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Thread: No 5 Corners Gas Station

  1. #31
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  2. #32
    Daily Herald
    Developers drop Glen Ellyn gas station project after neighbors win legal fight

    Katlyn Smith
    Developers have dropped plans for a Glen Ellyn gas station in the wake of a court loss. Courtesy of the village of Glen Ellyn
    Developers on the losing end of a two-year legal fight over a Glen Ellyn gas station have decided to walk away from the project.


    DuPage County Judge Bonnie Wheaton ruled last Friday in favor of neighbors who filed a lawsuit against the village and True North Energy to prevent construction of a gas station and a convenience store at the Five Corners intersection.

    Nearly a week later, village officials announced Thursday that they will not challenge the judge's ruling even though they disagree with it.

    "After analyzing legal and practical facets relating to an appeal of this case, True North has decided not to proceed with their $3.8 million investment," the village's statement read. "Given that the developer is no longer willing to pursue their project, the village will take no further action to overturn the court's decision."

    Developers secured a village special-use permit to build the 12-pump station 300 feet from Forest Glen Elementary School on three parcels the village purchased in 2010 from a bankruptcy estate at the southeast corner of the intersection of Main Street, Geneva Road and St. Charles Road.

    In her ruling, Wheaton rebuked the village for what she described as a lack of evidence about the effects of the gas station on nearby property values and the 600 students who attend Forest Glen. Attorneys for the neighbors noted traffic consultants hired by developers failed to include the intersection of Main and Elm streets near Forest Glen in their study.

    "Surely the health and safety of 600 children is worthy of at least cursory consideration by the village board," Wheaton wrote. "The testimony as to the need for the subject use, the promotion of public health, safety and welfare and the relative gain to the public was largely self-serving and cursory at best."

    Wheaton also noted that the proposed use of the property is allowed under the village's zoning classification for the long-dormant site.

    "It may well be that a future village board, after receiving appropriate evidence and testimony, will decide that a gas station and convenience store meets all the LaSalle factors," wrote Wheaton, referring to criteria that municipalities "must take into consideration in granting or rejecting a proposed special use."

    Officials have maintained the village board approved the permit authorizing the development "while acting in the best interest of the village as a whole." But Wheaton ruled the approvals were "arbitrary" and "capricious."

    The village paid $590,000 in September 2010 to buy the property where a smaller, dilapidated gas station had closed in 2003. To spark redevelopment, the village demolished the former station.

    In 2012 and 2014, the village put out a request for proposals from developers. Then in June 2015, the village rejected a "perfectly good offer" of $500,000 from Glen Ellyn Swimming LLC, which wanted to build a swim school on the property, according to documents filed by attorneys representing neighbors.

    In August 2015, True North made the exact same $500,000 offer.

    Planning and Development Director Staci Springer testified during the trial that the village rejected the swim school offer due to "limitations placed on the property by the Illinois Environmental Protection Agency," according to Wheaton's ruling. But a memo she co-authored stated the swim school "did not meet the village board's vision for a strong retail use at the site and was rejected."

    "The village marketed the property for many years and only received viable concepts from convenience store/gas station developers, which the village board believed created the greatest public benefit in terms of private investment, further site clean up, and revenue generation," the village's statement read Thursday.

    In January 2018, the board authorized Village Manager Mark Franz to prepare a letter to True North reflecting an agreement to refund the purchase price of $630,000 if neighbors prevailed.

    By agreement, the village will have to buy the property back at approximately $630,000, Franz said in a follow-up email Thursday.

  3. #33
    Quote Originally Posted by Stephen View Post
    Pretty amazing to go back and read this thread and see how many people called out the issues from very early on.
    It's been almost exactly two years to the day since that final vote was cast.
    I'm so grateful it is over. Thanks for following it all, and for everyone's input and perspective.
    Onward and upward!

  4. #34
    Administrator Clamato's Avatar
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    Quote Originally Posted by Diana Martinez View Post
    Pretty amazing to go back and read this thread and see how many people called out the issues from very early on.
    It's been almost exactly two years to the day since that final vote was cast.
    I'm so grateful it is over. Thanks for following it all, and for everyone's input and perspective.
    Onward and upward!
    I liked your magazine cover. You have become Glen Ellyn's "it" girl.

  5. #35
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    Congratulations to Protect Glen Ellyn and all of the residents who supported this effort! My faith in local government is slowly being restored. I sincerely hope that the village board will work together with the residents to mutually agree on a suitable use for this property and other developments in the future. Please listen to the constituents!

    Is it too difficult to ask for commercial development that doesn't spark protest from residents? It's ok to do nothing sometimes!!!

  6. #36
    Forum All Star jombl's Avatar
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    One plan from 'this century' had the old gas station slated to become a park in conjunction with the Stacy historic center being developed for schoolchildren field trips and afternoon teas, etc.

    Only killed by the world recession of '08, it was an $8M formal project stretching from Forest Glen to 5 Corners along the entire west side of Main Street and the across to include the gas station and woodlands.

    It was a great idea, and the project had significant donors (including the private donation of the streetlights and brick sidewalks), it would still make for the one of the best uses of the historic Village entranceway and area adjacent to a school.

  7. #37
    Administrator Clamato's Avatar
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    Quote Originally Posted by tomjefferson View Post
    Is it too difficult to ask for commercial development that doesn't spark protest from residents?
    Lol! Like that is possible in Glen Ellyn! It's like asking a president who proclaimed that "all men are created equal" and repeatedly referred to slavery as "moral depravity" and a "hideous blot" not to own slaves . . . yet he ends up enslaving over 600 in his lifetime.

    BTW, as a Glen Ellyn resident, what would you like to see at that corner . . . something will end up there . . . that will not spark a small amount of outrage from someone?

  8. #38
    Forum Hall of Famer DTM's Avatar
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    Quote Originally Posted by jombl View Post
    One plan from 'this century' had the old gas station slated to become a park in conjunction with the Stacy historic center being developed for schoolchildren field trips and afternoon teas, etc.

    Only killed by the world recession of '08, it was an $8M formal project stretching from Forest Glen to 5 Corners along the entire west side of Main Street and the across to include the gas station and woodlands.

    It was a great idea, and the project had significant donors (including the private donation of the streetlights and brick sidewalks), it would still make for the one of the best uses of the historic Village entranceway and area adjacent to a school.
    Which I'm sure a couple years later would have to be bailed out by the village just like Stacy's corners was.

  9. #39
    Forum All Star middlein87's Avatar
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    Quote Originally Posted by tomjefferson View Post

    Is it too difficult to ask for commercial development that doesn't spark protest from residents? It's ok to do nothing sometimes!!!
    Can anyone recall any recently proposed commercial development that hasn't sparked protests?


    Maybe the Panera/CVS?

  10. #40
    Nobel House and sushi?

  11. #41
    Forum Hall of Famer DTM's Avatar
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    Quote Originally Posted by middlein87 View Post
    Can anyone recall any recently proposed commercial development that hasn't sparked protests?


    Maybe the Panera/CVS?
    two hounds?

  12. #42
    Forum All Star Yossarian's Avatar
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    Quote Originally Posted by DTM View Post
    two hounds?
    I believe there was some heartburn over the money the city gave them

  13. #43
    Forum All Star middlein87's Avatar
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    Quote Originally Posted by middlein87 View Post
    Can anyone recall any recently proposed commercial development that hasn't sparked protests?


    Maybe the Panera/CVS?
    Sorry, I meant actual construction projects - not just re-modeling an existing building.

  14. #44
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    Quote Originally Posted by Clamato View Post
    Lol! Like that is possible in Glen Ellyn! It's like asking a president who proclaimed that "all men are created equal" and repeatedly referred to slavery as "moral depravity" and a "hideous blot" not to own slaves . . . yet he ends up enslaving over 600 in his lifetime.

    BTW, as a Glen Ellyn resident, what would you like to see at that corner . . . something will end up there . . . that will not spark a small amount of outrage from someone?
    Lol, I totally get the jokes that any commercial development is getting pushback. Some of the other users pointed out good recent examples that haven’t received much. A simple rule of thumb:

    Is anyone potentially being harmed by the development? Physically harmed, loss of revenue or property value? If so, then stop right there. Period. Greater good of the village excuse is unacceptable.

    What would I like there? As long as it meets the above criteria, I don’t really care. This villiage will not live or die by whatever goes there. The kids swim school that was turned down seemed pretty benign. Coffee shop, sandwich shop. ice cream shop? Mirroring the whatever is across the street next to the cleaners would be nice. This can’t be that hard.

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