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2011-003 After recording mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 12/23/2010 ORDINANCE NO. 2011 - ..3— AN ORDINANCE APPROVING THE SECOND AMENDMENT TO THE SPECIAL USE IN THE B-3 PLANNED BUSINESS CENTER DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Hawthorne Race Course, Inc. Inter—track wagering location (off—track betting) Adam's Roadhouse Sports Bar & Grill 301 Milwaukee Avenue 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 B-3 District and is commonly known as 301 Milwaukee Avenue; and, WHEREAS, Northstar Trust Company as Successor Trustee to US Bank as Successor to Park National Bank, as Successor Trustee to Cosmopolitan Bank and Trust Company, as Trustee of Trust Number 30812 dated April 8, 1998 is the owner ("Owner") of the Property; and, WHEREAS, Cy's Crab House North, Inc., an Illinois corporation (d/b/a Adam's Roadhouse Sports Bar & Grill. LTD; formerly Adam's Rib & Ale House, LTD, and also Cy's Crab House) (hereinafter sometimes referred to as "Adam's Roadhouse") is the beneficiary of the Owner; and WHEREAS, the Property is occupied by Adam's Roadhouse and OTB (formerly Cy's Crab House and Adam's Rib and Ale House restaurant); and WHEREAS, Village Ordinance No. 2009-30, approved on June 2, 2010, allowed Inter— Track Partners, LLC. to manage an inter-track wagering operation on the Property; and WHEREAS, Village Ordinance No. 2010-32 amended Section 3.Y. of Village Ordinance No. 2009-30 to require the Owner to remove the billboard on the Property no later than December 1, 2010; and WHEREAS, the members of Inter-Track Partners, LLC. were Hawthorne Race Course, 2 Inc.,Balmoral Racing Club, Inc. and Maywood Park Trotting Association, Inc.; and WHEREAS, Balmoral Racing Club, Inc. was granted an Inter-Track Wagering Location License by the Illinois Racing Board to conduct simulcast wagering on the Property, which License expired on December 31, 2010; and WHEREAS, Hawthorne Race Course, Inc. ("Hawthorne") has acquired the assets of Inter-Track Partners, LLC.; and WHEREAS, Hawthorne Race Course, Inc. was granted an Inter-Track Wagering Location License (also known as off-track betting) by the Illinois Racing Board to conduct simulcast wagering on the Property as of January 1, 2011; and WHEREAS, the following exhibits are attached hereto and made a part hereof: EXHIBIT A Legal Description of the Property EXHIBIT B Owner and Hawthorne Acceptance and Agreement EXHIBIT C Illinois Racing Board License for Hawthorne Race Course, Inc. for the Property WHEREAS, the Village conducted a review in 2009 concerning the request for approval of a special use to operate an off—track betting facility on the Property; and, WHEREAS, the Village Plan Commission conducted a public hearing on April 15, 2009 and made a recommendation for approval of the special use to the Corporate Authorities; and, WHEREAS, the Plan Commission recommendation included the findings that 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; that adjacent properties will not be adversely affected by the off—track betting operation; and that the off—track betting facility will not be injurious to the use and enjoyment of properties in the immediate vicinity; and, WHEREAS, the President and Board of Trustees considered the Plan Commission recommendation, adopted the findings of the Plan Commission and determined that approval of the special use is in the best interests of the Village and its residents; and, WHEREAS, subsequent to approval of the special use by Ordinance No. 2009-30, the off—track betting facility located on the Property has not been detrimental to the public health, safety, morals, comfort, or general welfare of the public; and, WHEREAS, the Village President and Board of Trustees have previously determined that the criteria for a special use as set forth in Section 17.28,040 of the Village's Zoning Ordinance have been complied with and based on said public review process and findings, the Corporate Authorities make the following findings and determinations: 3 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 Roadhouse Sports Bar & Grill; 2. Inter-track wagering has been conducted on the Property and has not been a detrimental use or had adverse impacts on adjacent properties; 3. 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 V1:I.,LAGE 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 amend Sections 3, 4 and 5 of Village Ordinance No. 2009-30 and Section 3 of Village Ordinance No. 2010-32 by restating said Sections as Sections 3, 4, 5, and 6 of this Ordinance. The special use for an inter—track wagering location granted in Village Ordinance No. 2009-30 is hereby transferred to Hawthorne Race Course, Inc. subject to the conditions set forth herein and in accordance with the Exhibits hereto for the Property legally described in EXHIBIT A attached hereto. Section 3. The special use for Hawthorne Race Course, Inc. to operate an inter—track wagering location in the building on the Property is subject to the following conditions: Licensing and Management Requirements. A. Hawthorne Race Course, Inc., as operators of the inter—track wagering locations, shall maintain its license from the Illinois Racing Board in good standing order to conduct wagering activities at the Property. B. 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. C. The inter-track wagering location shall be limited to a pari-mutuel system of wagering as defined by Illinois state statute, 230 ILCS 5/3.12. D. 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. E. 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. 4 F. 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. G. Hawthorne shall provide to the Village Chief of Police a written 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. A written report pertaining to the background check of each person involved as a manager shall be provided to the Village Chief of Police within fifteen days of hiring. Operation of the OTB Facility. H. The hours of operation 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. I. 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 H. herein, shall be limited to: 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. Security. J. Within fifteen days of approval of this Ordinance, Hawthorne Race Course, Inc. shall submit a plan for managing and providing security for the inter-track wagering location to the Village Chief of Police, and shall comply with requirements and recommendations by the Village Chief of Police concerning changes to said plan. K. 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. L. The Village Chief of Police, Village Building Commissioner, and Village Fire Prevention personnel, 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. 5 Special Events and Parking. M. 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. N. Parking on the Property and any activities related to off—site parking shall not create traffic congestion or other unsafe conditions on Milwaukee Avenue or adjacent public streets. At the time of application for a special event permit, Hawthorne shall submit a plan for off—site parking to accommodate said special events. Said plan is subject to approval by the Village and 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 allowed only in areas approved by the Village. O. Outdoor live music and sound amplification devices, including but not limited to televisions and broadcasts, are prohibited between 9:00 PM and 8:00 AM local time. Site Improvements. 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 Commissioner. Q. 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 May 31, 2011. Section 4. Signs A. All signs on the Property, existing and proposed, are subject to the regulations of the Village Sign Code. B. The billboard on the Property is limited to advertising activities on the Property. The Owner shall remove the billboard on the Property no later than December 31, 2011. This provision for removal of the billboard shall be binding on successors and assigns of the current Owner and shall run with the Property and be recorded against the Property. The Owner shall apply for a demolition permit with the Village of Buffalo Grove to remove the billboard by October 1, 2011. C. In the event that the Property is sold, transferred, or otherwise conveyed, including but not by way of limitation, the change in the beneficial ownership of the current land trust holding title to the Property, the billboard on the Property shall be removed immediately by the Property purchaser, assignee or new beneficial owner of the land trust. 6 Section 5. This Ordinance allows the Hawthorne Race Course, Inc. and its subsidiaries to conduct an inter-track wagering location on the Property 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 6. The special use for the inter—track wagering location is 1huit:ed to the Hawthorne Race Course, Inc., and is not transferable or assignable without prior written approval of the Village. Any request for transfer or assignment shall be made no less than 90 days prior to the transfer or assignment. The Corporate Aufhorities of the Village have the right to terminate the special use if any sale, transfer or bequest of this special use is made without prior- written approval. Revocation or termination of the license issued by the Illinois Racing Board shall be cause for the Village to terminate the special use. Section 7. 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 set forth herein, in the Village's sole discretion. Section 8. This Ordinance shall be in full force and effect on and after its passage and approval, subject to execution by Hawthorne Race Course, Inc and the Owner of the Acceptance and Agreement attached hereto as Exhibit B and the filing of said Acceptance and Agreement with the Village. This Ordinance shall not be codified. AYES: 6 - Braiman, Glover, Berman, Trilling, Sussman, Smith NAYS: 0 - None ABSENT: 0 - None PASSED: January 3. 2011 APPROVED: January 3, 2011 ATTEST: Elliott Hartster g C) n, Village President Vil e Clerk This document prepared by: William Raysa 22 Washington Park Ridge, IL. 60068 7 EXHIBIT A Adam's Roadhouse & OTB restaurant 301 North 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 Roadhouse Sports Bar & Grill, 301 North Milwaukee Avenue, Buffalo Grove, Illinois. 15-35-301-001 15-35-301-002 15-35-301-003 15-35-301-004 t5-35-301-005 8 EXHIBIT B ACCEPTANCE AND AGREEMENT The undersigned, Hawthorne Race Course, Inc., an Illinois corporation, as lessee of the Property described in the within and foregoing Ordinance No. 2011- -_, Northstar Trust Company as Successor Trustee to Park National Bank as Successor Trustee to Cosmopolitan Bank and Trust Company as Trustee under Trust Agreement dated April 8, 1998, known as Trust Number 30812 as owner of the Property, and Cy's Crab House North, Inc. as beneficiary of the Owner with power of Direction do hereby accept and agree to abide by the provisions, requirements, and conditions contained within and required by said Ordinance and do hereby accept and agree to be bound by the provisions, requirements, and conditions contained within and required by said Ordinance and do hereby acknowledge that the fulfillment of such provisions, requirements and conditions is essential to the grant and continuance of the special use allowed therein and that but for the imposition of such provisions, requirements, and conditions, the special use 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. HAWTHORNE RACE COURSE, INC. By: /irkat(00 Print name& Ale Signature SUBSCRIBED AND SWORN TO before me this�day of�-Z'J�n �ei�; 2011. EALITONElim@ E OF ILLINOISIRES:OW7l12 Notary Public vdtl'k..,;; 9 NORTHSTAR TRUST COMPANY AS SUCCESSOR TRUSTEE TO US BANK AS SUCCESSOR TO PARK NATIONAL BANK SUCCESSOR TRUSTEE TO COSMOPOLITAN BANK AND TRUST COMPANY AS TRUSTEE OF TRUST NUMBER 30812, DATED APRIL 8, 1998. �BY �UST 0 FICER _... � _ Silvia Medina S SCRIBED AND SWORN TO y beo e me this _day of rn .._..... 201] 1, k. Not Pu is i 'S CRAB HOUSE NORTH, INC. 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REV i 9€ CD CD p a O w CAD �, ell k � CD CAD ®RICK Y®► r �, Ln Y 3 " CD O CD f � S CD CD O Ul CDOld CD { ' I��y.,., 1 7cr O e—! cn Y• V�i s E f 3 CD -� C F,, CD CD �+ AZ US 10 on A ' G � CD ►`�`• "d ® ram` ` , ���-{{ ! �- F-� T T OD (D j s r i c.# CD CD V] CS' O F f Amon, i F , oWIT r+ p CDCD _ �.+ F•� Y r.� Fla 9 O CD O U t S. t i�if S -r� , 3f------------ 41 , -'sus [-_ Y v 4 ' Village Board Meeting Agenda Item XII-A ' Monday,January 3, 2011 Ordinance No. 2011- : Amendment to the Special Use,Adam's Roadhouse Sports Bar& Grill,301 Milwaukee Avenue Trustee Liaison: Trustee Braiman Type of item: Ordinance Department: Office of Village Manager Budget Impact: None Requested By: Ghida Neukirch Entered By: Ghida Neukirch Additional None Documentation: Overview This is a follow-up to the Board discussion that took place on Monday, December 6, 2010. Attached please find an ordinance approving the second amendment to the Special Use for Hawthorne Race Course, Inc. to operate inter-track wagering at Adam's Roadhouse Sports Board & Grill located at 301 Milwaukee Avenue. The inter-track wagering operation has NOT had a detrimental impact on Village operations, specifically law enforcement, building/zoning and health, nor has the use had adverse impacts on adjacent properties. Village staff supports the continued operation of the special use; approval of the attached ordinance is recommended. The ordinance has been reviewed and approved by representatives from Hawthorne Race Course and Adam's Roadhouse. John Walsh, Simulcast Director representing Hawthorne Race Course, and Michael Arab, Managing Partner representing Adam's Roadhouse are present this evening. HISTORY The owner of the subject property is Mr. Cy Sadeghi and Mr. Michael Arab is the Managing Partner. The beneficiary of the property is Cy's Crab House North, Inc., an Illinois corporation (d/b/a Adam's Roadhouse Sports Bar & Grill. LTD; formerly Adam's Rib & Ale House, LTD, and also Cy's Crab House). On June 2, 2010, the Village Board approved Ordinance No. 2009-30, allowing Inter—Track Partners, LLC. to manage an inter-track wagering operation at Adam's Roadhouse. The members of Inter-Track Partners, LLC. were Hawthorne Race Course, Inc., Balmoral Racing Club, Inc. and Maywood Park Trotting Association,Inc. As part of the zoning process in consideration of the special use, the Plan Commission conducted a public hearing. It was determined that 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; that adjacent properties will not be adversely affected by the off—track betting operation; and that the off— track betting facility will not be injurious to the use and enjoyment of properties in the immediate vicinity. In September 2010, Hawthorne Race Course, Inc. acquired the assets of Inter-Track Partners, LLC. The license to conduct simulcast wagering at the subject property was in the name of Balmoral Racing Club,Inc. On December 21, 2010, the Illinois Racing Board granted an Intertrack Wagering Location License to Hawthorne Race Course to operate at the property(License #11-312). On this same date, Adam's Rib &Ale House was granted an Occupation License by the Illinois Racing Board (License#11-431) - both licenses are effective for calendar year 2011. Copies of the licenses are included within the proposed ordinance, Exhibit C. SPECIAL USE CONDITIONS IN PART Village Ordinance No. 2009-30, approving the Special Use for Inter-Track Partners LLC, included 28 special use conditions. These conditions were used as the framework to structure the proposed amended special use ordinance. Following are highlights of several proposed conditions. The conditions that were not carried forward have been completed such as the re-striping of the parking lot and the construction of a refuse enclosure. 1. The inter-track wagering location shall be limited to a pari-mutuel system of wagering as defined by Illinois state statute, 230 ILCS 5/3.12. 2. 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. 3. 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. 4. 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. 5. Village Ordinance No. 2010-32 amended Section 3.Y. of Village Ordinance No. 2009-30 to require the owner to remove the billboard no later than December 1, 2010. On December 6, 2010 at the Village Board meeting, Mr. Michael Arab requested the Board's consideration to maintain the billboard. At the Board's recommendation, the proposed ordinance includes a provision to require the owner to remove the billboard no later than December 31, 2011. The provision for removal of the billboard is binding on successors and assigns of the current owner and shall run with the property and be recorded against the property. In the event that the property is sold, transferred, or otherwise conveyed, including but not by way of limitation,the change in the beneficial ownership of the current land trust holding title to the property, the billboard shall be removed immediately by the property purchaser, assignee or new beneficial owner of the land trust. The owner shall apply for a demolition permit with the Village of Buffalo Grove to remove the billboard by October 1, 2011. 6. Hawthorne shall provide to the Village Chief of Police a written 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. A written report pertaining to the background check of each person involved as a manager shall be provided to the Village Chief of Police within fifteen days of hiring. 7. The hours of operation for inter-track wagering on the Property shall be limited to: a. 11:00 AM to 10:45 PM, Sunday through Thursday; b. 11:00 AM to 12:15 AM the following day, Friday and Saturday. 8. 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 H. herein, shall be limited to: a. 6:00 AM to 1:00 AM the following day, Monday through Thursday; b. 6:00 AM to 2:00 AM the following day, Friday and Saturday; and C. 9:00 AM to 1:00 AM the following day on Sunday. 9. Events on the Property shall be limited to activities pertaining to the following four special events per year: Kentucky Derby, Breeders Cup, Preakness Stakes and Belmont Stakes. IO.Outdoor live music and sound amplification devices, including but not limited to televisions and broadcasts, are prohibited between 9:00 PM and 8:00 AM local time.