Project Update
The issue of 24 hour operations was raised during the recent Village Board meeting on November 7th, 2016, relative to the proposed Marathon Gas Station redevelopment at the above referenced address. On November 14th, the Village received a copy of the Fuel Dealer Agreement and a copy of BP Supply Agreement from the petitioner.
The Legal Department has analyzed both documents and notes the following:
1. The Fuel Dealer Agreement affirms that the petitioner has agreed to 24/7 operations “according to the preferred method of operation”.
2. The BP Supply Agreement appears to allow for modifications to proposed hours of operation, provided that the petitioner obtains approval from the Regional Sales Manager at BP.
The petitioner has maintained his desire for 24 hour operations and has offered the following relative to his request:
1. Over one million dollars will be spent on the renovations of the building and property.
2. The residents who oppose the 24 hour operations do not directly abut the subject property.
3. The resident who lives in the home directly abutting the subject property (to the rear) is not opposing the 24 hour operations.
4. The petitioner does not believe that 24 hour operations at the gas station will create undue noise or disturb the neighboring residents.
5. The petitioner alleges that the previous property owner owed a significant amount of money in unpaid property taxes and believes that their lack of 24 hour operations contributed to the fact that they could not earn sufficient profit to pay their property taxes (the previous owner was open for 8 hours per day).
6. The Marathon Gas Station located at 102 W. Northwest Highway within the Village of Arlington Heights is open 24 hours and is adjacent to residential dwellings.
7. The ability to operate 24 hours a day is necessary to stay in business, and redevelopment of the gas station would not be viable without the ability to be open for 24 hours a day, seven days a week.
In efforts to address neighbor concerns, staff has asked the petitioner to consider hours of operation between 5 a.m. – 12:00 a.m. The petitioner has requested consideration by the Board to maintain 24 hour operations.
Plan Commission Recommendation
A public hearing was held by the Plan Commission on October 26, 2016 where Commissioner Warskow moved and Commissioner Green seconded:
A motion to recommend approval to the Village Board of Trustees of PC#16-016, a Special Use to allow an Auto Service Station with Convenience Mart within the B-2 District; A variation from Section 11.2-8 to reduce the minimum width of drive aisles to 17’ where code requires 24’ in width; and A variation from Section 6.15-1.2(b) to waive the requirement for landscape islands at the ends of all parking rows.
This approval is subject to the following conditions:
1. The subject property owner must remove and sod the 10’ alley and alley approach and restore the parkway and add curb in the area at a future date, upon request of the Village.
2. Prior to issuance of a building permit, the petitioner must submit a photometric plan for review and approval by the Village.
3. Prior to issuance of a certificate of occupancy, the petitioner must provide verification of compliance with all State Fire Marshal requirements.
4. As part of the building permit submittal, the petitioner should submit engineering plans showing the existing grade on the site and the proposed drainage patterns for review and approval by the Village.
5. As part of the building permit submittal, the petitioner should submit a revised fire truck turn exhibit for review and approval by the Village.
6. The petitioner shall revise the landscaping to comply with comments 1 thru 5 on the landscape review letter dated 10-21-16.
7. Dumpster enclosure shall be constructed of masonry material to match the building.
8. The curbs on the subject property shall be revised as per Exhibit I.
9. Compliance with all Design Commission conditions.
10. The petitioner shall comply with all applicable federal, state and local codes, regulations and policies.
Roll Call Vote: Commissioners Cherwin, Drost, Green, Jensen, Sigalos, Warskow and Acting Chairman Ennes voted in favor. Motion carried.