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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