1996-5711/27/96
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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
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isolated area of Urban zoning by Lake County.
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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.
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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
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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
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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
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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
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disconnection in 1989.
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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
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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.
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Illinois, this - 'l-day of
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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
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"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.