEETING LOCATION: Council Chambers, City Hall, 1707 St. Johns Avenue, Highland Park, IL

CALL TO ORDER 

At 7 p.m., Chairperson Hainsfurther called the meeting to order. This Commission meeting takes place on site. Staff was asked to call the roll. 

 ROLL CALL 

Commissioners Present: Chairperson Hainsfurther; Commissioners, Bruckman, Kerch, Mantis, Moore, & Quinlan 

 Commissioners Absent: Hecht 

 Councilmember Present: Stolberg 

Student Council Present: Roberts, Mendoza 

 Staff declared that a quorum was present. 

 Guest Present: Marcus Martinez, Corporation Counsel/Elrod Friedman 

 Staff Present: Fontane, Burhop 

 Chairperson Hainsfurther stated he‘d like to move the Resolution to be first on the agenda.

OTHER BUSINESS 

1. A Resolution Honoring an Outgoing Student Representative  

Chairperson Hainsfurther stated Student Rep Mendoza’s last meeting was April 18, 2023. He wishes to properly salute her for her contributions to the PDC. It has been a pleasure with large shoes to fill. In his tenure, she has been an active participant with wonderful questions making great points allowing the PDC to understand different viewpoints. The PDC will miss her. He read the Resolution and presented her with same. 

Commissioner Kerch moved to approve the Resolution for Student Rep Mendoza. Commissioner Moore seconded the motion.  

On a roll call vote  

Voting Yea Chairperson Hainsfurther; Commissioners, Bruckman, Kerch, Mantis, Moore, & Quinlan 

Voting Nay: None 

Chairperson Hainsfurther declared that the motion passed unanimously. 

Student Rep Mendoza thanked everyone and said she has always wanted to be active in her community. Everyone applauded her. 

APPROVAL OF MINUTES 

Chairperson Hainsfurther stated they just received these which could be approved with technical corrections. Changes include:  

• Page 1, line 21 

• indicate Roberts rather than Jackson  

• Page 3, line 12 

• indicate 7.18’ (rather than 7’18”) 

• Page 4, line 11 

• after “Commissioner Hecht offered yet another option”, add what that option is. 14 

• Page 7, line 21 

• alter “this is” to dispensaries are 

 Commissioner Moore moved to approve the March 21, 2023, regular meeting minutes as amended. Commissioner Kerch seconded the motion.  

On a roll call vote  

Voting Yea Chairperson Hainsfurther; Commissioners, Bruckman, Kerch, Mantis, Moore, & Quinlan 

Voting Nay: None  

 Chairperson Hainsfurther declared that the motion passed unanimously.  

Student Rep Jackson noted corrections on the April 4, 2023, regular meeting minutes: 

• Page 1, line 20 

• indicate Roberts rather than Jackson  

 Commissioner Moore moved to approve the April 4, 2023, regular meeting minutes as amended. Commissioner Bruckman seconded the motion.  

On a roll call vote  

Voting Yea Chairperson Hainsfurther; Commissioners, Bruckman, Kerch, Mantis, Moore, & Quinlan 

Voting Nay: None 

Chairperson Hainsfurther declared that the motion passed unanimously.  

SCHEDULED BUSINESS 

1. Public Hearing #2023-ZTA-001 for a Chapter 150 Zoning Code text amendment to amend or to prohibit, or otherwise regulate, the use of property for Tobacco Shops, and for other principal and accessory uses for the sale or use of tobacco products, e-cigarettes, smoking, vaping and all related paraphernalia intended for smoking or vaping of any kind regardless of products, in the various zoning districts of the City, and specifically as well as such other regulations as may be necessary, important, or beneficial to the City and its residents

Chairperson Hainsfurther said this was briefly discussed at the March 21, 2023, PDC meeting.

Director Fontane said the City is implementing a database system so the presentation is not typical. A vote is not needed this evening. Staff may draft approval or Ordinance documents.  

Chairperson Hainsfurther stated members of the public will be able to provide comment this evening. Three  minutes is allowed per speaker. 

Senior Planner Burhop stated if anyone is present for 1126 Lincoln Avenue South, this case will be heard on May 18, 2023, at the ZBA meeting. 

He offered a presentation: 

• Text amendment was previously discussed at the March 21, 2023 PDC meeting; PDC feedback was highlighted 
• Staff offered responses that regulations vary per municipality; attachment is provided
• An email blast was submitted for public comments 
• Policy Discussion & Alternatives  

• Land use, Principal use, Accessory use 

• Zoning District Limitation  

• Alternative A, B, C, D 

Director Fontane noted these are examples. Chairperson Hainsfurther stated the options are to do nothing and leave as is, ban shops in any district, limit shops to designated districts, or make these shops Conditional Uses. This came to the PDC from City Council.  

Senior Planner Burhop confirmed the current Code allows tobacco in Commercial and Industrial zoning districts as a Permitted Use. 

The PDC addressed Staff: 

• Commissioner Quinlan asked: 

• where this is tied into regarding the Findings of Fact. Senior Planner Burhop said there are no Findings of Fact for this item. Sometimes this is related to economic development, regulation, businesses, community value, objectives, and goals within the Master Plan. 
• if there are any value statements, core value document. Director Fontane said City Council has core values, but that would not intersect with this. This is a type of Retail Use. The Highland Park Code has groups of Retail Uses with use permissions. Controlling Land Use leads to more detail. Chairperson Hainsfurther added it allows regulation of very specific uses.  

• Commissioner Moore: 

• would like to see where alcohol, wine, beer shops align with this. If they are regulated in the State, maybe they should have similar regulations in the City. Director Fontane shared this will be included. 
• asked if there is a tobacco license like a City liquor license. Director Fontane will check same. He believes there is.  

• Commissioner Bruckman referred to the chart and asked if there is a way to regulate zoning more if there are three of these types of shops; place a limit. Chairperson Hainsfurther said zoning is not used to regulate the number of shops, so you cannot limit shop types. Perhaps they could be Conditional Uses.  

Corporation Counsel stated each stands on its own; unique property. Director Fontane stated Staff is recommending this be a Permitted Use. In certain cases, buffering is allowed between dispensaries. A shadow limitation is in the Code. 

Chairperson Hainsfurther asked that audience members who wish to speak come forward. He swore them in: 

• Howard Geigerman owner of Old Chicago Smoke Shop, 221 Skokie Valley Road

Mr. Geigerman shared they have operated in this location for 25 years with his ownership being 19 years. They primarily sell cigarettes and cigars. They do not nor ever have sold CBD, THC products,  bongs, or hookahs. They do not sell products to minors. Various community members patronize the  shop. They have always complied with Highland Park regulations. They never attend festival events via a booth. 

He is unsure why this meeting is taking place with a one-day notice. They have not been notified in writing nor visited by City Staff regarding questionable actions. 

Chairperson Hainsfurther stated whatever occurs, this will not apply to existing businesses but rather new businesses. Director Fontane added the Uses might, per the new Ordinance, be rendered a legal, preexisting, nonconforming use; carry on business operations.  

Chairperson Hainsfurther said Text Amendments are not a result of notifying everyone. An email blast went out from the City. He noted the City has received recent complaints about shops that sell paraphernalia primarily in the Neighborhood and Central Business districts. There is concern as to how they operate. Councilmember Stolberg concurred. Director Fontane asked the PDC to make a recommendation and advisement. This particular tobacco shop is in a business district that would be allowed by-right.  

Mr. Geigerman concluded it was a pleasure when the smoking age turned from 18 to 21 years of age. 

• Barbara de Nekker Executive Director, Community The Anti-Drug/CTAD

Ms. de Nekker stated this is a local coalition of Highland Park and other communities feeding into the high school district (over 100 volunteers, etc.). The goal is to offer a healthy future for youth. They are concerned about Kratom (gas station heroin) and the unregulated cannabis products (THC  40 products -- Delta 8, 10 etc.) as they can be addictive. Locations (in family-friendly downtown, etc.) are concerning. Studies show the more advertising and stores young people see, the more likely they are to use. Other states and municipalities in Illinois have banned Kratom, unregulated THC, and like products altogether. Chairperson Hainsfurther asked that this information be provided to Staff.  

• Catherine Spencer 20 year resident of Highland Park with 3 children in school

Ms. Spencer is here to ask the PDC to ban the sale of Kratom and unregulated THC products. As a  licensed clinical social worker/LCSW and parent, she doesn’t want children exposed to advertising and have access to unregulated and unsafe products. When adults don’t understand these products, they are not speaking to their children about them. Kids are not aware of the harms. She would like zoning to be considered for Kratom and Delta products just as they are for marijuana dispensaries.  New products are constantly being introduced to the market. A general regulation is needed.  

• Kristina Wilson new Highland Park resident 

 Ms. Wilson would like the strictest approach to be adopted. She offered an example of when a smoke shop opened beneath her dwelling. After conducting research on impacts, they learned crime, loitering, impacts on youth were evident. A quote was read from the American Lung Association whereby tobacco products kill more people than alcohol, AIDS, etc., combined. They felt forced to move from Chicago due to no regulations. They selected Highland Park as there were no  15 smoke shops closer than Highwood. As two smoke shops have popped up, they now have anxiety.  She urges the PDC to take a firm stand against the sale of a deadly product to promote health in its community.  

• Jacob Fine resident (for 7 years) in Brook Estates’ condo complex 

Mr. Fine stated he previously audited the City of Highland Park when he was with Arthur Andersen. He is a cigar smoker and has frequented the Old Chicago Smoke Shop for years. Common sense tells us we don’t want THC, etc. in our community. Children/teenagers are vulnerable to it, it is stuffed with garbage. He would like regulation away from this community; likes the idea of a buffer zone; limit the opening of vape shops when in proximity to grammar and high schools. 

Chairperson Hainsfurther asked and Staff advised creating an Ordinance is acceptable. 

Some PDC comments are: 

• Student Rep Roberts likes the idea of these only being permitted in certain zoning districts. The Old Chicago Smoke Shop as well as Binny’s are accessible by car; a conscious decision has to be made to get in one’s car and drive there. There are walkable schools in Highland Park. Children walk in the Central Business district, etc.  
• Commissioner Bruckman likes limiting certain THC products to be sold in these shops in certain zoning areas.  
• Commissioner Mantis said, regarding definitions, he feels these should be delineated even if zoning restrictions are the same. Tobacco is different than unregulated cannabis; separate audiences and purchasers.  
• Commissioner Kerch believes it makes sense to make these uses permissible in Industrial B3 district. He is a fan of eclectic downtowns and would be in favor of making it a Conditional Use in the Central Business district; would allow control. Perhaps enact Alternative B. The product question does not pertain to zoning.  

Director Fontane asked the City Manager if we are looking to regulate Land Use or product. She responded – Land Use.  

Councilperson Stolberg asked if both could be accomplished by regulating product in the definition of a smoke shop in the Code. Director Fontane said – yes, indirectly and explained same. Corporation Counsel Martinez said it’s regulated in Chapter 125 and expounded. Chairperson Hainsfurther said the PDC could recommend to the City that an Ordinance be created to restrict products. Mr. Martinez disputed that in regards to the PDC’s purview for this Text Amendment. Chairperson Hainsfurther rephrased that the PDC could suggest City Council review that. 

• Commissioner Moore concurs with Commissioner Mantis to pull tobacco, vape, and THC products to deal with them separately. She concurs with Commissioner Kerch about Alternative B. 
• Chairperson Hainsfurther concurs with Alternative C from a zoning standpoint. He struggles with the Accessory Use part of it.  

Chairperson Hainsfurther is not sure we have to define it as it changes regularly. He would like to recommend to City Council that testimony was heard from residents of the community who are concerned about the unregulated sale of these products. It should be dealt with expeditiously. The buffer idea is attractive.  

Chairperson Hainsfurther is not in favor of it being a Conditional Use in the Central Business district. 

Other Commissioners now decided that Alternative C better represents their position. 

Director Fontane asked: 

• about buffers from sensitive uses or a buffer from each other. Consensus is buffering from sensitive uses only.  
• about definition. As new information was introduced tonight, Commissioner Moore learned Kratom and THC products are unregulated. Director Fontane asked if anything with tobacco needs to change if consensus is to separate the definition. Paraphernalia is another subject.

Commissioner Moore would like to know if there are regulations for what can be advertised. Director Fontane said this could be part of a license. This is different – Land Use not a license. 

Chairperson Hainsfurther explained the PDC is a recommending body; City Council has the final say. Commissioner Kerch reminded residents may go City Council meetings to voice concerns. It was suggested pulling the definition of a vape shop vs. a tobacco shop.  

Chairperson Hainsfurther said another topic is on-site consumption. No on-site consumption should be included in the definition. Also what are the licensing requirements for the sale of tobacco? There is a list City Council could review in addition to the Land Use.  

Commissioner Moore said to understand this, we should know regulations for alcohol, tobacco, etc. She referenced experiential uses and how that is different from a cigar bar if it is different. Products should possibly be regulated in the same way.  

Commissioner Quinlan and Director Fontane said these items respectfully may not affect this charge. Director Fontane said, from a Land Use perspective, comparisons can be provided as well as where dispensaries are located.  

Director Fontane reminded City Council adopted a Red Flag Amendment. Councilman Stolberg asked about the expiration, and Director Fontane stated City Council directed a hearing had to be open in 90 days.  Concerted effort and progress needs to be considered. We are and need to stay focused on what City Council directed. We have gotten there.  

Commissioner Moore moved to direct Staff to prepare Findings of Fact in a draft Ordinance to codify what is in Alternative C. Commissioner Quinlan seconded the motion. 

Commissioner Quinlan asked about concerns about Accessory Use. Chairperson Hainsfurther said it could still be an Accessory Use outside of these districts. Director Fontane concurred. New information heard tonight would refer to a different Ordinance and City Council. Following this submission, a list of items could be prepared for City Council to consider. 

Commissioner Mantis asked if the floor area of 20% should be scaled to something lower. Chairperson Hainsfurther advised it’s possible.  

A friendly amendment was given that an Accessory Use would not be more than 10% of the FAR for unregulated products. Commissioners Moore and Quinlan accepted the amendment. 

On a roll call vote  

Voting Yea Chairperson Hainsfurther; Commissioners, Bruckman, Kerch, Mantis, Moore, & Quinlan 

Voting Nay: None 

Commissioner Bruckman stated she was not in attendance at the March 21, 2023, meeting but watched the video. Chairperson Hainsfurther declared that the motion passed unanimously. 

Director Fontane concluded Staff is formulating a recommended Ordinance from the PDC. There is no final action. Nothing is changed yet. Until it is finalized, it could change. Those audience members who wish to be contacted should leave their contact information. 

Chairperson Hainsfurther thanked audience members for attending, as the PDC values their input. 

Commissioner Moore moved to continue this matter to the June 6, 2023, PDC meeting. Commissioner  Mantis seconded the motion.  

On a roll voice vote  

Voting Yea Chairperson Hainsfurther; Commissioners, Bruckman, Kerch, Mantis, Moore, & Quinlan 

Voting Nay: None  

Chairperson Hainsfurther declared that the motion passed unanimously. There will be no additional

notice. Director Fontane reminded the City’s web site has this information also. 

A recess was taken at 8:27 p.m. The meeting resumed at 8:34 p.m. 

2. Public Hearing #2023-ZTA-002 for a Chapter 150 Zoning Code text amendment to amend or modify Section 150.407 to allow sleeping quarters in cellars, as well as such other regulations as may be necessary, important, or beneficial to the City and its residents, related to sleeping or cooking facilities in cellars or basements 

Planner Burhop offered a presentation: 

Text amendment for PDC to offer feedback, adopt the Findings of Fact, or recommend approval  

• Project background (remove the prohibition for sleeping quarters in a cellar) 
• Analysis (cellar vs. basement) 
• Building review (sleeping quarters allowed in basement but not a cellar; requires a window) 
• Background on prohibition (goes back to 1997 and some content back to 1947) 

Chairperson Hainsfurther asked if there are questions for Staff: 

• Commissioner Kerch asked if the cooking prohibition in the cellar is by Code. He asked if it would be  allowed by the building code if the restriction was taken out of the Zoning Code. Senior Planner 14 Burhop said they are only proposing to remove the sleeping portion. Commissioner Kerch is asking because the use of cellar and basement is confusing. Councilperson Stolberg concurred. Senior Planner Burhop said the primary distinction is whether you count it as floor area or ratio. Commissioner Kerch rephrased if the terms were removed and the definition stated below-grade spaces, would the Code allow cooking in a below-grade space. Director Fontane said he doesn’t believe there are any restrictions besides proper ventilation and air supply. 
• Commissioner Moore stated with the new regulation, one would be allowed to have a bedroom in a basement. If sleeping quarters in a basement is allowed, egress is necessary. She asked and Chairperson Hainsfurther stated bedrooms in cellars would be allowed if adopted by City Council.

Chairperson Hainsfurther asked if audience members have any comments. There were none.

Commissioner Moore moved to approve the Findings of Fact. Commissioner Bruckman seconded the motion. 

On a roll call vote  

Voting Yea Chairperson Hainsfurther; Commissioners, Bruckman, Kerch, Mantis, Moore, & Quinlan 

Voting Nay: None 

  Chairperson Hainsfurther declared that the motion passed unanimously.  

BUSINESS FROM THE PUBLIC  

There was no Business from the Public.  

OTHER BUSINESS 

2. Administrative Design Review Update 

There is nothing to report. 

3. Next Regular Meeting – May 2, 2023 Case Briefing  

The next regular meeting is scheduled for May 16, 2023. 

 Chairperson Hainsfurther noted this is Councilperson Stolberg’s last meeting with the PDC. He stated it is hard to imagine this Commission without Councilperson Stolberg. His service has been exemplary and supportive. His friendship and guidance is appreciated. He is the most effective City Councilperson the PDC has had. Chairperson Hainsfurther thanked Councilperson Stolberg, and the PDC offered a round of applause for his service. 

Councilperson Stolberg said the PDC is arguably the most visible Commission we have. There are more  audience members often at the PDC rather than City Council meetings. He thanked PDC members for their service, friendship, and believes the last few years following Covid were very productive.

4. Case Briefing  

Director Fontane advised City Council adopted Mr. Hillman’s parking lot and the recommendation for Ravinia School. 

ADJOURNMENT 

Commissioner Kerch moved to adjourn at 8:54 p.m. Commissioner Moore seconded the motion.

On a roll call vote  

Voting Yea Chairperson Hainsfurther; Commissioners, Bruckman, Kerch, Mantis, Moore, & Quinlan 

Voting Nay: None 

Chairperson Hainsfurther declared that the motion passed unanimously. 

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