2009-04-15 - Plan Commission - Minutes Board or Commission: ❑ Plan Commission
Document Type: ❑A e
g nda 0 Minutes
Meeting ate: 04/15/2009
Type of Meeting:
PUBLIC HEARING
BUFFALO GROVE PLAN COMMISSION
April 15, 2009
Village Zoning Ordinance—proposed amendments concerning off-track
Betting facilities as a special use in the B-3 Planned Business Center District
Chairman Ottenheimer called the hearing to order at 7:30 pm in the Village Council Chambers,
Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Chairman
Ottenheimer read the Notice of Public Hearing as published in the Buffalo Grove Daily Herald,
explained the procedure to be followed for the public hearing, and swore in all persons who
wished to give testimony.
Commissioners present; Chairman Ottenheimer
Mr. Smith
Ms. Bocek
Mr. Khan
Mr. Teplinsky
Mr. Stark
Mr. Cohn
Mr. Weinstein
Commissioners absent: Ms. Myer
Also present: Mr. Bob Bilocerkowycz, Inter-Track Partners LLC
Mr. Trilling, Village Trustee
Mr. Kahn, Village Trustee
Ms. Ghida Neukirch, Deputy Village Manager
Mr. William Raysa, Village Attorney
Mr. Robert Pfeil, Village Planner
The following exhibits were presented by the petitioner at the public hearing:
Exhibit A: Memo to the Plan Commission from Robert Pfeil, dated April 10, 2009
Mr. Bilocerkowycz stated they have presented an overview of their company, Inter-Track
Partners, which explains who they are and how they do business and what municipalities they do
business in and the benefits to the Village. He stated they are petitioning the Village for a
special use permit to operate an off-track wagering facility within the Adam's Rib Ale House on
Milwaukee Avenue. He stated they have answered all necessary questions and provided all
necessary materials.
Chairman Ottenheimer stated we are first considering the amendment.
Mr. Raysa stated the petitioner was giving an initial introduction as far as the amendment.
Mr. Bilocerkowycz stated they are petitioning the Village for a special use permit to operate an
off-track wagering facility within the Adam's Rib and Ale House on Milwaukee Avenue. He
noted they have submitted the criteria the Village has requested. He stated he believes they have
answered all of those to the Village's satisfaction.
Mr. Raysa stated the petitioner is going into the second public hearing as far as the criteria for
special use.
Chairman Ottenheimer explained that there are two public hearings with the first one to consider
the amendment and the next one to consider the facility in Adam's Rib.
Mr. Raysa has received a petition from Inter-Track Partners for an off-track betting facility with
a location tentatively to be located on Milwaukee Avenue. In order for the Village to entertain
such a petition it is a recommendation of staff that the zoning ordinance of the Village of Buffalo
Grove will need to be amended. Currently there is no permitted use or special use within the
zoning code of Buffalo Grove to allow an off-track betting facility. Therefore, in order to allow
the petitioner to go forward one of the things that is necessary is for the Village of Buffalo Grove
to amend its zoning code to provide for a facility that would allow for off-track betting or
intertrack wagering. The purpose of this public hearing to introduce to the public the proposed
text amendment to the Village of Buffalo Grove zoning ordinance. That text amendment
basically would allow as a special use in the zoning ordinance of the Village of Buffalo Grove a
State of Illinois licensed off-track or intertrack wagering location or facility. Staff is proposing
that this use, if recommended by the Plan Commission and passed by the Village Board would
be a special use. There is a large difference between a permitted use and a special use. It is staff
recommendation that we not allow an OTB as a permitted use which means a use as of right to
an owner licensee of the property but rather as a special use. In order to go forward with a
special use in the Village of Buffalo Grove criteria have to be complied with by a petitioner.
The petitioner started to get into those criteria. Those criteria are listed in the Village of Buffalo
Grove's special use chapter. Those criteria must be proven by a petitioner. That is the reason
that staff is recommending that an off-track betting facility be allowed as a special use and not as
a permitted use. We are proposing the text amendment to be allowed as a special use in a B-3
Planned Business Center District which is the subject location that is being proposed. The
special use would only be allowed as a special use in a B-3 District, not in a B-1 or B-2 District
which are retail districts in the Village of Buffalo Grove. Staff is proposing that the special use
be allowed in the B-3 District as far as the actual location within the zoning code. Staff is still
discussing whether to put it in Chapter 17.28 which is a specific chapter dealing with special use
or to put it in the B-3 chapter or possibly as a special use in a B-2. Right now staff is discussing
the specific location but the concept is to allow as a special use the licensed by the State of
Illinois off-track or intertrack wagering location or facility.
Commissioner Teplinsky noted the draft of the proposal attached to the packet references the B-2
Business District but that is not the case?
Mr. Raysa stated staff is thinking about putting it as a special use in the B-3 District. In the B-3
District there are no uses listed. The B-3 District specifically says you can have selected
compatible B-2 uses which also includes B-1 uses. The thinking is that we may not ever be
presented this situation again but at the same time we want to make certain that the special use is
only allowable in a B-3 District.
Commissioner Cohn noted the Board minutes of March 23, 2009, Trustee Berman comments
that we should seek the comments that come in that relate more to a general policy rather than
merely a zoning issue. The issue of whether or not this type of use is allowed as a special use
seems to him more of a general policy issue and then the application of that is the second part of
the hearing. He asked if there has been any favorable or non-favorable feedback as to the
appropriateness of this type of use as a general policy matter.
Mr. Raysa stated he has no information on that.
Ms. Ghida Neukirch stated the issue of a petition for an off-track betting facility and specifically
Inter-Track Partners had come up two years ago to locate an establishment in the Buffalo Grove
Town Center. That petition did not proceed primarily because the establishment was located
within 500 feet of a place of worship which is prohibited in Illinois State statute. At that time the
planning and progress discontinued and the direction from the Village Board was the Board may
be amenable to this specific use in another location in the Village but more in a commercial
corridor and taking into consideration the State requirements that it cannot be within 500 feet of
a place of worship or 500 feet from an educational facility. She noted the Village did look
throughout the community, focusing on Milwaukee Avenue as a commercial corridor. When
this was presented to the Village Board as a referral to the Plan Commission there was one
trustee who did not support the referral but all other Trustees supported the referral.
Commissioner Cohn stated he remembers those hearings and the members of the public who
objected to it were not for the most part objecting to the idea of such an establishment in Buffalo
Grove but more to the idea of the establishment at this particular location. He asked if there has
been either positive or negative feedback from the community at large who are against any type
of gambling establishment in Buffalo Grove or who feel it is appropriate to have such
establishments in Buffalo Grove at appropriate locations.
Ms. Neukirch stated they received correspondence from two individuals when this issue first
came up in the newspaper and was presented to the Village Board. After the referral to the Plan
Commission we established a public information meeting which was held yesterday. The
requirements for a public hearing are for notification to be sent out to property owners within
250 feet of the subject site. They wanted to go above and beyond that requirement with the
public information meeting and had invited all the residents within the Columbian Gardens
subdivision which is 70 single family homes as well as sending out notification to the property
management companies of the rental establishments of Riverwalk Place which is managed by
Hamilton Partners and Amli at Chevy Chase. The meeting was held yesterday and they had 15
residents at the meeting with some concerns expressed about the specific use. But aside from the
meeting that was held yesterday there were two e-mails received about the OTB with concerns
from the general public.
Mr. Bill Johnson, 7 Chevy Chase Drive, stated he represents the property owners of the former
Hans Bavarian Lodge property which directly surrounds the Adam's Rib restaurant on two sides.
He stated that unfortunately due to the economic market no development has taken place on the
site from the time the building itself was torn down. When the market does return they hope
they can attract a fine user to that site; for either lunch or dinner with the corresponding
necessary liquor license. He stated they are concerned because they feel that off-track betting is
a derogatory use for the Adam's Rib site and that it could affect their site in an adverse manner
and are therefore against seeing a special use permit granted for this site. He further noted a 90
unit apartment building sits a way back from the site. In front of that parcel is a 3 '/2 acre vacant
site which is zoned within the Village ordinance as a hotel site. Whether the hotel is a feasible
use at some point is debatable because of the additional hotels that have been built. However,
this vacant site will eventually be developed. Possibly if there is no hotel usage we would come
back to the Village Plan Commission and Board and ask for a duplication of the 90 unit
apartment building. If this happens this also would severely impact the development of that site.
Lastly he stated they will not allow any OTB parking on the site that they control now.
Mr. Raysa emphasized that there are two public hearings on the agenda. He specified we are in
the first public hearing. This first public hearing is to amend the Village ordinance to allow an
OTB any place in the Village. This public hearing now is not site specific. The next public
hearing will be site specific for an OTB by Inter-Track Partners at 301 Milwaukee. For those
who are proponents or opponents for an OTB at 301 Milwaukee the second public hearing is the
time to get up and say something. He noted you can certainly speak twice if you are opposed to
an OTB in the Village as well as at 301 Milwaukee.
Ms. Sue Ripp, 15 E. Chevy Chase Drive, asked for some examples of B-1, B-2 and B-3 Districts
and what would be the objection specifically to the other Districts. She further noted she does
object the concept of an OTB in the Village of Buffalo Grove.
Mr. Pfeil stated the Village's zoning ordinance has five business districts, B-1 through B-5. B-5
is the Town Center District and most of the Village's development is either B-1, B-2, B-3 or B-4.
The B-1 is meant to be a neighborhood retail district focused on central business areas of
neighborhoods around it. It is not necessarily something we have implemented literally in the
Village. Most of our commercial development is B-2 such as gas stations or intense retail. The
B-3 district is meant to be a planned business center district for things like shopping centers and
other type of development that need a lot of zoning regulation and usually a planned unit
development. The B-3 district can be very specific. An ordinance can allow only a few uses, it
can prohibit uses which makes B-3 a very powerful zoning tool for the Village to control land
uses and impacts. For that reason Village staff believes that if the Plan Commission and the
Board want to amend the zoning ordinance to allow off-track betting as a use in the Village that
it be in the most restrictive zoning area we can possibly put it in which would be the B-3 District.
Ms. Didi Hoskins, 301 Riverwalk Drive, stated there is an OTB in Waukegan and questioned
whether Buffalo Grove really wants to be like Waukegan. Times are tough now but when nicer
facilities do start up she is not sure they will want to go into the area with an OTB there.
Mr. Alan Rekus, 27 Chevy Chase Drive, stated he opposed to changing the ordinance to allow
this OTB in Buffalo Grove. He noted the annual budget for Buffalo Grove is almost
$61,000,000 and the potential revenue from this OTB would be $70,000 to $150,000 which
represents less than 2/10a'of 1 percent of the Village budget and he does not think that we should
turn to this form revenue raising. It informs us about the character of the community and where
we are going. Lastly, he noted this issue did not surface at all during the trustee election period
and feels if the community did know more about this it certainly would have impacted the results
of the election.
Mr. Richard Cotini, 1430 Larchmont Drive, stated he is in favor of an OTB in Buffalo Grove.
He stated he frequents OTB's and the convenience for him and his family would be good. He
noted people have a misconception of OTBs. He stated they are all state of the art facilities.
There is sports on TV as well as horseracing and other things that do go on beside just off-track
betting.
Mr. Andrew Stein, 17 Chevy Chase Drive, stated he does not see a compelling reason to be
off-track betting into the Village of Buffalo Grove. He noted he does not know who we would
be attracting into Buffalo Grove with the other conveniences around but he does not feel it will
be our own people and is therefore against bringing off-track betting into Buffalo Grove.
Mr. Steve Russo, 1170 Thompson Boulevard, stated he frequents OTBs often. He stated when
he goes into the dollar store he sees scarier people there than he does at the OTB. He stated
OTBs are not just places for a bunch of degenerates to come. He stated the Niles OTB has
brought revenue to the neighborhood and business to other establishments in the area.
Ms. Mary Kane, 27 Marquette Place, stated an OTB will not bring more money into our
community. She stated this is not appropriate for Buffalo Grove.
Mr. Thoennes, 1324 Johnson Drive, stating he sees nothing wrong with injecting revenue,
growth and opportunity in Buffalo Grove.
Mr. Ken Dimas, 361 Burnt Ember, stated it will be a good thing for the Village and this is a good
location for it. It will bring tax dollars to the community and the State and County. This is a
win-win situation. He sees no problem with stimulating Milwaukee Avenue which is dying out.
Mr. Adam Lane, 406 Bluebird Lane, Deerfield, stated he is only a couple of hundred feet from
the location. He feels it is dangerous to start making decisions based on either positive or
negative stereotypes. He noted casinos and gambling facilities are often some of the safest
places in the city. Security is larger and the people who go there go there for a purpose. He is in
favor of this idea.
Mr. Tim Beechick of Hamilton Partners stated their major concern with the proposal is the
impact it might have on the marketability of the Riverwalk Place apartment project. This is a
tough market and the marketability of a 90 unit apartment complex which is just due east of the
location is a major concern. The other concern is the potential radiant impact of value on
property nearby. He asked that if it is decided that this is the only place that works out then
attention needs to be focused on security, lighting, waste control that are of concern to the
current residents in the area. However, they would prefer not to have this proposal go forth.
Mr. Paul Glim, 21 Chevy Chase Drive, stated the Village needs to solicit more people and their
feelings to find out people's opinions. He stated two e-mails and 15 people present at a meeting
do not represent the entire community.
Chairman Ottenheimer noted the Village did comply by sending out notices but we also heard
that the special session yesterday was above and beyond requirements.
Ms. Mitra Ryndak, 26 Copperwood Drive, stated she enjoys OTBs and sees no harm with them.
Mr. Bob Browning, 18 Linden Avenue, stated he is very concerned about this zoning issue
which is a step in the wrong direction. He stated he does not want to turn Milwaukee Avenue or
Lake Cook Road or any other street in the Village into a Rand Road. If you approve this for an
OTB the next thing you have are nude dance clubs, etc. The amount of revenue projected from
this is barely enough to cover extra police coverage. He stated this does absolutely nothing to
enhance the image of Buffalo Grove and should be stopped at the zoning level.
Mr. Bilocerkowycz noted the concern from Hamilton Partners relative to the marketability of
their future projects and stated that Adam's Rib is trying to survive today and keep their place
open. He stated he also believes that a vacant restaurant would be another negative impact on
the commercial district there. A successful commercial operation will draw people who will by
more gasoline, perhaps get their cars repaired next door and participate in the golf course across
the street. He noted someone had asked that if this be approved it should be high class and the
best facility around. He stated they will guarantee that and they will manage the place in a
professional manner, it will be monitored by Village and State officials and the Illinois
Department of Revenue. He further noted the Village can rescind the special use if there are
concerns or problems that are not cured.
There being no further comments or questions from anyone else present, Chairman Ottenheimer
closed the public hearing at 8:25 p.m.
Respectfully submitted,
Fay Rubin, Recording Secretary
APPROVED BY:
LESTER OTTENHEIMER, Chair
Board or Commission: ❑ Plan Commission
Document Type: ❑A e
g nda 0 Minutes
Meeting ate: 04/15/2009
Type of Meeting:
PUBLIC HEARING
BUFFALO GROVE PLAN COMMISSION
April 15, 2009
Inter-Track Partners, proposed off-track betting facility at
Adam's Rib & Ale House restaurant, 301 Milwaukee Avenue
Special use in the B-3 District
Chairman Ottenheimer called the hearing to order at 7:30 pm in the Village Council Chambers,
Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Chairman
Ottenheimer read the Notice of Public Hearing as published in the Buffalo Grove Daily Herald,
explained the procedure to be followed for the public hearing, and swore in all persons who
wished to give testimony.
Commissioners present; Chairman Ottenheimer
Mr. Smith
Ms. Bocek
Mr. Khan
Mr. Teplinsky
Mr. Stark
Mr. Cohn
Mr. Weinstein
Commissioners absent: Ms. Myer
Also present: Mr. Bob Bilocerkowycz, Inter-Track Partners LLC
Mr. Steven Trilling, Village Trustee
Mr. Bruce Kahn, Village Trustee
Ms. Ghida Neukirch, Deputy Village Manager
Mr. William Raysa, Village Attorney
Mr. Robert Pfeil, Village Planner
The following exhibits were presented by the petitioner at the public hearing:
Exhibit 1: Off Track Betting Brings New Revenue Source Benefits to Local Communities,
undated
Exhibit 2: Letter from Inter-Track Partner dated March 15, 2009
Exhibit 3: Letter from Gerber Auto to Ghida Neukirch dated April 14, 2009
Exhibit 4: Code of Courtesy and Conduct
Exhibit 5: Memo from Robert Pfeil to the Plan Commission dated April 10, 2009 with
attachments
Exhibit 6: Letter from Chief Balinsky to Ghida Neukirch dated April 5, 2009 with
attachments
Exhibit 7: Internet printout regarding poker tables dated March 26, 2005
Exhibit 8: Internet article dated June 5, 2008
Exhibit 9: Letter from Mr. Beechick of Hamilton Partners to Ghida Neukirch dated April 15,
2009 and March 31, 2009
Mr. Bilocerkowycz stated Inter-Track Partners is a company formed by the ownership groups of
three race tracks. In 1987 the State of Illinois granted the race tracks licenses to operate
off-track betting facilities as a matter of convenience to bring the popular sport of horseracing to
local communities. Inter-Track Partners has 18 potential licenses and are currently operating
with 16. Off-track betting is regulated by the Illinois Racing Board and overseen by the Illinois
Department of Revenue. Inter-Track Partners will be managing the mutual side of the business.
Adam's Rib will be responsible for all food and beverage. Inter-Track, in effect, is subleasing
space to operate within their facilities. There are no major structural changes to the outside of
the building and inside there is one minor change. They are operating as an amenity within their
building.
Mr. Bilocerkowycz stated sports betting in the State of Illinois is illegal and wagering on horse
races is the only legal activity in this state and 49 other states excluding Nevada. The concern
about gaming in general is a question a lot of people have issues with. However, anyone who
has access to a computer has access to wagering both on internet sites and offshore where they
can wager on a variety of activities.
Mr. Bilocerkowycz stated their relationship with Adam's Rib will be a contractual lease for a 3
year term with an option for 3 years. The management staff is approved by the Illinois Racing
Board. He stated they typically open at 11:00 a.m. and Sunday through Thursday they close at
about 10:30 p.m. The sports bar has a license till 1:00 a.m. or 2:00 a.m. Friday and Saturday
racing typically ends 12:00-12:30 a.m. depending on which tracks are racing that time of year.
He stated they have requested the age for wagering in Buffalo Grove to be 21.
Mr. Bilocerkowycz stated they provide state of the art digital cameras throughout their facility
including the parking lot. The Village police will have access to these cameras except for one
small room where they have the safe. It is internet accessible so anyone in the Police
Department can dial in and focus and bring close-ups at any time. He stated they will employ
Buffalo Grove police on a day like the Kentucky Derby and will probably provide valet parking
and satellite parking. The facility currently has about 72 parking spaces. The owners of Adam's
Rib have come to an agreement with Gerber Collision and Glass for utilization of auxiliary
parking for peak hours or special events. They have approximately 50 parking spaces available.
Mr. Bilocerkowycz stated it is within their right to ask people to leave, have people banned from
the facility for various lengths of time based on any inappropriate behavior. Any incident would
be directly reported to the Buffalo Grove Police Department.
Mr. Bilocerkowycz asserted they are good corporate citizens and their relations with many of the
other communities have been clean with no concerns. It is within the right of the Village to ask
them to cure any concern or withdraw the special use if an issue is not resolved.
Mr. Bilocerkowycz stated the average age of their customers is 45-55. They are primarily
semi-retired and retired business people, trade people and sales people.
Mr. Bilocerkowycz stated the benefit to Adam's Rib is helping them out from the struggle they
are in. If they were open for lunch their primary business would be 11:30-1:00 pm after which
they would be empty. Racing peaks at about 1:30 p.m. and it runs to about 5:00-5:30 p.m. This
fills the gaps between lunch and dinner. It would be a benefit to Adam's Rib when they are
empty. It provides an activity for semi-retired and retired people and other people as well. In
the evening after dinner there is racing from 8:00-10:00 p.m.
Mr. Bilocerkowycz stated they believe there is a 10-15 million dollar handle business prospect
here which would net the Village somewhere between $100,0004150,000 a year. The county
would get that money also. The other benefits are an increase in food and beverage sales tax to
the community. He noted they earn a 3 percent commission on out of state waging. They make
a 10 percent commission on Illinois wagering. Blended they make about a 5-5 '/2 commission
and they incur all the expenses. They make a 5 percent commission on selling lottery tickets.
Mr. Bilocerkowycz stated they support people that have gaming problems. They are legislated
to post the 1-800 number for gambling problems. There is also a way for patrons that have
gaming problems to exclude themselves from facilities and OTB's. They would have to petition
after one year of exclusion to be allowed back in. But abuses do take place as much as they try
to control it.
Chairman Ottenheimer stated he will read off the special use criteria asking the petitioner to
respond with how they meet the criteria.
The special use will serve the public convenience at a location where the establishment,
maintenance or operation of the special use will not be detrimental to or endanger the
public health, safety, morals, comfort or general welfare.
Mr. Bilocerkowycz stated that off-track betting is highly regulated by the Illinois Racing Board
and Illinois Department of Revenue. Inter-Track Partners strictly enforces all public health and
safety in conjunction with Adam's Rib for the general welfare of all patrons. Inter-Track
maintains a code of conduct with dress, behavior requirements to facilitate and maintain a
desirable environment. Their business model stems from a convenience factor offered to
horseracing fans as an alternative to visiting Illinois racetracks in order to wager on local and
nationwide horseracing venues. Inter-Track Partners offers their customer base a safe and
inviting location.
The location and size of the special use, the nature and intensity of the operation involved
conducted in connection with the special use and the size of the subject property in
relation to the special use and the location of the site with respect to streets giving
access to it shall be such that it will be in harmony with the appropriate orderly
development of the district in which it is located.
Mr. Bilocerkowycz stated the request for the special use permit does not include additional
building or property construction. An off-track betting operation will be based within the
existing Adam's Rib structure as it currently is. The special use approval of pari-mutuel waging
would be available to all patrons 21 years of age and older throughout the first floor of the
existing facility.
The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity of the subject property for the purposes already permitted in such
zoning district nor substantially diminish and impair other property valuations within
the neighborhood.
Mr. Bilocerkowycz stated the special use request will not have a negative effect on other
property valuations in the commercial district. ITP and Adam's Rib will help bring more
customers to the various businesses within the commercial district. Viable businesses attract
additional development.
The nature, location and size of the building or structures involved with the establishment of
a special use will not impede, substantially hinder or discourage the development or
use of the adjacent land and buildings in accordance with the zoning district within
which they lie.
Mr. Bilocerkowycz the business will not alter the current building structure eliminating any
concerns to adjacent property development.
Adequate utilities, access road, drainage and other necessary facilities have been or will be
provided.
Mr. Bilocerkowycz stated those items are currently all in place.
Parking areas shall be of adequate size for the particular special use, which area shall be
properly located and suitably screened from adjoining residential uses and the
entrance and existing driveways to and from these parking areas shall be designed so
as to prevent traffic hazards, eliminate nuisance and maximize traffic congestion in
the public streets.
Mr. Bilocerkowycz stated the current Adam's Rib parking area consisting of 72 spaces will be
adequate to handle the day to day parking requirements. Patrons come and go throughout the
day during normal business hours of 11:00 a.m. to 11:00 p.m. Sundays through Thursday and
11:00 a.m. to approximately 12:30 a.m. on Friday and Saturday. Additional parking if needed on
special events such as Kentucky Derby will be at Gerber Auto where arrangements have been
made. Valet parking will be utilized to facilitate traffic control. The practice of bet and go
during one of these events to help facilitate parking or congestion could be utilized if it makes
sense. Five spots may be held to use for 5-10 minutes to facilitate parking. There would be time
limits on that and would be monitored by Village Police. ITP will work diligently with the
Village and all departments to ensure a safe and secure environment for the patrons and citizens
of Buffalo Grove.
Commissioner Stark asked if the restriction on wagering to age 21 would need to be part of the
motion.
Mr. Raysa stated if that is Plan Commission wishes.
Commissioner Stark asked how ITP would use the Gerber extra parking
Mr. Bilocerkowycz stated they would use valet parking.
Commissioner Stark noted this is a 2-story restaurant.
Mr. Bilocerkowycz stated they are only asking to operate on the first floor.
Commissioner Stark asked how ITP intends to keep patrons under 21 years of age from
wagering.
Mr. Bilocerkowycz noted you must come to a teller to place a bet and they are asked for ID at
that point.
Commissioner Stark noted there needs to be 51 percent approval of the registered voters within
500 feet.
Mr. Bilocerkowycz stated if the Village grants the special use, they have already conducted that
survey because if they could not qualify for it they would not have proceeded to this level.
Within 500 feet of the building facility there were 5 registered voters. If there were more than
50 registered voters they would need 51 percent of those.
Commissioner Smith stated he does not doubt this will be a very successful venture. However,
his concern is with the parking. He asked the total occupancy for the structure.
Mr. Michael Arab stated it was 180.
Commissioner Smith asked how the extra parking would be used, especially on special event
days such as the Kentucky Derby.
Mr. Arab stated they would use valet service for the Gerber spaces. He further noted they are
now negotiating with 215 N. Milwaukee Avenue managed by Berkson & Son for an additional
120 parking spaces with valet service.
Commissioner Smith noted there would be an issue with the line of cars for the valet service.
Mr. Bilocerkowycz stated it is really an operational issue and obviously you are not going to
back up traffic on Milwaukee Avenue. You would probably start queuing about 6-8 cars after
you have made the queue. The Derby is structured now so that you can pre wager the Derby on
Friday which helps a lot of the issues. He further noted if they are at capacity then they are full
and cannot let any more in.
Commissioner Cohn asked about the bet and go.
Mr. Bilocerkowycz stated that is something that they can or cannot do and it is strictly a one day
operational issue. He stated at some of their facilities to make traffic or congestion easier and as
a benefit to the patrons they have five designated spots called bet and go. People come in and
instead of parking and walking a long way they come in, make their bet and leave. They do not
have to do this. If on that day they are full, they would be turned away. If the bet and go was
feasible they could accommodate 5 additional cars for 5-10 minutes.
Commissioner Weinstein questioned the negative effect to adjacent properties and the use and
enjoyment of adjacent properties. He asked if any studies had been done in other neighborhoods
about the effect of an OTB on adjacent properties.
Mr. Bilocerkowycz stated in Niles they are across from a residential area. Development is the
equivalent of tear downs and mansions were built since they have been there. He stated they are
within Adam's Rib and most people do not even know they are in there. In Arlington Heights
living around the racetrack has not lowered property values. After they opened in Elk Grove
Cambridge put in a condo development directly across the street.
Commissioner Weinstein stated parking is still a concern with special events. The use of Gerber
will still cause some traffic issues and congestion. He stated he also suspects Adam's Rib will
also try to do all kinds of specials on those of their own. He stated he would like to see some
specifics on what agreement has been made and what valet will be used and how the traffic flow
will work. He also suggested that there be a limit on the special event days.
Mr. Bilocerkowycz stated they look at it as primarily two days. Both the Derby and the
Breeder's Cup are two day events with pre betting.
Commissioner Weinstein stated they were advised from the Board's minutes to mention to the
Board any e-mails or complaints from the public that may be heard this evening.
Commissioner Smith asked if the petitioner had been in contact with the Police Department
regarding them being out on special event days if that is necessary.
Mr. Bilocerkowycz stated it would be presumptuous to talk to them before any approvals. If the
Village prefers them to hire on duty police force, they will do that or if it prefers off duty police
force, they will do that. They would even contact off duty Lake County police or any other
jurisdiction if they have to.
Mr. Andrew Stein, 17 Chevy Chase Drive, asked if Exhibit 1 talks about specific dollar amounts
for villages.
Mr. Bilocerkowycz stated it talks about what the Illinois statute says that an off track wagering
facility would generate for a licensed facility within that municipality. It is state law that 1
percent goes to the municipality and 1 percent goes to the county.
Mr. Stein asked if the petitioner supports any other type of gaming at off track betting facilities.
Mr. Bilocerkowycz stated some of their facilities sell lottery tickets.
Mr. Stein asked, other than lottery tickets if he has ever supported any other type of gaming at
off-track betting facilities.
Mr. Bilocerkowycz stated ITP has not supported anything except for potentially their ownership
group.
Mr. Stein asked if Mr. Bilocerkowycz specifically had supported any other type of gaming.
Mr. Bilocerkowycz stated to the best of his knowledge he has not supported any other initiatives
within their jurisdiction.
Mr. Stein produced an internet research article regarding an interview Mr. Bilocerkowycz gave
to the Bloomington Pentagraf in March, 2005 stating he supported poker tables at off-track
betting.
Mr. Bilocerkowycz stated the comment was correct in 2005. At that time every location
jurisdiction could have that as an additional license in their jurisdiction. He stated he might feel
that it might be a benefit to a specific location but he might not support that initiative in another
location. It is not an initiative he would support at joint venture facilities because they are
smaller and they are not owned and operated by them. Additionally, the economic climate is
different now than it was in 2005.
Mr. Stein noted at the April 6t'meeting in front of the Board Mr. Bilocerkowycz had answered a
question from Trustee Braiman regarding hours of operation. At the time the testimony was
weekdays until 10:30 p.m. and weekends until 11:30 p.m.
Mr. Bilocerkowycz stated it was probably 12:30 p.m. on the weekends. He also stated that when
he says 10:30 it changes on a monthly basis by the end of the Illinois race card. He stated they
are required to carry the last race in an Illinois racetrack. That race could finish at 10:15 or
10:20 depending on the weather, conditions, etc. Usually the last wage is done by 10:30 pm. He
stated they may be in the money room closing down or all the necessary accounting. The last
race dictates the closing.
Mr. Stein stated the Plan Commission should go back to the minutes and actual tape of the
meeting because part of the referral that was made to the Plan Commission included some
specific hours that Trustee Braiman made.
Mr. Bilocerkowycz further noted there are no specific general hours as they are dictated by law
to close after the last Illinois race and that race varies by season as to which track is running.
The weekend license for the restaurant sports bar is 1:00-2:00 a.m. and it is his assumption they
are allowed to stay open till that time and he believes they should be able to stay open as long as
there is Illinois racing going on.
Mr. Stein asked if Mr. Biocerkowycz recalled telling residents at the informational meeting that
the closing time would be at approximately 12:00 p.m.
Mr. Bilocerkowycz stated it depends on what time of year. Whether it is 12:00 or 12:30 am is
immaterial when the restaurant and sports bar has a license to stay open until 1:00 or 2:00 a.m.
Mr. Bilocerkowycz stated hours of operation are within a range and he would have a hard time
saying they are done at a certain time because he cannot control that.
Mr. Stein asked if any of Mr. Bilocerkowycz's facilities are open until 1:00 a.m.
Mr. Bilocerkowycz stated depending upon the day of operation potentially yes. He noted they
own and operate food and beverage locations and if people are in there watching a basketball
game that is ending late it is their privilege.
Mr. Stein asked what the posted minimum age is at the Niles facility.
Mr. Bilocerkowycz stated you must be accompanied by an adult and there are no children
allowed after 6:00 p.m. He stated he believes the age posted is 21.
Mr. Stein stated it is posted at 21. He asked about the self exclusion provision.
Mr. Bilocerkowycz if a person does not have control and he is on record as such and shows his
driver's license he will not be allowed in.
Mr. Stein noted in the fifteen minutes that he was inside the Niles facility today not one person's
ID was checked.
Mr. Bilocerkowycz stated Mr. Stein looks older than 21. He stated that normally they have a list
with pictures of the people who have been self excluded so Mr. Stein would not be stopped.
Mr. Stein stated he is not referring to himself.
Mr. Bilocerkowycz stated they do the best job they can and it is a very tedious chore.
Mr. Stein asked how many tellers or locations will be within Adam's Rib.
Mr. Bilocerkowycz stated there will be one manned teller area provisioned for two customer
service managers.
th
Mr. Stein noted that at the meeting before the Board on April 6 Mr. Bilocerkowycz was asked
how many special events were planned.
Mr. Bilocerkowycz stated he calls them days of racing interest to the public.
Mr. Stein rephrased the question asking how many special racing events he told the Board they
would promote.
Mr. Bilocerkowycz stated he probably talked about potentially the Derby, the Preakness, the
Belmont and the Breeder's Cup.
Mr. Stein stated he told the Board there would be two; the Derby and the Breeder's Cup.
Mr. Bilocerkowycz stated he said those are their primary and the falloff for the Preakness and
the Belmont is significant.
Mr. Stein asked Mr. Michael Arab where the spots are located at Gerber that have been
promised.
Mr. Arab stated they have not hired a valet yet but when they get the valet they will park inside
the front parking area and there is a garage attached to it which for a special event will be used.
Mr. Stein asked how many parking spots there are in the front area right now.
Mr. Arab stated there are about 10-15 spaces.
Mr. Stein noted that Mr. Bilocerkowycz had stated there will be no sign noting OTB but Mr.
Arab has stated he will be applying for a permit for a new sign where the name will specifically
be Adam's Rib and Off-track betting.
Mr. Bilocerkowycz stated he said that for Niles specifically where there is no off-track betting
name.
Mr. Arab stated yes he would be applying for a permit for a new sign.
Mr. Stein stated there are obviously some discrepancies between himself and what Mr.
Bilocerkowycz has presented to the Village Board and at the special meeting of residents that
needs to be taken into consideration. He stated his initial reaction when he first read that Buffalo
Grove was going to entertain off-track betting was outrage. He did not understand how the
Village could do this to his subdivision again in terms of bringing something in without talking
to the residents firs. However, he talked with the Village Manager's office and Jeff Braiman and
he agreed to keep an open mind about the process because the Village agreed to have last night's
meeting. My mind was open until last night. Last evening left him with more questions than
answers and this evening also leaves him with more questions than answers. First and foremost
is the issue with parking. At best there are 72 parking spots in Adam's Rib lot. If that lot is full
there are spots that are unusable because you cannot maneuver into them due to the tightness of
what is there. Specifically there are two handicapped accessible spots that will need to be
restriped because they do not meet code and the lot really needs to be reconfigured. Based upon
what Inter-Track is telling people about their demographics and based upon what he observed
today while he was at the Niles facility he really thinks they will need more handicapped spots
that legally required because of the senior ages of the people that will be in attendance. He
asked the Plan Commission to take that into consideration and explore before approving this
proposal. Regarding other parking issues, events such as Kentucky Derby, Belmont, Preakness,
Triple Crown etc. they are certainly going to need more parking spaces. He stated he did visit
Gerber today and spoke with Peter Calloway and asked him about the parking. There are 12
spots out front. The other spots are behind a locked gate that Mr. Calloway was unwilling to talk
about. Therefore, he asks before we take to heart the 40-50 spots that are to be available that the
Commission explore with Gerber that these spots are actually available. He did say no parking
on grass would be allowed. So parking may still be an issue.
Mr. Stein noted that the short term parking spots for 5-10 minutes defeats the spirit of the law
that requires food to be served in an off-track betting facility. This is not acceptable. Other
issues that need to be resolved are the idea of how many special events will be held. Mr.
Bilocerkowycz had told residents there would be two events namely the Derby and the Breeder's
Cup. I asked him specifically if there would be any special advertising for these events such
banners, balloons or signs and the answer was no. He did notice today, however that they had A
frame signs announcing the Kentucky Derby. The hours of operations keep changing. We need
to be able to know that we are dealing with someone who is going to give us a specific time
frame under which they will operate. Why are we looking into bringing gambling into Buffalo
Grove? The original estimate by the newspaper was that we would get $150,000 based on up to
$15,000,000 worth of revenue stream. Last night we were told it would be between
$10,000,000412,000,000 of revenue which is about $100,000 to $120,000 which is less than
3/10ths of one percent of the corporate fund operating costs and really 2/10ths of one percent of
the entire Village operating costs. We are not talking about something that will bring a vast
amount of revenue to the Village for this one location. Regarding property on Milwaukee
Avenue you have heard testimony that the owners of the commercial property are uncomfortable
with the facility going there. We had planned a restaurant or hotel and if not a hotel potentially
an apartment complex that would have brought revenue into the Village and we may lose that
revenue if this specific site is permitted.
Mr. Stein noted in closing that this reminds him of another time in Buffalo Grove when Town
Center was being planned. There were anchors and then there no anchors. It was built anyway
and we have seen what the tragedy of haste can do. Please do not rush through this. The only
entity that will really see a boon from this business is the Village of Wheeling and that is because
they recently approved and opened a pawn shop on Milwaukee Avenue just down the road from
Adam's Rib.
Chairman Ottenheimer asked Mr. Raysa about the fact that the special use can be tailored to
incorporate a lot of the items that Mr. Stein was talking about.
Mr. Raysa said that was correct.
Chairman Ottenheimer asked if it is typically the Village's position when drafting and approving
special uses that those provisions be contained in there.
Mr. Raysa stated if there is a closing time the Village specifically wants it will be put in the
ordinance.
Commissioner Smith asked Mr. Stein asked for specifics on how this will affect his subdivision.
Mr. Stein stated it goes to the parking situation and the overflow parking. He noted his
subdivision was subject to overflow parking in the 80's and 90's caused by Hans Bavarian
Lodge during Octoberfest. When they ran out of parking people came down and parked on the
lawns and when they left they urinated on the lawns. If there is not ample parking they are afraid
that is what will happen again when they have the special events. There were times before the
subdivision was actually in the Village when the Village made decisions without involving the
residents.
Mr. Alan Rekus, 27 Chevy Chase Drive, stated he supports Mr. Stein and all he said. He further
stated he finds it hard to understand how this Commission could consider placing this gambling
facility in a residential area. He noted he has spoken to two realtors and asked if an OTB would
impact the sales price of his home and was told absolutely yes. He stated he sees harm being
brought to the residents here. This facility will be within 100 feet of residents.
Ms. Dede Hoskins, 301 Riverwalk Drive, stated that music is always blasting out from Adam's
Rib and Michael Arab has not done anything to lower the volume despite conversations with him
and calling the police. She stated he is not a good neighbor so far and fears the parking here will
not be sufficient.
Mr. Arab stated Ms. Haskins complaint was called in at 9:00 p.m.
Chairman Ottenheimer asked them both to sit down as they were beginning to debate.
Mr. Bob Browning, 18 Linden Avenue, stated Adam's Rib has not been a good neighbor. He
stated he lives on the west side of Milwaukee Avenue and the loud music bothers him as well.
He is also concerned with the conflicting messages and states regarding the signage relative to
OTB.
Chairman Ottenheimer stated it does not matter what they want as there is a sign ordinance in the
Village of Buffalo Grove so whatever they want they may not be able to get. Whatever sign they
put up will have to comply.
Mr. Bilocerkowycz stated they may potentially change the name of the facility. The approved
sign, size of the sign and current location would not be changed. The potential graphics and
name could be changed within that sign. He noted their agreement with the joint venture partner
would be the elimination of bands and live music except for quiet indoor quartets. It is not a
compatible use with racing patrons.
Mr. Steve Russo, 1170 Thompson Blvd., noted the restaurant was previously approved by the
Village. If they were very successful and packed we would not need to be here to talk about it.
He noted that the worry about the special events can be tempered by the fact that Buffalo Grove
Days severely impacts him when it comes and there are many situations that come up and are
uncomfortable for him.
Ms. Mary Kane, 27 Marquette Place, asked why 16 security cameras would be needed.
Mr. Bilocerkowycz stated they like to cover the whole area; bar area, all the tables and patrons.
Someone may drop one of their vouchers or something. They believe a security system is
important and their manager is on a key fob system which will connect to the Lake County 911
system. He stated it behooves them to be over cautious.
Ms. Kane asked if the Gerber parking would be used only for special events.
Mr. Bilocerkowycz stated he only anticipates the parking for special event days but would like
the facility to be successful enough that on a Friday or Saturday there would be a need for
auxiliary and valet parking.
Mr. Eric Thoeness, 1324 Johnson Drive, stated he feels very comfortable with Mr.
Bilocerkowycz's testimony.
Ms. Sue Wiebe, 15 E. Chevy Chase Drive, stated the special criteria regarding safety issues,
comfort and general welfare issues here. Some realtors have said and OTB facility will lower
home values. Additionally if people sit in an OTB for hours they are possibly drinking and then
driving which is a safety issue. She stated she can see the Adam's Rib sign inside her house and
seeing an OTB sign would impact her welfare. She further noted that people leaving the facility
may be the kind to commit crimes especially in her neighborhood which is dark and secluded.
She also agreed with the traffic situation and noted they already having parking issues in the
subdivision. Lastly, she stated if this is going to happen it would be best not to put it near a
residential neighborhood.
Mr. Bilocerkowycz stated they are good citizens and police themselves. Also the state polices
them; the Village will police them if they are granted a special use. Any incidents or activities
that occur that they cannot cure the Village can rescind the special use. He noted they will
everything possible to alleviate everyone's concerns and follow all the initiatives that the Village
recommends.
There being no further comments or questions from anyone else present, Chairman Ottenheimer
closed the public hearing at 9:45 p.m.
Respectfully submitted,
Ray Rubin, Recording Secretary
APPROVED BY:
LESTER OTTENHEIMER, Chair
Board or Commission: ❑ Plan Commission
Document Type: 0 A e
g nda 0 Minutes
Meeting ate: 04/15/2009
Type of Meeting: ❑ Regular Meeting
REGULAR MEETING
BUFFALO GROVE PLAN COMMISSION
April 15, 2009
Village Zoning Ordinance—Proposed amendments concerning off-track
Betting facilities as a special use in the B-3 Planned Business District
Inter-Track Partners, proposed off-track betting facility at Adam's Rib &
Ale House restaurant, 301 Milwaukee Avenue— Special use in the B3 District
Chairman Ottenheimer called the meeting to order at 8:25 p.m. in the Village Council Chambers,
Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois.
Commissioners present: Chairman Ottenheimer
Mr. Smith
Ms. Bocek
Mr. Khan
Mr. Teplinsky
Mr. Stark
Mr. Cohn
Mr. Weinstein
Commissioners absent: Ms. Myer
Also present: Mr. Bob Bilocerkowycz, Inter-Track Partners
Ms. Ghida Neukirch, Deputy Village Manager
Mr. Steve Trilling, Village Trustee
Mr. Kahn, Village Trustee
Mr. William Raysa, Village Attorney
Mr. Robert Pfeil, Village Planner
APPROVAL OF MINUTES
Moved by Commissioner Smith, seconded by Commissioner Bocek to approve the minutes of
the public hearing of March 4, 2009. All Commissioners were in favor of the motion and the
motion passed unanimously with Chairman Ottenheimer abstaining.
Moved by Commissioner Smith, seconded by Commissioner Bocek to approve the minutes of
the regular meeting of March 4, 2009. All Commissioners were in favor of the motion and the
motion passed unanimously with Chairman Ottenheimer abstaining.
COMMITTEE AND LIAISON REPORTS
Commissioner Weinstein stated he attended the March 2, 2009 Village Board meeting and noted
the off-track betting petition was referred to the Plan Commission.
VILLAGE ZONING ORDINANCE — PROPOSED AMENDMENTS CONCERNING
OFF-TRACK BETTNG FACILITIES AS A SPECIAL USE IN THE B-3 PLANNED
BUSINESS CENTER DISTRICT
Moved by Commissioner Teplinsky, seconded by Commissioner Smith to recommend approval
to the Village Board of the text amendment to Chapter 17.28 of the Zoning Ordinance (title 17 of
the Buffalo Grove Municipal code) concerning the addition of "licensed off-track betting and
inter-track wagering locations or facilities" as a special use in the B-3 Planned Business Center
District.
Commissioner Cohn stated he has struggled with the question of whether or not this is
appropriate as a use in the Village. He said that the issue of whether or not the Village has
gambling should be vetted more thoroughly by the community at large, and he does not feel this
process has been done adequately to this point. He noted he has not seen a strong indication
from the community at large that residents in the Village favor this use. He stated he does not
personally see an upside to having this use in the Village, and he does not support amending the
Zoning Ordinance to allow the use.
Commissioner Teplinsky stated he has not seen here tonight any sort of opposition to the
proposed text amendment from people other than those who live within direct 200 to 300—foot of
the proposed facility at Adam's Rib restaurant. In addition, he said that he has not heard anything
other than perceptions of off-track betting facilities. He noted the Village has done its
homework, including the Police Department, and there is no evidence of any special problems
other than what is found generally in restaurants. Perhaps the community has spoken by not
showing up in opposition and in droves from places other than those areas directly affected by
the proposed location.
Commissioner Smith stated that he agrees with Commissioner Teplinsky, and this issue has been
in the newspapers and he has spoken to many people in favor and others against. It is not
overwhelming either way. We need to do our due diligence and give them the opportunity at this
particular site. He stated he cannot see us banning this type of use in all of Buffalo Grove.
Chairman Ottenheimer noted the Plan Commission is a fact finding body which makes
recommendations to the Village Board. The Commission does not make law or pass law. He
stated this is the Plan Commission for the Village of Buffalo Grove in total, and not for any
specific neighborhood or group of people. What that means is that the Commission must make a
decision or recommendation which it believes is in the best interests of the Village. The
Commission takes great care to consider the impacts on neighborhoods. The Commission
understands that it's recommendations on particular issues will not necessarily be supported by
everyone involved in the process.
Commissioner Stark stated that the special use criteria are very restrictive and will not allow the
spread of bad business within the Village.
Commissioner Weinstein stated the special use criteria of the Zoning Ordinance amendment will
be taken into consideration for any specific use. The criteria are very restrictive, so the door is
not open for facilities to open in random locations. The special use would be limited to
properties in the B-3 District, and the Board of Trustees would make the final decision for a
particular establishment at a specific location.
Commissioner Khan asked if there is an expiration date on this special use and, if so, what is the
next step.
Mr. Pfeil stated a special use can be indefinite. There does not need to be a time limit on a
special use, so a business could continue as long as all the conditions set forth in its special use
ordinance are met. In the event that a special use is discontinued for one year, the current Zoning
Ordinance regulations state that the use is automatically terminated.
Mr. Raysa stated the staff has not looked to a specific time limit for the special use either in
general or for the specific site. Right now there has been no staff recommendation one way or
the other. Secondly, the Village can put a condition on a special use for a time limit, i.e. child
day care homes, which are limited to two years and then have to apply for re—authorization. For
off—track betting the special use would require that the operator maintains a State of Illinois
license, and if that license is terminated, the special use ceases.
Commissioner Bocek asked if a property changes ownership does the special use cease.
Mr. Raysa stated it depends upon the use. Staff has discussed the issue of whether the special
use runs with the land, whether it could be transferred from one OTB operator to another, or if it
would be limited to the petitioner who operates the specific OTB facility.
Commissioner Bocek stated she can see for a given parcel, not this specific one, if approved
based on the operator and their reputation and all the special conditions; it might change with a
different operator.
Mr. Bilocerkowycz stated if for some reason Inter-Track Partners departed this location any
future operator would have to petition the Illinois Race Board for approval. They would need a
letter from the Village stating they have been approved and that it is an approved zone. There is
no pass down and is applied for every year.
Commissioner Khan stated he has heard both sides and neither of them has convinced him that
they have good reason either oppose or favor. He stated he is not opposed to making a motion
here for the amending the existing motion that we allow them a special use for two years and
then come back to the Plan Commission or the Village Board to see how things are going.
Moved by Commissioner Khan, seconded by Commissioner Boceck to amend the motion to
include a positive recommendation with a two year limitation such that the special use operator
would have to come back before either the Village Board or Plan Commission.
Commissioner Stark questioned if this is really relevant to this public hearing as opposed to the
second one.
Chairman Ottenheimer stated yes because this deals with keeping tight reins on special uses in
the Village.
Chairman Ottenheimer called for a vote on the amendment to the motion and the vote was as
follows:
AYES: Bocek, Khan
NAYS: Smith, Teplinsky, Stark, Cohn, Weinstein, Ottenheimer
ABSENT: Myer
ABSTAIN: None
The motion failed 6 to 2.
Chairman Ottenheimer called for a vote on the original motion and the vote was as follows:
AYES: Smith, Bocek, Khan, Teplinsky, Stark, Weinstein, Ottenheimer
NAYS: Cohn
ABSENT: Myer
ABSTAIN: None
The motion carried 7 to 1.
Chairman Ottenheimer suspended the regular meeting at 8:45 p.m. in order to conduct the
second public hearing.
Chairman Ottenheimer reopened the regular meeting at 9:45 p.m.
Moved by Commissioner Teplinsky, seconded by Commissioner Khan to recommend approval
to the Village Board of the petition by Inter-Track Partners, LLC for approval of a Special Use to
operate an off-track betting facility in the Adam's Rib & Ale House restaurant, in the B-3
Planned Business Center District subject to:
A minimum age of 21 years for individuals permitted to wager
Hours of operation to be restricted to those hours of operation required by the State of Illinois
in terms of remaining open in the evening.
Commissioner Khan asked Mr. Michael Arab what hours of operation are for Adam's Rib
restaurant.
Mr. Arab said the restaurant is currently closed for lunch, but will be open if they join with
Inter-Track Partners, and then the hours would be Monday — Thursday from 11:00 a.m. to 11:00
p.m., Friday from 11:00 a.m. to 1:00 a.m., Saturday from 11:00 a.m. to 2:00 a.m. and Sunday
from 11:00 to 10:00 p.m.
Commissioner Khan asked if the betting will go beyond the hours of operation for the restaurant.
Mr. Bilocerkowcyz stated they will be able to finish between those hours.
Commissioner Khan said the present issues are amending the Zoning Ordinance to allow off—
track betting, and allowing a special use for the property at 301 Milwaukee Avenue to
accommodate Adam's Rib restaurant and Inter—Track Partners. Residents living near the site
purchased their homes before off—track betting was proposed for this location. He further noted
these homeowners brought revenue into the Village first. He stated these folks deserve some
peace of mind at some hours of the night. If the business stops at 1:00 or 2:00 a.m. on the
weekend and sunrise in the summer is at 4:30 a.m. these people get no sleep. He stated that
unless there are some limitations as to when this business will be closed and some arrangements
for parking and unless his previous motion for this business to be required to come back to the
Plan Commission or Village Board after two years, he will probably vote against this business at
this location.
Commissioner Smith stated he has listened and understands both sides. The hours of operation
are already set and the restaurant is already there and has been there. A new operation would be
added, but they are open shorter hours than the allowed restaurant business. He said that he does
not see adding the off—track betting operation at this location as an issue. He stated his main
concern is the parking, and he would like an amendment added to the motion stipulating that
parking will occur only at the restaurant property and at the adjoining Gerber Auto Collision
property, and some type of restriction be imposed to prevent customers from parking in
residential areas.
Chairman Ottenheimer noted Commissioner Smith wants to amend the motion to add parking
enforcement and specifications.
Commissioner Khan commented that discussion on the original motion should be completed by
the commissioners before considering the amendment to the motion.
Commissioner Teplinsky stated he would be in favor of an amendment to his motion that places
some sort of restriction on the parking. With respect to Commissioner Khan's comments he
stated the conditions are already permitted to exist under the present use of the business and all
of the businesses on Milwaukee Avenue. The only change in any of this is in the character of the
business and from what he has heard the noise problem will probably abate etc. He noted
Milwaukee Avenue is a commercial corridor. If Buffalo Grove is going to approve or encourage
commercial enterprises in the Village it is more reasonable than not that it be in a facility on
Milwaukee Avenue or other more heavily traveled area that are commercial in nature.
Commissioner Cohn stated in focusing on the six criteria for a special use he feels that it does
not meet the criteria, in particular # 1 and # 3. He noted he is not persuaded that this use is not
detrimental to the comfort and general welfare nor is he persuaded that this use is not injurious to
the use and enjoyment of other property in the immediate vicinity.
Commissioner Stark stated he has thought this would be an excellent addition to the Village.
This is a commercial corridor and this would be an appropriate place for this use. The type of
clientele this will attract will lessen the loud music that has previously come from this site.
However, he does not feel they are meeting the parking criteria.
Commissioner Weinstein stated he feels the parking criteria can probably be dealt with by an
appropriate amendment. He would like a formal written arrangement with whatever business will
provide the extra parking before this use is approved. He said, however, that he is struggling
with the hearsay testimony relating to property values, which is addressed as the third special use
criterion.
Moved by Commissioner Smith, seconded by Commissioner Teplinsky that any positive
recommendation is subject to appropriate parking restrictions and limitations in the residential
neighborhood.
Commissioner Cohn stated he will vote favorably on this motion because if the motion passes he
would want to have good management of parking for the business.
Commissioner Stark asked how this would be enforced.
Chairman Ottenheimer stated that would be something that may be up to staff.
Commissioner Khan stated he would be in favor of Commissioner's Smith motion but that does
not include Commissioner Smith's other statements supporting the use. He asked if there would
be a chance to further amend the amended motion so that the issues relating to a time limit on the
special use and hours of operation could be restated and included in the recommendation to the
Village Board.
Chairman Ottenheimer stated the current motion to amend will reflect a positive
recommendation to the Village Board with a stipulation that in the special use text amendment
for this specific location issues of parking in residential areas be addressed, enforced and
restricted and then called for a vote on the amendment to the motion and the vote was as follows:
AYES: Smith, Bocek, Khan, Teplinsky, Stark, Cohn, Weinstein, Ottenheimer
NAYS: None
ABSENT: Myer
ABSTAIN: None
The motion passed 8 to 0.
Commissioner Khan noted that since this kind of business has not yet been tested in the Village,
he is not in favor of giving them an indefinite special use at this location, and would like them to
have to come back before either the Plan Commission or Village Board to make sure they have
lived within the guidelines of the special use.
Moved by Commissioner Khan to add to the amendment that the special use be given for only
two years at this time for review and he wants a restriction on the hours of betting on weekends
to midnight.
Chairman Ottenheimer asked for a second which did not come and the motion failed.
Chairman Ottenheimer called for a vote on the amended motion and the vote was as follows:
AYES: Smith, Bocek, Teplinsky, Stark, Weinstein, Ottenheimer
NAYS: Khan, Cohn
ABSENT: Myer
ABSTAIN: None
The motion passed 6 to 2.
CHAIRMAN'S REPORT—None
FUTURE AGENDA SCHEDULE
Mr. Pfeil stated the next regular meeting date is May 6, 2009, but this meeting will probably be
canceled, so the next meeting would be May 20, 2009.
PUBLIC COMMENTS AND QUESTIONS—None
STAFF REPORT—None
NEW BUSINESS—None
ADJOURNMENT
Moved by Commissioner Smith, seconded by commissioner Weinstein and carried unanimously
to adjourn. Chairman Ottenheimer adjourned the meeting at 11:10 p.m.
Respectfully submitted,
Fay Rubin, Recording Secretary
APPROVED BY:
LESTER OTTENHEIMER, Chair