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1996-5711/27/96 t ! RESOLUTION 96 - 57 A RESOLUTION OBJECTING TO THE REZONING OF THE SHELL OIL COMPANY PROPERTY, SOUTHWEST CORNER OF ILLINOIS ROUTE 83 /ARLINGTON HEIGHTS ROAD, FROM THE LAKE COUNTY COUNTRYSIDE DISTRICT TO THE URBAN DISTRICT WHEREAS, the Shell Oil Company property, commonly known as the 3.74 acres at the southwest corner of Illinois Route 83 and Arlington Heights Road, and legally described in attached Exhibit A and hereinafter referred to as the "Property," is currently unincorporated and zoned in the Countryside District by Lake County; and, WHEREAS, Shell Oil Company has petitioned to Lake County for approval of rezoning to the Urban District to allow development of a gasoline service station with a car wash including retail food sales and a restaurant with a drive - through window; and, WHEREAS, the Village of Buffalo Grove has designated the Property for office use on the Village's Comprehensive Plan Map approved on April 20, 1992; and, WHEREAS, the Village of Buffalo Grove Plan Commission held a public hearing on May 1, 1996 to consider a request by Shell Oil Company for annexation to the Village with zoning in the B -3 Planned Business Center District for development of a gasoline service station with a car wash including retail food sales and a restaurant with a drive - through window; and, WHEREAS, the request for B -3 zoning failed to gain a favorable recommendation from the Buffalo Grove Plan Commission by a vote of 6 "nayes" to 2 "ayes ", based on concerns of compatibility with adjacent residential areas, the 24 -hour nature of the proposed gasoline service station and retail food sales and the safe and efficient management of traffic entering and leaving the site; and, WHEREAS, the Village of Buffalo Grove has a long - standing policy as articulated in Resolution 75 -41 requesting that Lake County not grant zoning and development approvals for unincorporated properties within the Village's one and one -half mile municipal planning jurisdiction when said zoning and development proposals are not in accordance with the Village's Comprehensive Plan; and, WHEREAS, the proposed rezoning of the Property is not consistent with the residential zoning to the west and south and the office zoning to the north, and would in fact constitute an .7 2 isolated area of Urban zoning by Lake County. • NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, TI4AT: The foregoing Whereas clauses are hereby incorporated herein. 2. The Village of Buffalo Grove objects to the proposed rezoning of the Property to the Urban District, and the Village urges the Lake County Board to deny said rezoning in support of the Village's Comprehensive Plan. The Village of Buffalo Grove hereby requests that the proposed rezoning shall only be passed, if at all, by an extraordinary favorable vote of all members of the County Board pursuant to statute in such cases made. AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAPES: 0 - None ABSENT: 0 None PASSED: December 2. 1996 APPROVED: December 2, 1996 ATTEST: Village erk Village President EXHIBIT A SHELL OIL COMPANY, Route 83 /Arlington Heights Road That part of the North East quarter (1/4) of the South East quarter (1/4) of Section 30, Township 43 North, Range 11, East of the Third Principal Meridian, described as follows: Commencing at the intersection of the center line of Illinois Route 83 with the East line of said quarter quarter Section; thence South along the East line of the North East quarter (1/4) of the South East quarter (1/4) aforesaid, 338.24 feet; thence West at right angles to said East line, 520.0 feet; thence North, parallel with the East line of said quarter quarter Section, 493.65 feet, more or less, to the center line of Illinois Route 83; thence South Easterly along the center line of said Road, 542.73 feet to the place of beginning (except part dedicated by Doc. 1685014 and Doc. 2005279 and Case No. 91ED36 in the Circuit Court), in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 3.7 -acre parcel at the southwest corner of Illinois Route 83 and Arlington Heights Road. f S • • AGENDA LAKE COUN'T'Y, IIJ1N01S REGIONAL PLANNING COMIVIISSION LAKE COUNTY ADMINISTRATION BUILDING 18 NORTH COUNTY STREET, WAUKEGAN, IL 60085 10th Floor, Assembly Room Tuesday, November 26, 1996 - 1:00 p.m. 1.0 CALL TO ORDER • � :� • 7,60ME1 3.0 CORRESPONDENCE 5.0 ZONING CASE 4.1 Zoning Case # 3011 Vernon Township Rmning from C to U 5.0 OTER BUSHMS 6.0 DIRECTOR'S REPORT 7.0 ADJOURNM]3 NT Next Meeting Date: Tuesday, December 17, 1996 �•� tr � <T �i4EQ+ ,..% t'..s„ nf"�,l �✓5 � -F �� S' Fr'ji�2� t t .4'� .. �.ZX'�7, y"' ' � -T1: �^ OCT11 3 7 " 7 PETITION FOR REZONING TO THE HONORABLE CHAIRMAN AND -AKE CCMEMB'ERS" OF THE ZONING BOARD OF APPEALS 3CF."-'COUNTY- 'OF LAKE STATE OF ILLINOIS #3011 Vernon Township Hall 3050 N. Alain Street Prairie View, IL 60069 Wednesday, December 4, 1996 @ 1:30 p.m. NOW COMES SHELL OIL COMPANY (the "Petitioner ") and represents it is the record owner of the following described real estate, to wit: That part of the northeast quarter of the southeast quarter of Section 30, Township 43 North, Range 11, East of the Third Principal Meridian, described as follows: Commencing at the intersection of the center line of Illinois Route 83 with the east line of said quarter quarter Section; thence south along the east quarter aforesaid, 338.24 feet; thence west at right angles to said east line, 520.00 feet; thence north parallel with the east line of said quarter quarter Section, 493.65 feet, more or less, to the center line of Route 83; thence southeasterly along the center line of said road, 542.73 feet to the place of beginning (except part dedicated by Doc. 1685014 and Doc. 2005279 and Case No. 91ED36 in the Circuit Court), in Lake County, Illinois. Said premises is now classified under the Lake County Zoning Ordinance as Countryside District and is presently vacant. Petitioner requests the property be rezoned to the Urban zoning district. Under the Countryside zoning classification, the petitioner is prohibited from installing and operating therein the' following uses, of which it is desirous: gasoline service station with a car wash including retail food sales and a restaurant with a drive -thru window. Petitioner feels its request parcel from Countryside to Urban is at a busy intersection which is adjoining corners. Additionally, comprehensive Framework Plan of Further, the following factors are property: for a rezoning of the subject justified as this property lies commercially developed on the the property is shown on the the County of Lake as Urban. met with regard to the subject 1. The character of the neighborhood is such that a commercial use on this corner is appropriate. This property is at the southwest corner of Route 83 and Arlington Heights Road. While the bordering properties are annexed to the Village of Buffalo Grove, on each corner there are commercial land uses. The northeast corner has a gas station along with various 1 retail establishments which are directly adjacent to and surrounded by multiple family residential developments. The southeast corner has numerous commercial retail business establishments as well as a day care center which are directly adjacent to single family residences. The northwest corner has a banking facility with a drive -thru with little development surrounding it. Adding a commercial use to the southwest corner would create consistency within the intersection. Urban zoning for the southwest corner would also provide consistency on a larger scale. Allowing the proposed rezoning would be consistent with the surrounding neighborhood, as the corner itself would be used commercially and would then be surrounded by multiple family residential developments in a manner similar to the development on the northeast and southeast corners of this intersection. Although the neighboring properties are in the Village of Buffalo Grove, their zoning classifications are similar to the classification proposed by this petition. The zoning for the intersection is as follows: Northwest Corner: Office and Research Northeast Corner: B -1 (Business District, Limited Retail) and B -3 (Planned Business Center District) Southeast Corner: B -3 (Planned Business Center District). The adjacent multi - family developments to the west and south are zoned R -9 (Multiple Family Dwelling District) in the Village of Buffalo Grove. 2. The attached appraisal shows the highest and best use of this property is commercial. Other uses would substantially diminish the value of the property to the owner. The appraisal also indicates there would be no reduction to the value of neighboring residences as a result of this land use. 3. While the appraisal indicates no reduction would occur to the value of the surrounding property, the health, safety, morals and general welfare of the public would be promoted by this rezoning. The proposed rezoning would provide the public with uses which are appropriate and in demand for the subject property. Further the tax revenues generated by the commercial use of this property would be more than revenues generated by this property were it to remain in the Countryside district. 4. There is no gain to the public to maintain this property in the Countryside zoning district. As discussed in paragraph 5, the property cannot be properly developed in the Countryside 2 'I . zoning district and leaving the property undeveloped serves no purpose. The hardship placed on the property owner is severe. The present land owner purchased the property at auction with its designation as Urban on the Framework Plan of Lake County. The current owner expected commercial development consistent with the other corner properties at this intersection. Since at least 1982 Lake County-has anticipated this property would be used for commercial purposes. The Lake County Framework Plan, adopted in 1982, showed the subject property in the Suburban zoning district. ' This classification continued until 1994 when the Framework Plan designation for the subject property was changed to Urban, a zoning district providing more intensive land uses. It is likely this reclassification is due to the growth of both the population and traffic volumes in this area in general, and, more specifically, at this intersection. The present Countryside zoning was only placed upon the property upon its disconnection from Long Grove in 1989. This disconnection resulted in placement of the property in the most restrictive zoning classification as a holding zoning district upon the disconnection by a•prior owner. 5. The property is not suitable for the uses in the Countryside zoning district. The large lots required in the Countryside district are inappropriate at a busy intersection and are not in keeping with the surrounding area. 6. This property has remained undeveloped for many years as the various developments have arisen around it. During the time this property has been zoned Countryside, several potential developments were proposed in the Village of Buffalo Grove, all of which have been commercial in nature. The trend of development at major intersections, such as this one, is for commercial uses, as is readily demonstrated by the remainder of this intersection. These other corners have a wide variety of land uses consistent with the proposed use, including uses such as restaurants, a convenience store, a gasoline station, banks, a butcher shop, a real estate office, a pet grooming operation, medical and dental offices and a dry cleaner. The gasoline station on the northeast corner was established in the 1970's and the eastern side of Arlington Heights Road has been commercially developed in the Village of Buffalo Grove for some time. The northwest corner has more recently been developed in Buffalo Grove after its disconnection from Long Grove with a commercial banking facility with drive -thru lanes. Finally, there have no proposals for developing the property for a use permitted in the Countryside zoning district in either Lake County or Buffalo Grove since its 3 disconnection in 1989. • 7. Lake County has carefully planned its land use development. Lake County has a proposed comprehensive "Framework Plan" which shows this parcel as Urban. The County conducts a thorough review of appropriate land use for various locations and has found the requested zoning to be appropriate for this location under its Framework Plan. This Framework Plan is well conceived and reconsidered from time to time, and, in fact, the designation has been changed for the subject property. In 1982 the less intensive Suburban district was shown on the Framework Plan. This classification remained for the subject property through a revision to the Framework Plan in 1987; but as this area of the County has continued to develop and the traffic volume on the adjoining roadways has increased, the framers felt the more intensive Framework plan designation of Urban was appropriate, and so altered the Framework Plan to reflect this growth. This is not done haphazardly or without forethought, but rather with care and consideration for the appropriate land uses. 8. There is a public need for the proposed use at this location. There is a gas station at the northeast corner of this intersection, however, the restricted access due to concrete medians on Route 83 make access difficult for those travelling eastbound on 83 and southbound on Arlington Heights Road. There are no other gasoline stations within 1.5 miles of the subject property. Additionally, there are no.drive -thru restaurants within a mile from this property, and no McDonald's restaurant within the Village of Buffalo Grove or the Village of Long Grove. All recent proposals for developing the property have been commercial, further demonstrating the need for a commercial zoning classification. Petitioner has read and is familiar with each of the standards for rezoning contained in the Lake County Zoning Ordinance and believes this request for rezoning does meet each and all of these standards in the following manner: The County of Lake's Framework Plan designates petitioner's property in the Urban zoning district as is requested in this rezoning application. The designation of Countryside was placed on the property upon its disconnection from the Village of Long Grove and is a holding zoning district for this property. Uses allowed in the Countryside zoning district are not appropriate at the intersection of two major thoroughfares such as this. The population densities in this area and traffic at the intersection make commercial zoning very appropriate for this location. Further, this corner has access to sanitary sewer service in both the right -of -way of Route 83 and Arlington Heights Road and significant population densities in the surrounding areas. This property, as is 4 • • designated in the comprehensive plan, is very well- suited and appropriate for the requested zoning. A "change in demand which significantly alters the assumptions of the Comprehensive Plan" has not occurred, and is not likely to occur in this area. Continued rapid growth in this area of Lake County should continue. The petitioner recognizes this and agrees with Lake County as to the proposed land use of this property. Petitioner merely asks the property be zoned in a manner consistent with the comprehensive Framework Plan. WHEREFORE, the petitioner prays that your Honorable Body, pursuant to its rules and regulations, will* hold a public hearing as provided by Statute, and as a result of said hearing, recommend to the County Board of this County, that the County Zoning Ordinance be so amended to modify the uses to which the above - described premises may be put by rezoning said premises from the present Countryside District to the Urban District in Lake County. In conformity with the rules governing such procedure, the required filing fee is herewith attached. Shell Oil Company, Petitioner By:, Michael P. Keintz Its: Area Real Estate Representative Physical Location of Property: Southwest corner of Route 83 and Arlington Heights Road and contains 3.74 acre parcel. Dated at e57 -4-, 1996. .- Illinois, this - 'l-day of 5 State of Illinois ) County of ) ss. 1 h ) I' ? a notary public in and for the County and State aforesaid, do hereby certify that x*** .�_.. , R1 , : ?- , personally known to me is the erson who executed the foregoing instrument bearing the date of . 1996, and appeared before me this day in person( nd acknowledged that he signed, sealed and delivered the same instrument for the uses and purposes therein set forth. Givgn under my hand and notarial seal this o2' rli day of 1996. My Commission Expires 6 "OFFICIAL SEAL' Debra L Olszowka Notary Fu_1;c, State of 111inois DuPa;: County My Commission Expires 3/17/99 CORPORATE DISCLOSURE Applicant is a corporation. Shell Oil Company is a publicly traded company, and no individual owns more than 20 percent of the corporate stock. SHELL OIL COMPANY BY: ITS : ,�a� ��„ �•.d agc,r Lake County, Illinois - Petition for Rezoning Shell oil Company - petitioner Property at the southwest corner of Route 83 and Arlington Heights Road. Uses of Property within 500 feet of Site - (Numbers correspond to street address numbers on adjoining page) Commercial Uses: 1300 Arlington Heights Road - Bank remainder of northwest quadrant of intersection - vacant and farm land 1250 Arlington Heights Road - real estate office 1248 Route 83 - gas station 1211 - 1219 Route 83 - Strip mall containing medical and dental offices 1165 - 1207 Route 83 - Strip mall containing comercial /retail tenants, including fast food establishment 1191 Route 83 - Bank 1171 - 1181 Route 83 strip mall containing commercial /retail tenants 1141 Arlington Heights Road - Child care center 1151 - 1165 Arlington Heights Road - Strip mall containing various commercial /retail tenants, including convenience mart, hair salon, butcher shop and florist. Single family residential uses: 1091, 1101, 1111 & 1121 Belmar; 1099 Aspen; 1165 - 1197 Alden. Multitile family residential uses l ownhomes /Condominiums): 1125 - 1198 Bristol Lane; 1101 - 1129 Fremont; 1145 - 1169 Fremont; 1316 - 1344 Fremont; 1002 - 1056 Fremont; 1205 - 1265 Franklin; 1201 - 1261 Bristol; and 1273 - 1297 Bristol; 1131 - 1166 Courtland.