2009-030 After recording mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove,IL 60089
6/2/2009
ORDINANCE NO.2009-30
AN ORDINANCE APPROVING A SPECIAL USE IN THE
B-3 PLANNED BUSINESS CENTER DISTRICT,
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES,ILLINOIS
Inter—Track Partners,LLC.
Inter—track wagering location (off—track betting)
Adam's Rib and Ale House
301 Milwaukee Avenue
WHEREAS, the Village of Buffalo Grove is a Horne 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 B-3 District; and,
WHEREAS, Cosmopolitan Bank and Trust Company as Trustee of Trust Number 30812
dated April 8, 1998 is the owner("Owner")of the Property; and,
WHEREAS, the Property is occupied by Adam's Rib and Ale House restaurant(formerly
Cy's Crab House);and,
WHEREAS, Inter—Track Partners, LLC. (hereinafter sometimes referred to as the
"Petitioner") as lessee of space within the building on the Property, and with consent of the
Owner, has petitioned the Village for approval of a special use in the B-3 District to operate an
inter—track wagering location(also known as off—track betting); and,
WHEREAS, Petitioner proposes to obtain a license from the Illinois Racing Board to
operate an inter—track wagering location within the restaurant building on the Property pursuant
to the following exhibits that are attached hereto and made a part hereof:
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EXHIBIT A Legal Description
EXHIBIT B Owner and Petitioner Acceptance and Agreement
EXHIBIT C Parking Lot Striping Plan
WHEREAS, notice of the public hearing concerning the petition for approval of the
special use was given and the public hearing was held on April 15, 2009 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:
I. The Petitioner intends to obtain a license from the Illinois Racing Board to
operate an inter—track wagering location (off—track betting facility) in a
portion of the restaurant building'on the Property.
2. The Petitioner presented testimony concerning compliance with the
criteria for a special use set forth in Section 17.28.040 of the Village
Zoning Ordinance. The majority of the Plan Commission members
determined that the Petitioner demonstrated compliance with said criteria.
3. The off—track betting facility will serve the public convenience and will
not be detrimental to the public health, safety,morals,comfort,or general
welfare.
4. The off—track betting facility will not impede, substantially hinder, or
discourage the development and use of adjoining properties. Approval of
the special use will not affect orderly development of the area because the
adjoining properties are business uses or properties approved for business
uses, and other adjacent properties will be not be adversely affected by the
off—track betting operation.
5. The off—track betting 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 facility
will be managed and maintained to be compatible with the adjacent
commercial uses.
5. The current restaurant and the proposed off—track betting facility on the
Property will have adequate utilities, road access, drainage, and other
necessary facilities.
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7. The Petitioner stated that all appropriate actions will be taken to ensure
that adequate parking is provided to serve the off—track betting facility.
Said actions will include provision for off—site parking as needed to
service certain special events.Petitioner affirmatively represented that the
off—track betting facility will not create any nuisances nor adversely
affect the current conditions on adjacent public streets and adjacent
properties 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 by .a vote of 6 "aye" to 2 "nay" recommended
approval of the special use for the proposed inter—track wagering location pursuant to the
exhibits and testimony presented at the public hearing; and,
WHEREAS, the President and Board of Trustees make the following findings and
determinations:
1. The Property is located within the Village's B-3 zoning district and is
currently occupied by a full—service restaurant with a Class A liquor
license issued by the Village to Cy's Crab House North,Inc. d/b/a Adam's
Rib and Ale House;
2. The proposed inter—track wagering location is an appropriate use of the
Property, and will not have detrimental impacts on adjacent properties;
3. Having considered the Plan Commission's recommendation based on the
evidence and testimony,the President and Board of Trustees of the Village
do hereby adopt the findings of the Plan Commission and determine that
approving the special use for the inter—track wagering location 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.
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Section 2. The Corporate Authorities hereby adopt a proper, valid and binding
ordinance approving a special use for an inter—track wagering location pursuant to Section
17.28.040 and Section 17.28.070. of the Buffalo Grove Zoning Ordinance and in accordance
with the Exhibits hereto for the Property legally described in EXHIBIT A attached hereto,
subject to the conditions set forth herein.
Section 3. Approval of the special use for Inter—Track Partners,LLC. to operate an
inter—track wagering location in the building on the Property is subject to
the following conditions:
-A. The Village shall be provided,, prior to issuance of a certificate of
occupancy to the Petitioner, a copy of the executed lease between the
Owner and the Petitioner concerning the inter—track wagering location to
be operated at the Property.
B. Inter—Track Partners, LLC., as operator of the inter—track wagering
location, shall obtain a license from the Illinois Racing Board prior
to initiating wagering activities at the Property. Said license shall be
maintained in good standing with the Illinois Racing Board.
C. The inter—track wagering operation shall be operated in conjunction with a
restaurant that prepares, sells and -dispenses food for consumption by
customers in the building on the Property.
-D. The inter-track wagering location shall be limited to pari-mutual system of
wagering as defined by Illinois state statute,230 ILCS 5/3.12.
E. The inter—track wagering location shall be limited to the first floor of the
restaurant building which will include two teller locations and multiple
automated wagering devices. One automated wagering machine shall be
allowed on the ground—level outdoor patio. Wagering is prohibited on the
second floor of the building and the second floor of the outdoor seating
area.
F. The hours of operation for Inter-Track Partners for inter-track wagering on
the Property shall be limited to:
11:00 AM to 10:45 PM, Sunday through Thursday;
11:00 AM to 12:15 AM the following day,Friday and Saturday.
G. The hours of operation for other activities on the Property, including but
not limited to restaurant operations, and sale and consumption of liquor
except those referenced in F.herein, shall be limited to:
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6:00 AM to 1:00 AM the following day,Monday through Thursday;
6:00 AM to 2:00 AM the following day,Friday and Saturday; and
9:00 AM to 1:00 AM the following day on Sunday.
H. Admission to the inter—track wagering location shall be limited to
customers twenty--one years of age or older, unless persons younger than
21 are accompanied by a parent or legal guardian.
I. Sale and consumption of liquor outside of the building shall be allowed
only on the ground level patio and second floor roof area, subject to
approval by the Village Liquor Control Commissioner, including
conditions imposed by the Village. -
J., ,.Inter—Track Partners, LLC. shall provide to the Village Chief of Police a
report pertaining to the background check for each person involved as a
manager of the wagering operation on the Property. Said report may be
conducted by the Illinois Racing Board or other approved organization as
determined by the Village Chief of Police.-
K. i. Inter—Track Partners, LLC. shall .submit . a plan for managing and
providing security for the inter-track.wagering location to the Village
Chief of Police, and Inter—Track Partners shall comply with requirements
and recommendations by,the Village Chief of Police concerning changes
to said plan. Said plan shall be submitted for Village review prior to
issuance of a certificate of occupancy to the Petitioner.
L. Access to the camera surveillance system for the inter—track wagering
location and any other part of the Property that is monitored by camera
surveillance, shall be provided to the Buffalo Grove Police Department,
including access by Internet protocol address. Police access to the cameras
monitoring the financial accounting room is not required.
M. The Village Chief of Police and Village Building Commissioner, or the
designees of said Village officials, shall have the right to enter any portion
of the building and Property, including the inter—track wagering location,
to determine if any and all activities at the Property are being conducted in
compliance with the rules and regulations set forth by the Village.
N. Special events on the Property shall be limited to activities pertaining to
the following four (4) special events per year: Kentucky Derby, Breeders
Cup, Preakness Stakes and Belmont Stakes. A permit application shall be
submitted to the Village no less than twenty-one (21) days prior to the
event. Buffalo Grove Police Department officers shall be hired to provide
security for said special events, unless the Village Chief of Police
authorizes the use of other security services and personnel.
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O. Inter—Track Partners, LLC. shall provide a plan for off—site parking to
accommodate special events. Said plan shall include specific details
concerning the operation of valet parking services, and specific analysis
concerning the maintenance of safe traffic flow on Milwaukee Avenue
adjacent to the Property. Valet parking is prohibited at any non-approved
area as determined by the Village. Parking on the Property or any
activities related to off—site parking shall not create traffic congestion or
other unsafe conditions on Milwaukee Avenue or adjacent public streets.
Said plan is subject to approval by the Village and shall be submitted at
the time of application for a special event permit.
P. A maximum of three satellite antennas are allowed on the Property, and
are limited to installation on the roof of the restaurant building. Installation
of said antennas is subject to review and approval by the Village Building
Commi$sioner.
Q. Outdoor live music and sound amplification devices,including but not
limited to televisions and broadcasts, are prohibited between 9:00 PM and
' `.00,AM local tune.
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R., The parking lot on the Property shall be re—striped in compliance with
applicable standards of the Village Zoning Ordinance and the Illinois
Accessibility Code. Said r"triping shall be done in accordance with 3'
plan provided to the Village, and saidplan is subject to Village approval.
Said re=-striping shall be comb leted to the Village's satisfaction prior to
issuance of a certificate of occupancy to the Petitioner.
S. The parking lot re—striping plan shall include the delineation of fire lanes
on the Property as designated and approved by the Village Fire Marshal.
Said fire lanes shall be designated on the Property, including signs as
required by the Fire Marshal, prior to issuance of a certificate of
occupancy to the Petitioner.
T. Owner shall obtain the required permit from the Village to install an
enclosure for the garbage, refuse and grease receptacles serving the
Property. Said enclosure shall be in accordance with Village regulations
and is subject to review and approval by the Village. Said enclosure shall
be installed by October 31, 2009.
U. All signs on the Property, existing and proposed, are subject to the
regulations of the Village Sign Code. The billboard on the Property is
limited to advertising activities on the Property.
V. Owner shall submit a plan for outdoor lighting on the Property. Said plan
is subject to review and approval by the Village. Improvements to the
outdoor lighting on the Property as set forth on said lighting plan shall be
completed to the Village's satisfaction by October 31,2009.
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W. Owner shall submit a plan to enhance landscaping on the Property. The
removal or addition of any trees or shrubs is subject to approval by the
Village Forester. Said landscaping enhancements as approved by the
Village shall be completed by October 31,2009.
X. Owner shall evaluate the east and south sides of the building and adjacent
yard areas, including walls, roof areas, mechanical equipment and
landscaping, and determine the improvements that will be undertaken to
enhance these portions of the Property.
Y. The Owner shall remove the billboard on the Property within one year of
the effective date of this ordinance.
Z. Any change in the ownership of the Petitioner or the Owner, including but
not by way of limitation, the members of the limited liability companies
thereof shall require the approval of the Village, which approval shall not
be unreasonably withheld.
AA.. The Petitioner shall comply with the regulations set forth in the Village of `
Buffalo Grove Municipal Code. The Owner shall comply with the
y r regulations set, forth in the Village of Buffalo Grove Municipal Code,,
including but not limited to Chapter 5.20,Liquor'Controls, as well as State
r of Illinois liquor control-and management requirements.
BB. Any material violation of the terms of this Ordinance, as determined by .
the Village, shall be cause for the Village to seek correction of any such
violation, including but not limited to the revocation of the special use
granted herein,in the Village's sole discretion.
Section 4. This Ordinance allows the Inter—Track Partners, LLC. wagering location
as set forth herein. Any other use of the Property, other than the current restaurant
operation, is subject to approval by the Village in its sole discretion.
Section 5. The special use granted by this Ordinance is limited to Inter—Track
Partners, LLC. as licensee of the inter—track wagering location and Owner as owner and
operator of Adam's Rib and Ale House, and.is not transferable with the ownership or real
estate title of the Property.
This special use may not be transferred or bequeathed to any other entity or party without
prior written approval by the Village. Any sale, transfer or bequest of this special use by
Inter—Track Partners, LLC. or Owner shall immediately terminate the special use.
In the event that the Illinois Racing Board does not grant a license to Inter—Track
Partners, LLC. to operate an inter—track wagering location, the Village shall terminate
this special use.
S
Revocation or termination of the license issued by the Illinois Racing Board shall be
cause for the Village to terminate the special use.
Section 6. This Ordinance shall be in full force and effect from and after its passage
and approval, subject to execution by the Owner and Petitioner of the Acceptance and
Agreement attached hereto as Exhibit B, 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.
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AYES: 4—Braiman, Glover,Berman,Trilling
NAYS: 2— Stone Sussman
ABSENT: 0-None
PASSED: ^June 1,2009
APPROVED: June 1 2009
ATTEST:
Village Clerk Elliott Hartstein,Village President
This document was prepared by:
Robert E.Pfeil,Village Planner Mail to: Village Clerk
Village of Buffalo Grove Village of Buffalo Grove ,
50 Raupp Boulevard 50 Raupp Boulevard
Buffalo Grove,IL 60089 Buffalo Grove,IL 60089
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EXHIBIT A
Adam's Rib&Ale House restaurant
301 Milwaukee Avenue
SUBJECT PROPERTY LEGAL DESCRIPTION:
Lots 1,2,3,4 and 5,except the southerly 15 feet of Lot 5,in Block 2 in Unit No.2 of Columbian
Gardens, being a subdivision in Section 35, Township 43 North, Range 11 East, of the Third
Principal Meridian, according to the plat thereof recorded July 10, 1926 as Document 282352,in
Book"P" of plats,page 92, in Lake County, Illinois; and, that part of Milwaukee Avenue lying
westerly of and adjacent to Lots 1,2, 3,4 and 5, except the southerly 15 feet of Lot 5,in Block 2
in Unit No. 2 of Columbian Gardens aforesaid, and lying southerly of the northerly line of said
Lot 1 extended westerly,all in Lake County,Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: Adam's Rib&Ale House,301 Milwaukee
Avenue,Buffalo Grove,Illinois.
15-35-301-001
15-35-301-002
15-35-301--003
15-35-301-004
15-35-301--005
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EX1M1T B
ACCEPTANCE AND AGREEMENT
The undersigned, Inter-track Partners,LLC, an Illinois limited liability company, as lessee of the
Property described in the within and foregoing Ordinance No. 2009-30, and t smopolitan Bank
and Trust Tpo Trust Agreement dated April 8, 1998, known as Trust
Number 3081 as owner o e roperty, do hereby accept and agree to abide by the provisions,
requirements, and conditions contained within and required by said Ordinance and does hereby
acknowledge that the fulfillment of such provisions, requirements, and conditions is essential to
the grant and continuance of the special uses allowed therein and that but for the imposition of
such provisions,requirements,and conditions,the special uses would not have been granted.
The commitment herein made by the undersigned shall be enforceable by the Village of Buffalo
Grove, Illinois, in a court of law or in equity in addition to any and all other remedies available'
to the Village to secure compliance with the provisions, requirement, and conditions agreed to
herein.
INTER-TRACK PARTNERS,LLC
By: 0-. 1 LOMdjC6U.
O"M SEAL Print ame&title
EMIL I
noTiutr aueuc-STATE St�7F of iuwots
MY OOMMSSIM E)MES.AMOM3-------------------
VSie
SUBSCRIBED AND SWORN TO
before me this 16 day of3`ul 2009.
C
Notary Public
* COSMOPOLITAN BANK AND TRUST
COMPANY AS TRUSTEE OF TRUST
NUMBER 30812,DATED APRIL 8,
1998. AAND NOT PERSONALLY
PRESI&%j%% A&jff AITAW
BY:HSRETO WHICH IS EXPRESSLY INCORPORATED
TRUST OFFICER MEIN AM MADE A PART HEREOF.
SUBSCRIBED AND SWORN TO
before me this_day of ,2009
Notary Public
*for TRION b
pp�BN�k A�1fud
This AN ORDINANCE APPROVING A SPECIAL USE IN THE B-3 PLANNED
BUSINESS CENTER DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND
LAKE COUNTIES, ILLINOIS is executed by PARK NATIONAL BANK, not
personally, but solely as Trustee, in exercise of the power and authority conferred upon
and vested in it as such Trustee. All the terms, provisions, stipulations, covenants and
conditions to be performed by PARK NATIONAL BANK are undertaken by it solely
as Trustee, as aforesaid, and not individually, and all statements herein made are made
on information and belief and are to be construed accordingly, and no personal liability
shall be asserted or be enforceable against PARK NATIONAL BANK by reason of
any.of the terms, provisions, stipulations, covenants, conditions, and/or statements
contained in this instrument.
IN WITNESS WHEREOF, PARK NATIONAL BANK,not personally,but as Trustee
as aforesaid,-has caused these presents to be signed.by its Trust Officer and Land ,
Trust Administrator this 13`h day of July
PARK NATIONAL BANK, AS SUCCESSOR TRUSTEE to
COSMOPOLITAN BANK AND TRUST,
AS TRUSTEE AS AFORESAID AND NOT PERSONALLY. ,.
ATTEST: BY:
G
Land Trust Administrator Tru ce J s S. Galco
-Danielle McKinley
Subscribed and Sworn to before me
This 13`h day of July ,2009.
z - "OFFICIAL SEAL°
Vivian A..Milon
Notary public,State of Illinois
My Commission Exp.0 05/2010
Notary Public