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Friday, January 17, 2020

Village of Northbrook Plan Commission met March 19

By Corazon L. Gonzales | Apr 26, 2019

Meeting 01

Village of Northbrook Plan Commission met March 19.

Here is the minutes as provided by the commission:


Attendee Name    Title                  Status     Arrived

Steven Elisco     Commissioner   Present

Norm Jacobs      Commissioner   Absent

Jeff Sandler        Commissioner   Absent

Dan Pepoon       Commissioner   Present

Jeremy Melnick  Commissioner    Present

Mark DeBartolo  Commissioner    Present

Johannah Hebl   Commissioner    Present

Jennifer Lawrence Commissioner Present

Marcia Franklin   Chairman           Present

2. MINUTES APPROVAL - February 19, 2019 & March 5, 2019

      Commissioner Elisco moved and Commissioner Hebl seconded a motion to approve the minutes for February 19, 2019 and March 5, 2019. On a voice vote, the motion passed unanimously.






      Chairman Franklin stated that the order of the agenda would be reversed to place the Bank of America application last as Member Pepoon would be recusing himself.

      1. DOCKET NO. PCD-18-18: 1910 TECHNY ROAD - M/I HOMES TOWNHOMES (Second Public Hearing.) An application filed by M/I Homes of Chicago, LLC as contractual purchaser of the property commonly known as 1910 Techny Road, which is owned by TCP Techny, LLC for the purposes of authorizing the following zoning relief: A. Rezoning from I-1 Restricted Industrial to R-8 Multiple Family Residential district; B. Special permit for Concept Plan approval for a Planned Development with 84 townhouse dwelling units; C. Variation of the Subdivision Code to reduce the width of the right-of-way of proposed streets within the development from 60 feet to 52 feet; D. Variation of the Subdivision Code to allow a sidewalk on only one side of the proposed public street within the development; E. Variation of the Subdivision Code to Waive the Requirement to Bury Overhead Utility Lines along the Techny Road frontage of the Subject Property; F. Approval of a Tentative Plat of Subdivision; G. Variation to reduce the number of required off-street parking spaces within the development; H. Site Plan Approval; and I. Approval of any such variations, waivers, and zoning relief as may be necessary.

          Swati Pandey reported that M/I Homes is returning for a second public hearing before the Commission. They were here on February 19th for the first public hearing, proposing an eightyfour-town home subdivision at 1910 Techny Road. The Commission had the following concerns at the last meeting: sidewalk on both sides of the street, additional guest parking, increase the driveway depth for thirty-six end units, retention pond safety and bike and pedestrian path connection on the east side of the property. The applicant has returned with a revised site plan addressing these concerns. Zoning relief requested at this time is rezoning from I-1 to R-8 District, Special Permit for Concept Plan approval for Planned Development, Tentative plat of subdivision, off street parking variation from the zoning code, variation of the Subdivision Code to reduce the width of the right-of-way and to waive the requirement to bury overhead utility lines along Techny Road. The Commissioners were presented a spread sheet showing other similar townhome projects with retention ponds, showing which ones had fences, sidewalks, etc.

          Matt Pagoria, M/I Homes stated that they have made changes to the site plan as requested by the Commissioners at the last public hearing. Regarding the pond, he stated that the crosssection plan showed a distance of 24 feet from the sidewalk to the edge of the water with a 4:1 gentle slope covered with natural plantings. Some fencing and signage will be added to delineate entrance areas to the pond to address the concerns of the Commission.

          Motion and second to close the Public Hearing. All in favor.

          Commissioner Elisco had no further comments. They have made the changes requested and therefore, he is fine with this.

          All Commissioners and Chairman Franklin were all satisfied with these changes.

          Motion by Commissioner Elisco, seconded by Commissioner Pepoon to instruct staff to prepare a Resolution approving Docket No. PCD-18-18, 1910 Techny Road, M/I Homes Townhomes as presented and advised this evening. Approved by a roll call vote.

      RESULT:             NO ACTION REQUIRED

      2. DOCKET NO. PCD-18-13: 1200 SHERMER ROAD - BANK OF AMERICA (Second Public Hearing.) An application filed by Bank of America as lessee of the property commonly known as 1200 Shermer Road, which is owned by 1200 Shermer, LLC for the purposes of authorizing the following zoning relief: A. Combined Tentative and Final Plat of Subdivision for a Two-Lot Subdivision; B. Special Permit to allow a Drive-Through Facility (SIC No. 9980.00) for a bank in the C-2 District; C. Variation to reduce the required number of loading spaces from 1 to 0; D. Level III Design review permit approval; E. Site plan approval; and F. Approval of any such variations, waivers, and zoning relief as may be necessary.

          Commissioner Pepoon recused himself from the proceedings and left the room.

          Chairman Franklin stated to the Applicant that a minimum of five votes would be required for a positive recommendation. She also acknowledged a public comment received via email prior to the meeting.

           The Village Attorney stated relating to correspondence that was circulated at the last meeting, it was noted that by sub-dividing this property into two parcels and carving out a separate lot for the drive thru, that it is actually reducing the lot area of what would be the remaining parcel of the larger existing office building. By doing this, it has exceeded the permitted FAR of what is Lot 2 under the subdivision. This is something that can be varied by the Commission as a major variation pursuant to Section 11-5031G of the Zoning Code.

            Swati Pandey reported this is a second public hearing for Bank of America. They are returning after the February 19th meeting addressing some of the comments raised by the Commission. No changes have been made to the proposed Site Plan. The concerning items brought up by the Commission were traffic impact due to additional curb cut, traffic pattern concerns due to single lane merge west of Waukegan Road, pedestrian traffic crossing Shermer Road to Gateway Townhomes and expansion of the detention requirements for the existing property. During the first public hearing, it was presented that the detention on Lot 2 would require a variation of the subdivision code to be an easement instead an outlot. Staff has since determined that this requirement is applicable only for residential subdivisions and not applicable to nonresidential subdivisions. The required relief remains the same.

            Commissioner Elisco asked if the detention is not in an easement, does it get shared on the other property. The Village Attorney replied that the detention will be within an easement but it does not require a variation to be in an easement.

            Commissioner Elisco asked about the FAR. He wanted to know if staff or the Applicant had figured out the additional square-footage required on Lot 2 to meet the minimum FAR on the property. The Applicant stated that an approximate 4,000 square feet would be required on Lot 2 in order to avoid the major variation request for FAR. Considering the physical constraints of the streets and the grove of trees on Lot 1, it would be difficult to shift the lot line for compliance. The Applicant would request the Major Variation for Lot 2 to be granted.

             Cal Bernstein, on behalf of the applicant, stated that his group was not aware there was issue with the FAR until they walked in tonight. When this project was first designed, the building was further to the east and the feedback they received was that they wanted to preserve that grove of trees. This came from the Board of Trustees and Staff. There was a request to move the building further west, which we complied.

             Commissioner Hebl asked why the traffic study is using data that is from 2003 and back. Peter Lennon from McKinley Horn, replied that this traffic study was a collaboration of data from an industry standard manual that is looking at data points for banks with a drive thru or similar size developments. This manual is updated every four or five years.

            Commissioner Hebl asked about the detention on the two properties. Tom Poupard stated that the parcel with the bank and drive thru as it sits now was established before the new detention requirements. There is minimal detention on site right now. The smaller lot now is going to be handling all of the Code required detention for the new bank. Lot 2, the larger lot, will have a larger percentage of pavement. The way permitting occurs, it’s not like a single-family home where it’s lot by lot; MWRD and the Village Engineering Department are still looking at the property in its entirety. The situation didn’t get any worse, it actually got a little bit better.

            Commissioner Hebl asked if considerations were made by the Applicant with regards to their flexibility to develop Lot 2, considering the proposed curb-cut on Shermer Road, existing curbcut on the property and the crosswalk near Gateway Townhomes.

            Steve Qualkinbush confirmed that the proposed curb-cut would be the only one permitted on this property and continued that if in their planning with the Plan Commission figure out that it makes sense to run to this cross easement and use this driveway across the front connecting to the other driveway, that could be something we could all think about together. That is why in his letter sent to the Plan Commission, he wrote of working this out together to figure out the long term. If there can only be a 0.35 FAR for the remainder, what’s the point of even considering this as a campus for future development. That is why we must see this as a whole in terms of the FAR, and then come back and work on this with staff to what is the right set of guidelines for the balance.

           Motion and second to close the public hearing. All in favor.

           Commissioner Hebl expressed concerns about the safety given the traffic study and the Shermer Road curb-cut. She does not support this plan.

           Motion by Commissioner Elisco and seconded by Commissioner Melnick to approve Resolution #19-PC-04 Village of Northbrook Docket #PCD-18-13 Bank of America, 1200 Shermer Road as provided by staff this evening. Approved on a roll call vote with five members voting in favor of the resolution, one member denied, and three members were absent.



Chairman Franklin feels that the Village needs to address the Shermer Road intersection and its traffic issues for any future development in that area. There is no approved plan in place for that area.

Commissioner Lawrence mentioned about the problems of reviewing individual development plans which are limited in scope and do not consider issues affecting beyond the scope of the project. Commissioner Elisco also mentioned traffic issues on Shermer Road.




      Commissioner Elisco moved, and Commissioner DeBartolo seconded, to adjourn the meeting. On voice vote, a motion to adjourn passed unanimously.

      Adjourned at 8:33 p.m.

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Village of Northbrook