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2003-0264/7/2003 ORDINANCE NO. 2003 - 26 AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Chicago Indoor Racing 301 Hastings Drive WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property legally described in EXHIBIT A ( "Property ") attached hereto is zoned in the Industrial District; and, WHEREAS, Chevy Chase Business Park Limited Partnership, an Illinois Limited partnership, is the Owner of the Property; and, WHEREAS, Chicago Indoor Racing, L.L.C., a Delaware limited liability company, (hereinafter sometimes referred to as the "Petitioner ") as sublessee of the Property and with consent of the Owner, has petitioned the Village for approval of a special use in the Industrial District to operate a recreational facility consisting of indoor kart racing with accessory uses including a pro shop, food and beverage service areas, auxiliary entertainment areas for billiards and coin - operated amusement devices, and a special function room (the "Facility "); and, WHEREAS, Chicago Indoor Racing proposes to modify the Property for development of the Facility pursuant to the following exhibits that are attached hereto and made a part hereof 2 EXHIBIT A Legal Description GROUP EXHIBIT B Project Binder submitted with cover letter dated March 10, 2003 from Georges Brown, including Tabs A through M EXHIBIT C Site Plan dated as last revised April 1, 2003 by Griskelis, Young, Harrell EXHIBIT D Petitioner Acceptance and Agreement WHEREAS, notice of the public hearing concerning the petition for approval of the special use was given and the public hearing was held on March 5, 2003 by the Buffalo Grove Plan Commission; and, WHEREAS, based on the testimony and evidence presented at the public hearing, the Plan Commission made the following findings: 1. The Petitioner intends to operate the Facility within the building on the Property. The Facility will be used principally for indoor kart racing, which activity will be complemented by accessory food and beverage services, as well as billiards and various coin - operated amusement devices. The Petitioner anticipates that it will typically cater to corporate events, private group events, competitive league participants, "arrive and drive" customers, and participants in specially designed junior programs. 2. The Petitioner presented a proposed site plan for the Property, preliminary floor plans for the Building, and schematics of the exterior entrance and interior lobby and entry areas, which site plan, floor plans, and schematic interior perspectives are attached to this Ordinance as Tabs F, G, J, K, L and M of Group Exhibit B. Said plans and drawings depict the kart racing track area, training and locker room areas, a pro shop, office, and reception areas on the first floor; on the mezzanine (second floor) is the food and beverage service area, auxiliary entertainment areas for billiards and coin - operated amusement devices, a special function room, and a viewing deck. 3. The Petitioner presented a detailed plan for the operation and management of the Facility, which plan incorporated numerous safety features, including compliance with all applicable state and federal standards, an emphasis on racing rules and safety, a "zero tolerance" alcohol policy for 3 kart racers, and restrictions on the use of the Facility by persons under 21 years of age. 4. The Facility will serve the public convenience by providing new recreational venues for the Village and the region. In addition, because the operations of the Facility will be indoors at times that do not conflict with the high -demand periods of neighboring properties, the Facility will not be detrimental to the public health, safety, morals, comfort, or general welfare. 5. The approval of the special use will be in harmony with the appropriate and orderly development of the "I" District because the Facility will operate from the existing `building that was developed in accordance with the "I" District zoning regulations, and because the use of the Facility will generally not conflict with the hours of operation of surrounding properties. 6. The Facility will not be injurious to the use and enjoyment of properties in the immediate vicinity nor will it substantially diminish or impair the valuations of nearby properties because the exterior of the building and the Property will remain virtually unchanged by the special use, and the use of the Facility will complement rather than compete or conflict with the existing use patterns in the neighborhood. 7. The Facility will not :npede, substantially hinder, or discourage the development and use of�joining properties in the "I" District, especially in light of the fact that the Property is already developed in conformity with the "I" District regulations. In addition, because the proposed activities in the Facility will generate sales taxes, it will help the Village minimize increases in real property taxes on neighboring properties and throughout the Village. The Facility will continue to have adequate utilities, road access, drainage, and other necessary facilities. 9. The Facility will provide sufficient parking areas on the Property, and therefore will not create any nuisances nor adversely affect the current conditions regarding traffic safety and congestion. WHEREAS, after closing the public . hearing, and then considering the testimony and other evidence presented at the hearing, the Plan Commission determined that the criteria for a special use as set forth in Section 17.28.040 of the Village's Zoning Ordinance have been met and development of the Property as proposed would be compatible with adjacent properties; and, WHEREAS, the Plan Commission unanimously recommended the approval of a special use for the proposed indoor kart racing Facility with specified accessory uses on the Property; and, M WHEREAS, the President and Board of Trustees make the following findings and determinations: 1. Chicago Indoor Racing L.L.C., a limited liability company has petitioned the Village to approve a special use for a "recreation Facility" at the Property in order to operate an indoor kart racing Facility. 2. The Property is located within the Village's "I" Industrial zoning district and is currently improved with a building of approximately 83,342 square feet, including a two -story office area of approximately 22,326 square feet. Prior to the filing of this petition, the Property had been developed and used in conformity with the "I" District regulations. 3. Having considered the Plan Commission's recommendation based on the evidence and testimony, the President and Board of Trustees of the Village have determined that granting a special use for the Facility on the Property, subject to the terms and conditions of this Ordinance, is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance, Development Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving a special use for a recreational Facility including indoor kart racing with specified accessory uses, pursuant to Section 17.48.020.C.6. of the Buffalo Grove Zoning Ordinance and pursuant to Group Exhibit B and Exhibit C attached hereto for the Property legally described in EXHIBIT A attached hereto, subject to the conditions set forth herein. Section 3. The special use is subject to the following conditions: A. Use. The Facility shall operate as an indoor kart racing Facility with accessory billiards and coin - operated amusement devices, food and 1 5 beverage services, meeting and function facilities, pro shop, and other administrative and support activities. No live entertainment shall be conducted at the Facility without the prior express written approval of the Village Board. The Village Board hereby finds that the use of the Facility in accordance with the requirements of this Ordinance, will not impede, diminish or discourage the development and use of adjoining property. B. Remodeling Lof the Building. The Petitioner shall be authorized to remodel the building to accommodate the Facility in accordance with the plans included as Tabs to Group Exhibit B to this Ordinance. All construction affecting the building shall be consistent with all applicable federal and state laws and regulations, and shall be in compliance with the Village's Building and Life - safety codes. C. Site Alterations. The Petitioner shall be authorized to modify the exterior of the Property in accordance with the site plan set forth in Exhibit C to this Ordinance. Prior to the commencement of operations of the Facility, the Petitioner shall modify the parking lot on the Property to provide for not less than 160 spaces. The final layout for the parking lot shall be subject to the approval of the Village Manager (or the Manager's designee) and shall comply with all Village requirements. D. Signal. The Petitioner shall be required to seek approval of specific signage for the Facility in accordance with applicable Village requirements and procedures. E. Ventilation. The Facility shall be improved with an air system that will meet applicable state and federal environmental and OSHA standards, as well as applicable Village Code requirements. F. Liquor License. The Petitioner shall be authorized to seek a liquor license from the Village for the Facility. In the event that the Petitioner secures such liquor license, the Petitioner shall comply with all requirements of the Village's liquor control regulations, as well as each of the following additional conditions: 1. No alcoholic beverages shall be permitted except on the mezzanine (second floor) of the Facility. 2. The Petitioner shall maintain a "zero tolerance" policy with respect to customers desiring to participate in racing activities at the Facility. Such policy shall include: (a) banding all racing participants upon entering the Facility, (b) removing the band from any customer who purchases or consumes any alcoholic beverage within the Facility; and (c) restricting operation of the karts to customers who are banded. M 3. The Petitioner shall impose age restrictions for patrons at the Facility as follows: (a). Persons under the age of 18 years shall not be permitted to enter the Facility unless accompanied by a parent or guardian; (b). No person under 18 years of age will be allowed to enter the Facility after 8:00 PM.; (c). Persons under 21 years of age shall not be permitted on the second floor of the Facility after 10:00 PM. G. Pre -Race Training and Protective Gear. The Petitioner shall require that all prospective participants in the kart racing first undergo a basic training session regarding the equipment and rules for kart racing. Any prospective participant who does not possess a valid driver's license will be required to undergo additional classroom training and pass a practical test to establish his or her competence to race. No person under 18 years of age shall be permitted to race unless a parent or guardian signs appropriate consent documents. In addition, the Petitioner shall require all participants in the kart racing to wear at least protective head and neck gear. H. Fuelling of Karts. The Petitioner shall present its procedures for fuelling the karts at the Facility to the Fire Chief of the Village for review and approval prior to commencement of operations of the Facility. All fuelling activities shall comply with such approved procedures. I. Coin - Operated Amusement Devices. The Petitioner shall be authorized to operate up to 36 coin - operated amusement devices (in addition to billiard tables), pursuant to the provisions of Chapter 5.12 of the Buffalo Grove Municipal Code. All coin - operated amusement devices shall be located within the area generally depicted on the Plans as "Open Gaming Area" on the second floor of the building, and a maximum of 75 players shall be allowed to occupy said area at a single time. Coin - operated amusement devices for which "redemption awards" are available shall be based on the skill of the player. Redemption awards for a single -play of the device shall not exceed seven (7) times the cost charged for a single play of the coin - operated amusement device. Only merchandise prizes may be redeemed by redemption awards. No redemption awards shall be available from games of chance. No coin "pusher" games shall be allowed in the Facility. Coin - operated amusement devices shall not be the primary business use on the Property but shall be a secondary and ancillary use to the primary use of indoor kart racing. J. Hours of Operation. Hours of operation for the Facility shall be: Monday — Wednesday: 8:30 AM to 10:00 PM 7 Thursday: 8:30 AM to 11:00 PM Friday — Saturday: 8:30 AM to 12:00 AM Sunday: 8:30 AM to 10:00 PM Because of the specific location and use of the Property, as approved by this Ordinance, and the fact that its activities will be conducted indoors, such hours of operation of the Facility do not conflict with the high demand periods of neighboring properties by creating noise disturbances or traffic congestion. K. Operation, Management and Security Plan. The Petitioner shall be responsible for providing adequate security at all times on the Property. The Petitioner shall provide a management plan to the Village concerning the operation, management and security for the Facility, and said plan is subject to Village approval prior to issuance of a certificate of occupancy. L. Insurance. The Petitioner shall maintain comprehensive general liability coverage at all times extending to the kart racing and other activities conducted within the Facility. Said insurance shall have limits of not less than $2,000,000.00 per occurrence and $2,000,000.00 aggregate, plus an umbrella policy in an amount of not less than $5,000,000.00. The Petitioner shall maintain on file with the Village a current certificate of such insurance. M. Fencing. The chain -link fence around the fuel storage tank depicted on Exhibit C shall be replaced by board -on -board fencing as approved by the Village. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval, subject to the Petitioner's execution of the Acceptance and Agreement attached hereto as Exhibit D, incorporated herein and made a part hereof and the filing of said Agreement and Consent Form with the Village. This Ordinance shall not be codified. AYES: 6 — Braiman, Glover, Berman, Johnson, Kahn, Trilling NAYS: - 0 — None ABSENT: 0 — None PASSED: April 7, 2003 APPROVED: April 7, 2003 Elliott Hartstein, Village President ATTEST: Village Clerk This document was prepared by: Robert E. Pfeil, Village Planner Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 9 EXHIBIT A LEGAL DESCRIPTION Chicago Indoor Racing 301 Hastings Drive Lot 4 in Chevy Chase Business Park -West Resubdivision being a part of Columbian Gardens Unit No. 4, in part of the Southeast 1/4 and the East 1/2 of the Southwest 1/4 of Section 34, Township 43 North, Range 11, East of the Third Principal Meridian, according to the Plat of said Chevy Chase Business Park -West Resubdivision, recorded April 13, 1989 as Document No. 2793188 in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 301 Hastings Drive, Buffalo Grove, IL PIN: 15 -34- 315 -017 10 EXHIBIT D Chicago Indoor Racing 301 Hastings Drive Petitioner Acceptance and Agreement concerning special use ordinance Chicago Indoor Racing, L.L.C. does hereby accept and agrees to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2003 -26 duly passed and approved by the Village of Buffalo Grove, IL granting the special use set forth in said Ordinance. The undersigned acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2003 -26, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. Chicago Indoor Racing, L.L.C. By:_ Its Owner By: _ WITNESS: