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Plan Commission Packet 2010 11-10-10 2`74�'*.0 car o United City of Yorkville JUT A 800 Game Farm Road esr Z � J 1836 Yorkville, Illinois 60560 -� Telephone: 630-553-4350 Fax: 630-553-7575 �r+.eec ceury `� PLAN COMMISSION AGENDA Wednesday, November 10, 2010 Yorkville Public Library 902 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous meeting minutes: July 14, 2010 ------------------------------------------------------------------------------------------------------------ Public Hearings 1. PC 2010-12 James Christofferson and Jennifer Schwarz, petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Planned Unit Development Agreement dated June 11, 1998 for the purpose of rezoning the three (3) parcels on Van Emmon Street (Lots 1, 2 and 3) from the United City of Yorkville R-21) Duplex PUD to B-2 General Business District. The real property consists of a total of approximately 1.02 acres located south of Van Emmon Street and west of Hydraulic Avenue, Yorkville, Illinois. Action Item i. PUD Amendment for Rezoning 2. PC 2010-13 Ultimate Sports Bar Inc., on behalf of Post Time Catering, Inc., Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting to amend Title 10, Chapter 7, Article C of the Municipal Zoning Code to define and identify licensed off-track betting and inter-track wagering locations or facilities as an allowed Special Use within the B-2 General Business District. Action Item i. Text Amendment 3. PC 2010-14 Ultimate Sports Bar Inc., on behalf of Post Time Catering, Inc., Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a Special Use within the B-2 General Business District for the purpose of operating an off-track betting facility. The real property consists of approximately 3 acres, located within the Cimarron Ridge (Towns Crossing) development immediately south of Route 34, and immediately west of Cannonball Trail, Yorkville, Illinois. Action Item i. Special Use New Business 4. Plan Commission meeting schedule for 2011. Adjournment Pagel of 2 ORAFt UNITED CITY OF YORKVILLE PLAN COMMISSION Library Historic Room Wednesday, July 14, 2010 7:00pm Commission Members in Attendance: Anne Lucietto, Chairman Clarence Holdiman Michael Crouch Charles Kraupner Sandra Adams Jane Winninger Jack Jones Jeff Baker Tom Lindblom Other City Staff Krysti Barksdale-Noble, Economic Development Director Other Guests Richard Scheffrahn Erick Jenkins, WFI/US Cellular Christine Vitosh, Depo Court Chairman Anne Lucietto called the meeting to order at 7:00pm. Roll call was taken and a quorum was established. Previous Meeting Minutes June 9, 2010 The June minutes were approved on a motion by Crouch and second by Holdiman. Motion carried on a voice vote. Public Hearing 1. PC 2010-08 US Cellular, Petitioner filed an application with the City requesting a Special Use for installation of a new cell tower. The property consists of approximately 1.89 acres located immediately north of Route 34 and immediately east of Eldamain Road. Chairman Lucietto swore in Mr. Jenkins A motion was made by Adams and seconded by Jones to open the Public Hearing at 7:03pm. Voice vote approval. The Hearing was closed at 7:07pm on a motion and second by Crouch and Kraupner. Voice vote approval. (See Court Reporter's Transcript) Page 2 of 2 Discussion Ms. Barksdale-Noble said the landscaping plan has been updated to include 2 other species. Co-location shelters have been addressed and a variance for the access off of Eldamain is being pursued. Mr. Lindblom asked about the industrial site originally planned for this location, however, it was noted it is no longer financially viable. Baker said the Zoning Board of Appeals had approved this cell tower plan 1 week ago. Action Item i. Special Use Jeff Baker made a motion to approve PC 2010-08 with a second from Sandra Adams. Roll call: Crouch-yes, Kraupner-yes, Adams-yes, Winninger-yes, Jones-yes, Baker-yes, Lindblom-yes, Holdiman-yes, Lucietto-yes. Unanimous approval. Additional Business Regarding the Zoning Commission, Mr. Crouch noted there was no quorum for the last meeting and the meeting was cancelled. Chairman Lucietto said the Kendall County Planning Consortium will meet July 29'x' at Minooka at 7pm and the topic for discussion will be residential windmills. Krysti Barksdale-Noble said she will notify Commission members 2 weeks in advance about upcoming meetings, when she receives petitions and Public Notices are needed. She also reported on the proposed Ochoa sports complex and said that the funding has been approved. Ms. Ochoa will work with the engineer when the money is awarded. In another matter, Ms. Barksdale-Nobile summarized the CMAP report in the packets. She said the proposed train station, Prairie Parkway and infrastructure were omitted from the plan. She encouraged Commission members to visit the website and make comments. Also, the micro-brewery item from the last Plan Commission meeting was approved by City Council and one retailer has expressed interest. Also she noted the prior discussion regarding legacy/prior land use stipulations, would have to be reviewed case by case according to the City Attorney. Adjournment There was no further business and Crouch moved and Jones seconded to adjourn the meeting. Adjourned at 7:20pm. Minutes respectfully submitted by Marlys Young PLAN COMMISSION MEETING UNITED CITY OF YORKVILLE, I7L,INOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRIS'T'INE M . VITOSH, C . S . R. , on July 14 , 2010 , at the hour of 7 : 00 p . m. , at 902 Game Farm Road in the City of Yorkville, Illinois . Q-913510 REPO • [.,I" uR:r reporting iervice 1 300 Iroquois Avenue,Suite 205 Naperville,IL 60563 630.983.0030 • Fox. 630-778-4824 e-mail:depocourt®depocourl.aom • www.depocourt.com 2 1 P R E S E N T : 2 MS . ANNE LUCIETTO, Chairwoman, 3 MR. TOM LINDBLOM, 4 MR. CLARENCE HOLDIMAN, 5 MR. MICHAEL CROUCH, 6 MR. CHARLES KRAUPNER, 7 MS . JANE WINNINGER, 8 MR. JACK JONES, 9 MR. JEFF BAKER, 10 MS . SANDRA ADAMS . 11 ALSO PRESENT : 12 Ms . Krysti Noble, 13 Ms . Marlys Young. 14 15 - - - - - 16 17 18 19 20 21 22 23 24 DeposCourt Reporting Service (630) 983-0030 3 1 CHAIRMAN LUCIETTO : We do have one 2 public hearing on our agenda for the day. It is 3 PC 2010-08 . I 'm going to have to swear you in . 4 (The witness was thereupon 5 duly sworn . ) 6 CHAIRMAN LUCIETTO : This is PC 2010-08 . 7 I am looking for a motion to open that . 8 MS . ADAMS : So moved. 9 MR. JONES : Second . 07.04PM 10 CHAIRMAN LUCIETTO : Do we have a second? 11 MR. JONES : Jones . 12 CHAIRMAN LUCIETTO : We have a motion and 13 a second. All in favor say aye . 14 (A chorus of ayes . ) 07:04PM 15 CHAIRMAN LUCIETTO: Not in favor, nay. 16 (No response . ) 17 CHAIRMAN LUCIETTO: We are now in PC 18 2010-08 , U . S . Cellular, Petitioner . 19 ERICK JENKINS, 20 having been first duly sworn, testified as 21 follows : 22 MR. JENKINS : Good evening . My name is 23 Erick Jenkins . I am with U. S . Cellular . The 24 intent of this application is to construct a Depo•Court Reporting Service (630) 983-0030 4 1 quadrant 94--foot monopole galvanized tower upon 2 the property at 1947 Highway 34 , which is also 3 known as the transmission auto place right on the 4 corner at Bldamain and Highway 34 . 07:05PM 5 Inside your packets you see that we 6 have submitted plans and we have received 7 recommendations from the City' s Staff and also the 8 Zoning Board of Appeals . 9 Their recommendations were to 07:05PH 10 increase the landscaping with tree species, to set 11 back the tower to meet the current standardb, and 12 also to widen the -- widen the access road and 13 pave the road to 14 feet in order to meet the 14 county standards, Kendall County standards, of 07:JGPM 15 possibly expanding that Eldamain Road someday. 16 I note there were one other comment 17 that I just quickly read from Staff was for a 18 unified shelter if there are going to be 19 co-locaters in the future, so what we are willing 07:05PM 20 to do is make our shelter co-locatable as well, 21 provide an extension so that it would look like 22 one whole unit in the future . 23 This site will be co-locatable for 24 our competitors, not only competitors, but also Depo-Court Reporting Service (630) 983-0030 5 1 wireless internet, and if there is any need from 2 the local officials , police and tire, we will also 3 work out a deal to put them on as well . 4 I know there is a couple staff 07:06PM 5 reports and a couple questions that you may have 6 in regards to the design and marketabi.l y of the 7 site, along with the need at the site. I am able 8 to answer any of those questions at this time . 9 CHAIRMAN LUCIETTO : Is that everything 10 you have for us? 11 MR. JENKINS : 12 CHAIRMAN LUCIETTO : Okay. 13 MR. JENKINS : Yes . 14 CHAIRMAN LUCIETTO : Can I have a 0'7:07PN. 15 motion -- Does anyone in the audience have any 16 questions? 17 (No response . ) 18 CHAIRMAN LUCIETTO : No one in the 19 audience has any questions . I would like 03:07PM 20 entertain a motion to close PC 2010-08 . 21 MR . COUCH : So moved . 22 CHAIRMAN LUCIETTO : Do we have a second? 23 MR, KRAUPNER: Second. 24 CHAIRMAN LUCIETTO : All in favor, aye . Depo•Court Reporting Service (630) 983--0030 6 1 (A chorus of ayes . ) 2 CHAIRMAN LUCIEITO : Not in favor, nay. 3 (No response . ) 4 CHAIRMAN LUCIETTO : PC 2010--08 is now 01:0 7PM 5 closed . 6 (Which were all the 7 proceedings in the 8 public hearing portion 9 of the meeting . ) 07:G7PM 10 - 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo-Court Reporting Service (630) 983-0030 7 1 STATE OF ILLINOIS ) ) SS . 21 COUNTY OF LA SALLE ) 3 I , Christine M . Vitosh, a Certified 4 Shorthand Reporter, do hereby certify that I 5 reported in shorthand the proceedings had at the 6 hearing of the above--entitled cause and that the 7 foregoing Report of Proceedings , Pages 1 through 8 8 , inclusive, is a true, correct, and complete 9 transcript of my shorthand notes so taken at the r; time and place aforesaid. I Further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit, nor am I in any way related 14 to any of the parties to this suit, nor am I in 15 any way interested in the outcome thereof . 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof, signed and 19 certified under my hand only . I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction . 22 23 24 Depo•Court Reporting Service (630) 983-0030 8 1 In testimony whereof, I have 2 hereunto set my hand this 9th day of August, A. D. , 3 2010 . 4 aix-&C- A "" 5 `—, 6 Christine M. 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Barksdale-Noble, Community Development Director esr 3838 CC: Bart Olson, City Administrator .� Date: November 4, 2010 0; n, Subject: PC 2010-12—Christofferson/Schwarz <CE vV Request for PUD Amendment for Rezoning Petitioners' Request: The petitioners, James Christofferson and Jennifer Schwarz, are requesting an amendment to an existing Planned Unit Development Agreement for Lots 1, 2 and 3 East Van Emmon Road for the purpose of rezoning the lots from R-2 Duplex PUD to B-2 General Business District. Each Iot is approximately 15,000 square feet (100' x 150') for an overall total of 1.03-acres. Background: The three parcels (Lots 1, 2 and 3 E. Van Emmon Road) were zoned R-2 Duplex PUD per Ordinance No. 1998-20 (refer to attached) Authorizing the Execution of the Kuczskowski Planned Unit Development Agreement dated June 11, 1998. Although the PUD Agreement was executed by the previous owners of the subject parcels, it is binding upon the current owners of the property and is in effect until June 11, 2018. Some stipulations of the agreement include the following: A. Minimum Lot Size of 14,000 square feet. B. Property shall not be improved with more than 6 units of housing. C. Be subject to a development plat and detailed site plan containing setbacks, heights of buildings not to exceed those set out in the R-2 Duplex zoning at the time commencement of construction is made. Developer shall further dedicate an additional 7 feet to the right-of-way along Van Emmon Road to a total of 40 feet on the developer's side of the centerline. D. Specific development and design criteria regarding the construction of duplex units. E. The existing drainage ditch on the property will be made to control the PUD's stormwater runoff. After being granted PUD approval for a townhome development, the former owners submitted preliminary site plans to the city but never received final plat approval. No redevelopment of the site ever occurred, and the parcels remain vacant with dense forestation. This area is also challenged with steep topography and stormwater drainage issues. Recently, the city oversized a watermain along Van Emmon to accommodate the Kendallwood Estates development and proposes the future construction of a 10-foot wide trail across the frontage of these parcels. B-2 General Business Zoning Comments: Staff has analyzed the existing land uses and zoning surrounding the subject parcels in consideration of the proposed rezoning from a residential land use to a commercial land use. The following chart provides details of those land uses: Existing Zoning Existing Land Use Comments • Van Emmon Road is a two-lane roadway in this area between Mill Street and Woodland Drive. Similar in character to a local residential street used primarily Van Emmon Rd. for access to abutting properties. N/A • Transportation land use defined as a "Major Collector' in the Comprehensive Plan. North • Major Collectors are considered main traffic thoroughfares which facilitates 12,000 ADT. M-1 Limited Manufacturing Residential Single-family dwelling located at 325 E. Van Emmon Road. Manufacturing/ Titan Injection Parts & Services- Food M-1 Limited Manufacturing Industrial products machinery located at 319 E. Van Emmon Road. South R-2 One Family Residence Residential/Wooded Single-family dwelling located at 328 E. Van Emmon Road. R-2 One Family Residence Residential/Wooded Radiator and Repair business(Special Use East B-4 Business District(Special Commercial Business Permit-Ord. 1988-17) Use R-3 General Residential Residential property. Possibly multi-family West District Residential dwellin . Bulk Requirements Since the proposed rezoning request does not have a site/development plan a detailed review of the B-2 General Business District bulk regulations was not required. However, any future land use proposed on the parcels must comply with the permitted or special uses listed in Section 10- 7C-1 and 10-7C-2 of the zoning ordinance that were in effect as of the date of the petitioner's application for PUD Amendment (see attached). The following B-2 bulk regulations will also apply: • Minimum lot requirement of 10,000 square feet; • Maximum lot coverage of 80%; • Maximum building height of six (6) stories or eighty-feet (80'), whichever is lower; • A required transitional yard of thirty feet (30') along the eastern boundary of Lot 3 due to its adjacency to an R-2 zoned property. A transitional yard is not required between B-2 zoned properties and properties zoned R-1 or R-2. • Required side yard setback of 20 feet and a rear yard setback of 20 feet. • Although there is no required front yard setback within the B-2 zoning district, staff recommends a minimum 10-foot wide setback from the proposed new right-of-way to remain consistent with the existing residential character of the neighborhood, particularly the residence to the west. This recommended setback also allows for adequate separation/clearance between the building frontage and proposed future trail. Recent Trends in Development in General Area: • In 1988, the parcel immediately adjacent to the east of Lot 3 of the subject parcels was rezoned from R-2 One-Family District to B-4 Special Use for a radiator repair business. • In 2005, the River Oaks Development located just east of the subject parcels at the southeast and south west corners of E. Van Emmon and Benjamin Street were rezoned from R-1 One-Family Residence District to B-2 General Business District. Other Code/Ordinance Considerations: • Comprehensive Plan - The parcels are located within an area designated as "Traditional Neighborhood within the 2008 Comprehensive Plan. The character for the Traditional Neighborhood designation is residential with anticipated infill development. • TIF District — The parcels are located within the Yorkville Downtown Tax Increment Finance (TIF) district. Land uses identified in the Redevelopment Plan for the TIF call for a "Mixed Use District: Residential, Commercial. Public. Institutional. Open Space and Recreational". • Appearance Code — Any future building are subject to the provisions in the City's Appearance Code (Ord. 2005-51). • Landscape Ordinance - Any future development will be subject to the provisions in the City's Landscape Ordinance. Staff Recommendations: Based upon the existing surrounding land use and the recent trend in development from residential to commercial zoning within the area, staff recommends approval of the request subject to the following: • If a unified development plan is proposed for the entire approx. 1-acre area, the lots should be consolidated into one-single parcel, to ensure only one primary structure is located on the lot. • Any future land use proposed on the parcels must comply with the permitted or special uses listed in Section 10-7C-1 and 10-7C-2 of the zoning ordinance that were in effect as of the date of the petitioner's application for PUD Amendment. • DeveIoper shall dedicate an additional seven (7) feet to the right-of-way along Van Emmon Road for a total of 40 feet on the developer's side of the centerline to accommodate a future 10-foot wide trail across the frontage of Van Emmon Road. • Maintain a minimum 10-foot wide front yard setback from the proposed new right-of- way. • Developer should provide a recapture payment for the portion of the recent watermain over-sizing cost proportionate to the frontage of the parcels which staff estimates as $10,156.16.' Total length of 16" watermain was 1.489 linear Feet. (101,605/1489= $68.24 per linear foot). The cost is equally distributed along both sides of Van Emmon (68.2412 =$34,12 per frontage Font).The total frontage of the Christofferson parcels is 297.66 feet,therefore 297.66 x 34.12=$1 0,156.16. Findings of Fact; In considering rezoning requests, the Zoning Ordinance requires the Plan Commission to make findings based upon the evidence presented to it in each specific case with respect to the following matters: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11-4-1976) Additional factors to be considered for an amendment to a zoning ordinance as determined by the `LaSalle' case should also be considered. These factors are as follows: 1) The existing uses and zoning of nearby property; 2) The extent to which property values are diminished by the particular zoning restrictions; 3) The extent to which the destruction of property values of plaintiff promotes the health, safety, morals, and general welfare of the public; 4) The relative gain to the public as compared to the hardship imposed upon the individual property owner; 5) The suitability of the subject property for the zoned purposes; 6) The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property; 7) The community need for the proposed use; and, 8) The care with which the community has undertaken to plan its land use development. Sterling Codifiers, Inc. Page 1 of 3 ARTICLE C. B-2 GENERAL BUSINESS DISTRICT 14-7C-1: USES PERMITTED: All uses permitted in the O and B-1 Districts. Appliances-sales. Army/Navy surplus sales. Art gallery-art studio sales. Art supply store. Auditorium. Automatic food service. Automobile accessory store. Automobile rental. Bicycle shop. Billiard parlor. Blueprint and photostat shop. Bowling alley. Carry-out food service. Catalog sales office. Clothing store-all types. Dance hall. Department store. Discount store. Drygoods store-retail. Floor covering sales Furniture sales-newfused. Hardware store. Health club or gymnasium. Hotel. Interior decorating studio. Junior department store. Leather goods. Locksmith Motel. Music,instrument and record store. Newspaper publishing. Office equipment and supply sales. Painttwatlpaper store. Pawnshop, Personal loan agency. http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&chapter id=16190&ke... 11/4/2010 Sterling Codifiers, Inc. Page 2 of 3 Pet store. Picture frame store Radio and television studios. Reducing salon,masseur and steam bath. Sporting goods. Slationery. Taxidermist. Theater. Toy store. Typewriter-sales and repair. Variety store. Watch and clock sales and repair. Weaving and mending-custom.(Ord. 1973-56A,3-28-1974;amd. 1994 Code) 10-7C-2: SPECIAL USES: All special uses permitted in the B-1 District. Apartments,single-family,located in business buildings. Gasoline service station. Marina.(Ord.1973-56A,3-28-1974;amd.Ord.1994-1 A,2-10-1994) 10-7C-3: LOT AREA: No lot shall have an area less than ten thousand(10,000)square feet.(Ord.11986-1 1-9-1986) 10-7C-4:YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building,structure or enlargement: A.Front Yard:No minimum front yard shall be required (Ord.1973-56A,3.28-1974) B.Side Yards: 1.A minimum side yard shall be required between buildings within the B-2 District of twenty feel(20')between a building constructed thereon and the side lot line except in any existing B-2 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings,except where a side yard adjoins a street,wherein a minimum side yard of not less than thirty feet(30')shall be required. 2.The Zoning Board of Appeals may,upon application,grant a variance to any petitioner seeking to vary the side yard requirements in a B-2 District if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of theparcel or development sought thereon.(Ord, 1986-1, 1.9-1986,amd. 1994 Code) C. Rear Yard:A rear yard of not less than twenty feel(20'),(Ord. 1973-56A,3-28-1974) D.Transitional Yards:Where a side or rear lot line coincides with a residential district zone,a yard of not less than thirty feet(30')shall be required. A transilional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 One-Family Residential.(Ord,1973-56A,3- 28-1974;amd.Ord. 1987-1.2-12-1987) http:11 www.sterlingeodifiers.eom/codebook/getBookData.php?id=&chapter_id=16190&ke... 11/4/2010 Sterling Codifiers, Inc. Page 3 of 3 10-7C-5: LOT COVERAGE: Not more than eighty percent(80%)of the area of the zoning lot may be occupied by buildings and structures,including accessory buildings.(Ord. 1973-56A,3-28-1974) 10-7C-6: MAXIMUM BUILDING HEIGHT: A.No building or structure shall be erected or altered to exceed a maximum height of six(6)stories or eighty feel(80'),whichever is lower. B.No building or structure shall be erected or altered to exceed a maximum height of three(3)stories or thirty five feet(35')within the`downtown area"as described by exhibit A,attached to the ordinance codified herein.(Ord.2006-67,8-8-2006) 10-7C-7: OFF STREET PARKING AND LOADING: All in accordance with regulations set forth in chapter 11 of this title.(Ord.1973-56A,3-28-1974) Footnotes-Click any iootnote link to go buck to its reference. Footnote 1:See Section 10-711- of this Chapter. httpJ/www.sterlingeodifiers.com/codebook/getBookData.php?id=&chapter_id=I 6140&ke... 11/4/2010 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL i or ) f=iled d far Record in KENDALL COUNtY7 ILLINOIS PAUL ANDERSON 09--11-LQ03 At 12:;86 PM. ORDINANCE 21.00 ORDINANCE NO. 1998- oZD AN ORDINANCE AUTHORIZING THE EXECUTION OF THE K-UCZSK0WS1a PLANNED UNTT DEVELOPMENT AGREEAUENT WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County,Illinois,that a certain Planned Unit Development Agreement pertaining to the development of the real estate described on Exhibit"A', attached hereto and made a part hereof,be entered into by the UNITED CITY OF YORKVILLE and WHEREAS said Planned Unit Development Agreement has been drafted and has been considered by the City Council; and WHEREAS,the legal owner of record of the territory which is the subject of said Agreement and its developer are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS AS FOLLOWS: That the Mayor and City Clerk are herewith authorized and directed to execute on behalf of the City a Planned Unit Development Agreement concerning the development of the real estate described therein, a copy of which Planned Unit Development Agreement is attached hereto and made a part hereof. PASSED at a regular meeting of the City Council of the UINTTED CITY OF YORKVU.L.E on the-'A day of 11,14 1998. SIGNED and APPROVED by me,as Mayor,this- [ &Y of " � , 1998. ATTEST: CITY CLERK LSEAL) Prepared by: Law Offices of Daniel J. Kramer I I 07 S. Bridge Street Yorkville, Illinois 60560 630.553.9500 F:(CLIEWSICITYOFYOIKUCZKOw lordince.wpd �.•I.�r K S b-�t C� 800 1�yK—LILLLer �L L,o °U STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) UNITED CITY OF YORKVILLE PLANNED UNIT DEVELOPMENT AGREEMENT (.KUCZKOWSKI) NOW COMES the OWNER Bonnie Kuczkowski and DEVELOPER Keith Kuczkowski, (both hereinafter referred to as Developer) developer of certain real property described in the attached Exhibit"A", and the United City of Yorkville, an Illinois Municipality,who does hereby enter into this written Planned Unit Development Agreement upon the following terms and conditions and in consideration of the various agreements made between the parties agree as follows: I. Whereas each party agrees that it is in the best interest of Developer and the City to develop the subject real property described in the attached Exhibit"A" as a Planned Unit Development; and 2. Whereas each party agrees that it is in the best interest of the Iocal government bodies effected and the Developer to provide for specific performance standards in the development of the subject property; and 3. Whereas each party agrees that a substantial impact will be had on the services of the United City of Yorkville by developing said subdivision; and -1- 4• Whereas,the Developer has agreed to perform certain conditions substantially above those requirements made by the United City of Yorkville; NOW THEREFORE, the parties agree as follows: A. The subject property shall be re-zoned from R-2 Single Family Residential, to R-2 Duplex PUD under Section 10-6C-1 of the Yorkville Municipal Code. Minimum Lot Size shall be 14,000 square feet. B. That said property shall not be improved with more than 6 units of housing. C. That the development of the property shall be subject to a development plat and detailed site plan containing setbacks,heights of buildings not to exceed those set out in the City of Yorkville's R-2 Duplex Zoning Ordinance at the time commencement of construction is made. Developer shall further dedicate an additional 7'to the Right of Way along Van Emmon Road to a total of 40' on the developer's side of the centerline. D. That each Duplex Unit shall have: 1. 2 car garages 2. 100% of the front of the first floor exterior in stone or brick 3. Minimum square footage of. a. Ranch: 1200 Square Feet b. Two Story: 1500 Square Feet 4. Roof slopes should be a minimum of 6:12 5. All trees over 12" in diameter on the site are to be located and preserved except for box elder trees. Any 12" tree within the building envelope may -2- be removed with approval from the building inspector as per the approved plan. Once construction is completed by Developer, the duplex purchasers may remove the trees without restriction. E. That the existing drainage ditch on the property will be made to control the PUD's storm water runoff. Any future subdivision of Developer's adjacent property will require submission of a detailed water engineering plan taking into account these three lots subject to the PUD and Developer's adjacent property. F. That approval of this Planned Unit Development Agreement anticipates that the Developer shall submit a development plat of subdivision as well as the above referenced plans prior to commencement of any construction. G. This agreement shall be binding upon the successors, heirs, and assigns of each party hereto. H. If any portion of this agreement were determined to be invalid the remaining portions thereof shall be in full force and effect between Developer and the City. Y. That Developer acknowledges that both City Land Cash Contributions and City Transition Fees shall be charged per the current Land Cash and Transition Fee Ordinances. T. That the Developer acknowledges and agrees to comply with all provisions of the Yorkville Subdivision Control Ordinance for all matters not specifically excepted by this PUD Agreement. -3- IN WITNESS WHEREOF, the undersigned parties have executed this agreement this day of_ _ 1998. UNITED CITY OF YORKVILLE MAYOR v CITY CLERK ONNIE KUCZK SKI, O er ITH KO SKI,Developer Prepared by: Law Offices of Daniel J.Kramer 1107A S. Bridge Street Yorkville, IL 60560 630-553-9500 -4- EXHIBIT"A' Legal Description Parcel Number#05-39-326-001 Lots 1,2, and 3 of the Van Emmon Street Addition to the United City of Yorkville, Kendall County, Illinois in the Western Half of Section 33, Township 37 North, Range 7 East of the Third Principal Meridian according to the Plat thereof Recorded on January 5, 1994 as Document Number 9400176. -5- LAW OFFICES OF Daniel J. Kramer 1107A SOUTH BRIDGE STREET DANIEL J. KRAMER YORKVILLE, ILLINOIS 60560 KELLY A. HELLAND (630)553-9500 D.J. KRAMER Fax: (630)553-5764 November 2, 2010 Krysti Barksdale-Noble United City of Yorkville 800 Gaine Farm Road Yorkville, IL 60560 RE: Christofferson Dear Krysti: Enclosed please find a clean and highlighted copy of the revised First Amendment to PUD Agreement for Christofferson if you could please place it in the packet for the November 10, 2010 Plan Commission. Should you have any questions or require any further documentation please feel free to contact me. Very truly yours, Daniel J. Kramer, Attorney at Law DJK/cth Enclosure i STATE OF ILLINOIS ) Revised November 2 2010 )SS. COUNTY OF KENDALL ) FIRST AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT NOW COMES the owners of the real property legally described in the attached Exhibit "A"incorporated herein by reference,JAMES CHRISTOFFERSON and JENNIFER SCHWARZ,and the UNITED CITY OF YORKVILLE,an Illinois Municipal Corporation who do hereby enter into this First Amendment to written Planned Unit Development Agreement,and in support thereof state as follows: 1} Whereas an Ordinance was passed by the UNITED CITY OF YORKVILLE as Ordinance No. 1998-20,approving the Planned Unit Development Agreement for the then owners of the real property described in the attached Exhibit"A"on June 11, 1998;and 2) Whereas,the current owners of said property desire to change the underlying zoning of said property from R-2 Duplex PUD to B-2 General Business District; and 3) Whereas,each party hereto believes that said First Amendment to the Planned Unit Development Agreement and change in the underlying zoning will be of 1 substantial economic benefit to the UNITED CITY OF YORKVILLE and related taxing districts: NOW THEREFORE the parties agree as follows: 1) RECITALS: The parties hereto agree that the recitals contained above are material and significant portion of this First Amendment to the original Planned Unit Development Agreement and shall be enforced as covenants thereof. 2) ZONING: Upon passage of Ordinance approving this First Amendment to Planned Unit Development Agreement,public hearing,and all other acts required to be performed under Illinois Compiled Statutes and the Zoning Ordinance of the UNITED CITY OF YORKVILLE,the zoning of the underlying parcel legally described in the attached Exhibit"A"is hereby modified to be B-2 General Business District,and the original Planned Unit Development Agreement is amended to reflect the new zoning. 3) COMPLIANCE WITH CITY ORDINANCES: In the development of the subject real property,owners shall be required to comply with all terms and conditions of the zoning class of B-2 General Business District,Subdivision Control Ordinance, and all other applicable Ordinances of the UNITED CITY OF YORKVILLE. 4) SAVINGS CLAUSE: Except to the extent hereby modified by this First Amendment to Planned Unit Development Agreement all other terms and conditions of the original Agreement shall remain in full force and affect. 5) MODIFICATION OF ORIGINAL PUD: All references to platting development.- formatted:Bullets andNumbertnq and zoning requirements in the original Planned Unit Development providing for 2 R-2 Duplex PUD Zonim,are hereby modified and shall no loneer he applicable for the submect property. 61 DEVELOPMENT STANDARDS: Although no existing ordinance requirement exists for front yard setback OWNERS/DEVEL.OPERS agree that all front yard properties developed within the parcels affected shall have a minimum front yard setback of 10 foot. 7 RIGHT-OF-WAY DEDCIATION: In order to accommodate possible turn lanes and uideninV of Van Emmon Street_OWNERS/DEVELOPERS agree to dedicate at the time of Final Plat of Subdivision 7 feet alon y the frontage of the subiect parcels for expansion of Right-of-Way u oses_IN WITNESS WHEREOF,the parties have executed this First Amendment to Planned Unit Development Agreement this day of 20 SIGNED and APPROVED by me,as Mayor,this day of 20 Mayor Attest: City Clerk 3 i Owners: James Christofferson Jennifer Schwarz Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, 1L 60560 630-553-9500 4 STATE OF ILLINOIS ) Revised November 2, 2010 ) SS. COUNTY OF KENDALL ) FIRST AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT NOW COMES the owners of the real property legally described in the attached Exhibit "A" incorporated herein by reference, JAMES CHRISTOFFERSON and JENNIFER SCHWARZ, and the UNITED CITY OF YORKVILLE, an Illinois Municipal Corporation who do hereby enter into this First Amendment to written Planned Unit Development Agreement, and in support thereof state as follows: 1) Whereas an Ordinance was passed by the UNITED CITY OF YORKVILLE as Ordinance No. 1998-20, approving the Planned Unit Development Agreement for the then owners of the real property described in the attached Exhibit "A" on June 1 l, 1998; and 2) Whereas, the current owners of said property desire to change the underlying zoning of said property from R-2 Duplex PUD to B-2 General Business District; and 3) Whereas, each party hereto believes that said First Amendment to the Planned Unit Development Agreement and change in the underlying zoning will be of 1 substantial economic benefit to the UNITED CITY OF YORKVILLE and related taxing districts: NOW THEREFORE the parties agree as follows: 1} RECITALS: The parties hereto agree that the recitals contained above are material and significant portion of this First Amendment to the original Planned Unit Development Agreement and shall be enforced as covenants thereof. 2) ZONING: Upon passage of Ordinance approving this First Amendment to Planned Unit Development Agreement, public hearing, and all other acts required to be performed under Illinois Compiled Statutes and the Zoning Ordinance of the UNITED CITY OF YORKVILLE, the zoning of the underlying parcel legally described in the attached Exhibit "A" is hereby modified to be B-2 General Business District, and the original Planned Unit Development Agreement is amended to reflect the new zoning. 3) COMPLIANCE WITH CITY ORDINANCES: In the development of the subject real property, owners shall be required to comply with all terms and conditions of the zoning class of B-2 General Business District, Subdivision Control Ordinance, and all other applicable Ordinances of the UNITED CITY OF YORKVILLE. 4) SAVINGS CLAUSE: Except to the extent hereby modified by this First Amendment to Planned Unit Development Agreement all other terms and conditions of the original Agreement shall remain in full force and affect. 5) MODIFICATION OF ORIGINAL PUD: All references to platting, development, and zoning requirements in the original Planned Unit Development providing for 2 R-2 Duplex PUD Zoning are hereby modified and shall no longer be applicable for the subject property. b) DEVELOPMENT STANDARDS: Although no existing ordinance requirement exists for front yard setback, OWNERS/DEVELOPERS agree that all front yard properties developed within the parcels affected shall have a minimum front yard setback of 10 foot. 7) RIGHT-OF-WAY DEDCIATION: In order to accommodate possible turn lanes and widening of Van Emmon Street, OWNERS/DEVELOPERS agree to dedicate at the time of Final Plat of Subdivision 7 feet along the frontage of the subject parcels for expansion of Right-of-Way purposes. IN WITNESS WHEREOF, the parities have executed this First Amendment to Planned Unit Development Agreement this day of , 20 SIGNED and APPROVED by me, as Mayor, this day of , 20 Mayor Attest: City Clerk 3 Owners: James Christofferson Jennifer Schwarz Prepared by: Law Offices of Daniel J. Kramer I I 07 S. Bridge St. Yorkville, IL 60560 630-553-9500 4 43 ��� tarry United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone; 630-553-4350 LE tw Fax: 630-553-3436 PC# APPLICATION&PETITION ANNEXATION,PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST Development Name: Christofferson Date of Submission: 10/21/10 Requesting: a Annexation ff Zoning Planned Unit Development Amendment o Special Use: 1. Name ofPetitioner(s): James Christofferson and Jennifer Schwarz Address: 329 Greg6ry, Aurora IL 60504 Phone Number. 630-710-8125 Fax Number: Ema)7 Address: Relationship of Petitioners)to subject property: [(Owner WDeveloper d Contract Purchaser 2. Name of holder of legal tide,i1 different from#1: NIA If legal title is held in a Land Trust,list the names of all holders of any beneficial Intarest therein: 3. a). (I). Street address and physical location of subject property: Lots I, 2, and 3 of Van Emmon Street Addition (ii). Zoning of surrounding parcels: North: M-1 Limited Manufacturing„ South: R--2 One Family Residence district East: 11-4 Business District West: E-1 Estate Residence District b). Legal desrxipdan of property;attach as Exhibit W. c). Total Acreage: d). Kendall County Parcel Number(s)of property: 05-39-178-002, 05-39-178-003 05-39-178-004 e). Current Zoning Classification: R-21) Duplex Two District f). Zoning Classification Requested: B-2 Gener%Il Bulslness District g). Is this property within City limits? X Yes No,requesting annexation United City nrYorkville Anncaaliun.I'M 7aiditS.Spurial Use Application ltaviml: 1.29.01) 44 4. Nernes and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit"W'. 5. list all govemmental entitles or agencies required to receive notice under Illinois law: N/A 6. List the IAtnols Businm Tax Number(I13T#)for the State of Illinois and names of businesses located on subject property to be annexed: N 1A 7. Does a flood plain exist on the subject property? No B. Do Electors reside on the subject property? No If so,they must execute this petition to annex. (Flectors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 0. Contact Information: Name,address,phone number,fax number,and email address of person to whom inquidee regarding this petition may be directed: 1-jaw Offices of Daniel J. lKrampr Attorney: Name: Attorney Daniel J. Kramer Address: 1107A S. Bridge Street, Yorkville, IL 60560 Phone Number. 630-553-9500 Fax Number: 530-553-5764 Email Address: Dkrarner @dankramerlaw,com Engineer. Name: Address: Phone Number: Fax Number: Email Address: Land Planner. Name: Address: Phone Number: Fax Number: Email Address, United City dYarkville Annexation,PUD,Zoning,Special Un Application Kcvisal: 1 29.09 45 14.Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An Incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 35 copies. b. Appropriate filing fee(Please refer to page 4 of this application to"Petitioner Route.Step 1, Fees"and/or contact the Community Development Department for verification of this amount.) c. Concept or Preliminary Site Plan:35 sets folded to fit in s 1 Q'x 13"envelope. d. One CD containing one electronic copy(pdf)of each of the signed application (complete with exhiblits)legal description,and site plan. In witness whereof the following pelitioner(s)have submitted this application under oath and verify that to the best of their knowledge Its contentuu are true and correct and swear that the properly to be annexed Is contiguous to the United City of Yorkville. Date: I 3 c2t) o Petitioners)Signature: (All legal property owners.sign tares must app Mr on this application.) Subscribed and sworn to before me this -day of .20C r. Notary Seal THIS APPL1MION MUST BE NOTARIZED. gl�tCtAl.t� oorvnra s.� �„y t�_sr�ts of xwtar yly c�Ornm�ion Fatpirni Jtin os,zofa Uniied C'ilyorYorkvilte Annexation,KJD,Zoning.$xcial USe Application Revised: 1.29.09 46 ANNEXATION,PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application,fees*and all pertinent materials to the Community Development Department a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner Is responsible for making submittals to other review agencies such as Kendall County,Illinois Department of Transportation,Illinois Department of Natural Resources,U.S.Army Corps of Engineers,etc.,to allow timely review by City. 'Fees: a. Annexation or Annexation and Rezoning-$250 plus$10 per acre for each acre over 5 acres b. Rezoning only-$200 plus$10 per acre for each acne over 5 acres c. Special Use-$250 plus$10 per acre for each acre over 5 acres d. Engineering Review Fees-1.25%n of the approved engineers estimate of cost of all land Improvements,to be determined by Chy Engineer. e. Planned Unit Development fee-5500 f. Engineering Review Deposit-up to 1 acre=$1,000; over 1 acre but not over 10=$2,500 over 10 acres,but not over 40 a$5,000 over 40 acres,but not over 100=$10,000 over 100 acres=$20,000 g. Deposit for Outside Consultants-under 2 acres=$1,000 2 to 10 acres= $2,500 over 10 acres=$5,000 Note: Owner/Developer will be responsible for payment of recording fees and costa,public hearing coats including a written transcription of public hearing and outside consultant costs(i,e.legal review,land planner, zoning coordinator,environmental,etc.). Should Owner/Developer not pay these fees directly,they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: you must present your plan at each of the mmidngs below as indicated. Step 2: ,Plan Councll: The Plan Council meets the 2n6 and 4e Thursday of the month at 9:00 a.m.in the city conference Room. Upon recommendation by the Plan Council,you will move forward to the Plan Commission Meeting. Attendees to this meeting include: Community Development Director,City Engineer,Zoning Official,Public Worts Director,Director of Parks and Recreation, Fire Departmenl Representative,and Police Department representative. Stop 3: Park Beard planning meeting: The Park Board makes recommendations on any park sites included in residential developments. The Park Board planning meeting Is the 4th Thursday of each month at 7.00 p.m. at the Parks and Recreation Office at 201 W.Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the 2nd Wednesday of each month at 7:00 p.m.in the Yorkville public library at 902 Game Farm Road, The Men Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor A public hearing will be held at this time for the Annexation Agreement end/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the petitioner to adjacent property owners within 500 fLof the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be Illed by the pelitioner with the Community Development Department's office containing the names,addresses and permanent parcel numbers of all property owners. United City orYorknllc Annexation.PUU,Zoning.Sr ial Ux Aprtlicatim Revised; 1.29114 47 step 5-Economic Development Comlttee: The Economic Development Committee meets the 1 st Tuesday of the month at 7:00 p-m.in the Conference Room at City Hell. The project will be discussed in an informal atmosphere where no formal voting takes place. This session Is to discuss and consider recommendations of prior committee meetings. Step 6: City Co u 'A public hearing is required for annexation or PUD agreements. The City Council meets the or Vt Tuesday of the month at 7:00 p.m.in the Council Chambers at City Hall. A public hearing Will be held at this time for the Annexation Agreement andfor Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville In the Kendall County Record. A certified mailing to surrounding landowners is not required for this public heading. Any annexatlon agreement,PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Agreement: I understand and accept all requirements,fees as outlined as weQ as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original(retaining a copy for your records)to the Community Development Department,United City of Yorkville,800 Game Farm Road, orkville, Illinols QQ560, Date: 1 10 D� ignature of Petitio r U uaitw City or Yorkville Annculion,MD.Zartirt&Speciet Use Appliratiat Revi;cd: 1.24.07 LEGAL DESCRIPTION LOTS 1,2,AND 3 OF VAN EMMON STREET ADDITION,CITY OF YORKVILLE, COUNTY OF KENDALL,ILLINOIS a�nr I 1:¢ Arlk 6 ■ ox i 3 t a Parcel L al Descri tion Owner 05-39-178-002 LT 1 VAN EMMON STREET ADDN. CITY OF YORKVILLE Christofferson, James F. 05-39-178-003 LT 2 VAN EMMON STREET ADDN. CITY OF YORKVILLE Schwarz,Jennifer 05-39-178004 LT 3 VAN EMMON STREET ADDN. CITY OF YORKVILLE Christofferson, James F. f r ,I r I M M -EVanEmmonSt-- - - - - - - - - - fl L! I, I f C2 N °E . '~CC Midge St _ m n F�l L r � I f �+ - - ` -E FOX-St �, �r- a M I�1 CMS �M� M Christofferson/Schwarz Rezoning PC2010-12 500 Foot Buffer i Ch risoffe rso n-Schwarz Rezoning PC2010-12 P1Ns 02-33-153-009 02-33-377-002 02-33-156-004 02-33-377-003 02-33-156-006 02-33-377-004 02-33-156-007 02-33-377-005 02-33-156-008 02-33-501-001 02-33-156-009 02-33-156-014 02-33-156-015 02-33-156-016 02-33-176-001 02-33-176-002 02-33-177-001 02-33-177-002 02-33-177-004 02-33-177-005 02-33-177-006 02-33-177-008 02-33-177-009 02-33-177-011 02-33-177-012 02-33-177-013 02-33-177-014 02-33-177-015 02-33-177-016 02-33-177-017 02-33-178-001 02-33-178-002 02-33-178-003 02-33-178-004 02-33-307-002 02-33-307-003 02-33-307-004 02-33-307-005 02-33-307-007 02-33-307-008 02-33-307-009 02-33-307-010 02-33-307-011 02-33-307-012 02-33-308-003 02-33-308-004 02-33-308-005 02-33-308-006 02-33-326-004 02-33-326-008 02-33-376-014 02-33-377-001 PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2010-12 NOTICE IS HEREWITH GIVEN THAT, James Christofferson and Jennifer Schwarz, petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Planned Unit Development Agreement dated June 11, 1998 for the purpose of rezoning the three (3) parcels on Van Emmon Street (Lots 1, 2 and 3) from the United City of Yorkville R-21) Duplex PUD to B-2 General Business District. The real property consists of a total of approximately 1.02 acres located south of Van Emmon Street and west of Hydraulic Avenue, Yorkville, Illinois. The legal description is as follows: LOTS 1, 2, AND 3 OF VAN EMMON STREET ADDITION, CITY OF YORKVILLE, COUNTY OF KENDALL, ILLINOIS. The form of the amended Planned Unit Development Agreement is on file with the City Clerk. You are further notified that the proposed agreement may be changed, modified, amended or redrafted in its entirety after the public hearing. NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, November 10, 2010 at 7 p.m. at the Yorkville Public Library, 902 Game Farm Road, Yorkville, Illinois, 60560. The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. JACQUELYN MILSCHEWSKI City Clerk BY: Lisa Pickering Deputy Clerk CITy Memorandum To: Plan Commission From: Krysti J. Barksdale-Noble, Community Development Director Fsr 1 _�7s3s CC: Bart Olson, City Administrator Date: November 4, 2010 ;o �� �� '� 4 a 0 Subject: PC 2010-13 - Text Amendment to identify an Off-Track Betting (OTB) facility as an allowed Special Use within the B-2 General Business District. Petitioner's Request: Ultimate Sports Bar, Inc. on behalf of Post Time Catering, Inc. has submitted an application to amend the City's zoning ordinance to identify an off-track betting (OTB) facility as an allowed use within the B-2 General Business District. The applicant is also seeking under a separate request Special Use approval to operate an OTB facility in the Ultimate Sports Bar located within the Towns Crossing retail development pending the Plan Commission's recommendation of the proposed text amendment. State Regulation of Off-Track Betting (OTB) Facilities: Off-track betting (OTB) facilities, also referred to as inter-track wagering locations, are regulated under the Illinois Horse Racing Act of 1975, as amended, and enforced by the Illinois Racing Board. Under this legislation, racetracks are each granted up to six (6) licenses to own and operate locations in the state where patrons wager on the outcomes of real-time televised horse races taking place at an Illinois race track or an authorized track outside the state. Currently, there are six (6) racetracks in Illinois and approximately twenty-five (25) off-track betting facilities.2 According to the Illinois Horse Racing Act, off-track betting facilities may only be located in areas that are zoned for commercial or manufacturing purposes or as a special use. Further, OTBs are prohibited at any location within 500 feet of an existing church, school, or residences of 50 or more registered voters without receiving written permission from a majority of the registered voters of the residences. In August 2009, the Illinois Horse Racing Act was amended to clarify "schools" the facilities may not be located near are elementary or secondary public or private schools recognized by the State Board of Education. Possibly as a response to the citing requirements, a recently growing trend in OTB facilities is to establish joint-venture partnerships with neighborhood sports bars and/or restaurants. The sports bar and/or restaurant provides the venue for patrons of the OTB to dine, place wagers and view live horse racing broadcasts on television monitors located throughout the facility. Accordingly, state law requires the entity of the partnership selling or providing the food and beverages as part of the OTB operation, referred to as a"concessionaire", to also be licensed by the Illinois Racing Board. Aside from the sales tax revenue generated from the food establishment component, OTB facilities are required to pay a monthly I% City Tax Contribution and 1% County Tax Contribution of all wagers handled at their location. In 2009, wagering at off-track betting facilities in Illinois generated approximately $396 million, of which $7.92 million was revenue collected by local city and county government ($3.96 million each). 3 Fairmont Park is entitled to seven(7)licenses. Illinois Racetracks and OTB Facilities as of March 1,2010 cited in the Illinois Racing Board 2009 Annual Report(pg.5) 'Source:Summary of Surcharges and Revenues to Local Governments from Off Track Parlors in 2009 cited in the Illinois Racing Board 2009 Annual Report(pg.21). B-2 General Business District: As proposed, off-track betting facilities would be allowed as a special use o_ my within the B-2 General Business District which is consistent with state requirements and be defined as follows: Off-Track Betting (OTB) Facility: an inter-track wagering_facility or location licensed by the Illinois Racing Board whose physical premises, structure and equipment is utilized_for the legal wager on the outcome of a simultaneously televised horserace taking place at an Illinois race track or a race track outside of Illinois as prescribed in the Illinois Horse Racing Act of 1975 as amended.4 Since the City of Yorkville's zoning districts are cumulative, meaning all special uses permitted in the B-2 General Business District are also permitted in the B-3 and B-4 District (see attached), staff proposes excluding/prohibiting OTBs from these districts. Not only is the proposed OTB operation more compatible with the retail/service type uses of the B-2 District, but a majority of the B-2 zoned are located along Il Rte. 47 and US 34 conducive for higher volumes of traffic and easy vehicular accessibility during special horseracing events. Based upon the citing requirements of the Illinois Horse Racing Act, staff estimates there are approximately 77 parcels of the 93 parcels currently zoned B-2 that could be considered for an OTB facility. The attached map illustrates the locations within the City that meet the citing criteria should the proposed text amendment be approved. Staff is also proposing that OTB facilities be an ancillary use only allowed to be located within a restaurant/food establishment and no more 45% of the commercial space's gross floor area can be dedicated for the utilization and operation of the OTB. This is in-line with the business model of new off-track betting facilities and restricts the wagering component from being the primary or sole use. OTB Facilities in Other Communities: Staff has researched the regulation of off-track betting facilities in other Illinois communities such as The Foundry in Aurora, Stoney Point Grill in Mokena, and Adam's Sports Bar and OTB in Buffalo Grove. These 0T13 facilities are also located adjacent to or near major arterial roadways and were approved as special uses. The following table provides information about how each surveyed community identifies off-track betting facilities, how they are classified, the zoning district they are allowed in and the date the location opened. This should serve as a guide for the Plan Commission as to how Yorkville's proposed text amendment to allow OTBs as a special use in the B-2 General Business District might compare to other communities. Community Date Identified Use Permitted(P)or Zoning District(s) Location Name)- Opened Special Use SD Allowed B-2 Business General B-3 Business&Wholesale Aurora ('111C 1�rru�tllryl 04/08/05 lntertrack Wagering Facilities SU DC Downtown Core ' M-1 Limited Manufacturing M-2 General Manufacturing Mokena 05/15/03 Off-Track Betting Facility SU C-IA General Commercial Stone Point Grill Huffalo+Grove Inter-Track Wagering Location (Adam's Sporn: Bar 08/03109 SU B-3 Planned Business Center &OTB) (off-track betting} Uorktiille _ ofd"=rrark Betting(0TH) SU B-2 General Business f•ltinraur S' urtr Rcrrl aeili 4 Definition derived from the Illinois Horse Racing Act of 1975 as amended(230 ILCS 5/3.071-3.074) Staff Recommendation Summary: 1. Amend Title 10-7C-2 to identify "off-track betting (OTB)facilities" as an allowed Special Use only within the B-2 General Business District, and exclude/prohibit the use in the B-3 Service Business District and B-4 Business District. 2. Amend Title 10-2-3 of the Zoning Ordinance to include the following definition: 3. Off-Track Betting (OTB) Facility: an inter-track wagering facility or location licensed by the Illinois Racing Board whose physical premises, structure and equipment is utilized.for the legal wager on the outcome of a simultaneously televised horse race taking place at an Illinois race track or a race track outside of Illinois as prescribed in the Illinois Horse Racing Act of 1975 as amended. Off-track betting (OTB) facilities will be ancillary to a restaurant or food establishment, and the OTB component of the facility be no more than forty-five percent (45%) of the gross total floor area. Attachments: 1. Map of parcels currently zoned B-2 General Business District within the United City of Yorkville potentially eligible for an OTB facility. 2. Selected sections of 230 ILLS 5/Illinois Horse Racing Act of 1975. 3. Illinois Racing Board 2009 Annual Report. 4. Chapter 7: Business Districts Article C. B-2 General Business District of the United City of Yorkville's Zoning Ordinance. 5. Copy of Petitioner's Application w/o attachments 6. Copy of Public Notice Ln—d Z—ft C.O. 47 241 .1 It 71 71 k )"A "47 ............. B-2 Zoning Locations a 750 U00 3 OCO Eligible for OTB ter"F"t November Ma NIP P..*. by U.1W Ck,a 230 ILLS 51 Illinois Horse Racing Act of 1975. Page 4 of 80 and engaged in a race over a distance less than 1/2 of a mile. (e) "Thoroughbred horse racing" means the form of horse racing in which each participating horse is a Thoroughbred horse, registered as such with and meeting the requirements of and approved by the Jockey Club of New York (including racing permits issued to foreign Thoroughbred horses) , mounted by a jockey and engaged in races on the flat. Thoroughbred horse racing shall include a steeplechase or hurdle race. (Source: P.A. 82-96. ) (230 ILCS 5/3.07) (from Ch. 8, par. 37-3.07) Sec. 3.07. "Horse race meeting" or "race meeting" or "meeting" shall mean the whole period of time, whether consecutive dates or those instances where nonconsecutive dates are granted, for which an organization license to race has been granted to any one organization licensee by the Board. (Source: P.A. 89-16. eff. 5-30--95.) (230 ILCS 5/3.071) (from Ch. 8, par. 37-3.071) Sec. 3.071. Inter-track wagering. "Inter-track wagering" means a legal wager on the outcome of a simultaneously televised horse race taking place at an Illinois race track placed or accepted at any location authorized to accept wagers under this Act, excluding the Illinois race track at which that horse race is being conducted and excluding advance deposit wagering through an advance deposit wagering licensee. (Source: P.A. 96-762, eff. 8-25-09. ) (230 ILCS 5/3.072) (from Ch. 8, par. 37-3.072) Sec. 3.072. "Inter-track wagering licensee" means any organization licensee receiving a license from the Board to conduct inter-track wagering at the organization licensee's race track, or a facility within 300 yards of the organization licensee's race track. (Source: P.A. 89-16, eff. 5-30-95.) 1230 ILCS 5/3.073) (from Ch. 8, par. 37-3.073) Sec. 3.073. "Inter-track wagering location licensee" means any organization licensee or person having operating control of a racing facility at which pari-mutuel wagering is conducted, receiving a license from the Board as provided in Section 3.072 of this Act to conduct inter-track wagering at a location or locations in addition to those permitted under Section 3.072 of this Act. (Source: P.A. 89-16, eff. 5-30-95.) (230 ILCS 5/3.074) Sec. 3.074. "Simulcast wagering" means a legal wager placed or accepted at any location within Illinois authorized to accept wagers under this Act with respect to the outcome of a simultaneously televised horse race taking place at a race track outside of Illinois. (Source: P.A. 89-16, eff. 5-30-95. ) http://www.i lga.gov/legislation/ilcs/ilcs3.asp?ActlD=1398&ChapterID=25&Print=True 9/17/2010 230 ILLS 51 Illinois Horse Racing Act of 1975. Page 41 of 80 Board, the Board may then issue a license to conduct inter-track wagering and simulcast wagering to such applicant. All such applications shall be acted upon by the Board at a meeting to be held on such date as may be fixed by the Board. (3) In granting licenses to conduct inter-track wagering and simulcast wagering, the Board shall give due consideration to the best interests of the public, of horse racing, and of maximizing revenue to the State. (4) Prior to the issuance of a license to conduct inter-track wagering and simulcast wagering, the applicant shall file with the Board a bond payable to the state of Illinois in the sum of $50,000, executed by the applicant and a surety company or companies authorized to do business in this State, and conditioned upon (i) the payment by the licensee of all taxes due under Section 27 or 27.1 and any other monies due and payable under this Act, and (ii) distribution by the licensee, upon presentation of the winning ticket or tickets, of all sums payable to the patrons of pari-mutuel pools. (5) Each license to conduct inter--track wagering and simulcast wagering shall specify the person to whom it is issued, the dates on which such wagering is permitted, and the track or location where the wagering is to be conducted. (6) All wagering under such license is subject to this Act and to the rules and regulations from time to time prescribed by the Board, and every such license issued by the Board shall contain a recital to that effect. (7) An inter-track wagering licensee or inter-track wagering location licensee may accept wagers at the track or location where it is licensed, or as otherwise provided under this Act. (8) Inter-track wagering or simulcast wagering shall not be conducted at any track less than 5 miles from a track at which a racing meeting is in progress. (8.1) Xnter-track wagering location licensees who derive their licenses from a particular organization licensee shall conduct inter-track wagering and simulcast wagering only at locations which are either within 90 miles of that race track where the particular organization licensee is licensed to conduct racing, or within 3,35 miles of that race track where the particular organization licensee is licensed to conduct racing in the case of race tracks in counties of less than 400,000 that were operating on or before June 1, 1986. However, inter-track wagering and simulcast wagering shall not be conducted by those licensees at any location within 5 miles of any race track at which a horse race meeting has been licensed in the current year, unless the person having operating control of such race track has given its written consent to such inter-track wagering location licensees, which consent must be filed with the Board at or prior to the time application is made. (8.2) Inter-track wagering or simulcast wagering http:/f www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1398&ChapterID=25&Print=True 9/17/2010 230 ILCS 5/ Illinois Horse Racing Act of 1975. Page 42 of 80 shall not be conducted by an inter-track wagering location licensee at any location within 500 feet of an existing church or existing school, nor within 500 feet of the residences of more than 50 registered voters without receiving written permission from a majority of the registered voters at such residences. Such written permission statements shall be filed with the Board. The distance of 500 feet shall be measured to the nearest part of any building used for worship sexvices, education programs, residential purposes, or conducting inter-track wagering by an inter-track wagering location licensee, and not to property boundaries. However, inter-track wagering or simulcast wagering may be conducted at a site within 500 feet of a church, school or residences of 50 or more registered voters if such church, school or residences have been erected or established, or such voters have been registered, after the Board issues the original inter-track wagering location license at the site in question. Inter-track wagering location licensees may conduct inter-track wagering and simulcast wagering only in areas that are zoned for commercial or manufacturing purposes or in areas for which a special use has been approved by the local zoning authority. However, no license to conduct inter-track wagering and simulcast wagering shall be granted by the Board with respect to any inter-track wagering location within the jurisdiction of any local zoning authority which has, by ordinance or by resolution, prohibited the establishment of an inter-track wagering location within its jurisdiction. However, inter-track wagering and simulcast wagering may be conducted at a site if such ordinance or resolution is enacted after the Board licenses the original inter-track wagering location licensee for the site in question. (9) (Blank) . (10) An inter-track wagering licensee or an inter--track wagering location licensee may retain, subject to the payment of the privilege taxes and the purses, an amount not to exceed 17% of all money wagered. Each program of racing conducted by each inter--track wagering licensee or inter-track wagering location licensee shall be considered a separate racing day for the purpose of determining the daily handle and computing the privilege Lax or pari-mutuel tax on such daily handle as provided in Section 27. (10.1) Except as provided in subsection (g) of Section 27 of this Act, inter-track wagering location licensees shall pay 1% of the pari-mutuel handle at each location to the municipality in which such location is situated and 1% of the pari-mutuel handle at each location to the county in which such location is situated. In the event that an inter-track wagering location licensee is situated in an unincorporated area of a county, such http://www.ilga.gov/legislation/ilcs/ilcs3.asp?Act1D=1398&ChapterID=25&Print=True 9/17/2010 Pat Quinn, Governor VJ y Illinois Racing 2009�r Annual Rep I, ILLINOIS RACING BOARD Chairman Joseph J. Sinopoli Glen Ellyn Joseph N. Casciato Burr Ridge W. Jack Chamblin Robinson Angelo A. Ciambrone Chicago Heights William H. Farley Jr. Oak Park Timothy P. Martin Wheaton Jonathan P. Metcalf Indian Head Park Allan M. Monat Northbrook Michael E. Murphy Normal Paul B. Smith Plainfield Robert C. Winchester Rosiclare Marc V. Laino- Executive Director Shelley Kalita-General CounsellDirector of Administration Jackie Clisham-Chiel Fiscal Officer/Director of Labor& Personnel Domenic DiCera-Director of Field Operations Mickey Euo- Projects Manager Jennifer LaDuke-Board Counsel Robert Lang-Director of Mutuels Ed Mingey-Director of Security Adam Negrusz-Laboratory Director CONTENTS Review ...................... Laboratory .......................................................................................................................... 4 Trackand OTB Locations ............................................................................................................... 5 MONEY TO ILLINOIS Sources and Allocation of Revenue-Exhibit I .................................................................................... 6 Cash Disbursements-Exhibit II .......................................................................................................... 7 STATISTICAL DATA Purses, State Revenue, Track Commission and Payout to Public 1989 - 2009............................... 8 1990 - 2009 Illinois Handles ........................................................................................................... 9 2009 Disbursement of Illinois Handle ........................................................................................ 2009 Advance Deposit Wagering (ADW)........................................................................... ...... 10 . ..... Comparison of Handle On Track, Intertrack and Off Track .............................................................. 12 OnTrack Totals ............................................................................................................................... 14 IntertrackTotals .................................................................................................................. 15 OffTrack Totals .................................................................................................................. ........... 16 AllRacing Totals ................................................................................................................. 17 ............. 2009 Comparison of Wagering Pools .............................................................................................. 18 2009 Off Track Parlor and Intertrack Handles ................................................................ . 20 Summary of Parlor Surcharges and Revenues to City and County .................................................. 21 2009 Illinois Handle on Out-of-State Tracks .................................................................. 22 2009 Commingled Handle vs, Simulcast Handle ...................................................................... ... 23 2003 - 2009 Average Daily Handles and Purses of Thoroughbred Meets ...................................... 24 2003 - 2009 Average Daily Handles and Purses of Harness Meets................................................. 25 2009 Monthly Handle Comparison.............................................................................. .. 26 2009 Major Stakes Races......................................................................................... .................• 27 2009 and 2010 Racing Dates Schedule........................................................................................... 28 RACE MEETING STATISTICS THOROUGHBRED Arlington Park Racecourse Arlington Park .................................................................. 29 Hawthorne Race Course - Hawthorne Race Course ......................................................................... 30 Fairmount Park - Fairmount Park ..................................................................................................... 31 HARNESS Balmoral Racing Club Balmoral Park ......................................................................... 32 Maywood Park Trotting Association Maywood Park .............................................................. 33 State and County Fairs - Springfield, DuQuoin and Brown County .................................................. 34 INTERTRACK AND OFF TRACK LOCATIONS IntertrackSites ........................................................................................................ 35 OffTrack Parlor Sites ...................................................................................................................... 36 Harness Breeders Fund Purses and Awards Paid .......................................................... 40 Thoroughbred and Quarterhorse Breeders Fund Purses and Awards Paid ....................................... 41 1 2009 IN REVIEW he Illinois Racing Board, an independent information with other jurisdictions. agency of state government, shall enforce The 529 race programs conducted during the Illinois Horse Racing Act of 1975 and 2009, 53 fewer than 2008, resulted in a total its rules, to ensure the safety and integrity of handle of $736,740,493 representing a 10% Illinois pari-mutuel horse racing. The Illinois decrease compared to 2008. Thoroughbred race General Assembly establishes public policy in the meets accounted for $508,343,965 a decrease of area of horse racing regulation that is carried out 10%,while standardbred race meets accounted for by the Board. The Board allocates race dates to $208,284,946 a decrease of 17%. Advance deposit various racing associations and is also responsible wagering handle totalled$20,111,582. for licensing, rulemaking, and supervising the Twenty-six percent of the total handle, or conduct ofrace meets. Every participant in Illinois $185,989,951 was wagered on Illinois races at racing is required to obtain an occupational wagering facilities in Illinois in 2009. An license. Good character and integrity of all additional $739,562,003 was wagered on Illinois participants are important to the continuity of the races from outside the state.This represents a 13% sport. Every application is reviewed,updated and decrease from the prior year. However, 2009 carefully processed by the Board's licensing marks the ninth time since full-card simulcasting department before a license is issued. Also, by began that other states wagered more on Illinois statute,fingerprinting is required of each applicant. races than Illinois bettors wagered on races from The Board issued 8,717 licenses during 2009, a other states. decrease of 6%. Pari-mutuel wagering in Illinois generated A staff of administrative, regulatory, $7,138,525 in total state revenues, a decrease of security, and veterinary professionals, in 10% compared to 2008. Wagering at off-track conjunction with Board approved racing officials, betting parlors generated$7,929,093 (2%of OTB supervised the activities at five racetracks handle) for city and county governments in 2009. conducting pari-mutuel racing in Illinois and 30 This represents a 14% decrease from the prior off-track betting facilities. Each race conducted at year. an Illinois racetrack is observed by three stewards, At the annual Dates Hearing on September two employed by the Board, one employed by the 24, the Board awarded a total of 493 racing racing association.The stewards observe the races programs for calendar year 2010. Compared to to ensure that all conduct is in accordance with 2009, thoroughbred race programs were reduced rules and regulations. by 11 and standardbred by 12. The Board ordered On April 1, 2009, Governor Pat Quinn no live harness racing„January 4 through January signed Executive Order 09-05. Pursuant to the 26 and no live thoroughbred racing, January 3 Order, effective July 1, 2009, the functions of the through February 11. Board were transferred from the Illinois On November 9, Governor Quinn Department of Revenue back to the Illinois Racing appointed Alan M. Monat to serve as a Board. Since 2003,the administrative functions of commissioner on the Illinois Racing Board, the Board were being provided by the Department replacing Dennis Bookshester. A resident of of Revenue. Northbrook, Illinois, he owns and operates Metro The Board is a member of the Association Real Estate Inspections. A former professional of Racing Commissioners International (RCI),the jockey,he competed on the Chicago thoroughbred industry's oldest and most prominent regulatory circuit from 1974 to 1984. Commissioner Monat association. Executive Director Marc Laino is an has the distinction of being the first jockey to be active participant on RCI committees. The appointed to a state racing board or commission. information contained in the RCI database allows The Board granted 30 off-track (OTB) the Board to monitor the backgrounds of licensees licenses in 2009. Each racetrack is entitled to and to exchange important regulatory and industry receive up to six OTB licenses, except Fairmount 2 Park,which is entitled to seven licenses. A total of permits out of competition drug testing.The Board 37 licenses are available. In 2009, one new OTB may, with reasonable notice, take samples for opened and three closed. Inter-Track Partners,on testing of any racehorse participating in the Illinois behalf of Balmoral Park, opened a new OTB racing program,stabled on or off the grounds of an facility in Buffalo Grove on August 2. Off-track Illinois racetrack. facilities in Peoria, Chicago (Jackson St.) and Related to thoroughbred racing,the Board Carbondale permanently closed their doors. initiated rulemaking in 2009 to approve the riding On August 25,Governor Pat Quinn signed crop rule based on the RCI model rule. In a into law Senate Bill 1298,legislation that legalized similar move for standardbred racing, the Board advance deposit wagering (ADW). This approved the RCI whipping rule. Both rules went legislation amends the Horse Racing Act allowing into effect early in 2010. an organization Iicensee to maintain a system During calendar year 2009, the Board whereby advance deposit wagering may take place imposed 713 sanctions for violations of the or to contract with another person or entity to carry Board's rules and regulations at both harness and out a system of advance deposit wagering. ADW thoroughbred tracks. The rulings include, but are is a form of pari-mutuel wagering in which an not limited to, driving and riding infractions, individual deposits money in an account with an general conduct violations,human and equine drug entity authorized by the Board to conduct advance violations,general business practice violations and deposit wagering and then the account funds are several other rule and statute violations. used to pay for pari-mutuel wagers made in GIANT OAK was voted Illinois person, by telephone, or through communication Thoroughbred Horse of the Year. As a 3-year-old, by other electronic paeans. During 2009,the Board this Giant's Causeway colt,owned and bred by the licensed four advance deposit wagering Virginia H.Tarra Trust,had one win,two seconds companies: TVG Network, YouBet.Com, and one third in nine starts in 2009 and earned TwinSpires, and XpressBet, Inc. $370,281.Trained by Chris Block,Giant Oak won Total purses paid in 2009, $72,807,538, the$150,000 Arlington Classic at Arlington Park, decreased by almost 9%compared to 2008. Total was runner-up in the Grade II $500,000 Illinois purses paid at Illinois' thoroughbred tracks, Derby at Hawthorne Race Course and ran fourth in $48,949,553,decreased by 3%while purses paid at the Grade II $600,000 Louisiana Derby. Out of Illinois' standardbred tracks, $23,857,985, the Crafty Prospector mare, Crafty Oak, he decreased by 18%. Average daily purses paid at improved to three wins in 13 career starts and the Chicagoland thoroughbred tracks, $222,976, boosted his lifetime earnings to $451,677. decreased by 2%and the average daily purses paid SOUTHERN ROCKETOP was voted at the Chicagoland standardbred tracks, $84,621 Illinois Harness Horse of the Year. A winner of decreased by 4%. $478,360 in 2009, this 3 year-old gelding,trained Several IRB rule changes were adopted in by Robert Taylor, went postward 17 times and 2009, the most noteworthy being amendments to recorded 11 wins. Owned by Claude Powers the medication rule. One amendment permits the (purchased by Tor Birger Krageboen of Norway Board's Equine Testing Laboratory to test for late in 2009), Southern Rocketop scored victories anabolic steroids. No androgenic-anabolic steroids in the$50,000 Illinois State Fair Stakes, the shall be permitted in test samples collected from $50,200 Cardinal Stakes, and concluded with a racing horses except for residues of the major 1:57.3 win in the $90,000 Galt Memorial Trot at metabolite of stanozolol, nandrolone, and the Maywood Park. Southern Rocketop finished naturally occurring substances boldenone and second in the$540,000 World Trotting Derby,and testosterone at concentrations less than the finished third in the $930,000 Canadian Trotting established thresholds. The other amendment Classic. 3 LABORATORY Over the past year the University of Illinois at Chicago Animal Forensic Toxicology Laboratory has conducted one of the most comprehensive equine drug testing programs in the country. The laboratory accomplished this by employing an extensive array of enzyme linked immunosorbent assays (ELISA) to routinely screen samples for prohibited substances. These tests are highly sensitive and allow the laboratory to screen for a wide range of pharmaceutical substances. In addition, the laboratory routinely tests equine blood samples for violations exceeding the permitted levels of furosemide, flunixin, phenylbutazone, oxyphenbutazone, and total carbon dioxide (TCO2). The laboratory updated its TCO2 analysis which now provides the Board with additional information. In consultation with the Illinois Racing Board (IRB), the laboratory implemented a routine screening protocol designed to monitor a compliance with the Board's anabolic steroid regulations. The laboratory continues to assist the track stewards and security personnel in investigating possible doping violations that employ methods designed to circumvent our standard testing procedures. The laboratory also investigates and reports on special items such as syringes, drug vials and other contraband that are collected or seized at the racetracks. The laboratory continues participation in two external proficiency testing programs: the International Association of Racing Commissioners Quality Assurance Program and the International Proficiency Testing Program conducted by the Association of Official Racing Chemists. The laboratory maintained a perfect score on all blinds and proficiencies in 2009. 2009 LABORATORY TEST SAMPLES POST RACE URINE BLOOD TOTAL THOROUGHBRED 3,437 3,476 6,913 HARNESS 4,329 4,483 8,812 TOTAL 7,766 7,959 15,725 PROHIBITED DRUG POSITIVES THOROUGHBRED 10 HARNESS 45 TOTAL DRUG POSITIVES 55 PHENYLBUTAZONE VIOLATIONS THOROUGHBRED OVERAGES 8 HARNESS OVERAGES 11 TOTAL OVERAGES 19 LASIX VIOLATIONS THOROUGHBRED OVERAGES 1 HARNESS OVERAGES 0 TOTAL OVERAGES 1 TCO2 VIOLATIONS THOROUGHBRED OVERAGES 0 HARNESS OVERAGES 3 TOTALOVERAGES 3 4 ILLINOIS RACETRACKS AND OTB FACILITIES as of March 1 , 2010 RACETRACKS PHONE ADDRESS Arlington Park 847 385-7500 2200 W. Euclid,Arlington Heights, IL 60006 Balmoral Park 708 672-7560 26435 S. Dixie Highway, Crete, IL 60417 Fairmount Park 618 345-4300 9301 Collinsville Road, Collinsville, IL 62234 Hawthorne Race Course 708 780-3700 3501 S. Laramie, Cicero, IL 60804 Maywood Park 708 343-4800 8600 W. North Avenue, Melrose Park, IL 60160 Quad City Downs No Live Racing 309 792-0202 5005 Morton Drive, East Moline, 1L 61244 OTBS PHONE ADDRESS Alton Time Out OTB 618 465-1006 315 Belle Street,Alton, IL 62002 Aurora The Foundry 630 978-2088 85 Executive Drive,Aurora, IL 60504 Buffalo Grove Adam's Sports Bair and OTB 847 279-1700 301 N. Milwaukee Avenue, Buffalo Grove, IL 60089 Champaign Jupiter's at the Crossing 217 390-7444 2511 Village Green Place, Champaign, IL 61822 Chicago (111 th) Corliss OTB 773 995-8238 11203 S. Corliss, Chicago, IL 60628 Chicago (LaSalle) Stretch Run Sporting Club 312 644-4477 540 N. LaSalle Street, Chicago, It_ 60610 Chicago (Weed) Trackside Chicago 312 787-9600 901 W. Weed Street, Chicago, IL 60622 Crestwood Crestwood OTB 708 489-4700 13148 Rivercrest Drive, Crestwood, IL 60445 Elk Grove Village Ringside Sports Bar and OTB 847 364-4122 554 E. Devon, Elk Grove Village, IL 60445 Hodgkins Trackside Hodgkins 708 354-1668 9301 63rd St., Hodgkins, IL 60525 Joliet Bookie Magee's 815 744-6500 2450 Jefferson Street, Joliet, IL 60435 Lockport Trackside Lockport 815 838-4420 1225 E. 9th Street, Lockport, IL 60441 McHenry Trackside McHenry 815 344-0742 621 Ridgeview Drive, McHenry, IL 60050 Mokena Stoney Point Grill 708 478-1670 19031 Old LaGrange Road, Mokena, IL 60448 Niles Lucky Magee's 847 795-8000 9215 N. Greenwood Avenue, Niles, IL 60714 Normal All Seasons Entertainment 309 829-3300 1304 Cross Creek Drive, Normal, 1L 61761 North Aurora The Turf Room 630 906-9300 650 Randall Crossings Lane, N.Aurora, IL 60542 Oakbrook Terrace Oakbrook Terrace OTB 630 627-8238 17WM 22nd Street, Oakbrook Terrace, 60181 Peru Peru OTB 815 224-2000 124 May Road, Peru, IL 61354 Rockford Don Carter Lanes 815 398-2300 4007 E. State Street, Rockford, IL 61108 Sauget Route 3 OTB 618 274-6468 2400 Mississippi Avenue, Sauget, IL 62201 South Beloit Tad's Sports Bar and Grill 8153894921 1322 Gardner Street, South Beloit, IL 61080 South Elgin Lucky's Bar and Grill 847 695-6666 335 N. McLean Boulevard, South Elgin, IL 60123 Springfield Capital Teletrack 217 546-2111 1766 Wabash Avenue, Springfield, IL 62704 Waukegan Trackside Waukegan 847 336-1400 630 S. Green Bay Road,Waukegan, IL 60085 Illinois Racing Board 312 814-2600 100 W. Randolph, Suite 7-701, Chicago, IL 60601 Intertrack Partners Maywood Park 708 615-1200 8600 W. North Ave., Melrose Park, IL 60160 WEBSITES Arlington Park www,adingtonpark.com Balmoral Park www.balmoralpark.com Fairmount Park www.fairmountpark.com Hawthorne Race Course www.hawthorneracecourse.com Maywood Park www.maywoodpark.com Illinois Racing Board www.state.il.us/agency/irb Intertrack Partners www.illinolsotb.com 5 EXHIBIT I ILLINOIS RACING BOARD STATEMENT OF SOURCE AND ALLOCATION OF REVENUE FOR THE 2049 RACING YEAR SOURCE OF REVENUE: Application and License Fees of Racing Associations................................................. $ 101,880 AdmissionTaxes........................................................................................................... $ 85,290 Pari-mutuel Tax............................................................................................................. $ 9,904,081 Pari-mutuel Tax Credit ................................................................................................. $ (3,725,425) Advanced Deposit Wagering(ADW)Pari-Mutuel Tax (1.75% of Handle)................. $ 351,953 Licensing of Racing Personnel..................................................................................... $ 229,690 FingerprintFees............................................................................................................ $ 86,552 Horsemen's Fines.......................................................................................................... $ 104,175 MiscellaneousSources.................................................................................................. $ 329 TOTAL STATE REVENUES RECEIVED ......................................................... $ 7,138,525 2% of OTB Handle to City and County....................................................... ............... $ 7,929,093 OTB Admission Tax to City of Chicago ..................................... ...... ............... ...... $ 247,097 OTB Admission Tax to Cook County.......................................................................... $ 454,809 OnTrack City Admission Tax ..................................................................................... $ 43,305 Intertrack Surcharge to County(20%) ........................................................................ $ 401,108 TOTAL LOCAL GOVERNMENT REVENUES RECEIVED ......................... $ 9,075,412 TOTAL REVENUES RECEIVED .............................................................................. $ 16,213,938 ALLOCATION OF REVENUE: HorseRacing Fund....................................................................................................... $ 6,454,520 GeneralRevenue Fund.................................................................................................. $ 521,364 Quarterhorse Breeders' Fund........................................................................................ $ 25,810 Quarterhorse Purse Fund (from ADW Tax). ................................................................ $ 50,279 Fingerprint License Fund.............................................................................................. $ 86,552 TOTAL STATE REVENUES ALLOCATED....................................................... $ 7,138,525 ToCities ....................................................................................................................... $ 4,254,948 ToCounties .................................................................................................................. $ 4,820,464 TOTAL LOCAL GOVERNMENT REVENUES ALLOCATED....................... $ 9,075,412 TOTAL REVENUES ALLOCATED............................................................................ $ 16,213,938 6 EXHIBIT II ILLINOIS RACING BOARD STATEMENT OF CASH DISBURSEMENTS FOR THE 2009 RACING YEAR SUPERVISION OF GENERAL RACE MEETS& ADMINISTRATION LABORATORY TOTAL Salary Expenses,including expense of Retirement and Social Security......... 1,060,971 1,060,971 Contractual Services: Freight, Repairs,Rentals, Postage, Professional Services,etc............... 132,357 132,357 OtherState Officers................................................................................... 38,400 38,400 TravelExpenses................................................................................................. 13,445 13,445 Commodities: Office Supplies, Repair Parts,etc............................................................ 2,081 2,081 Printing............................................................................................................... 1,375 1,375 Equipment.......................................................................................................... 756 756 EDPProcessing................................................................................................. 88,614 88,614 Telecommunications........................................................................................... 79,255 79,255 Operating Auto Equipment................................................................................. 11,360 11,360 Refunds.............................................................................................................. 0 0 Operations of Laboratory and Supervision of Race Meets.................................................................. 5,958,165 5,958,165 Total 2009 Disbursements 1,428,614 5,958,165 7,386,779 7 1989 - 2009 PURSES, COMMISSIONS, AND STATE REVENUE THOROUGHBRED HARNESS TOTAL TRACKIOTB PURSES PURSES PURSES COMMISSIONS DISTRIBUTED DISTRIBUTED DISTRIBUTED FROM TAKEOUT 1989 52,537,943 41,854,952 94,392,895 NIA 1990 52,169,788 43,717,401 95,887,189 NIA 1991 48,861,451 44,203,891 93,065,342 NIA 1992 48,819,244 44,044,963 92,864,207 NIA 1993 48,804,617 41,761,228 90,565,845 NIA 1994 49,623,030 40,044,973 89,668,003 NIA 1995 49,313,304 41,392,332 90,705,636 NIA 1996 53,850,395 41,757,050 95,607,445 109,108,765 1997 50,843,274 37,141,615 87,984,889 104,436,051 1998 49,904,435 34,542,076 84,446,511 93,374,131 1999 52,398,833 39,180,917 91,579,750 93,937,886 2000 65,955,254 42,068,597 108,023,651 101,185,883 2001 65,176,932 39,863,175 105,040,107 101,339,464 2002 79,233,651 40,177,699 119,411,350 103,066,740 2003 60,224,987 32,900,951 93,125,938 95,597,139 2004 57,231,170 40,178,599 97,409,769 95,847,940 2005 57,250,778 34,906,211 92,156,989 90,580,281 2006 57,314,077 31,810,706 89,124,783 84,895,542 2007 54,064,946 31,307,830 85,372,776 83,365,559 2008 50,490,454 29,256,533 79,746,987 73,222,359 2009 48,949,553 23,857,985 72,807,538 64,263,913 % OF HANDLE ILLINOIS PAYOUT TO THE STATE REVENUE ON ILL RACES HANDLE PUBLIC 1989 43,289,387 98% 1,193,202,530 937,591,476 1990 45,723,937 98% 1,252,366,115 982,664,662 1991 46,318,927 98% 1,248,161,065 975,519,214 1992 44,744,193 97% 1,290,919,614 1,004,615,812 1993 47,571,875 96% 1,282,020,262 995,979,555 1994 46,624,337 95% 1,238,762,950 961,856,234 1995 44,529,168 73% 1,201,999,292 930,988,936 1996 45,758,661 54% 1,232,867,396 956,512,427 1997 45,133,914 47% 1,180,033,714 915,771,264 1998 42,072,401 36% 1,087,061,250 844,351,543 1999 42,404,844 34% 1,103,849,329 856,519,567 2000 13,338,057 34% 1,102,541,723 855,730,378 2001 13,444,319 33% 1,105,692,484 658,186,861 2002 12,839,705 34% 1,131,874,324 880,017,501 2003 12,783,565 29% 1,067,918,400 828,298,451 2004 12,757,741 31% 1,059,383,287 821,615,350 2005 11,794,271 30% 1,002,819,877 777,582,763 2006 90,347,144 27% 952,119,485 736,885,775 2007 8,939,122 27% 928,898,436 720,155,792 2008 7,950,361 27% 818,655,036 634,543,073 2009 7,138,525 26% 736,740,493 570,551,890 Note: In 2000,State Revenue declined sharply due to statutory changes passed in 1999. These include a flat tax of 1.5%,elimination of HRTA tax, Uncashed Tickels and Breakage to the Stale,and a Pari-mutuel Tax Credit. In 2002,Thoroughbred Purses include$14,280,000 that was paid at the Arlington Park Breeder's Cup. In 2003,there was a Harness labor dispute totalling 66 days. In 2009,Advanced Deposit Wagering Handle of 20,111,582 is reflected in the rigures above. 1990 - 2009 ILLINOIS HANDLE TOTALS ON TRACK INTERTRACK OFF TRACK TOTAL THOROUGHBRED THOROUGHBRED THOROUGHBRED THOROUGHBRED MEETS 1990 358,258,669 205,490,935 157,175,600 720,925,204 1990 1991 3 37,3 54,770 181,590,802 178,797,671 697,743,243 1991 1992 311,469,954 168,456,647 219,595,842 699,522,443 1992 1993 285,304,997 163,196,102 251,089,094 699,590,193 1993 1994 269,292,713 154,548,452 257,743,541 681,584,706 1994 1995 208,971,670 161,026,595 284,072,667 654,070,932 1995 1996 224,480,978 165,164,793 307,428,219 697,073,990 1996 1997 203,602,521 165,229,200 310,108,794 678,940,515 1997 1998 145,599,880 191,893,259 339,166,726 676,659,865 1998 1999 137,231,659 203,667,305 348,393,492 689,292,456 1999 2000 183,746,086 184,012,741 337,818,255 705,577,082 2000 2001 175,914,328 183,437,871 347,626,218 706,978,417 2001 2002 193,437,182 187,024,183 346,520,477 726,981,842 2002 2003 176,252,921 183,086,880 348,843,259 708,183,060 2003 2004 168,286,222 172,356,634 345,071,171 685,714,027 2004 2005 164,331,055 167,612,637 324,976,790 656,920,482 2005 2006 150,200,686 157,201,055 323,871,059 631,272,800 2006 2007 154,092,215 147,377,541 328,553,932 630,023,688 2007 2008 130,655,000 127,950,908 309,154,047 567,759,955 2008 2009 120,211,751 114,746,905 273,385,310 508,343,965 2009 ON TRACK INTERTRACK OFF TRACK TOTAL HARNESS HARNESS HARNESS HARNESS MEETS 1990 256,855,703 134,948,222 139,638,986 531,442,911 1990 1991 228,205,387 142,874,593 179,337,842 550,417,822 1991 1992 193,087,205 162,203,257 236,106,709 591,397,171 1992 1993 167,541,086 150,389,103 264,499,880 582,430,069 1993 1994 151,493,533 139,555,386 266,129,325 557,178,244 1994 1995 121,047,072 145,351,015 281,530,273 547,928,360 1995 1996 104,102,288 148,996,834 282,694,284 535,793,406 1996 1997 88,580,572 144,422,036 268,090,591 501,093,199 1997 1998 62,378,668 120,957,134 227,065,583 410,401,385 1998 1999 63,453,215 120,180,400 230,923,258 414,556,673 1999 2000 58,171,917 116,137,855 222,654,869 396,964,641 2000 2001 56,708,378 117,444,699 224,560,990 398,714,067 2001 2002 60,299,996 120,368,974 224,223,512 404,892,482 2002 2003 50,585,062 105,100,231 204,050,047 359,735,340 2003 2004 56,452,185 106,523,349 210,693,726 373,669,260 2004 2005 48,712,033 102,081,782 195,105,580 345,899,395 2005 2006 41,800,020 93,333,101 185,713,564 320,846,685 2006 2007 37,346,495 83,700,387 177,827,866 298,874,748 2007 2008 32,166,433 68,587,323 150,141,325 250,895,081 2008 2009 26,228,231 58,987,380 123,069,335 208 264,946 2009 ON TRACK INTERTRACK OFF TRACK TOTAL ALL RACING ALL RACING ALL RACING ALL RACING MEETS 1990 615,114,372 340,439,157 296,814,566 1,252,368,115 1990 1991 565,560,157 324,465,395 358,135,513 1,248,161,065 1991 1992 504,557,159 330,659,904 455,702,551 1,290,919,614 1992 1993 452,846,083 313,585,205 515,588,974 1,282,020,262 1993 1994 420,786,246 294,103,838 523,872,866 1,238,762,950 1994 1995 330,018,742 306,377,610 565,602,940 1,201,999,292 1995 1996 328,583,266 314,161,627 590,122,503 1,232,867,396 1996 1997 292,183,093 309,651,236 578,199,385 1,180,033,714 1997 1998 207,978,548 312,850,393 566,232,309 1,087,061,250 1998 1999 200,684,874 323,847,705 579,316,750 1,103,849,329 1999 2000 241,918,003 300,150,596 560,473,124 1,102,541,723 2000 2001 232,622,706 300,882,570 572,187,208 1,105,692,484 2001 2002 253,737,178 307,393,157 570,743,989 1,131,874,324 2002 2003 226,837,983 288,187,111 552,893,306 1,067,918,400 2003 2004 224,738,407 278,879,983 555,764,897 1,059,383,287 2004 2005 213,043,088 269,694,419 520,082,370 1,002,819,877 2005 2006 192,000,706 250,534,156 509,584,623 952,119,485 2006 2007 191,438,710 231,077,926 506,381,798 928,898,436 2007 2008 162,821,433 196,538,230 459,295,373 818,655,036 2008 2009 1 46,439,982 173 734,285 396,454,644 716,628,911 2009 9 In 2009,there was an additional 20,111,582 wagered via Advance Deposit Wagering which when added to the handle above equals 736,740,493. 2009 DISBURSEMENT OF ILLINOIS HANDLE 200911iinois handle 736,740,493 Track/OTB Horsemen State Local Gov't Public Other States Track Commission 63,568,664 63,568,664 Purses Earned 56,932,033 56,932,033 Pari-mutuel Tax 9,904,081 9,904,081 Pari-mutuel Tax Credit 3,725,425 3,725,425 (3,725,425) Out of State Fee(-3.44%) 18,246,611 18,246,611 Public Pool 588,089,105 568,089,105 Breakage 3,611,159 2,708,369 902,790 (3,611,159) OnTrackSurcharge 194,645 194,645 (194,645) JTW Surcharge 2,005,542 802,217 802,217 401,108 (2,005,542) 0T8 Surcharge 7,541,410 (387,683) 7,929,093 (7,541,410) Recapture' 13,780,082 13,780,082 (13,780,082) (13,760,082) Uncashed I ickets('07) 4,064,035 2,032,018 2,032,018 (4,064,035) RICF Charity 750,000 (750,000) 750,000 Breeders Awards 1,668,815 (1,668,815) 1,668,815 Advance Deposit Handle 20,111,582 727,045 777,324 1 301,674 15,927,123 1 1,029,387 TOTAL 736,740,493 84,731,966 50,085,114 6,480,330 8,330,201 572,819,355 19,275,998 11.50% 6.80% 0.88% 1.13% 77.75% 2.62% Out-of Stale Handle on Illinois Races 739,562,003 Simulcast Fee(--3.413%) 25,241,269 12,620,634 12,620,634 (25,241,269) GRAND TOTALS 97,352,600 62,705,748 6,480,330 8,330,201 572,019,355 (5,965,271) *Note that the Slate reimbursement for recapture was not appropriated in 2009. WHAT IS PURSE RECAPTURE? Purse recapture is a 1995 provision of the law that allows racetracks to recoup losses on live handle brought on by the authorization of full-card simulcasting of races from other states. Handle on Illinois races as a percentage of total Illinois handle has dropped from 95%in 1994 to 26%in 2009. The recapture amount is 2%of the decrease of lllinois handle on Illinois races from 1994. The recapture monies allocated to the racetracks are deducted from the horsemen's purse accounts. In 1999, legislation was passed that authorized annual appropriations to the Department of Agriculture for reimbursement to purse accounts equal to the recapture amounts. The appropriation is an annual decision,the racetracks will always receive their monies,either from the State or from the originally intended horsemen's purse accounts, Below are the annual amounts of purse recapture since 1995,when full card simulcasting was authorized. Illinois Handle on Illinois Races Race Year Rec_aature Year Recapture 1994 7,181,911,128 1995 1996 $4,234,922 1995 872,357,004 1996 1997 $9,726,218 1996 660,598,891 1997 1998 $6,894,623 1997 553,709,328 1998 1999 $10,254,087 1998 367,351,792 1999 2000 $15,063,347 1999 374,209,987 2000 2001 $15,152,298 2000 377,762,519 2001 2002 $15,489,017 2001 367,053,388 2002 2003 $15,119,303 2002 382,473,610 2003 2004 $13,704,522 2003 308,244,909 2004 2005 $13,347,193 2004 327,079,537 2005 2006 $13,130,746 2005 303,605,111 2006 2007 $13,882,814 2006 259,022,153 2007 2008 $13,037,833 2007 254,123,568 2008 2009 $13,780,082 2008 220,136,253 2009 2010 $13,205,351 2009 185,989,951 Handle from 11,facilities only 10 ADVANCE DEPOSIT WAGERING (ADW) Advance Deposit Wagering officially began in Illinois on October 13th,2009. Three companies were licensed at that time,with a fourth ADW provider licensed on November 10th. Illinois patrons place funds into an account and then wager on races using a telephone or internet device such as a computer or personal digital assistant. Each ADW provider must have a contract with an Illinois racetrack and their affiliated Illinois horsemen association. Daily ADW Provider Handle Average Youbet-(Hawthorne/Balmoral/Maywood) 7,916,640 98,958 TVG-(Fairmount) 6,539,069 82,773 Twin Spires-(Arlington) 4,921,310 62,295 Xpressbet-(Arlington) started 11/10/09 734,564 14,403 TOTAL 20114,582 251,395 State Tax Daily ADW Provider 1.75% Average Youbet-(Hawthome/Balmoral/Maywood) 138,541 1,732 TVG-(Fairmount) 114,434 1,449 Twin Spires-(Arlington) 86,123 1,090 Xpressbet-(Arlington) started 11/10/09 12,855 252 TOTAL 351,953 4,399 Monthly ADW Handle October 13-31 4,699,608 November 8,305,911 December 7,106,064 Total ADW Handle 20,111,582 Illinois Races vs.Out of State Races ADW Handle on Hawthorne Races 1,949,517 ADW Handle on Balmoral Races 699,327 ADW Handle on Maywood Races 304,658 Total ADW Handle on Illinois Races 2,953,503 15% ADW Handle on Out of State Races 17,158,080 85% Total ADW Handle 20,111,582 Wagering Pools of ADW Handle Win, Place,Show 6,889,695 34.26% 2-Horse 5,237,938 26.04% 3-Horse 7,983,949 39.70% Total ADW Handle 20,111,582 Breakdown of ADW Handle %of Handle Handle 20,111,582 State Tax Portion to Horse Racing Fund 301,674 1.50% State Tax Portion to Quarterhorse Purse Fund 50,279 0.25% Host Simulcast Fees 1,174,184 5.84% ADW Fee 1,178,757 5.86% Illinois Track Commission 695,249 3.46% Illinois Purses 695,249 3.46% Breakage 89,067 0.44% Payout to Public 15,927,123 79.19% ll 2009 COMPARISON OF LOCATION HANDLES LIVE ILLINOIS RACING AND SIMULCASTS ON INTER OFF LIVE AMOUNT ON TRACK INTER TRACK OFF TRACK PRGMS WAGERED TRACK % TRACK % TRACK %n THOROUGHBRED MEETINGS 98 Arlington Park 294,180,278 80,676,801 27.4% 60,287,702 20.5% 153,215,775 52.1% 108 Hawthorne Race Course 203,992,238 31,861,321 15.6% 53,786,814 26.4% 118,344,104 58.0% 57 Fairmount Park 10171,450 7,673,629 75.4% 672,389 6.6% .1,825,432 17.9% M THOROUGHBRED TOTAL 508.343 965, 120.211.751 114.746 90.5 ! 273.385.31D �°[ HARNESS MEETINGS 157 Balmoral Racing Club 129,684,576 14,969,851 11.5% 38,177,436 29.4% 76.537,290 59.0% 96 Maywood Park Trotting Association 77,620,364 10,615,110 13.7% 20,693,765 26.7% 46,311,489 59.7% 6 Springfield State Fair 537,361 378,875 70.5% 52,725 9.8% 105,761 19.7% 5 Du Quoin State Fair 415,167 236,917 57.1% 63,455 15.3% 114,795 27.7% 2 Brown County Fair 27,478 27,478 100.0% 0 0.0% 0 0.0% 20 HARNESS TOTAL 2D8.28_4.946 26,Z28,231 12.6% 2&^ 23.069 335 011.° An TOTALALLRACING 718.628 911 146.439.982 2D ea 173.734.285 °0 396.454.644 55 3% LIVE ILLINOIS RACING ONLY ON INTER OFF LIVE AMOUNT ON TRACK INTER TRACK OFF TRACK PRGMS WAGERED TRACK % TRACK %e TRACK % THOROUGHBRED MEETINGS 98 Arlington Park 75,939,211 45,720,435 60.2% 9,246,291 12.2% 20,972,485 27.6% 108 Hawthorne Race Course 37,773,188 12,085,222 32.0% 8,211,594 21.7% 17,476,371 46.3% L77 Fairmount Park 10,171,450 7,673.629 75.4% 672.389 6.6% 1,825,432 17.9% I,THOROUGHBRED TOTAL 12a.863-648 51.479.216 AM 18.130.274 14.6° 40,27-4,288 226§1 HARNESS MEETINGS 157 Balmoral Rating Club 39,601,107 10,381,087 26.2% 9,146,285 23.1% 20,073,735 50.7% 96 Maywood Park Trotting Association 21,524,990 5,286,450 24.6% 4,490,954 20.9% 11,747,585 54.6% 6 Springfield Slate Fair 537,361 378,875 70.5% 52,725 9.8% 105,761 19.7% 5 Du Quoin Stale Fair 415,167 236,917 57.1% 63,455 15.3% 114,795 27.7% 2 Brown County Fair 27,478 27,478 100.0°l6 0 0.0% 0 0.0% HARNESS TOTAL 13.153.419 &UA 32_D41.B76 51.6% TOTAL ALL RACING gum 17�1°/n 72.316.164 3M Note: Handles above do not include ADW Handle of 20,1 l 1,582. 12 2009 OUT-OF-STATE SIMULCASTS THOROUGHBRED MEETINGS ON INTER OFF SIMUL. AMOUNT ON TRACK INTER TRACK OFF TRACK PROMS WAGERED TRACK % TRACK % TRACK % 3,579 Arlington Park 218,241,067 34,956,366 16.0% 51,041,412 23.4% 132,243,290 60.6% 2,287 THORO[JGI{HREDSIMUI.CASTS 190,464,104 32,263,387 16.9% 44,182,993 23.2% 114,017,724 59.9% 1,226 HARNESS SIMULCASTS 21,109,104 1,744,434 6.3% 5,343,035 25.3% 14,021,636 66.4% 66 QUARr1:RHORSLSIMULCASTS 6,667,859 948,545 14.2% 1,515,383 22.7% 4,203,930 63.0% 3,058 1lawthorne Race Course 166,219,051 19,776,099 11.9% 45,575,219 27.41/9 100,867,732 60.7% 1,959 'MOROUGURPEDSIMULCAM 149,678,719 18,477,307 12.3% 41,272,915 27.6% 89,928,497 60.1% 1,057 HARNESS SIMULCASTS 15,970,196 1,241,503 7.8% 4,170,786 26.1% 10,557,907 66.1% 42 QUARFERHORSESIMUI.CAS1'S 570,136 57,289 10.0% 131,518 23.1% 381,329 66.9% 6,637 THOROUGHBRED TOTAL 384,460,118 54,732,465 14.2% 96,616,631 25.1% 233,111,022 60.6% 4,246 THOROUGHBRED SIMULCASTS 340,142,622 50,740,694 14.9% 85,455,908 25.1% 203,946,220 60.0% 2,263 HARNESS SIMULCASTS 37,079,300 2,985,937 8.1% 9,513,821 25.7% 24,579,543 66.3% 108 QUARI'MIORSLSIMULCASTS 7,237,995 1,005,835 13.9% 1,646,901 22.8% 4,585,259 63.3% HARNESS MEETINGS ON INTER OFF SIMUL. AMOUNT ON TRACK INTER TRACK OFF TRACK PRGMS WAGERED TRACK % TRACK % TRACK % 3,202 Balmoral Racing Club 90,083,469 4,586,764 5.1% 29,031,151 32.2% 56,463,554 62.7% 1,480 THOROUGHBRED SIMULCASTS 35,454,373 1,156,251 3.3% 12,220,374 34.5% 22,077,749 62.3% 1,564 HARNESS SIMULCASTS 47,754,868 3,067,693 6.4% 14,433,855 30.2% 30,253,320 63.4% 158 QUARTI:RHORSLSIMULCASTS 6,874,228 364,820 5.3% 2,376,922 34.6% 4,132,486 60.1% 1,404 Maywood Park Trotting Assoc. 56,095,374 5,328,660 9.5% 16,202,610 28,9% 34,563,904 61.6% 636 THOROUGHBREDSIMEILCASTS 24,807,899 1,647,091 6.6% 8,042,235 32.4% 15,118,573 60.9% 618 HARNESS SIMULCASTS 25,156,752 3,022,863 12.0% 6,450,404 25.6% 15,683,484 62.3% 150 QUARTERHORSLSIMULCASTS 6,130,724 658,706 10.7% 1,710,171 27.9% 3,761,847 61.4% 4,606 HARNESS TOTAL 146,178,843 9,917,423 6.8% 45,233,961 30,9% 91,027,458 62.3% 2,116 THOROUCI[BREDSTMULCASTS 60,262,272 2,603,342 4.7% 20,262,609 33.6% 37,196,321 61.7% 2,182 IIARNESS SIMULCASTS 72,911,620 6,090,556 8.4% 20,864,259 28.6% 45,936,804 63.0% 308 QUARTERHORSESIMULCASTS 13,004,951 1,023,526 7.9% 4,087,093 31.4% 7,894,333 60.7% 11,243 TOTALALLRACING 530,638,961 64,649,888 12.2% 141,850,592 26.7% 324,138,480 615% 6,362 THOROUGIIHREDSIMULCAM 400,405,094 53,544,036 13.4% 105,718,517 26.4% 241,142,541 60.2% 4,465 IIARNESSSIMULCASTS 109,990,920 9,076,493 8.3% 30,398,080 27.6% 70,516,347 64.1% 416 QUARTFRHURSE SIMULCASTS 20,242,946 2,029 360 10.0% 5,733,994 28.3% 12,479,592 61.6% Note: Handles above do not include ADW Handle on Simulcast races which totalled 17,158,080. 13 ON TRACK THOROUGHBRED HARNFSS ALL MEETS MEETS MEFr S Live Programs Raced 263 266 529 Total Live Programs Raced+Dark Days 420 374 794 Live Races Run 2,425 3,238 5,663 Attendance 1,112,777 246,029 1,358,806 Admission Tax 60,915 4,042 64,957 License Fee 34,350 31,370 65,720 License Fee-Daily Handle 7,400 0 7,400 LIVE RACING DAY HANDLE Illinois Handle on Illinois Races 65,479,286 16,310,807 81,790,093 Illinois Handle an Out-of-Stale Races 40,243,390 9,114,975 49,358.36_5 Combined Illinois Handle 105,722,676 25,425,783 131,148,458 DARK DAY HANDLE(Illinois Handle on Out of State Races) Total Dark Day Handle 14,489,076 802,448 15,291,524 TOTAL ILLINOIS HANDLE 120,211,751 26228,231 146 439,982 AVERAGE LIVE RACING DAY HANDLE Average Illinois Handle on Illinois Races 248,971 61,319 154,613 Average Illinois Handle on Oul-of-State Races 153,017 34,267 93,305 Average Combined Illinois Handle 401,987 95,586 247,918 AVERAGE DARK DAY HANDLE(Illinois Handle on Out-of-State Races) Average Total Dark Day Handle 92,287 7,430 57,704 Combined Illinois Handle $ 120,211,751 26,228,231 146,439,982 -Commission(Take Out) $ 24,189,963 5,526,218 29,718,181 Track Commission $ 10,229,532 2,427,597 12,657,129 Purses Earned $ 10,229,532 2,427,597 12,657,129 Out-of-State Simulcast Fee $ 2,023,651 279,608 2,303,259 Pari-mutuel Tax $ 1,707,248 393,417 2,100,665 Public Pool $ 96,021,788 20,700,013 116,721,801 -Breakage $ 821,628 152,763 974,391 -Surcharge $ 60,840 133,805 194,645 Payout to Public $ 95,139,321 20,413,445 115,552,765 14 TNTERTRACK THOROUGHBRED HARNESS ALL MEETS MEETS MEETS Live Programs Raced 1,315 1,329 2,644 Attendance 442,809 282,523 725,332 Admission Tax 13,619 6,714 20,334 LIVE RACING DAY HANDLE Illinois Handle on Illinois Races 18,130,274 13,753,419 31,883,693 Illinois Handle on Out-of-State Races 65,082,649 36,321,900 101.404,549 Combined Illinois Handle 83,212,923 50,075,319 133,288,242 DARK DAY HANDLE(Illinois Handle on Out of State Races) Total Dark Day Handle 31,533,982 8,912,061 40,446,043 TOTAL ILLINOIS HANDLE 114,746,905 58,987Z380 173 734,285 AVERAGE LIVE RACING DAY HANDLE Average Illinois Handle on Illinois Races 68,159 43,523 54,783 Average Illinois Handle on Out-of-State Races 244,672 114,943 174,235 Average Combined Illinois Handle 312,831 158,466 229,016 AVERAGE DARK DAY HANDLE(Illinois Handle on Out-of--State Races) Average Total Dark Day Handle 200,853 82,519 152,627 Combined Illinois Handle $ 114,746,905 58,987,380 173,734,285 -Commission(Take Out) $ 23,524,124 12,447,462 35,971,586 Track Commission $ 9,278,151 5,194,360 14,472,511 Purses Earned $ 9,278,151 5,194,360 14,472,511 Out-of-State Simulcast Fee $ 3,539,300 1,273,444 4,812,744 Par!-mutuelTax $ 1,428,522 785,299 2,213,820 Public Pool $ 91,222,781 46,539,918 137,762,699 -Breakage $ 645,081 308,945 954,025 -Surcharge $ 1,320,783 684,759 2,005,542 Payout to Public $ 89,256,917 45,546,214 134,803,131 15 OFF TRACK (OTB PARLORS) THOROUGHBRED HARNESS ALL MEETS MEM MEETS Live Programs Raced 6,943 6,973 13,916 LIVE RACING DAY HANDLE Illinois Handle on Illinois Races 40,274,288 32,041,876 72,316,164 Illinois Handle on Out-of-State Races 148,910 016 71,282,014 220,192,030 Combined Illinois Handle 189,184,304 103,323,891 292,508,195 DARK DAY HANDLE(Illinois Handle on Out of State Races) Total Dark Day Handle 84,201,006 19,745,444 103,946,450 TOTAL 1LLMIS HANDLE 273,385,310 123,069 335 396 454,644 AVERAGE LIVE RACING DAY HANDLE Average Illinois Handle on Illinois Races 151,407 101,398 124,255 Average Illinois Handle on Out-of-State Races 559,812 225,576 378,337 Average Combined Illinois Handle 711,219 326,974 502,591 AVERAGE DARK DAY HANDLE(Illinois Handle on Out-of-State Races) Average Total Dark Day Handle 536,312 182,828 392,251 Combined Illinois Handle $ 273,385,310 123,069,335 396,454,644 -Commission(Take Out) $ 56,648,303 26,313,318 82,961,621 Track Commission $ 23,910,226 12,528,798 36,439,024 Purses Earned $ 20,324,753 9,477,640 29,802,393 Out-of-State Simulcast Fee $ 8,567,518 2,563,090 11,130,608 Pari-mutuel Tax $ 3,845,806 1,743,790 5,589,596 Public Pool $ 216,737,007 98,756,017 313,493,023 -Breakage $ 1,155,668 527,076 1,682,743 -Surcharge $ 5,227,762 2,313,648 7,541,410 Payout to Public $ 210,353,577 93,915,293 304,268,870 16 ALL LOCATIONS THOROUGHBRED HARNESS ALL MEETS MEETS MEE'T'S Live Programs Raced 8,521 8,568 17,069 Total Live Programs Raced+Dark Days 420 374 794 Live Races Run 2,425 3,238 5,663 Attendance 1,555,586 528,552 2,084,138 Admission Tax 74,534 10,757 85,290 License l=ee 34,350 31,370 65,720 License Fee-Daily Handle 7,400 0 7,400 Purses Distributed 48,949,553 23,857,985 72,807,538 Uncashed Tickets(2007) 2,764,217 1,299,818 4,064,035 LIVE RACING DAY HANDLE Illinois Handle on Illinois Races 123,883,848 62,106,103 185,989,951 Illinois Handle on Out-of-State Races 254,236,055 116,718,890 370,954,944 Combined Illinois Handle 378,119,903 176,824,993 556,944,895 Out-of-State Handle(Commingled)on Illinois Races 535,491,329 204,070,673 739,562,003 Total Live Racing Day Handle 913,611,232 382,895,666 1,296,506,898 DARK DAY HANDLE(Illinois Handle on Out of State Races) Iota!Dark Day Handle 130,224,063 29,459,953 159,684,016 ILLINOIS HANDLE FROM ILLINOIS FACILITIES 508,343,965 206,284,946 716,628,911 ILLINOIS HANDLE FROM ADVANCE DEPOSIT WAGERING 20,111,582 TOTAL ILLINOIS HANDLE 736,740,493 OUT OF STATE COMMINGLED HANDLE 535,491,329 204,070,673 739,56_1003 GRAND TOTAL MEET HANDLE 1,043,835,295 412 355 619 1,476.L302-496 AVERAGE LIVE RACING DAY HANDLE Average Illinois Handle on Illinois Races 465,729 1 96,538 319,570 Average Illinois Handle on Out-of-State Races 955,775 369,364 637,380 Average Combined Illinois Handle 1,421,503 565,902 956,950 Average Out-of-State Handle(Commingled)on Illinois Races 2,013,125 645,793 1,270,7_25 Average Total Live Racing Day Handle 3,434,629 1,211,695 2,227,675 AVERAGE DARK DAY HANDLE(Illinois Handle on Out-of-Slate Races) Average Total Dark Day Handle 829,453 272,777 602,581 Combined Illinois Handle $ 508,343,965 208,284,946 716,628,911 -Commission(Take Out) $ 104,362,390 44,288,999 148,651,388 Track Commission $ 43,417,909 20,150,755 63,568,664 Purses Earned $ 39,832,436 17,099,597 56,932,033 Out-of-State Simulcast Fee $ 14,130,469 4,116,142 18,246,611 Pari-mutuel Tax $ 6,981,576 2,922,506 9,904,081 Public Pool $ 403,981,576 163,995,947 567,977,523 -Breakage $ 2,622,376 988,783 3,611,159 -Surcharge $ 6,609,385 3,132,212 9,741,597 Payout to Public $ 394,749,815 159,874,952 554.624,767 17 2009 COMPARISON OF WAGERING POOLS COMBINED LIVE RACING AND SIMULCASTS TOTAL ON INTER OFF % THOROUGHBRED MEETS HANDLE TRACK % TRACK %% TRACK % Arlington Park 36.2% WIN,PLACE AND SHOW 106,478,764 33,932,397 31.9% 22,189,510 20.8% 50,356,857 47.3% 29.0% 2-HORSE 85,247,665 21,262,692 24.9% 17,924,034 21.0% 46,060,939 54.0% 34.8% 3-HORSE 102,453,849 25,481,712 24.9% 20,174,158 19.7% 56,797,979 55.4% TOTAL HANDLE 294,180,278 80,676,801 27.4% 60,287,702 20.5% 153,215,775 52.1% Hawthorne Race Course 33.9% WIN,PLACE AND SHOW 69,078,158 14,150,909 20.5% 17,357,929 25.1% 37,569,320 54.4% 30.0% 2-HORSE 61,235,220 8,666,062 14.2% 16,417,062 26.8% 36,152,096 59.0% 36.1% 3-HORSE 73,678,860 9,044,350 12.3% 20,011,823 27.2% 44,622,688 60.6% TO7ALHANDLE 203,992,238 31,861,321 15.6% 53,786,814 26.4% 118,344,104 58.0% Fairmount Park 45.5% WIN,PLACE AND SHOW 4,625,506 3,728,066 80.6% 279,287 6.0% 618,153 13.4% 27.2% 2-NORSE 2,764,315 1,971,783 71.3% 203,541 7.4% 588,991 21.3% 27.3% 3-HORSE 2,781,629 1,973,780 71.0% 189,561 6.8% 618,288 22.2% TOTAL HANDLE 10,171,450 7,673,629 75.4% 672,389 6.6% 1,825,432 17.9% THOROUGHBRED TOTAL 35.4% WIN,PLACE AND SHOW 180,182,428 51,811,372 28.8% 39,826,726 22.1% 88,544,330 49.1% 29.4% 2-HORSE 149,247,200 31,900,537 21.4% 34,544,637 23.1% 82,802,026 55.5% 35.2% 3-14ORSE 176,914,337 36,499,842 20.4% 40,375,542 22.6% 102,038,954 57.0% TOTAL HANDLE j 508,343,9651 120,211,751 23.6%1 114,746,905 22.6%1 273,385,310 53.8% TOTAL ON INTER OFF °In HARNESS MEETS HANDLE TRACK % TRACK % TRACK % Balmoral Racing Club 30.8% WIN,PLACE AND SHOW 39,953,575 4,950,593 12.4% 12,339,932 30.9% 22,663,050 56.7% 27.0% 2-HORSE 34,956,045 3,782,113 10.8% 10,319,863 29.5% 20,854,069 59.7% 42.2% 3-HORSE 54,774,956 6,237,145 11.4% 15,517,641 28.3% 33,020,171 60.3% TOTAL HANDLE 129,684,576 14,969,851 11.5% 38,177,436 29.4% 76,537,290 59.0% Maywood Patio Trot.Assoc. 30.8% WIN,PLACE AND SHOW 23,908,639 3,681,859 15.4% 6,732,754 28.2% 13,494,026 56.4% 27.1% 2-HORSE 21,063,702 2,845,725 13.5% 5,534,580 26.3% 12,683,397 60.2% 42.1% 3-HORSE 32,648,023 4,087,526 12.5% 8,426,431 25.8% 20,134,066 61.7% TOTAL HANDLE 77,620,364 10,615,110 13.7% 20,693,765 26.7% 46,311,489 59.7% Springfield Slate Fair 38.6% WIN,PLACE AND SHOW 207,626 160,358 77.2% 18,630 9.0% 28,638 13.8% 29.8% 2-HORSE 160,366 107,587 67.1% 16,256 10.1% 36,523 22.8% 31.5% 3-HORSE 169,369 110,930 65.5% 17,839 10.5% 40,600 24.0% TOTAL HANDLE 537,361 378,875 70.5% 52,725 9.8% 105,761 19.7% DuQuoin State Fair 41.4% WIN,PLACE AND SHOW 171,842 110,374 64.2% 23,729 13.8% 37,739 22.0% 27.3% 2-HORSF. 113,446 62,400 55.0% 17,758 15.7% 33,288 29.3% 31.3% 3-HORSE 129,879 64,143 49.4% 21,968 16.9% 43,768 33.7% T01ALHANDLE 1 415,1671 236,917 57,1%1 63,455 15.3% 114,795 27.7% ig TOTAL ON INTER OFF % HARNESS MEETS HANDLE TRACK % TRACK °/a TRACK % Brown County Fair 64.0% WIN,PLACE AND SHOW 17,589 17,589 100.0% 0 0,0% 0 0.0% 33.4% 2-HORSE 9,180 9,180100.0% 0 0.0% 0 0.0% 2,6% 3-NORSE 709 709 100.0% 0 0.0% 0 0.0% TOTAL HANDLE 27,478 27,478 100,0% 0 0.0% 0 0,0% HARNESS TOTAL 30.9% WIN,PLACE AND SHOW 64,259,271 8,920,773 13.9% 19,115,045 29.7% 36,223,453 56.4% 27.0% 2-HORSE 56,302,739 6,807,005 12.1% 15,888,457 28.2% 33,607,277 59.7% 42.1% 3-HORSE 87,722,936 10,500,453 12.0% 23,963,878 27.3% 53,238,605 60.7% TOTAL IIANDLE I 208,284,946 1 26,228,231 12.6% 58,987,380 28.3%1 123,069,335 59.1% ALL RACING TOTAL. 34.1% WIN,PLACE AND SHOW 244,441,699 60,732,145 24.8% 58,941,771 24.1% 124,767,783 51.0% 28.7% 2-HORSE 205,549,939 38,707,542 18.8% 50,433,094 24.5% 116,409,303 56.6% 37.2% 3-I1ORSE 266,637,273 47,000,295 17.6% 64,359,420 24.1% 155,277,558 58.2% 7OTALHANDLE 716,628,911 146,439,982 20.4% 173,734,285 24.2% 396,454,644 55.3% TOTAL ON INTER OFF HANDLE TRACK % TRACK % TRACK % LIVE ILLINOIS RACING 37.2% WIN,PLACE AND SHOW 69,234,594 36,031,775 52.0% 10,304,819 14.9% 22,898,000 33.1% 26.9% 2-HORSE 49,977,918 20,763,551 41.5% 9,009,625 18.0% 20,204,742 40.4% 35.9% 3-11ORSE 66,777,439 24,994,767 37.4% 12,569,249 18.8% 29,213,422 43.7% TOTAL HANDLE 185.989,951 81,790,093 44.0% 31,883,693 17.1% 72,316,164 38.9% SIMULCAST RACES 33.0% WIN,PLACE AND SHOW 175,207,105 24,700,370 14.1% 48,636,952 27,8% 101,869,783 58.1% 29.3% 2-HORSE 155,572,021 17,943,991 11.5% 41,423,469 26.6% 96,204,561 61.8% 37.7% 3-11ORSE 199,859,835 22,005,527 11.0% 51,790,171 25.9% 126,064,136 63.1% T07ALHANDLE 530,638,961 64,649,888 12.2% 141,850,592 26.7% 324,138,480 61.1% AVERAGE TAKEOUT RATES WHEN SIMULCASTING OUT-OF-STATE RACES (Based on actual Illinois wagering combinations on out-of-state races) WIN,PLACE,SHOW 2-HORSE 3-HORSE ILLINOIS THOROUGHBRED MEETS 16.93% 20.37% 24.03% ILLINOIS HARNESS MEETS 17.27% 20.98% 24.30% TOTAL ILLINOIS MEETS 17.02% 20.53% 24.11% Note: Advance Deposit Wagering is not included above and totalled 20,111,582. ADVANCE;DEPOSIT WAGERING 34.3% WIN,PLACE AND SHOW 6,889,695 26.0% 2-HORSE 5,237,938 39.7% 3-HORSE 7,Q83 49 TOTAL HANDLE 20,111,582 19 2009 OFF TRACK PARLOR HANDLES AVERAGE LIVE ILLINOIS SIMULCAST TOTAL DAILY HANDLE HANDLE HANDLE HANDLE OAKBROOK TERRACE-Hawthorne 6,895,406 32,327,501 39,222,907 107,755 CHICAGO (Weed St.) -Arlington 5,636,152 29,001,443 34,637,595 95,158 NILES- Maywood 6,572,734 27,785,288 34,358,022 94,390 CRESTWOOD- Hawthorne 7,619,219 26,546,598 34,165,817 93,862 CHICAGO (Corliss) - Balmoral 6,742,423 23,973,866 30,716,289 84,385 CHICAGO (W. Jackson) -Maywood CLOSED 6/14/09 1,815,588 9,633,986 11,449,573 69,391 WAUKEGAN-Arlington 3,786,147 20,726,776 24,512,923 67,343 CHICAGO (LaSalle & Ohio) - Hawthorne 3,659,680 17,384,712 21,044,392 57,814 HODGKINS -Arlington 3,216,738 14,175,754 17,392,492 47,782 JOLIET- Hawthorne 2,914,521 11,675,362 14,589,683 40,082 MOKENA- Maywood 2,647,883 9,841,133 12,489,016 34,310 SAUGET- Fairmount 1,696,509 10,481,968 12,178,476 33,457 ROCKFORD- Quad City Downs 2,147,899 9,547,430 11,695,329 32,130 MCHENRY-Quad City Downs 1,728,935 8,778,549 10,507,484 28,867 SOUTH ELGIN - Quad City Downs 1,779,190 8,364,410 10,143,600 27,867 ELK GROVE VILLAGE Hawthorne 1,912,587 7,295,080 9,207,668 25,296 AURORA-Maywood 1,696,643 7,153,406 8,850,049 24,313 LOCKPORT- Quad City Downs 1,380,086 6,310,061 7,690,147 21,127 N. AURORA-Maywood 1,474,688 5,996,392 7,471,081 20,525 CHAMPAIGN - Balmoral 1,125,291 6,333,106 7,458,397 20,490 SPRINGFIELD-Fairmount 1,239,078 5,792,492 7,031,570 19,317 ALTON - Fairmount 931,438 5,852,314 6,783,752 18,637 PEORIA- Balmoral CLOSED 11/08/09 840,548 4,184,378 5,024,926 16,106 SOUTH BELOIT- Quad City Downs 870,387 4,635,349 5,505,736 15,126 BUFFALO GROVE- Balmoral OPENED 08/03/09 401,669 1,620,280 2,021,949 13,480 NORMAL-Balmoral 614,080 3,942,725 4,556,805 12,519 PERU - Hawthorne 606,071 2,586,545 3,192,616 8,771 CARBONDALE-Fairmount CLOSED 10/25/09 364,578 2,191,577 2,556,154 8,578 TOTAL 72,316,164 324,138,480 396,454,644 1,089,161 2009 1NTERTRACK HANDLES AVERAGE LIVE ILLINOIS SIMULCAST TOTAL DAILY HANDLE HANDLE HANDLE HANDLE ARLINGTON PARK 7,973,576 35,659,364 43,632,940 119,871 MAYWOOD PARK 7,632,740 31,853,154 39,485,894 108,478 HAWTHORNE RACE COURSE 8,318,741 29,600,260 37,919,001 104,173 FAIRMOUNT PARK 4,171,281 27,198,902 31,370,183 86,182 QUAD CITY DOWNS 1,929,418 9,104,982 11,034,400 30,314 BALMORAL PARK 1,657,938 8,433,930 10,291,868 28,274 TOTAL 31,883,693 141,850 592 173,734,285 477,292 20 SUMMARY OF SURCHARGES AND REVENUES TO LOCAL GOVERNMENTS FROM OFF TRACK PARLORS IN 2009 TOTAL REVENUE REVENUE OVERT SURCHARGE TO CITY TO COUNTY (UNDER} DATE DATE ON I1%OF (1%of TO CITY-LICENSEE CODE OPENED C_ LOSED COUNTY HANDLE WINNINGS NANDLE} NANDLEE LICENSEE WAUKEGAN-ARL 12/30/88 LAKE 24,512,923 465,636 245,129 245,129 (24,622) CHICAGO(Weed St.)-ARL 06/04/93 COOK 34,637,595 661,455 346,376 346,376 (31,297) HODGKINS-ARL 12/10/07 COOK 17,392,492 329,544 173,925 173,925 18,306 CHICAGO(Corliss)-BAL 04/18/91 COOK 30,716,289 572,654 307,163 307,163 (41,672) NORMAL-SAL 07/13/06 MCLEAN 4,556,805 84,589 45,568 45,568 (6,547) CHAMPAIGN-BAL 10/23/08 CHAMPAIGN 7,458,397 136,003 74,584 74,584 (13,165) BUFFALO GROVE-BAL 08/03109 LAKE 2,021,949 39,451 20,219 20,219 (988) PEORIA-BAL 05/03/00 11/08/09 PEORIA 5,024,926 96,686 50,249 50,249 3,813 SPRINGFIELD-FMT 45/05/88 SANGAMON 7,031,570 132,581 70,316 70,316 (8,051) SAUGET-FMT 02/12/01 ST.CLAIR 12,178,476 235,127 121,785 121,785 (8,443) ALTON-FMT 1 0/03/02 MADISON 6,783,752 130,250 67,838 67,838 (5,425) CARBONDALE-FMT 08/20/92 10/25/09 JACKSON 2,556,154 48,135 25,562 25,562 2,988 OAKBROOK TERRACE-HAW 09/04/92 DUPAGE 39,222,907 749,113 392,229 392,229 (35,345) JOLIET-HAW 10/25/90 WILL 14,589,883 281,260 145,899 145,899 (10,537) CRESTWOOD-HAW 02/17192 COOK 34,165,817 647,269 341,658 341,658 (36,048) PERU-HAW 03/05/92 LASALLE 3,192,616 60,695 31,926 31,926 (3,157) ELK GROVE VILLAGE-HAW 10/19/07 COOK 9,207,668 176,215 92,077 92,077 (7,939) CHICAGO LaSalle St. -HAW 11/19/07 COOK 21,044 392 396,480 210,444 210,444 24,407 NILES-MAY 04/24/06 COOK 34,358,022 664,149 343,580 343,580 (23,011) MOKENA-MAY 05/16/03 WILL 12,489,016 236,284 124,890 124,890 (13,497) AURORA-MAY 04/08/05 DUPAGE 8,850,049 172,174 88,500 88,500 (4,827) NORTH AURORA-MAY 10/25/07 KANE 7,471,081 152,078 74,711 74,711 2,657 CHICAGO W.Jackson -MAY 07/19/88 06/14/09 COOK 11,449 573 216,550 114,496 114,496 12,441 ROCKFORD-QCD 11/18/87 WINNEBAGO 11,695,329 217,966 116,953 116,953 (15,941) SOUTH ELGIN-QCD 12/07/02 KANE 10,143,600 192,614 101,436 101,436 (10,258) SOUTHBELOIT-QCD 02/17/04 WINNEBAGO 5,505,736 '105,445 55,057 55,057 (4,669) McHENRY-QCD 12/08/05 MCHENRY 10,507,484 195,553 105,075 105,075 (14,597) LOCKPORT-QCD 01/31/07 WILL 7,690,147 145,455 76,901 76,901 8,34$ TOTAL 396,454,644 7,541,410 3,964,546 3,964,546 (387,683) OTS PARLOR IN BOLD OPENED IN 2009 LICENSEE CODES ARL ARLINGTON BAL BALMORAL FMT FAIRMOUNT MAY MAYWOOD HAW HAWTHORNE QCD QUAD CITY DOWNS 21 WHAT DID ILLINOIS BETTORS WAGER ON IN 2009? ILLINOIS ILLINOIS OUT OF STATE TRACKS HANDLE ILLINOIS TRACKS HANDLE Santa Anita 25,975,876 Arlington 75,939,211 Belmont 25,130,805 Balmoral 39,601,147 Meadowlands 21,973,107 Hawthorne 37,773,188 Churchill 21,719,748 Maywood 21,524,990 Gulfstream 19,753,095 Fairmount 10,171,450 Woodbine 19,541,376 State/County Fairs 980,006 Aqueduct 19,502,125 TOTAL 185,989,951 Tampa Bay Downs 18,666,512 Calder 15,293,540 Northfield 15,079,888 Fairgrounds 14,602,452 Mountaineer 13,691,692 Hollywood 13,602,868 Saratoga 11,485,937 Golden Gate 10,966,016 Turfway Park 10,612,855 Los Alamitos 9,847,870 Philadelphia Park 9,735,750 Keeneland 9,309,999 Yonkers 9,265,002 Oaklawn Park 9,178,882 Indiana Downs 9,139,477 Hoosier Park 9,066,401 Monmouth 8,557,444 Turf Paradise 8,459,348 All Others (88 Tracks) 170,480,896 TOTAL 530,638,961 ILLINOIS ILLINOIS THOROUGHBRED MEETS HANDLE ILLINOIS THOROUGHBRED RACES 123,883,848 OUT OF STATE THOROUGHBRED RACES 340,142,822 OUT OF STATE HARNESS RACES 37,079,300 OUT OF STATE QUARTERHORSE RACES 7237,995 TOTAL 506,343,965 ILLINOIS HARNESS MEETS ILLINOIS HARNESS RACES 62,106,103 OUT OF STATE THOROUGHBRED RACES 60,262,272 OUT OF STATE HARNESS RACES 72,911,620 OUT OF STATE QUARTERHORSE RACES 13,004,951 TOTAL 208,284,946 ALL ILLINOIS MEETS ALL THOROUGHBRED RACES 524,288,942 73.16% ALL HARNESS RACES 172,097,023 24.01% ALL QUARTERHORSE RACES 20 242,946 2.82% TOTAL 716,628,911 22 Note: Advance Deposit Wagering is not included above and totalled 20,111,582. 2009 COMMINGLED HANDLE VS. SIMULCAST HANDLE COMMINGLED IN SIMULCASTING OUT-OF-STATE ILLINOIS HANDLE HANDLE INTO ON OUT-0F- "TRADE BALANCE" THOROUGHBRED MEETS ILLINOIS POOLS STATE RACES DIFFERENCE DARK PERIOD 1/12-3/3 (ARLINGTON) 0 61,752,778 (61,752,778) DARK PERIOD 3/4-3/5 (HAWTHORNE) 0 2,247,878 (2,247,878) TOTAL DARK PERIOD(BOTH MEETS) 0 64,000,656 (64,000,656) ARLINGTON PARK 316,424,427 156,488,289 159,936,138 HAWTHORNE RACE COURSE 212,772,825 163,971,172 48,801,653 FAIRMOUNT PARK 6,294,077 0 6,294,077 THOROUGHBRED TOTAL 535,491,329 384,460,118 151,031,212 COMMINGLED IN SIMULCASTING OUT-OF-STATE ILLINOIS HANDLE HANDLE INTO ON OUT-OF- "TRADE BALANCE" HARNESS MEETS ILLINOIS POOLS STATE RACES DIFFERENCE DARK PERIOD 115-1/27 (BALMORAL) 0 9,108,375 (9,108,375) BALMORAL RACING CLUB 133,741,925 80,975,094 52,766,831 MAYWOOD PARK TROTTING 69,942,795 56,095,374 13,847,421 SPRINGFIELD FAIR 168,691 0 168,691 DUQUOIN FAIR 217,263 0 217,263 HARNESS TOTAL 204,070,673 146,178,643 57,891,830 ADVANCE DEPOSIT WAGERING(ADW) 0 17,158,080 (17,156,080) ALL RACING TOTAL 739,562,003 54T,79T,041 191,764,962 1988 - 2009 "TRADE BALANCE" FROM SIMULCASTING INTO AND OUT OF ILLINOIS COMMINGLED IN SIMULCASTING OUT-OF-STATE ILLINOIS HANDLE "TRADE HANDLE INTO ON OUT-OF- BALANCE" ILLINOIS POOLS STATE RACES DIFFERENCE 1988 not allowed 17,561,687 (17,561,687) 1989 not allowed 21,489,159 (21,489,159) 1990 18,795,400 23,020,321 (4,224,921) 1991 17,255,791 30,321,477 (13,065,686) 1992 82,581,380 34,054,510 48,526,870 1993 127,121,414 47,861,326 79,260,088 1994 233,137,790 56,851,822 176,285,966 1995 297,133,418 329,642,288 (32,508,870) 1996 551,232,436 572,268,505 (21,036,069) 1997 524,992,359 626,324,386 (101,332,027) 1998 455,011,181 699,709,458 (244,698,277) 1999 516,104,829 729,639,342 (213,534,513) 2000 628,884,689 724,779,204 (95,894,515) 2001 743,634,500 738,639,096 4,995,404 2002 914,879,233 749,400,714 165,478,519 2003 765,812,794 759,673,491 6,139,303 2004 834,052,261 732,303,750 101,748,511 2005 896,740,508 699,214,766 197,525,742 2006 844,791,759 693,097,332 151,694,427 2007 841,087,982 674,774,868 166,313,114 2008 846,028,897 598,518,783 247,510,115 2009 739,562,003 547,797,041 191,764,962 Notes: In 2002,Arlington commingled in$91.5 million on Breeder's Cup Day. In 2003,there was a Harness labor dispute totaling 86 days. In 2009,Advance Deposit Wagering wagered 17,158,080 on out-of-stale races and is Included above. 23 THOROUGHBRED MEETS Average Daily Handle and Purses on Live Race Days I partial program 2 partial programs 1 partial program not Included not included not Included NATIONAL JOCKEY CLUB AT NJC NJC NJC NJC HRC HRC HRC SPORTSMAN'SIHAWTHORNE 2003 2004 2005 2006 2007 2008 2009 (al Hawthorne) (al Hawthoma) (al Hawthorne) (al Hawthorne) SPRING MEET SPRING MEET SPRING MEET Live Racing Programs 48 47 54 48 44 47 47 Purses Distributed 213,278 220,118 219,651 243,741 209,595 194,269 180,840 Total Illinois on Illinois Races 668,693 627,418 554,926 451,946 434,971 395,412 342,383 Total Illinois on Out of State Races 1,667,053 1,717,830 1,602,718 1,447,698 1,601,413 1,439,628 1,336 4_37 Total Illinois on Illinois and 2,335,746 2,345,248 2,157,644 1,899,642 2,036,384 1,835,040 1,678,820 Out of Stale Races Out of State on Illinois Races 1,751,127 1,753,409 1,664,097 1,944,857 1,846,238 1,931,733 1,697,112 ARLINGTON PARK 2003 2004 2005 20D6 2007 2008 2009 Live Racing Programs 104 96 94 95 94 96 gB Purses Distributed 280,752 274,649 257,724 272,225 277 139 271,960 273,115 Total Illinois on Illinois Races 948,402 958,968 949,366 804,314 952,320 661,554 774,890 Total Illinois on Out of State Races 1,473,809 1,483A62 1,436,599 1,517,993 1,522,084 1,412,071 1,254,142 Total Illinois on Illinois and 2,422,211 2,442,429 2,385,965 2,322,307 2,474,404 2,273,625 2,029,032 Out of Stale Races Out of State on Illinois Races 2,980,198 3,062,295 3,299,126 3,096,190 3,495,589 3,429,585 3,228,821 3 partial programs 2 partial programs not included not Included HAWTHORNE RACE COURSE 2003 2004 2005 2006 2007 2008 2009 FALL MEET FALL MEET FALL MEET Live Racing Programs 67 67 71 77 69 61 61 Purses Distributed 212,231 209,518 213,095 202,718 198,788 190,093 174,890 Total Illinois on Illinois Races 629,954 611,392 534,505 473,796 450,861 411,531 355,429 Total Illinois on Out of State Races 1,484,281 1,452,9227 1,381,435 1,437,594 1,411,738 1,264,728 1,123,239 Total Illinois on Illinois and 2,114,235 2,064,319 1,915,940 1,911,390 1,862,599 1,676,259 1,478,668 Out of State Races Out of State on Illinois Races 2,164,505 2,173,811 2,449,988 2,303,986 2,288,462 2,440,665 2,212,427 4 partial programs 1 partial programs not Included not included FAIRMOUNT 2003 2004 2005 2006 2007 20D8 2009 Live Racing Programs 102 101 102 90 85 58 57 Purses Distributed 64,412 64,174 59,155 67,225 56,070 59,123 52,921 Total Illinois on Illinois Races 226,902 210,461 188,798 202,288 186,991 193,520 178,446 Out of State on Illinois Races 110,676 83,542 92,267 107,438 130,073 137,663 110,422 24 HARNESS MEETS Average Daily Handle and Purses on Live Race Days 2 partial programs not included BALMORAL 2003 2004 2005 2006 2007 2008 2009 Live Racing Programs 128 173 180 190 173 174 157 Purses Distributed 131,217 114,725 101,790 96,438 101,022 94,749 94,825 Total Illinois on Illinois Races 439,983 429,073 379,888 315,862 311,809 265,461 252,236 Total Illinois on Out of State Races 627.479 598,786 57__.2,152 515.935 503,075 40.__ 7,647 386.137 Total Illinois on Illinois and 1,067,461 1,027,859 952,040 831,797 814,884 673,128 638,373 Out of State Races Out or State on Illinois Races 886,313 970,584 939,311 826,571 857,090 920,737 856,314 i In 2006 and 2007, Balmoral raced 7 matinee programs in January and February with no Host Simulcasting. These matinees are not included in the above handle averages. MAYWOOD 2003 2004 2005 2006 2007 2008 2009 Live Racing Programs 97 133 132 89 88 88 96 Purses Distributed 96,466 89,032 71,793 74,915 76,882 74,310 67,935 Total Illinois on Illinois Races 341,655 334,294 292,304 330,066 310,412 261,112 224,219 Total Illinois on Out of State Races 696.935 688.874 653,275 823,249 785,854 669,439 584,327 Total Illinois on Illinois and 1,038,591 1,023,168 995,579 1,153,314 1,096,266 930,551 808,546 Out of State Races Out of State on Illinois Races 700,465 729,682 775,157 920,943 876,253 829,138 731,744 SUBURBAN DOWNS AT HAWTHORNE 2003 2004 2005 2006 2007 2008 2009 Live Racing Programs 49 55 48 37 39 39 No Dates Purses Distributed 97,852 104,906 92,933 96,009 97,429 92,170 Awarded Total Illinois on Illinois Races 426,254 424,493 393,058 350,765 341,758 290,693 Total Illinois on Out of State Races 698.647 635.154 597,527 693.504 644,766 550.654 Total Illinois on Illinois and 1,124,901 1,056,647 990,585 1,044,269 9136,547 841,547 Out of State Races Out of State on Illinois Races 663,844 696,454 870,264 771,350 833,322 832,497 25 ILLINOIS MONTHLY HANDLE COMPARISON 2009 LIVE AND SIMULCAST HANDLE COMBINED THOROUGHBRED HARNESS ALL MEETS MEETS MEETS JANUARY 37,503,782 15,456,408 52,960,190 FEBRUARY 36,864,001 17,581,213 54,445,214 MARCH 42,395,396 18,694,942 61,090,338 APRIL 44,104,109 18,542,534 62,646,643 MAY 62,776,013 20,902,237 83,678,249 JUNE 44,387,551 18,514,076 62,901,627 JULY 46,647,200 20,076,176 66,723,376 AUGUST 48,946,831 19,032,573 67,979,404 SEPTEMBER 38,250,195 16,059,134 54,309,329 OCTOBER 37,931,177 16,416,028 54,347,205 NOVEMBER 38,450,332 14,479,042 52,929,374 DECEMBER 30,087,380 12,530,584 42,617,963 TOTAL 508,343,965 208,284,946 716,628,911 LIVE ILLINOIS RACES ONLY THOROUGHBRED HARNESS ALL MEETS MEETS MEETS JANUARY 3,048,813 2,040,952 5,089,765 FEBRUARY 0 4,972,609 4,972,609 MARCH 5,725,607 5,556,842 11,282,648 APRIL 8,958,214 5,393,003 14,351,217 MAY 19,207,796 6,629,147 25,836,943 JUNE 14,748,290 5,915,011 20,663,301 JULY 19,219,809 6,297,822 25,517,631 AUGUST 18,586,600 6,043,493 24,630,093 SEPTEMBER 12,707,350 5,518,300 18,225,650 OCTOBER 8,214,574 5,094,119 13,308,693 NOVEMBER 7,586,633 4,763,573 12,350,206 DECEMBER 5,879,962 3,881,233 9,761,195 TOTAL 123,883,848 62 106103 185,989,951 SIMULCAST RACES ONLY THOROUGHBRED HARNESS ALL MEETS MEETS MEETS JANUARY 34,454,969 13,415,456 47,870,425 FEBRUARY 36,864,001 12,608,604 49,472,605 MARCH 36,669,589 13,138,100 49,807,689 APRIL 35,145,895 13,149,531 48,295,425 MAY 43,568,217 14,273,090 57,841,306 JUNE 29,639,261 12,599,065 42,238,327 JULY 27,427,390 13,778,355 41,205,745 AUGUST 30,360,231 12,989,080 43,349,311 SEPTEMBER 25,542,845 10,540,835 36,083,680 OCTOBER 29,716,603 11,321,909 41,038,512 NOVEMBER 30,863,699 9,715,469 40,579,168 DECEMBER 24,207,418 8,649,351 32,856,768 TOTAL 384 460118 146,178,843 530,638,961 26 Totals do not include ADW handle of 20,111,582 that began October 13, 2009. 2009 MAJOR STAKE RACES THOROUGHBRED DATE Hawthorne Race Course Spring Meet PURSE HORSE JOCKEY_ April 4 ILLINOIS DERBY $500,000 MUSKET MAN E.COA April 18 SIXTY SAILS HANDICAP $200,000 SWIFT TEMPER C.EMIGH April 25 PEACH OF IT HANDICAP $102,825 HOME'S THE BEST L.WADE April 25 PRETTY JENNY STAKES $98,450 BOW TIE PASTA E.RAZO JR. April 25 ROBERT S.MOLARO HANDICAP $91,125 MIGHTY RULE J.CAMPBELL DATE Arlington Park PURSE HORSE JOCKEY August 8 ARLINGTON MILLION $1,000,000 GIO PONTI R.DOMINGUEZ August 8 THE BEVERLY D. $750,000 DYNAFORCE K.DESORMEAUX August 8 THE SECRETARIAT $400,000 TAKE THE POINTS K.DESORMEAUX July 11 THE AMERICAN DERBY $300,000 REB J.LEPAROUX July 11 ARLINGTON SPRINT $200,000 YANKEE INJUNUITY E.T BAIRD July 11 MODESTY HANDICAP $200,000 PURE CLAN J.LEPAROUX July 11 ARLINGTON HANDICAP $200,000 JUST AS WELL E.T.BAIRD May 23 AMERICAN 1000 GUINEAS $200,000 CONSEQUENCE J.VEtAZQUEZ September 5 WASHINGTON PARK HANDICAP $200,000 GRAN ESTRENO E,T,BAIRD September 7 PUCKER UP STAKES $200,000 HOT CHA CHA J.GRAHAM DATE Hawthorne Race Course Fall Meet PURSE HORSE JOCKEY October 3 HAWTHORNE GOLD CUP $500,000 AWESOME GEM D.FLORES October 10 HAWTHORNE DERBY $200,000 PROCEED BEE C.EMIGH October 3 INDIAN MAID HANDICAP $113,100 ABBY'S ANGEL J.COURT October 31 BUCK'S BOY HANDICAP $103,950 HE'S BONAFIDE E.PEREZ October 3 ROBERT F.CAREY MEMORIAL $100,000 PUBLIC SPEAKER J.ALVARADO HARNESS DATE Balmoral Park PURSE. HORSE DRIVER November 14 AMERICAN NATIONAL 3YO COLT PACE $265,000 STRAIGHT SHOOTING G,BRENNAN September 19 ORANGE&BLUE 2YO FILLY PACE $250,000 FOX VALLEY ORACLE T.BUTER September 19 ORANGE&BLUE 2YO COLT PACE $240,000 POWER OF MOMENT M.MILLER November 14 AMERICAN NATIONALAGED PACE $200,000 WON THE WEST D.PALONE September 19 GRANDMAANN 3YO FILLY PACE $190,000 FOX VALLEY TOPAZ M.00STING DATE Mood Park PURSE HORSE DRIVER November 20 WINDY CITY 3YO COLT PACE $225,000 N OVER MY HEAD D.HITEMAN November 20 ABE LINCOLN 2 YO COLT PACE $130,000 OK COMMANDER T.TETRICK November 20 CINDERELLA 3 YO FILLY PACE $100,000 YELLOW DIAMOND T.TETRICK June 19 MAYWOOD 3 YO FILLY PACE $100,000 NATIVE HOTSPUR S.WIDGER June 26 MAYWOOD 3 YO COLT PACE $100,000 WHAT IT MEANS M.00STING November 20 GALT 3 YO TROT $90,000 SOUTHERN ROCKETOP DA.MAGEE 27 2009 - 2010 RACING DATES THOROUGHBRED RACING DATES 2009 2010 ARLINGTON PARK Arlington Park. . . . .. . . .. . . . . . .. . . 98 Live Days 91 Live Days May 1 -June 34,4 day week April 28-September 28,4 day week Juiy 1 -August 29,5 day week HAWTHORNE RACE COURSE August 30-September 30,4 day week Hawthorne Race Course, Inc. , , a , .., 115 Live Days 109 Live Days January 1 -January 11,5 day week January 1 and 2 March 6-April 30,5 day week February 12-February 27,3 day week October 1 -December 31,5 day week February 28-March 27,4 day week March 28-April 27,5 day week September 29-December 31,5 day week FAIRMOUNT PARK Fairmount Park, Inc. . . . . .. . . . . .. . .. 75 Live Days 52 Live Days April 7-September 26,3 day week April 27-August 24,3 day week HARNESS RACING DATES 2009 2010 SALMORAL PARK 171 Live Days 144 Live Days Balmoral Racing Club, Inc.. . . . . .. .. January 3 and 4 January 2 and 3 January 28-April 29,3 night week January 27- December 29,3 night week May 2-October 31,4 night week November 1 -December 30,3 night week MAYWOOD PARK Maywood Park Trotting Assoc., Inc. . .. 96 Live Days 97 Live Days January i and 2 January i Janury 29-December 31,2 night week Janury 28-December 31,2 night week STATE FAIRS Springfield State Fair. . . .. . . . . ..... 6 Live Days,dark Sunday 6 Live Days,dark Sunday August 14-20 August 13-19 DuOuoin State Fair. . . .. .. . . . . .. . . 5 Live Days,dark Wednesday 5 Live Days,dark Wednesday August 29-September 5 August 30-September 4 BROWN COUNTY FAIR August 5 and 6 To Be Determined 28 ARLINGTON PARK 2009 THOROUGHBRED MEET MAY] - SEPTEMBER 30 Live Programs Raced 98 License Fee $11,780 Total Live Programs Raced+Dark Days 204 License Fee-Daily Handle $7,200 Live Races Run 962 On Track Attendance 798,828 On Track Admission Tax $42,902 Interlrack Attendance 252,881 Interlrack Admission Tax $10,205 Total Attendance 1,051,709 Total Admission Tax $53,107 Purses Distributed $26,765,289 Uncashed Tickets(2007) $1,536,566 ON INTFR OFF ALL TRACK TRACK TRACK LOCATIONS AT ON ON ON ARLINGTON ARLINGTON ARLINGTON ARLINGTON LIVE RACING DAY HANDLE Illinois Handle on Illinois Races 45,720,435 9,246291 20,972,485 75,939,211 Illinois Handle on Out-of-State Races 23,337,428 28.559,903 71,008,597 122.905.927 Combined Illinois Handle 69,057,863 37,806,193 91,981,082 198,845,138 Out-of-State Handle(Commingled)on Illinois Races 316,424,427 Total Live Racing Day Handle 515,269,565 DARK DAY HANDLE(Illinois Handle on Out of State Races) Dark Thoroughbred Period (.Ian 12-Mar 3) 7,777,186 14,794,006 39,181,586 61,752,778 t?ark_Days During Live Meet(Mon,Tues) 3,841,753 1,753 7 687,503 22,053,107 33.582.362 Total Dark Day Handle 11,6188,938 22,481,509 61,234,693 95,335,140 TOTAL ILLINOIS HANDLE 80,676,801 60,287,702 153,215,775 294,180,278 OUT OF STATE COMMINGLED HANDLE 316,424,427 GRAND TOTAL MEET HANDLE 610,604,705 AVERAGE LIVE RACING DAY HANDLE Average Illinois Handle on Illinois Races 466,535 94,350 214,005 774,890 Average Illinois Handle on,Out-of State Races 238,137 291,428 724,578 1,254,142 Average Combined Illinois Handle 704,672 385,777 938,582 2,029,032 Average Out-of-State Handle(Commingled)on Illinois Races 3,228,821 Average Total Live Racing Day Handle 5,257,853 AVERAGE DARK DAY HANDLE(Illinois Handle on Out-of-State Races) Average Dark Thoroughbred Period(.Ian 12-Mar 3) 152,494 290,079 768,266 1,210,839 Average Dark Days Dudna Live Meet(Mon.Tues) 69,850 139,773 400,966 610,588 Average Total Dark Day Handle 109,613 212,090 577,686 899,388 Combined Illinois Handle $ 80,676,801 60,287,702 153,215,775 294,180,278 -Commission(Take Out) $ 16,313,716 12,312,619 31,746,142 60,372,478 Track Commission $ 6,886,040 4,816,049 13,203,067 24,905,156 Purses Earned $ 6,886,040 4,816,049 11,350,223 23,052,312 Out-of-State Simulcast Fee $ 1,331,488 1,944,167 5,037,147 8,312,802 Pari-mutuel Tax $ 1,210,148 736,354 2,155,706 4,102,207 Public Pool $ 64,363,085 47,975,083 121,469,632 233,807,800 -Breakage $ 522,821 302,271 645,582 1,470,674 -Surcharge $ 0 697,858 2,933,412 3,631,270 Payout to Public $ 63,840,264 46,974,954 117,890,638 228,705,856 Note: The above Track Commission and Purses Earned include those of the Fairmount network and any other race meet whose intertrack or OTB is entitled to such. Transmission costs are not deducted. 29 HAWTHORNE RACE COURSE COMBINED MEETS (SPRING AND FALL) 2009 THBRED MEET JANUARY]-]], MARCH 6-APRIL 30, OCTOBER I-DECEMBER 31 Live Programs Raced 108 License Fee $13,320 Total Live Programs Raced+Dark Days 159 License Fee-Daily Handle $200 Live Races Run 996 On Track Attendance 161,840 On Track Admission Tax $7,281 Intertrack Attendance 189,928 Intertrack Admission Tax $3,414 Total Attendance 351,768 Total Admission Tax $10,695 Purses Distributed $19,167,767 Uncashed Tickets(2007) $1,312,543 INCLUDES SUIT.DOWNS W-1 88K ON INTER OFF ALL TRACK TRACK TRACK LOCATIONS AT ON ON ON HAWTHORNE IIAW IPIIORNE IIAWTIIORNE HAWTHORNE LIVE RACING DAY HANDLE Illinois Handle on Illinois Races 12,085,222 8,211,594 17,476,371 37,773,188 Illinois Handle on Out-of-State Races 1616 9__ 05,962 36,522,746 77,901,420 131,330,128 Combined Illinois Handle 28,991,184 44,734,341 95,377,791 169,103,316 Out-of-State Handle(Commingled)on Illinois Races 21225 Total Live Racing Day Handle 381,876,141 DARK DAY HANDLE(Illinois Handle on Out of State Races) Dark Thoroughbred Period(Mar 4-5) 209,609 599,717 1,438,553 2,247,878 Dark Days During Live Meet 2,660,529 8,452,756 21,527,760 32,641,044 Total Dark Day Handle During Live Meet 2,870,137 9,052,473 22,966,313 34,888,923 TOTAL ILLINOIS HANDLE 31,861,321 53,786,814 118,344,104 203,992,238 OUT OF-STATE COMMINGLED HANDLE 212,772,825 GRAND TOTAL MEET HANDLE 416,765,064 AVERAGE LIVE RACING DAY HANDLE Average Illinois Handle on Illinois Races 111,900 76,033 161,818 349,752 Average Illinois Handle on Out-of-State Races 156,537 338,174 721,309 1,216,020 Average Combined Illinois Handle 268,437 414,207 883,128 1,565,771 Average Out-of-State Handle(Commingled)on Illinois Races 1,970,119 Average Total Live Racing Day Handle 3,535,890 AVERAGE DARK DAY HANDLE(Illinois Handle on Out-of-State Races) Average Dark Thoroughbred Period(Mar 4-5) 104,804 299,858 719,277 1,123,939 Average Dark Days During Live Meet 54,297 172,505 439,342 666,144 Avg.Dark Day Handle During Live Meet 56,277 177,499 450,320 684,097 Combined Illinois Handle $ 31,861,321 53,786,814 118,344,104 203,992,238 -Commission(Take Out) $ 6,344,815 11,074,909 24,521,759 41,941,482 Track Commission $ 2,587,368 4,398,847 10,443,784 17,429,999 Purses Earned $ 2,587,368 4,398,847 8,877,759 15,863,974 Out-of-State Simulcast Fee $ 692,163 1,595,133 3,530,371 5,817,667 Pari-mutuel Tax $ 477,916 682,082 1,669,845 2,829,843 Public Pool $ 25,516,506 42,711,905 93,822,345 162,050,756 -Breakage $ 235,110 338,053 499,966 1,073,130 -Surcharge $ 0 615,273 2,259,562 2,874,835 Payout to Public $ 25,281,396 41,758,579 91,062,816 158,102,791 Note: The above Track Commission and Purses Earned Include those of the Fairmount network and any 30 other race meet whose intertrack or OTB is entitled to such. Transmission costs are not deducted. FAIRMOUNT PARK 2009 THOROUGHBRED MEET APRIL 7-AUGUST 1 S Live Programs Raced 57 License Fee $9,250 Total Live Programs Raced+ Dark Days 57 License Fee-Daily Handle $0 Live Races Run 467 On Track Attendance 152,109 On Track Admission Tax $10,731 Intertrack Attendance 0 Intertrack Admission Tax $0 Total Attendance 152,109 Total Admission Tax $10,731 Purses Distributed $3,016,497 Uncashed Tickets(2007) $102,838 ON INTER OFF ALL TRACK TRACK TRACK LOCATIONS AT ON ON ON FAIRMOUNT FAIRMOUNT FAIRMOUNT FAIRMOUNT LIVE RACING DAY HANDLE Illinois Handle on Illinois Races 7,673,629 672,389 1,825,432 10,171,450 Illinois Handle on Out-of-State Races 0 0 0 _0 Combined Illinois Handle 7,673,629 672,389 1,825,432 10,171,450 Out-of-State Handle(Commingled)on Illinois Races 6,294x077 Total Live Racing Day Handle 16,465,526 AVERAGE LIVE RACING DAY HANDLE Average Illinois Handle on Illinois Races 134,625 11,796 32,025 178,446 Average Illinois Handle on Out-of-State Races 0 0 0 0 Average Combined Illinois Handle 134,625 11,796 32,025 178,446 Average Out-of-State Handle(Commingled)on Illinois Races 110,422 Average Total Live Racing Day Handle 288,869 Combined Illinois Handle $ 7,673,629 672,389 1,825,432 10,171,450 -Commission(Take Out) $ 1,531,432 136,596 380,402 2,048,430 Track Commission $ 756,124 63,255 263,375 1,082,754 Purses Earned $ 756,124 63,255 96,771 916,150 Out-of-State Simulcast Fee $ 0 0 0 0 Pari-mutuel Tax $ 19,184 10,086 20,256 49,526 Public Pool $ 6,142,197 535,793 1,445,030 8,123,020 -Breakage $ 63,696 4,756 10,119 78,572 -Surcharge $ 60,840 7,653 34,788 103,280 Payout to Public $ 6,017,661 523,384 1,400,123 7,941,168 Note: The above Track Commission and Purses Earned include those of the Chicago network and any other race meet whose intertrack or OTB is entitled to such. Transmission costs are not deducted. 31 BALMORAL PARK 2009 HARNESS MEET JANUARY 3-4, JANUARY 2$ -DECEMBER 31 Live Programs Raced 157 License Fee $19,810 Total Live Programs Raced+Dark Days 265 License Fee-Daily Handle $0 Live Races Run 1,906 On Track Attendance 170,022 On Track Admission Tax $618 Inlertrack Attendance 207,163 Intertrack Admission Tax $4,426 Total Attendance 377,185 Total Admission Tax $5,044 Purses Distributed $14,887,455 Uncashed Tickets(2007) $682,516 ON INTER OFF ALL TRACK TRACK TRACK LOCATIONS AT ON ON ON BALMORAI, BALMORAL BALMORAL BALMORAL LIVE RACING DAY HANDLE Illinois Handle on Illinois Races 10,381,087 9,146,285 20,073,735 39,601,107 Illinois Handle on Out-of-State Races 3,786,316 20,119,090 36,718,110 60,623,516 Combined Illinois Handle 14,167,403 29,265,375 56,791,846 100,224,623 Out-of-State Handle(Commingled)on Illinois Races 133,741,925 Total Live Racing Day Handle 233,966,547 DARK DAY HANDLE(Illinois Handle on Out of State Races) Dark Harness Period (Jan 5-Jan 27) 247,681 2,844,934 6,015,760 9,108,375 Dark DaysDuring l=ive Meet fMon.Tuesl 554,768 6,067,127 13,729,684 2020 3T, 51 Total Dark Day Handle 802,448 8,912,061 19,745,444 29,459,953 TOTAL.ILLINOIS HANDLE 14,969,851 38,177,436 76,537,290 129,684,576 OUT OF STATE COMMINGLED HANDLE 133,741,925 GRAND TOTAL MEET HANDLE 263,426,501 AVERAGE LIVE RACING DAY HANDLE Average Illinois}candle on Illinois Races 66,122 58,257 127,858 252,236 Average Illinois Handle on Out-of-State Races 24,117 128,147 233,873 386,137 Average Combined Illinois Handle 90,238 186,404 361,732 638,373 Average Out-of-State Handle(Commingled)on Illinois Races 851,859 Average Total Live Racing Day Handle 1,490,233 AVERAGE DARK DAY HANDLE(Illinois Handle on Out-of--State Races) Average Dark Thoroughbred Period(Jan 5-27) 10,769 123,693 261,555 396,016 Average Dark Days During Live Meet(Mon.Tues) 6,527 71,378 161,526 239,430 Average Total Dark Day Handle 7,430 82,519 182,828 272,777 Combined Illinois Handle $ 14,969,851 38,177,436 76,537,290 129,684,576 -Commission(Take Out) $ 3,178,844 8,084,689 16,431,059 27,694,592 Track Commission $ 1,412,747 3,378,723 7,835,109 12,626,579 Purses Earned $ 1,412,747 3,378,723 5,928,720 10,720,190 Out-of-State Simulcast Fee $ 128,807 614,904 1,584,932 2,528,643 Pari-mutuel Tax $ 224,543 512,339 1,082,298 1,819,180 Public Pool $ 11,791,007 30,092,746 60,106,230 101,989,984 -Breakage $ 80,895 197,434 317,323 595,652 -Surcharge $ 86,748 439,082 1,436,097 1,961,927 Payout to Public $ 11,623,364 29,456,231 58,352,810 99,432,404 Note: The above Track Commission and Purses Earned include those of the Fairmount network and any other race meet whose interlrack or OTB is entitled to such. Transmission costs are not deducted. 32 MAYWOOD PARK TROTTING ASSOCIATION - MAYWOOD PARK 2009 HARNESS MEET JANUARY 1-2, JANUARY 28 -DECEMBER 31 Live Programs Raced 96 License Fee $11,560 Total Live Programs Raced+Dark Days 96 License Fee-Dally Handle $0 Live Races Run 1,200 On Track Attendance 76,007 On Track Admission Tax $3,424 Intertrack Attendance 75,360 Intertrack Admission Tax $2,289 Total Attendance 151,367 Total Admission Tax $5,713 Purses Distributed $6,521,739 Uncashed Tickets(2007) $419,783 INCLUDES ASSOCIATES'07 ON INTER OFF ALL TRACK TRACK TRACK LOCATIONS AT ON ON ON MAYWOOD MAYWOOD MAYWOOD MAYWOOD LIVE RACING DAY HANDLE Illinois Handle on Illinois Races 5,286,450 4,490,954 11,747,585 21,524,990 Illinois Handle on Out-of-State Races 5,328,660 16,202,810 34,563,904 56,095,374 Combined Illinois Handle 10,615,110 20,693,765 46,311,489 77,620,364 Out-of-State Handle(Commingled)on Illinois Races 69,942,795 Total Live Racing Day Handle 147,563,158 AVERAGE LIVE RACING DAY HANDLE Average Illinois Handle on Illinois Races 55,067 46,781 122,371 224,219 Average Illinois Handle on Out-of-State Races 55,507 168,779 360,041 584,327 Average Combined Illinois Handle 110,574 215,560 482,411 808,545 Average Out-of-State Handle(Commingled)on Illinois Races 726,571 Average Total Live Racing Day Handle 1,537,116 TOTAL ILLINOIS HANDLE 10,615,110 20,693,765 46,311,489 77,620,364 OUT OF STATE COMMINGLED HANDLE 69 942,795 GRAND TOTAL MEET HANDLE 10,615,110 20,693,765 46,311,489 147,563,158 Combined Illinois Handle $ 10,615,110 20,693,765 46,311,489 77,620,364 -Commission(Take Out) $ 2,219,684 4,338,647 9,835,571 16,393,902 Track Commission $ 954,829 1,804,347 4,661,442 7,420,618 Purses Earned $ 954,829 1,804,347 3,537,227 6,296,403 Out-of-State Simulcast Fee $ 150,801 458,540 978,156 1,587,499 Pari-mutuel Tax $ 1 59,225 271,414 658,743 1,089,382 Public Pool $ 8,395,426 16,355,117 36,475,918 61,226,461 -Breakage $ 65,211 109,995 208,033 383,239 -Surcharge $ 42,326 244,275 872,902 1,159,503 Payout to Public $ 8,287,889 16,000,847 35,394,963 59,683,719 Note: The above Track Commission and Purses Earned include those of the Fairmount network and any other race meet whose intertrack or OTB is entitled to such. Transmission costs are not deducted. 33 ILLINOIS STATE AND COUNTY FAIRS 2009 HARNESS MEETS SPRINGFIELD STATE FAIR AUGUST 14-20 DUQUOIN STATE FAIR AUG.31-SEPT.5 BROWN COUNTY FAIR AUGUST 5-6 SPRINGFIELD DUQUOIN BROWN CO. Live Programs Raced 6 5 2 Live Races Run 61 52 19 Purses Distributed $946,000 $1,477,600 $25,191 Uncashed Tickets(2007) $4,845 $4,944 $0 ON INTER OFF ALL TRACT{ TRACK TRACK LOCATIONS AT ON ON ON FAIR FAR FAIR FAIR SPRINGFIELD Illinois Handle on Springfield Fair Races 378,875 52,725 105,761 537,361 Out-of-State Handle on Springfield Fair Races 168,691 Total Handle on Springfield Fair Races 378,875 52,725 105,761 706,052 Average Illinois Handle on Springfield Fair Races 63,146 8,788 17,627 89,560 Average Out-of--State Handle on Springfield Fair Races 28,115 Average Total Handle on Springfield Fair Races 63,146 8,788 17,627 117,675 Combined Illinois Handle $ 378,875 52,725 105,761 537,361 -Commission(Take Out) $ 77,049 10,960 22,506 110,515 Track Commission $ 35,683 5,125 15,538 56,346 Purses Earned $ 35,683 5,125 5,607 46,415 Out-of-State Simulcast Fee $ 0 0 0 0 Pari-mutuel Tax $ 5,683 710 1,361 7,754 Public Pool $ 301,826 41,765 83,255 426,846 -Breakage $ 4,042 555 793 5,390 -Surcharge $ 2,740 654 2,294 5,689 Payout to Public $ 295 043 40,556 80,168 415,7671 DUQUOIN Illinois Handle on DuQuoin Fair Races 236,917 63,455 114,795 415,167 Out-of-State Handle on DuQuoin Fair Races 217,263 Total Handle on DuQuoin Fair Races 236,917 63,455 114,795 632,430 Average Illinois Handle on DuQuoin Fair Races 47,383 12,691 22,959 83,033 Average Out-of-State Handle on DuQuoin Fair Races 43.45 Average Total Handle on DuQuoin Fair Races 47,383 12,691 22,959 126,486 Combined Illinois Handle $ 236,917 63,455 114,795 415,167 -Commission(Take Out) $ 47,592 13,166 24,182 84,940 Track Commission $ 22,019 6,165 16,709 44,893 Purses Earned $ 22,019 6,165 6,086 34,270 Out-of-State Simulcast Fee $ 0 0 0 0 Pari-mutuel Tax $ 3,554 836 1,387 5,777 Public Pool $ 189,325 50,289 90,613 330,227 -Breakage $ 2,099 961 927 3,987 -Surcharge $ 1,772 748 2,355 4,874 Pa out to Public $ 185,453 48,581 87,331 321,366 BROWN COUNTY Handle Pari-muluelTax Breakage Surcharge On Track on Brown County Races 27,478 412 515 218 Note: The above Track Commission and Purses Earned include those of the Illinois network and any 34 race meet whose intertrack or OTB is entitled to such. Transmission costs are not deducted. SUMMARY OF INTERTRACK WAGERING STATISTICS ARLINGTON PARK RAI-MORAL PARK FAIRMOUNT PARK AS AN INTERTRACK SITE AS AN INTERTRACK SITE AS AN INTERTRACK SITE ILLINOIS SIMUL- ILLINOIS SIMUL- ILLINOIS S1MUL- LIVE CASTS TOTAL LIVE CASTS TOTAL LIVE CASTS TOTAL Programs Wagered 430 7,574 8,004 371 8,026 8,397 469 10,970 11,439 Mutuel Handle 7,973,576 35,659,364 43,632,940 1,857,938 8,433,930 10,291,868 4,171,281 27,198,902 31,370,183 Program Average 18,543 4,708 101,472 5,008 1,051 27,741 8,894 2,479 66,887 Attendance 100,116 0 100,116 63,013 0 63,013 102,779 0 102,779 Program Average 233 0 233 170 0 170 219 0 219 Admission Tax 0 0 0 0 0 0 7,649 0 7,649 Handle 7,973,576 35,659,364 43,632,940 1,857,938 8,433,930 10,291,868 4,171,281 27,198,902 31,370,183 -Commission(Take Out) 1,693,375 7,426,867 9,120,242 397,127 1,761,683 2,158,810 875,665 5,598,026 6,473,891 Track Commission 786,886 2,832,899 3,619,785 184,629 672,587 857,216 432,619 2,297,386 2,730,004 Purses Earned 786,886 2,832,899 3,619,785 184,629 672,587 857,216 432,619 2,297,385 2,730,004 Out-of-State Sim.Fee 0 1,226,187 1,226,187 0 290,010 290,010 0 935,265 935,265 Pari-mutuel Tax 119,604 534,881 654,485 27,869 126,499 154,368 10,428 67,989 78,417 Public Pool 6,280,201 28,232,497 34,512,698 1,460,8il 6,672,247 8,133,058 3,295,616 21,600,876 24,896,492 -Breakage 52,262 270,628 322,890 8,751 34,127 42,878 22,090 125,421 147,511 -Surcharge 90,184 403,615 493,799 21,960 98,103 120,083 48,239 315,447 363,686 Payout to Public 6,137,754 27,568,255 33,696,010 1,430,080 6,540,017 7,970,097 3,225,287 21,160,008 24,385,295 HAWTHORNE RACE COURSE MAYWOOD PARK QUAD CITY DOWNS AS AN INTERTRACK 517E AS AN INTERTRACK SITE AS AN INTERTRACK SITE ILLINOIS 5IMUL- ILLINOIS SIMUL- ILLINOIS SIMUL- LIVE CASTS TOTAL LIVE CASTS TOTAL LIVE CASTS TOTAL Programs Wagered 420 8,335 8,755 432 9,993 10,425 528 10,877 11,405 Mutuel Handle 8,318,741 29,600,260 37,919,001 7,632,740 31,853,154 39,485,894 1,929,418 9,104,982 11,034,400 Program Average 19,807 3,551 90,283 17,668 3,188 91,403 3,654 837 20,898 Attendance 186,354 0 186,354 273,070 0 273,070 0 0 0 Program Average 444 0 444 632 0 632 0 0 0 Admission Tax 9,819 0 9,819 2,865 0 2,865 0 0 0 Handle 8,318,741 29,600,260 37,919,001 7,632,740 31,853,154 39,485,894 1,929,418 9,104,982 11,034,400 -Commission(Take Out) 1,729,358 5,955,470 7,684,829 1,621,665 6,608,702 6,230,387 422,431 1,919,164 2,341,594 Track Commission 802,289 2,246,820 3,049,109 753,597 2,517,806 3,271,403 196,745 734,759 931,504 Purses Earned 802,289 2,246,820 3,049,109 753,597 2,517,806 3,271,403 196,745 734,759 931,504 Out-of-State Sim.Fee 0 1,017,8313 1,017,838 0 1,095,306 1,095,306 0 313,085 313,085 Pari-mutuel Tax 124,781 443,993 568,774 114,491 477,784 592,275 28,941 136,560 165,502 Public Pool 6,589,383 23,644,769 30,234,172 6,011,055 25,244,452 31,255,507 1,506,987 7,185,818 8,692,805 -Breakage 47,518 171,534 219,053 33,376 143,469 176,645 8,295 36,553 44,84B -Surcharge 96,745 347,061 443,806 86,391 361,485 447,876 24,791 111,503 136,293 Payout to Public 6,445,120 23,126,194 29,571,313 5,891,288 24,739,498 30,630,786 1,473,901 7,037,763 8,511,664 35 SUMMARY OF OFF TRACK WAGERING STATISTICS WAUKEGAN WEED STREET(CHICAGO) HODGKINS ARLINGTON PARK ARLINGTON PARK ARLINGTON PARK ILLINOIS SIMUL- ILLINOIS SIMUL- ILLINOIS SIMUL- LIVE CASTS TOTAL LIVE CASTS TOTAL LIVE CASTS TOTAL Programs Wagered 527 11,110 11,637 528 11,155 11,683 527 11,032 11,559 Mutuel Handle 3,786,147 20,726,776 24,512,923 5,636,152 29,001,443 34,637,595 3,216,736 14,175,754 17,392,492 Program Average 7,184 1,866 46,514 10,675 2,600 65,602 6,104 1,285 33,003 Handle 3,786,147 20,726,776 24,512,923 5,636.152 29,001,443 34,637,595 3,216,738 14,175,754 17,392,492 -Commission(Take Out 798,310 4,341,535 5,139,846 1,176,005 5,963,808 7,139,813 675,184 2,935,819 3,611,003 Track Commission 561,676 1,658,967 2,220,644 823,746 2,265,777 3,089,523 457,317 1,117,874 1,575,191 Purses Earned 179,842 1,658,967 1,838,809 267,717 2,265,777 2,533,494 169,617 1,117,874 1,287,491 Out-of-State Sim.ret 0 712,713 712,713 0 997,247 997,247 0 487,449 487,449 Pari-mutuel Tax 56,792 310,887 367,679 84,542 435,007 519,549 46,251 212,622 260,872 Public Pool 2,967,837 16,385,240 19,373,077 4,460,147 23,037,636 27,497,782 2,541,553 11,239,935 13,781,469 -Breakage 18,830 77,081 95,912 28,994 130,328 159,321 16,471 62,068 78,539 -Surcharge 72,661 392,975 465,636 106,634 554,821 661,455 61,735 267,809 329,544 Payout to Public 2,896,345 15,915,184 18,811,529 4,324,519 22,352,487 26,677,0061 2,463,348 10,910,056 13,373,406 ROCKFORD SOUTH ELGIN SOUTH BELOIT QUAD CITY DOWNS QUAD CITY DOWNS QUAD CITY DOWNS ILLINOIS SIMUL- ILLINOIS SIMUL- ILLINOIS SRAUL- LIVE CASTS TOTAL LIVE CASTS TOTAL LIVE CASTS TOTAL Programs Wagered 528 10,908 11,436 528 10,868 11,396 525 10,573 11,098 Mutuel Handle 2,147,899 9,547,430 11,695,329 1,779,190 8,364,410 10,143,600 870,387 4,635,349 5,505,736 Program Average 4,068 875 22,150 3,370 770 19,211 1,658 438 10,487 Handle 2,147,899 9,547,430 1i,695,329 1,779,190 8,364,410 10,143,600 870,387 4,635,349 5,505,736 -Commission(Take Out 466,692 2,040,905 2,507,597 374,798 1,743,087 2,117,885 185,935 973,308 1,159,243 Track Commission 332,448 784,704 1,117,153 228,015 665,008 893,023 114,126 372,200 486,328 Purses Earned 102,025 784,704 886,730 120,095 665,008 785,103 58,751 372,200 430,951 Out-of-State Sim.FeE 0 328,299 328,299 0 287,620 287,620 0 159,392 159,392 Pari-mutuel Tax 32,218 143,198 175,416 26,686 125,453 152,140 13,056 69,516 82,571 Public Pool 1,681,207 7,506,525 9,187,732 1,404,392 6,621,323 8,025,715 684,452 3,662,041 4,346,493 -Breakage 8,237 30,508 38,745 9,118 36,112 45,229 4,235 17,682 21,917 -Surcharge 40,069 177,895 217,966 34,182 156,432 192,614 16,530 88,916 105,445 Payout to Public 1,632,901 7,298,120 8,931,021 1,361,092 6,426,779 7,787,872 663,688 3,555,444 4,219,131 MCHENRY LOCKPORT QUAD CITY DOWNS QUAD CITY DOWNS ILLINOIS SIMUL- ILLINOIS SIMUL- LIVE CASTS TOTAL LIVE CASTS TOTAL Programs Wagered 527 10,838 11,365 527 10,772 11,299 Mutuel Handle 1,728,935 8,778,549 10,507,484 1,380,086 6,310,061 7,690,147 Program Average 3,281 810 19,938 2,619 586 14,592 Handle 1,728,935 8,778,549 10,507,484 1,380,086 6,310,061 7,690,147 -Commission(Take Out 359,952 1,789,888 2,149,841 286,731 1,292,845 1,579,576 Track Commission 251,894 678,182 930,076 173,129 490,615 663,744 Purses Earned 82,124 678,182 760,306 92,901 490,615 583,516 Out-of-State Sim.Fe 0 301,860 301,860 0 216,978 216,978 Pari-mutuel Tax 25,934 131,665 157,598 20,701 94,637 115,338 Public Pool i,368,982 6,988,661 6,357,643 1,093,355 5,017,216 6,110,571 -Breakage 11,235 73,140 84,375 7,867 30,183 38,050 -Surcharge 33,038 162,514 195,553 25,964 119,491 145,455 Payout to Public 1,324,709 6,753,007 8,077,715 1,059,524 4,867,542 5,927,066 36 SUMMARY OF OFF TRACK WAGERING STATISTICS SPRINGFIELD SAUGET ALTON FAIRMOUNT PARK FAIRMOUNT PARK FAIRMOUNT PARK ILLINOIS SIMUL- ILLINOIS SIMUL- ILLINOIS SIMUL- LIVE CASTS TOTAL LIVE CASTS TOTAL LIVE CASTS TOTAL Programs Wagered 528 10,098 10,626 527 10,730 11,257 526 10,539 11,065 Mutuel Handle 1,239,078 5,792,492 7,031,570 1,696,509 10,481,968 12,178,476 931,438 5,652,314 6,783,752 Program Average 2,347 574 13,317 3,219 977 23,109 1,771 555 12,897 Handle 1,239,078 5,792,492 7,031,570 1,696,509 10,481,968 12,178,476 931,438 5,852,314 6,783,752 -Commission(Take Out 271,540 1,232,415 1,503,955 356,089 2,158,712 2,514,801 193,487 1,209,818 1,403,305 Track Commission 210,986 509,380 720,366 270,742 886,041 1,156,782 146,941 496,979 643,920 Purses Earned 57,456 509,380 566,836 81,106 886,041 967,147 44,218 496,979 541,197 Out-of-State Sim.Fe 0 199,181 199,181 0 360,434 360,434 0 201,238 201,236 Pari-mutuel Tax 3,098 14,474 17,571 4,241 26,197 30,438 2,328 14,622 16,951 Public Pool 967,538 4,560,077 5,527,615 1,340,420 8,323,256 9,663,676 737,950 4,642,495 5,380,446 -Breakage 4,626 19,419 24,046 9,452 47,241 56,693 5,200 23,057 26,257 -Surcharge 23,067 109,514 132,581 32,295 202,832 235,127 18,050 112,200 130,250 Payout to Public 939,845 4,431,143 5,370,988 1,298,674 8,073,183 9,371,856 714,700 4,507,239 5,221,940 CARBONDALE NILES MOKENA FAIRMOUNT PARK MAYWOOD PARK MAYWOOD PARK ILLINOIS SIMUL- ILLINOIS SIMUL- ILLINOIS SIMUL- LIVE CASTS TOTAL LIVE CASTS TOTAL LIVE CASTS TOTAL Programs Wagered 431 6,307 6,738 527 11,178 11,705 528 11,095 11,623 Mutuel Handle 364,578 2,191,577 2,556,154 6,572,734 27,785,28E 34,358,022 2,647,883 9,841,133 112,489,016 Program Average 846 347 5,931 12,472 2,486 65,195 5,015 887 23,653 Handle 364,578 2,191,577 2,556,154 6,572,734 27,785,288 34,358,022 2,647,883 9,641,133 12,489,016 -Commission(Take Out 78,761 472,070 550,831 1,385,210 5,774,398 7,159,608 555,724 2,043,485 2,599,209 Track Commission 60,576 195,6119 256,195 974,414 2,201,103 3,175,517 337,274 778,742 1,116,016 Purses Earned 17,274 195,619 212,893 312,205 2,201,103 2,513,307 178,732 778,742 957,474 Out-of-State Sim,Fe E 0 75,360 75,360 0 955,428 955,428 0 338,398 338,398 Pari-mutuel Tax 911 5,472 6,384 98,591 416,765 515,356 39,718 147,603 187,321 Public Pool 285,616 1,719,507 2,005,323 5,187,524 22,010,890 27,198,414 2,092,159 7.797,648 9,889,807 -Breakage 1,380 6,031 7,411 33,267 116,963 150,231 14,109 40,849 54,958 -Surcharge 7,035 41,100 48,135 125,347 538,802 664,149 49,785 186,499 236,284 Payout to Public 277,402 1,672,375 1,949,777 5,028,910 21,355,125 26,384,035 2,028,265 7,570,300 9,598,565 AURORA NORTH AURORA WEST JACKSON CHICAGO MAYWOOD PARK MAYWOOD PARK MAYWOOD PARK ILLINOIS SIMUL- ILLINOIS SIMUL- ILLINOIS SIMUL- LIVE CASTS TOTAL LIVE CASTS TOTAL LIVE CASTS TOTAL Programs Wagered 525 10,553 11,078 527 10,515 11,042 213 4,849 5,062 Mutuel Handle 1,696,643 7,153,406 8,850,049 1,474,688 5,996,392 7,471,081 1,815,588 9,633,986 11,449,573 Program Average 3,232 678 16,857 2,798 570 14,177 8,524 1,987 53,754 Handle 1,696,643 7,153,406 8,850,049 1,474,688 5,996,392 7,471,081 1,815,588 9,633,986 11,449,573 -Commission(Take Out 354,136 1,464,411 1,818,547 305,092 1,206,895 1,511,987 382,541 1,979,548 2,362,089 Track Commission 215,683 555,573 771,255 189,570 455,365 644,955 269,067 751,885 1,020,952 Purses Earned 113,004 555,573 668,576 93,402 455,385 548,787 86,240 751,885 838,125 Cwt-of-State Sim.Fef 0 245,978 245,978 0 206,193 206,193 0 331,275 331,275 Pari-mutuel Tax 25,450 107,288 132,738 22,120 89,932 112,053 27,234 144,503 171,737 Public Pool 1,342,507 5,688,995 7,031,502 1,169,596 4,789,497 5,959,094 1,433,046 7,654,438 9,087,484 -Breakage 9,159 32,812 41,971 8,270 31,036 39,305 8,777 42,861 51,658 -Surcharge 33,522 138,653 172,174 29,119 122,959 152,078 34,549 182,001 216,550 Payout to Public 1,299,826 5,517,530 6,817,356 1,132,208 4,635,502 5,767,710 1,389,720 7,429,555 8,819,276 37 SUMMARY OF OFF TRACK WAGERING STATISTICS 111 T&CORLISS(CHICAGO) NORMAL CHAMPAIGN BALMORAL RACING CLUB BALMORAL RACING CLUB BALMORAL RACING CLUB ILLINOIS SIMUL- ILLINOIS SIMUL- ILLINOIS SIMUL- LIVE CASTS TOTAL LIVE CASTS TOTAL LIVE CASTS TOTAL Programs Wagered 528 11,188 11,716 526 10,941 11,469 528 10,612 11,140 Mutual Handle 6,742,423 23,973,866 30,716,289 614,080 3,942,725 4,556,805 1,125,291 6,333,106 7,458,397 Program Average 12,770 2,143 58,175 1,163 360 8,630 2,131 597 14,126 Handle 6,742,423 23,973,866 30,716,289 614,080 3,942,725 4,556,805 1,125,291 6,333,106 7,458,397 -Commission(Take Out 1,458,111 5,049,006 6,507,117 133,525 831,084 964,609 255,617 1,391,611 1,647,228 Track Commission 1,036,709 1,932,522 2,969,231 82,863 318,191 401,054 179,660 539,428 719,087 Purses Earned 320,265 1,932,522 2,252,787 41,450 318,191 359,641 59,078 539,428 596,506 Out-of-State Sim.Fe 0 824,368 824,368 0 135,575 135,575 0 217,771 217,771 Pari-mutuel Tax 101,136 359,594 460,730 9,211 59,128 68,338 16,679 94,985 111,864 Public Pool 5,284,312 18,924,860 24,209,172 480,555 3,191,640 3,592,196 869,674 4,941,495 5,811,169 -Breakage 25,993 80,858 106,851 2,421 13,723 16,144 2,833 13,790 16,622 -Surcharge 124,871 447,783 572,654 11,229 73,361 84,589 21,937 114,066 136,003 Payout to Public 5,133,449 18,396,218 23,529,667 466,906 3,024,557 3,491,463 844,904 4,813,639 5,658,543 BUFFALO GROVE PEORIA OAKBROOK TERRACE BALMORAL RACING CLUB BALMORAL RACING CLUB HAWTHORNE RACE COURSE ILLINOIS SIMUL- ILLINOIS SIMUL- ILLINOIS SIMUL- L1VE CASTS TOTAL LIVE CASTS TOTAL LIVE CASTS TOTAL Programs Wagered 215 3,685 3,900 463 9,610 10,073 528 11,308 11,836 Mutuel Handle 401,669 1,620,280 2,021,949 840,548 4,184,376 5,024,926 6,895,406 32,327,501 39,222,907 Program Average 1,868 440 9,404 1,815 435 10,853 13,059 2,859 74,286 Handle 401,669 1,620,280 2,021,949 840,548 4,184,378 5,024,926 6,895,406 32,327,501 39,222,907 -Commission(Take Out 82,775 332,360 415,135 176,366 861,012 1,037,378 1,463,977 6,761,161 8,225,138 Track Commission 53,654 126,172 179,826 107,021 327,187 434,208 1,033,015 2,582,323 3,615,338 Purses Earned 23,096 126,172 149,268 56,737 327,187 383,924 327,532 2,582,323 2,909,855 Out-of-State Sim.Fe 0 55,715 55,715 0 143,884 143,884 0 1,111,617 1,111,617 Pari-mutuel Tax 6,025 24,300 30,325 12,608 62,753 75,361 103,431 484,898 586,329 Public Pool 318,894 1,287,920 1,606,814 664,182 3,323,366 3,987,548 5,431,429 25,566,340 30,997,769 -Breakage 1,912 6,334 8,246 4,805 17,243 22,047 31,793 125,421 157,214 -Surcharge 7,306 32,145 39,451 16,478 80,208 96,686 130,524 618,589 749,113 Payout to Public 309,676 1,249,441 1,559,1171 642,899 3,225,915 3,868,815 5,269,112 24,822,330 30,091,442 CRESTWOOD JOLIET LASALLE&OHIO(CHICAGO) HAWTHORNE RACE COURSE HAWTHORNE RACE COURSE HAWTHORNE RACE COURSE ILLINOIS SIMUL- ILLINOIS SIMUL- ILLINOIS SIMUL- LIVE CASTS TOTAL LIVE CASTS TOTAL LIVE CASTS TOTAL. Programs Wagered 528 11,318 11,846 528 11,196 11,724 528 11,058 11,586 Mutuel Handle 7,619,219 26,546,598 34,165,817 2,914,521 11,675,362 14,589,883 3,659,680 17,384,712 21,044,392 Program Average 14,430 2,346 64,708 5,520 1,043 27,632 6,931 1,572 39,857 Handle 7,619,219 26,546,596 34,165,817 2,914,521 11,675,362 14,589,883 3,659,680 17,384,712 21,044,392 -Commission(Take Out 1,629,723 5,553,674 7,183.397 620,118 2,413,376 3,033,493 779,811 3,618,116 4,397,927 Track Commission 1,153,522 2,121,328 3,274,650 379,670 918,395 1,298,064 477,888 1,379,784 1,857,672 Purses Earned 361,913 2,121,328 2,483,241 196,730 918,395 1,115,125 247,028 1,379,784 1,626,812 Out-of-State Sim.Fef 0 912,834 912,834 0 401,470 401,470 0 597,793 597,793 Pari-mutuel Tax 114,288 398,184 512,472 43,718 175,116 218,834 54,895 260,756 315,651 Public Pool 5,989,496 20,992,924 26,982,420 2,294,404 9,261,986 11,556,390 2,879,868 13,766,596 16,646,464 -Breakage 34,660 99,012 133,673 14,190 49,586 63,776 17,606 71,942 89,548 -Surcharge 142,825 504,444 647,269 66,620 224,640 281,260 70,054 326,426 396,480 Payout to Public 5,812,011 20,389,468 26,201,479 2,223,593 8,987,760 11,211,353 2,792,208 13,368,227 16,160,435 38 SUMMARY OF OFF TRACK WAGERING STATISTICS ELK GROVE VILLAGE PERU HAWTHORNE RACE COME HAWTHORNE RACE COURSE ILLINOIS SIMUL- ILLINOIS SIMUL- UVE CASTS TOTAL LIVE CASTS TOTAL Programs Wagered 527 10,677 11,204 489 9,232 9,721 Mutuel Handle 1,912,587 7,295,080 9,207,668 808,071 2,586,545 3,192,616 Program Average 3,629 683 17,472 1,239 280 6,529 Handle 1,912,587 7,295,080 9,207,668 606,071 2,586,545 3,192,616 -Commission(Take Out, 398,607 1,505,341 1,903,949 129,771 545,963 675,734 Track Commission 267,708 572,539 640,248 79,770 209,117 288,887 Purses Earned 102,210 572,539 674,750 40,910 209,117 250,027 Out-of-Skate Sim.FeE 0 250,849 250,849 0 88,941 88,941 Pari-mutuel Tax 26,689 109,413 138,102 9,091 38,788 47,878 Public Pool 1,513,980 5,789,739 7,303,719 476,300 2,040,582 2,516,882 -Breakage 9,920 30,303 40,224 2,642 9,136 11,780 -Surcharge 36,453 139,762 176,215 11,497 49,198 60,695 Payout to Public 1,467,607 5,619,673 7,087,281 462,161 1,982,246 2,444,408 39 ILLINOIS DEPARTMENT OF AGRICULTURE HORSE RACING PROGRAMS ILLINOIS STANDARDBRED BREEDERS FUND 2009 PURSES AND AWARDS PAID TOTAL STAKES AND OWNERS'/ PURSES AND LATE CLOSERS OVERNITES BREEDERS' BONUS BREEDERS' TRACKIASSOCIATION RACES PU._ RSFS RACES PURSES AWARDS AWARDS AWARDS BALMORALPARK Balmoral Racing Club 165 $4,070,930 15 $72,100 $340,375 $427,826 $4,911,231 MAYWOOD PARK Maywood Park Tmiting Association, Inc. 43 $769,020 123 $413,400 $16,300 $238,418 $1,437,138 ILLINOIS STATE FAIR Dept.ofAgriculture 46 $620,000 16 $326,000 $2,987 $948,987 DUQUOIN STATE FAIR Dept.of.4gricultune 30 $518,000 23 $959,600 $2,194 $1,479,794 BROWN COUNTY,MT.STERLING 7 $25,191 Illinois Dept.ofAgricultareRace 1 $6,000 PARI-MUTUEL TOTALS 292 $6,009,141 177 $1,771,100 $361,856 $666,244 $8,777,150 NON-PART-MUTUEL RACING 36 County Fairs Colt Association Racing 385 $1,033,637 $1,033,637 1CFAged Stakes 4& Up Division 22 $95,500 $95,500 Downstate Classic Decatur(3 Y.O.) 6 $66,298 $66,298 Lincoln(2 Y.O.) 6 $116,908 $116,908 Illinois Stallion Stakes Charleston 5 $52,600 $52,600 ISOBA Summer&Fall Previews DuQuoin(5131) 14 $12,000 $12,000 Springfiald(&6) 11 $12,000 $12,000 Springfield(6113) 8 $12,000 $12,000 Springfield(4/27) 12 $10,000 $10,000 NON-PARI-MUTUELTOTALS 469 $1,410,943 $1,410,943 ILLINOIS CONCEIVED AND FOALED BONUS PROGRAMS Million Dollar Bonus Program for 2-Year-Olds(not offered after 2002) $0 $0 Illinois 7'opline 3&Up Bonuses for ICF Winners(2000-Isr year offered)20 races $25,500 $25,500 TOTAL BONUSES PAID $25,500 $25,500 2009 GRAND TOTALS ni 57.42Q.OR4 $1.771-10Q $(9]144 S14.2!W,784 These 2009 figures are only for events restricted to Illinois Conceived and Foaled(1CP)horses that are properly registered with the Department of Agriculture,and do not include purses won by ICF horses in open competition. Bonuses awarded to ICF horses winning in open overnites in Illinois pari-mutuel competition are included in above table. 40 o M o o Q CC s E a n E tri o o °z M N N d 00 Do tT ° � C w v p f6 b ct o W N in Let Cl LA 7 a R O r �° Q ZC r � p r` W. a 0 d cn OGCj O to A C'n En y ° rn r I t tv Ja m � mn w °a a w o pmt or o o a, o S 2L o M y O ; F- S = b cam mn j N Z Z T + N r z ❑ Z Z CL M o ° O cn Q Go C) N UN a � oa �" Z TQ 'T1 n DTI Gj > %o Oo Lh GO �1 C 1( ) D r v ^G^�' k" o o o vac' 0. a C RL CA = a C CA C m oo a n C o � o ao O t m ch C CrJ e� ;I ;a p !� C/] Z n o , � ri �p n W Vi 9 ` (n g o v rn � � o�, a °o °-° moo y m (A rn o 00 c .o A v, O O b9 M (ON n Dv N Vii v N ❑ W w 00 cn v .� w oo � N � O, ON �y (A 00 OWO W LA a O EA EA 09 to � to 00 0 vii l fj O W rn LA � b V �o m Vi to to 4] Sterling Codifiers, Inc. Page 1 of 3 ARTICLE C. B-2 GENERAL BUSINESS DISTRICT 10-7C-1: USES PERMITTED: All uses permitted in the O and B-1 Districts. Appliances-sales. Army/Navy surplus sales. Art gallery-art studio sales. Art supply store. Auditorium. Automatic food service. Automobile accessory store. Automobile rental. Bicycle shop. Billiard parlor. Blueprint and photostat shop. Bowling alley. Carry-out food service. Catalog sales office. Clothing store-all types. Dance hall. Department store. Discount store. Drygoods store-retail. Floor covering sales. Furniture sales-new/used. Hardware store. Health club or gymnasium. Hotel. Interior decorating studio. Junior department store. Leather goods. Locksmith. Motel. Music,instrument and record store. Newspaper publishing. Office equipment and supply sales. Paintlwallpaper store. Pawnshop. Personal loan agency. http://www.sterlingeodifiers.com/codebook/getBookData.php?id=&chapter id=16190&ke... 11/4/2010 Sterling Codifiers, Inc. Page 2 of 3 Pet store. Picture frame store. Radio and television studios. Reducing salon,masseur and steam bath. Sporting goods. Stationery. Taxidermist. Theater. Toy store. Typewriter-sales and repair. Variety store. Watch and clock sales and repair. Weaving and mending-custom.(Ord. 1973-56A,3-28-1974;amd.1994 Code) 10-7C-2: SPECIAL USES: All special uses permitted in the B-1 District. Apartments,single-family,located in business buildingst. Gasoline service station. Marina.(Ord. 1973-56A,3-28-1974;amd.Ord.1994-1A,2-10-1994) 10-7C-3: LOT AREA: No lot shall have an area less than ten thousand(10,000)square feel.(Ord.1986.1 1-9-1986) 10-7C-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building,structure or enlargement: A.Front Yard:No minimum front yard shall be required.(Ord. 1973-56A,3-28-1974) B.Side Yards: 1.A minimum side yard shall be required between buildings within the B-2 District of twenty feel(20')between a building constructed thereon and the side lot line,except in any existing B-2 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings,except where a side yard adjoins a street,wherein a minimum side yard of not less than thirty feet(30')shall be required, 2.The Zoning Board of Appeals may,upon application,grant a variance to any petitioner seeking to vary the side yard requirements in a B-2 District if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of theparcel or development sought thereon.(Ord. 1986-1, 1-9-1986:amd. 1994 Code) C.Rear Yard:A rear yard of not less than twenty feel(20').(Ord. 1973-56A,3-28-1974) D.Transitional Yards:Where a side or rear lot line coincides with a residential district zone,a yard of not less than thirty feet(30')shall be required. A transitional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 One-Family Residential.(Ord.1973-56A,3- 28-1974;amd.Ord. 1987-1,2-12-1987) http://www.sterlingeodifiers.coin/codebook/getBookData.php?id=&chapter_id=1 6190&ke... 11/4/2010 Sterling Codifiers, Inc. Page 3 of 3 10-7C-5: LOT COVERAGE: Not more than eighty percent(80%)of the area of the zoning lot may be occupied by buildings and structures,including accessory buildings.(Ord. 1973-56A,3-28-1974) 10-7C-6: MAXIMUM BUILDING HEIGHT: A.No building or structure shall be erected or altered to exceed a maximum height of six(6)stories or eighty feel(80'),whichever is lower. B.No building or structure shall be erected or altered to exceed a maximum height of three(3)stories or thirty five feel(35')within the"downtown area"as described by exhibit A.attached to the ordinance codified herein.(Ord.2006-67,8-8-2006) 10-7C-7: OFF STREET PARKING AND LOADING: All in accordance with regulations set forth in chanter 11 of this title.(Ord.1973-56A,3-28-1974) Footnotes-Click any tixslnole link to go buck to its reference. Riolnule L See Secuan 10-7B-1 ofthis Chapter http://www.sterlingeodifiers.comf codebook/getBookData.php?id=&chapter_id=16190&ke... 1114/2010 43 United City of Yorkville 800 Game Farm Road `5' X , 5 Yorkville, Illinois 60560 o Telephone: 630-553-4350 Fait: 630-553-3436 �Ic k�� PC# APPLICATION&PETITION ANNEXATION,PLANNED n aYEI�Q'Mp NT,ZONING OR SPECIAL.USE REQUEST Development Name: Bar, Inc. (OTB) pate of Submisslon: 10112/10 Requesting: 0 Annexation 0 Zoning 0 Planned Unit Development 39 SpecJal Use: B-2 SIU for purposes of operating an off-track betting tacility 1. Name ofPetiltoner(s): Ultimate Sports Bar, Inc. on behalf of Post Time Catering, Inc. Address: 1447 Cannonball Trail, Yorkville, IL 60560 Phone Number: 630-553-6060 Fax Number: Email Address: Relationship of Patitioner(s)to subject property: X (other) Tenant 0 Owner 0 Developer 0 Contract Purchaser First National Bank of Ottawa 2. Name of holder of legal line,if different from#1: as Trustee under Trust i#2400 If legal title is held in a Lend Trust, list the names of all holders of any beneficial Interest therein: Muhammad S. Kapadia and Rose Kapadia 3. a). (i). Street address and physical location of subject property: 1447 Cannonball Trail, Yorkville, IL 60560 (il). Zoning of surrounding parcels: North: PUD South: O Office District and R-3 General Residence District East: B-2 General Business District and R-3 General Residence District West: 0 Office District b). Legal description of property;attach as Exhibit"A". c). Total Acreage: _ 3 +1- d). Kendall County Parcel Number(s)of property: 02--29-126-006 e). Current Zoning Classification: B-2 f). Zoning Classification Requested: ** g). Is this property within City limits? X Yes No, requesting annexation ** B-2 SIU for purposes of operating an off-track betting facility and text amendment to identify an off-track betting facility as a special use within the B-2 General Business Unilcd City ofYork%OcArmumn.PUI).Zoning.Snclal[fseAIrplrcatlon Revised ['?.909 Zoning District 44 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit'B'. 5. List all govern Ttal entities or agencies required to receive notice under Illinois law: 6. List the Illinois Business Tax Number(IBT#)for the State of Illinois and names of businesses located on subject property to be annexed: N/A 7 Does a flood plain exist on the subject property? No B. Do Electors reside on the subject property? No If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name,address,phone number,fax number,and email address of person to whom inquiries regarding this petition may be directed: Attorney: Name: Daniel J. Kramer Address: 1107A S. Bridge St. Phone Number 630-553-9500 Fax Number. 630-553-5764 Email Address: dkramer @dankramerlaw.com Engineer. Name: N/A Address: Phone Number: Fax Number. Email Address: Land Planner. Name: N/A Address: Phone Number. Fax Number: Email Address: United ON of Ynrk.dle Annexation,I'UD.7umng Special Use Application Ren ised. 129 nu 45 10. Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 35 copies. b. Appropriate filing fee(Please refer to page 4 of this application to'Petitioner Route,Step 1, Fees'and/or contact the Community Development Department for verification of this amount.) c. Concept or Preliminary Site Plan:35 sets folded to At In a 10'x 13'envelope. d. One CD containing one electronic copy(pdQ of each of the signed application (complete with exhibits)legal description,and site plan. In witness whereof the following petitloner(s)have submitted this application under oath and verify that to the best of their knowledge Its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: '\C.;)f 1 Z 11 0 [ Pethioner(s)Signature: (All legal properly owners,signatures must appear on this application.) Ultimate Sports Bar, Inc. teve oU 'is Subscribed and sworn to before me this i of day of [�} . Notary Seal THIS APPLICATION MUST BE NOTARIZE Mori=letAL ����" LISA G.CARMNTER NOTARY PUBLIC,STATE OF ILLINOIS IWY Cc)mMISSION EXPIRES 1119 014 United City of Yorkville Anne-auon.PUD,Zoning.Special Use Application Remed 1 20(r) 46 ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application,fees'and all pertinent materials to the Community Development Department a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S.Army Corps of Engineers,etc.,to allow timely review by City. *Fees: a. Annexation or Annexation and Rezoning-$250 plus$10 per acre for each acre over 5 acres b. Rezoning only-$200 plus$10 per acre for each acre over 5 acres c. Special Use-$250 plus$10 per acre for each acre over 5 acres d. Engineering Review Fees-1.25%of the approved engineer's estimate of cost of all land Improvements,to be determined by City Engineer. e. Planned Unit Development fee-$50D I. Engineering Review Deposit-up to 1 acre=$1,000; over 1 acre but not over 10=$2,500 over 10 acres,but not over 4D=$5,000 over 40 acres,but not over 100=$10,000 over 100 acres=$20,000 g. Deposit for Outside Consultants-under 2 acres=$1,000 2 to 10 acres= $2,500 over 10 acres=$5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs,public hearing costs including a written transcription of public hearing and outside consultant costs(I.a.legal review,land planner, zoning coordinator,environmental,etc.). Should Owner/Developer not pay these fees directly,they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings.below as Indicated. Step 2: Plan Council: The Plan Council meets the ltd and 4°'Thursday of the month at 9:00 a.m.in the city conference Room. Upon recommendation by the Plan Council,you will move forward to the Plan Commission Meeting, Attendees to this meeting include: Community Development Director,City Engineer,Zoning Official, Public Works Director, Director of Parks and Recreation, Fire Department Representative, and Police Department representative. Step 3: Park Board planning meeting: The Park Board makes recommendations on any park sites included in residential developments. The Park Board planning meeting Is the 4th Thursday of each month at 7:00 p.m_at the Parks and Recreation Office at 201 W. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the 2nd Wednesday of each month at 7:00 p.m. in the Yorkville public library at 902 Game Farm Road. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor A public hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the petitioner to adjacent property owners within 500 ft of the subject property no less than Fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the Community Development Department's office containing the names,addresses and permanent parcel numbers of all property owners. Unit,d City of Yorkville Annemfion PIyA.Zoning Special We Application Rui mad ).2y ix! PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2010-13 NOTICE IS HEREWITH GIVEN THAT Ultimate Sports Bar Inc., on behalf of Post Time Catering, Inc., Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting to amend Title 10, Chapter 7, Article C of the Municipal Zoning Code to define and identify licensed off-track betting and inter-track wagering locations or facilities as an allowed Special Use within the B-2 General Business District. NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, November 10, 2010 at 7:00 p.m. at the Yorkville Public Library, 902 Game Farm Road, Yorkville, Illinois 60560. The public hearing may be continued from time to time to dates uncertain without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois 60560, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. JACQUELYN MILSCHEWSKI City Clerk BY: Lisa Pickering Deputy Clerk o Memorandum J To: Plan Commission EST. _ 1936 From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Q9 11 n py Date: November 4, 2010 Subject: PC 2010-14 - Request for Special Use Permit for an Off-Track Betting <ilk.E (OTB) facility within the B-2 General Business District. Petitioner's Request: Ultimate Sports Bar, Inc. on behalf of Post Time Catering, Inc. is requesting special use approval within the B-2 General Business District for the purpose of operating an off-track betting (OTB) facility to be located at 1447 Cannonball Trail in the Town Crossing commercial/retail development. This request is concurrent with the petitioner's proposal to amend the city's Zoning Ordinance to identify OTB facilities as an allowed special use within the B-2 district. Proposal Summary & Staff Comment: Below is staff s commentary regarding the petitioner's proposal for the off-track betting facility. A more detailed project narrative; information about the Hawthorne Race Course and its off-track wagering venues; five-year revenue projections for the proposed Yorkville OTB; and a schematic floor plan prepared by the petitioner is also included in the packet for your review. Day-to-Day Operations: If approved, this location will be the sixth and final OTB licensed under the Hawthorne Race Course located at 3501 S. Laramie in Stickney, Illinois and serve as a wagering venue for live horse races taking place in Illinois as well as other racetracks throughout North America. To accommodate the off-track betting facility, the Ultimate Sports Bar will expand its current leasable space into the adjoining un-occupied unit which will contain the television monitors broadcasting the various races, wagering (tote) terminals and tellers. Since the live horse races are televised via a secured satellite broadcast, the building will require the installation of one or more roof-top satellite dishes. Anticipated daily business hours for the OTB will be from 11:00 a.m. until the last night harness race, typically between 11:00 p.m. and midnight. Wagering at the off-track betting facility will be open to patrons 18 years or older, in accordance with State law. Parking: The petitioner also plans to hold special events at the OTB facility during significant horseracing competitions such as the Breeder's Cup and Triple Crown Races. The available on-site parking will be utilized for the daily operation of the sports bar and OTB. During these planned special events, the petitioner proposes to enter into a written agreement with either Menards or the Yorkville Market Place located across the street to provide additional off-site parking. Trolley service will be provided between the OTB facility and the off-site parking for patrons attending these events. The available on-site parking for the Town Crossing commercial development consists of 97 spaces plus 4 handicapped accessible spaces for the current six (6) tenants. Staff believes the existing on-site parking is adequate for the daily operation of the sports bar and proposed OTB based upon their business hours and those of the other retail-service tenants. SecuritylPuhlie Safety: Although the sports bar and OTB will most likely operate as a single tenant, security doors will be installed to separate the uses when the OTB is not open for business. The petitioner has detailed other security measures to be implemented at the facility such as on-site cameras (interior and exterior) with real-time computer feed to the race track and a FOB system which provides OTB employees with a direct link to the local police department for immediate emergency response. Staff has contacted other communities where OTB facilities currently operate and have been informed that the customer base is diverse coming from various socio-economic backgrounds. The median age of OTB customers is about 45 years old and includes businessmen, professionals, retirees and tradesmen.' With regard to public safety concerns at existing OTB locations, in 2009 the Village of Buffalo Grove conducted a survey of law enforcement agencies in reference to "calls for service" at off-track betting facilities between May 2007 and December 2008. The police agencies contacted included Aurora, Crestwood, Mokena, Niles and Oak Brook Terrace. According to Buffalo Grove's findings, there "...were no high risk/low frequency police incidents that create cause for public safety concern."2 The police responses to these OTB facilities were deemed relatively low in volume and minor in nature. Project Revenue: Per State regulations, all wagers placed at the off-track betting facility are subject to a monthly I% City Tax and I% County Tax. According to the petitioner, if approved, the Yorkville OTB facility is projected to generate approximately $6.425 million in annual wagers resulting in $64,250 tax revenue to the City of Yorkville and $64,250 to Kendall County in 2011. The petitioner projects the OTB facility will incrementally increase its revenue by 5% each year thereafter. By year 2015, the City of Yorkville is expected to receive nearly $110,000 in tax revenue generated from the OTB facility. Staff has reviewed the Illinois Racing Board 2009 Annual Report. In 2009, there were 529 race programs conducted and wagering at off-track betting facilities generated a total of approximately $7.9 million for city and county governments. This however represented a 14% decrease from the prior year and the Illinois Racing Board awarded a total of only 493 racing programs for calendar year 2010. Compliance with Illinois Horse Racing Act of 1975: Staff has reviewed the proposal with regards to compliance with the zoning and citing requirements for off-track betting facilities in the Illinois Horse Racing Act of 1975 as amended ("Act"). Off-track betting facilities are required to be located within a commercial or manufacturing zoning district or as a special use. If the proposed text amendment to the B-2 General Business District to allow OTB facilities as a special use is approved this location would satisfy the Act's zoning requirement. The Act also state that an OTB has to be more than 500 feet from an existing church or school and if 50 registered voters live in residences within 500 feet, a majority of those voters must approve of the use in writing. Although there are no churches in the immediate area, the Town Crossing retail development is located less than 150 feet north of the Kiddie Campus Source: Off-Track betting Brings New Revenue Source Benefits to Local Communities(Inter-Track Partners,LLC). Memorandum dated February 5,2009 from Chief Steve S.Balinski to Deputy Village Manager Ghida Neukirch The distance of 500 feet is measured to the nearest part of any building used for worship services,educational programs,and residential purposes to the OTB facility,and not to property boundaries.(2301LCS 5126 from Ch. 8,par.37-26) Daycare and within 500 feet of residential properties. According to the Act, the term "school" refers only to elementary and secondary schools and childcare centers are excluded. Further, the applicant has provided verification that there are less than 40 registered voters living in residences located within 500 feet of the proposed OTB. Based upon this information, the proposed Iocation for the OTB facility is compliant with the State's citing requirements. Staff Recommendations: Staff offers the following recommendations for the Plan Commission to consider when reviewing the petitioner's request: • Wagering at the off-track betting (OTB) facility shall be limited only to live horse races and not include wagering on any other sporting activity, professional or otherwise. • The petitioner must obtain all required City permits and licenses associated with the tenant build-out and operation of the OTB facility, including but not limited to applicable building permits and liquor control licenses. • The petitioner shall provide specific detail slinformation on preventative measures to be taken to mitigate under-aged drinking within the betting parlor and bar area. • The petitioner shall obtain a license from the Illinois Racing Board prior to commencing any wagering activities at the property and must maintain good standing with the Illinois Racing Board. • The wagering component of the sports bar shall be limited to no more than 45% of the gross leasable floor space. • The petitioner shall allow the United City of Yorkville access to the camera surveillance system for the off-track betting facility upon request when related to crime prevention, investigations or other public safety matters pertaining to the property. • The petitioner must execute a shared parking agreement with a nearby property owner with an existing parking lot area sufficient to accommodate the overflow parking during special events at the facility. A copy of said executed agreement shall be provided to and approved by the City prior to issuance of an occupancy permit. • The petitioner shall submit a parking plan for every event requiring off-site parking. The plan shall include details regarding the use of trolley services or any other patron valet services and proposed traffic flow on US 34 and Cannonball Trail. Said plan shall be submitted to the City for approval no less than fifteen (15) business days prior to the event date. • Any violation of the conditions of the Special Use as determined by the United City of Yorkville shall be remedied by the petitioner to the satisfaction of the City or be subject to revocation of the special use granted herein. Standards for Special Use: Section 10-14-6F of the City's Zoning Ordinance establishes standards for special use requests. No special use shall be recommended by the plan commission unless said commission shall find that: l. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the city council pursuant to the recommendations of the plan commission. Attachments: 1. Copy of Petitioner's Application w/attachments. 2. Narrative for Project Operation dated November 2, 2010, 3. Additional security information for the Ultimate Sports Bar/OTB dated November 4, 2010. 4. Buffer Map of parcels located within 500' of the proposed OTB facility. 5. Redacted copy of registered voters living in residences within 500' from the proposed OTB facility. 6. Copy of Public Notice. Clip a United City of Yorkville 43 800 Game Farm Road EV. �� 'g'` Yorkville, Illinois 60560 o �'.F :� Telephone: 630-553-4350 Fax: 630-553-3436 PC# APPLICATION&PETITION ANNEXATION,PLANNED M�imal"eEl GPPM ST ,ZONING OR SPECIAL USE REQUEST Development Name: Bar, Inc. (OTB) Date of Submission: 10/12/10 Requesting: a Annexation Q Zoning a Planned Unit Development ;g Speclal Use: B-2 SIU for purposes of operating an off-track betting aGt tt:y t. Name of Pet!tioner(s): Ultimate Sports Bar, Inc. on behalf of Post Time Catering, Inc, Address: 1447 Cannonball Trail, Yorkville, 1L 60560 Phone Number. 630-553-6060 Fax Number: Email Address: Relationship of Petitioner(s)to subject property: X (other) Tenant o Owner 0 Developer 0 Contract Purchaser First National Bank of Ottawa 2. Name of holder of legal title, if different from#1: as Trustee under Trust #2400 If legal title is held in a Land Trust,list the names of all holders of any beneficial interest therein: Muhammad S. Kapadia and Rose Kapadia 3. a). (f). Street address and physical location of subject property: 1447 Cannonball Trail, Yorkville, IL 60560 (ii). Zoning of surrounding parcels: North: PUD South: O Office District and R-3 General Residence District East: B-2 General Business District and R-3 General Residence District West: 0 Office District b). Legal description of property;attach as Exhibit W. c). Total Acreage: 3 +1- d). Kendall County Parcel Number(s)of property: D2-29-126-006 e). Current Zoning Classification: B-2 f). ,Zoning Classification Requested: ** g). Is this property within City limits? X Yes No,requesting annexation ** B-2 SlU for purposes of operating an off-track betting facility and text amendment to identify an off-track betting facility as a special use within the B-2 General Business United Cotyo fYork+i.I eA IUWM ULlon.FITD.Zoning,NrvcgW Use APPINatron Revised IN09 Zoning District 44 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhlblt"B', 5. List all govern_mental entities or agencies required to receive notice under Illinois law: 6. List the Illinois Business Tax Number(IBT#)for the State of Illinois and names of businesses located on subject property to be annexed: NIA 7. Does a flood plain exist on the subject property? No 8, Do Electors reside on the subject property? No If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of resldence or legal voting status.) 9. Contact Information: Name,address, phone number,fax number,and emall address of person to whom inquiries regarding this petition may be directed: Attorney: Name: Daniel J. Kramer Address: 1107A S. Bridge St. Phone Number. 630-553-9500 Fax Number 630--553--5764 Email Address: dkramerWankramerlaw.corn Engineer: Name: NIA Address: Phone Number: Fax Number. Email Address: Land Planner. Name: NIA Address: Phone Number. Fax Number. Email Address: United City of Yorkville Annexettun.FUn.Tuning Specnl t'se Application Rih ised: 129 UU 45 10.Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 35 copies. b. Appropriate filing fee(Please refer to page 4 of this application to"Petitioner Route, Step 1, Fees"and/or contact the Community Development Department for verification of this amount.) c. Concept or Preliminary Site Plan:35 sets folded to fit In a 10'x 13'envelope. d. One CD containing one electronic copy(pdQ of each of the signed application (complete with exhibits)legal description,and site plan. In witness whereof the following petitioners)have submitted this application under oath and verify that to the hest of their knowledge Its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yoftllle. Date: 1C--j I t 2 ) 1 0 Petitioner(s)Signature: (All legal property owners'signatures must appear on this application.) Ultimate Sports Bar, Inc. teve Koulis Subscribed and sworn to before me this 1 c11h' day of Notary Seal THIS APPLICATION MUST SE NOTARIZE 110IFF101AL SEAL," LISA G.CARPE=NTER NOTARY PUBLIC,STATE OF ILLINOIS NIY COMMISSION EXPIRE$1119M14 United City of Yorkvilte Annerruom PIJD,Zoning Srecirl Use Application Re%ised 1 29 b9 46 ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application,fees*and all pertinent materials to the Community Development Department a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S.Army Corps of Engineers,etc.,to allow timely review by City. *Fees: a. Annexation or Annexation and Rezoning-$250 plus$10 per acre for each acre over 5 acres b. Rezoning only-$200 plus$10 per acre for each acre over 5 acres c. Special Use-$250 plus$10 per acre for each acre over 5 acres d. Engineering Review Fees-1.25%of the approved engineer's estimate of cost of all land Improvements,to be determined by City Engineer. e. Planned Un[t Development fee-$500 f. Engineering Review Deposit-up to 1 acre=$1,000; over 1 acre but not over 10=$2,500 over 10 acres,but not over 40=$5,000 over 40 acres,but not over 100=$10,000 over 100 acres=$20,000 g. deposit for Outside Consultants-under 2 acres=$1,000 2 to 10 acres= $2,500 over 10 acres=$5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs(i.e.legal review,land planner, zoning coordinator,environmental,etc,). Should OwneriDeveloper not pay these fees directly,they will be responsible for reimbursing the United City of Yorkville for the aforementoned fees and costs. Note: You must present your plan at each of the meetings below as Indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 41h Thursday of the month at 9.00 a.m.in the city conference Room. Upon recommendation by the Plan Council,you will move forward to the Plan Commission Meeting. Attendees to this meeting include: Community Development Director,City Engineer,Zoning Official, Public Works Director, Director of Parks and Recreation,Fire Department Representative, and Police Department representative. Step 3: Pam Board planning meeting: The Park Board makes recommendations on any park sites included in residential developments. The Park Board planning meeting Is the 4th Thursday of each month at 7:00 p.m.at the Parks and Recreation Office at 201 W. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the 2nd Wednesday of each month at 7:00 p.m. in the Yorkville public library at 902 Game Farm Road. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor. A public hearing will be held at this Bme for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the petitioner to adjacent property owners within 500 it of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the Community Development Department's office containing the names,addresses and permanent parcel numbers of all property owners. Unwd City of Yorks file Anne-Ation.P[tD.7.ontng.Speml Use Application RL%tsed 1.2409 47 Step 5-Economic Development Committee: The Economic Development Committee meets the 1st Tuesday of the month at 7:00 p.m.in the Conference Room at City Hall. The project will be discussed in an informal atmosphere where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 6: C' Council:A public hearing is required for annexation or PUD agreements. The City Council meets the 2 or 40 Tuesday of the month at 7:00 p.m.in the Council Chambers at City Hall. A public hearing wil be held at this time for the Annexal'wn Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkvgle in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement,PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Agreement. I understand and accept all requirements,fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original(retaining a copy for your records)to the Community Development Department, United City of Yorkville,800 Game Farm Road, Y � kiia7.-inols 60560. �Date: Signature of Ntitioner [Treed City orYorkyillc Anncxatinn.Plifi.Zoning.Special llce Applicalinn Revised 129.09 ,kE� United City of Yorkville 800 Game Farm Road Yorkville.Illinois 60560 £SFr��1C.7 ,.a t5 'telephone 630-553-4350 .r� � Fes.. 630-553-7575 p' ":✓ .moo INVOICE&WORKSHEET PETITION APPLICATION CONTACT: DEVELOPMENT/PROPERTY: Attorney Daniel J, Kramer 1417 Cannonball Tr., Yorkville, IL 1107A S. Bridge 5t. Acreage: 3 +/- Yorkville, IL 60560 Date: 10/12/10 Concept Plan Review: []Yea 1)No S 6agineering Flan Review Deposit,of 5500 due Amen ment: [XI Yes I]No S 500.00 $500.00 Fee due for each: (Annexation) (Plan) (Plat) (PUD) Annexation I 1 Yes []No 5 $250.00,plus b 10facre For each acre over 5. #of acres: -5= x S 10= +5250 Rezanin2: I I Yes []No S 5200.00,plus 510lacre for ears acre over 5. #of acres. -5= x S 10 c +S200 If annexing and rezoning,charge only 1 per acre[ee. If rezoning to a MD,charge PUD Development Fee-not Rezoning Fee. Snecial Use: [X]Yes I I No S 250.00 5250.00,plus 5 i0/acre for each acre over 5. N aracrws: .5= x 510� +S250 Mile and Y�Review: 5250.00 I]Yes I]No S Zoning Variance: 585.00 I I Yea I]No $ Outside Consultants deposit orS500.00 due Preliminary Plan Fee: 5500.00 I]Yes [I No S P.U.D.Fee: SSO0,00 I I Yes 11 No S Final Plat Fee: 5500.00 I I Yes 11140 S Engineering Plan Resiety Deposit: I I Yes 11 No S I I Less than I acre=I 1,000 due (1 Over I acne and less than 10 acne=$2,500 due I 1 Over 10 acres and less than 40 acres=S5,000 due I I Over 40 acres and less than 100 acres-$10,000 due I I Over 100 acres=S20,000 due Outside Consultants Deposit: [xi Ies (]No S 2,500.00 Legal,[.and Plann4T.Zoning Coordinatm Environmmial Services Annararianl .S b 'ririnn Re;muu cmd.S'wriul Ue I I Less than 2 acres=$1,000 clue IXJ Oyur 2 acres and less than 10 ncres=52.500 due I I Over 10 acres=S5,000 due TO'I A1.A.11OLIN I'DUE: S 3,2511.110 K.Ud 011-,]A, Pql 4110 rtC 4xsl X51+ LEGAL DESCRIPTION THAT PART OF BLOCK 4 OF CIMARRON RIDGE,BEING A SUBDIVISION OF PART OF THE NORTH HALF SECTION 29, TOWNSHIP 38 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PART THEREOF RECORDED MAY 21, 1991 AS DOCUMENT NO. 91-3284 IN THE VILLAGE OF YORKVILLE, KENDALL COUNTY,ILLINOIS, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 4;THENCE NORTH 5°02'21"EAST ALONG THE WESTERLY LINE OF SAID BLOCK,227.0 FEET FOR A POINT OF BEGINNING;THENCE CONTINUING NORTHERLY ALONG SAID WESTERLY LINE, 358.0 FEET; THENCE SOUTH 84°57'39"EAST, 317.75 FEET; THENCE SOUTH 40°01'36" EAST, 99.92 FEET TO THE EASTERLY LINE OF CANNONBALL TRAIL;THENCE SOUTH 6 058'24"WEST ALONG SAID EASTERLY LINE,279.97 FEET;THENCE NORTH 84 057'39"WEST, 186.21 FEET; THENCE NORTH 87 112'50" WEST, 192.96 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF BLOCK 4 OF CIMARRON RIDGE,BEING A SUBDIVISION OF PART OF THE NORTH HALF SECTION 29, TOWNSHIP 38 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PART THEREOF RECORDED MAY 2l, 1 991 AS DOCUMENT NO. 913284 IN THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 4;THENCE NORTH 5°02'21" EAST ALONG THE WESTERLY LINE OF SAID BLOCK,227.0 FEET; THENCE CONTINUING NORTHERLY ALONG SAID WESTERLY LINE,358.0 FEET; THENCE SOUTH 84°57'39" EAST, 194.50 FEET FOR THE POINT OF BEGINNING;THENCE CONTINUING SOUTH 84 057'39"EAST, 123.25 FEET; THENCE SOUTH 40°01'36"EAST, 99.92 FEET TO THE EASTERLY LINE OF CANNONBALL TRAIL;THENCE SOUTH 6°58'24"WEST ALONG SAID EASTERLY LINE, 83.36 FEET;THENCE NORTH 84°57'39"WEST, 191.17 FEET; THENCE NORTH 5 002'21"EAST, 153.88 FEET TO THE POINT OF BEGINNING. ADJOINING OWNERS TO THE PROPERTY OF ULTIMATE SPORTS BAR,INC. PARCEL No, 02-29-126-006 02.29.100.005 02.29.128.016 First National Bank of Ottawa Trust John M. Carlson 1022 Douglas Rd. 735 Independence Ct. Oswego, IL 60543 Yorkville,IL 60560 02.29128.007 02.29.126.005 James E. &Sheryl A. Heinz Norske, LLC 324 Blackberry Ln. 226 S. Bridge St. Yorkville, IL 60560 Yorkville,IL 60560 02.29.100-006 02.29.128.020 Kendall Co. Public Bldg. Comm. Carol L. Opel c/o Kendall County Courthouse 1393 Cannonball Tr. 807 W. John St. Yorkville, IL 60560 Yorkville,IL 60560 02.29.126.006 02.29.128.014 02.29.126.007 Joan 1. Pierski First National Bank of Ottawa 1377 Cannonball Tr. c/o Trust Department Yorkville,IL 60560 701 LaSaIle St. Ottawa,IL 61350 02.29.131.005 02.29.131.001 02.29.128.021 02.29.131.002 Brad A. &Meghan A. Schroeder 02.29.131,003 1381 Cannonball Tr. 02.29.101.006 Yorkville,IL 60560 Cannonball, LLC c/o Harlem Irving Companies, Inc. 02.29.128.022 4104 N. Harlem Ave. Jennifer L. &Ryann M. Jensen Norridge,IL 60706 746 John St. Yorkville, IL 60560 02.29.128.015 Faye M. Gates Living Tr. 02.29.127.017 1371 Cannonball Tr. Russell&Vasiliki Hanan Yorkville,IL 60560 1017A John St. Yorkville, IL 60560 02.29.126.002 Faith Unlimited, Inc. 1407 Cannonball Tr. Yorkville, IL 60560 02.29.128.023 02.29.127.023 Jonathan R. Stafford Wilbur W. &Adele C. Zielke 31 E. Lexington Circle 1021 A John St. Yorkville,IL 60560 Yorkville,IL 60560 02.29.127.018 02.29.129.006 Marian A. Hester Living Trust Michael W. Stefanski 1017 John St.,Unit B-East 1018 John St. Yorkville, IL 60560 Yorkville, IL 60560 02.29.128.026 02.29.127.024 Doug Swenson&Rachel Sillar Kenneth D. &Darlene B. Brugh 758 John St. 1021B John St, Yorkville,IL 60560 Yorkville,IL 60560 02.29.127.019 02.29.129.012 Shirley Erickson Loving Trust Kevin Schwartzkopf 1019A John St. 1021 Independence Blvd. Yorkville,IL 60560 Yorkville,IL 60560 02.29.128.027 02.29.127.026 Charlene Newkirk Kai Feng Li 764 John St. 684 Veterans Parkway Yorkville,IL 60560 Yorkville,IL 60560 02.29.127.020 02.29.129.019 Eduardo &Erin L. Cajina Todd William Brown 1019D John St. 3 9 Timberview Ln. Yorkville,IL 60560 Yorkville,IL 60560 02.29.129.004 02.29.127.030 Peter G. Ratos Castle Bank 1022 John St. c/o Peter Kappos Yorkville,IL 60560 304 Hambletonian Dr. Oak Brook, IL 60523 02.29.127.021 Beverly A. Bender 02.29.129.020 1013A John St. William W. Sleezer Yorkville, IL 60560 204B Cannonball Tr. Yorkville,IL 60560 02.29.129.005 Juan Noyola&Araceli Mendez 1020 John St. Yorkville, IL 60560 02.29.127.034 02.29.127.032 Castle Bank NA 141 W. Lincoln Hwy, DeKalb,IL 60115 02.29.129.023 Linda S. Panlilio 1024A John St. Yorkville,IL 60560 02.29.127.033 Castle Bank NA c/o Castle Investment Mgmt. Group 141 W. Lincoln Hwy. DeKalb, IL 60115 02.29.129.024 Donald W. & E. Jean Stewart 1024B John St. Yorkville,IL 60560 02.29.127.035 02.29.127.036 James Ratos 1408 Cannonball Tr. Yorkville,IL 60560 j r 1 __°--7� . ..,mar•...... ' • M •., r ` 5 Lagand 1447 rmtwbm Td - 1447 Cannonball Trail PC2010-13 500 Foot Buffer Map Hawthorne Race Course & it's Off Track Wagering Venues Hawthorne Race Course, Inc. (HRC) owns and operates the horse race track, known as Hawthorne Race Course, located at 3501 S. Laramie, Stickney, Illinois. HRC is regulated by the Illinois Racing Board and is governed by Illinois statutes in accordance with the Illinois Racing Act of 1978 as amended. HRC is a Thoroughbred track. It runs its races in the spring and fall each year, opposite when Arlington Park runs in the summer. HRC has the right to operate up to six Off Track Betting Parlors (OTB's) within Illinois. You must have a controlling interest in a "Live" racetrack to be eligible to hold an OTB license. HRC and its OTB's broadcast signals from Illinois racetracks and from other racetracks throughout North America at its licensed venues for patrons to place wagers. HRC has five of its six licenses deployed for OTB's in Chicago, Joliet, Mokena, Buffalo Grove and Aurora. Currently, twenty five licenses have been issued and activated to operate OTB's by all race tracks within Illinois. Approximately $400,000,000 is wagered through Illinois OTB's each year, On average, 80% of all wagers placed are paid back to the public as winning wagers. The remaining 20% is reserved for taxes and commissions. The amounts paid back to the public and all amounts reserved by the licensee are predetermined by Illinois Statute. Wagers are placed using a national data base (Tote System) whereby all wagers are simultaneously co-mingled to determine the odds for each race. The Illinois Racing Board audits each race to ensure the integrity of the system and all races. Wagers placed at Illinois OTB's are subject to a 1% tax to the municipality the OTB resides in, 1% to the county and 1.5% to the state. HRC has entered into various arrangements to operate a licensed 4TB's within existing businesses. HRC manages all aspects of the wagering operations while its partner maintains the food and beverage operations. This relationship requires the food and beverage operator to become licensed with the Illinois Racing Board as a Concessionaire Each year, the Illinois Racing Board must re license both the OTB operator and the Concessionaire. T (D O (3) 00 W) L7 o c0 N c*) O 00 co N co It ggo OOO O O O) lf> r r r O T r N M ti m N N N ti T It O (D (D (ND N � ti O O O T C'7 O LO It IT Id, LO LO N LO N (co. (�D d' OD 4 d O) C 0) ti co O M Oi T O O ti O O 00 O O it) V- co O O) CO 1- h— r 0) 0) 01 •" O O co IRt O O O O T" N N N N p T OD O -• -li CN CN c N V (O (O (D W C O to U O m O O -0 � W N C N cm w N a Q� m p N E 0. c c ~ •� 'E ii CL 2 W W ti CL 2 U Hawthorne Race Course Off Track Betting Locations LocationlOTB Aurora, Illinois Joint Venture/Company Owned Joint Venture with The Foundry Address 85 Executive Drive, Aurora, Illinois 60504 Phone Number 630-978-2088 Annual Handle 8,395,000 Annual Municipal Taxes 63,950 - Annual County Taxes 83,950 #of Employees 4 Annual Payroll 160,000 Location/OTB Buffalo Grove, Illinois Joint Venture/Company Owned Joint Venture with Adams Sports Bar Address 301 N. Milwaukee Ave. Buffalo grove, Illinois 60069 Phone Number 847-279-1700 Annual Handle 7,300,000 Annual Municipal Taxes 73,000 Annual County Taxes 73,000 #of Employees 4 Annual Payroll 160,000 Location/OTB Chicago, Illinois Joint Venture/Company Owned Company Owned Address 11203 S. Corliss, Chicago, Illinois 60628 Phone Number 773-995-8238 Annual Handle 29,200,000 Annual Municipal Taxes 292,000 - Annual County Taxes 292,000 #of Employees 45 Annual Payroll 600,000 Location/OTB Joliet, Illinois Joint Venture/Company Owned Company Owned Address 2450 Jefferson Street, Joliet, Illinois 60628 Phone Number 815-744-6500 Annual Handle 13,505,000 Annual Municipal Taxes 135,050 Annual County Taxes 135,050 # of Employees 24 Annual Payroll 300,000 Location/OTB Mokena, Illinois Joint Venture/Company Owned Joint Venture with Stoney Point Grill Address 19031 Old LaGrange Rd., Mokena, Illinois 60448 Phone Number 708-478-1670 Annual Handle 13,140,000 Annual Municipal Taxes 131,400 Annual County Taxes 131,400 # of Employees 4 Annual Payroll 160,000 Location/Main Facility Stickney, Illinois Joint Venture/Company Owned Hawthorne Race Course Address 3501 S. Laramie, Stickney, Illinois 60804 Phone Number 706-780-3700 Annual Handle 416,000,000 Gaming Taxes 2,900,000 Real Estate Taxes 1,800,000 #of Employees 150 Full Time1100 Part Time Annual Payroll 9,000,000 O 00 lluti a O �E o ;� o g o ]H 000 0 000 o 70 L,H H 'D=El D of D 0 0 _ xa. r� V• `, f ��rf a� r. /4 ��- lop!�� eel. . _ i •R — r LAW OFFICES OF Daniel J. Kramer 1107A SOUTH BRIDGE STREET DANIEL J.KRAMER YORKVILLE, ILLINOIS 60560 KELLY A.HELLAND (630)553-9500 D.J.KRAMER Fax.(630)553-5764 November 2, 2010 Krysti Barksdale-Noble United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Narrative for Project Operation Dear Ms. Barksdale-Noble: The following Narrative is offered to supplant the filed applications with the United City of Yorkville for the operation of Ultimate Sports Bar/OTB Facility: 1. Hours of Operation: The hours of operation would be from 11:00 a.m. daily until the conclusion of the last night harness race which would be approximately 11:00 to 12:00 p.m. at the latest on a daily basis. 2. Parkin : Parking would be provided on-site with an adequate number of stalls for nearly all operations. Special Event operations have been operated by the Applicant at other off-track betting facilities, for days such as the Breeder's Cup and Triple Crow Races. In the past the Applicant has entered into written parking agreements with large box users such as Menards in the past, and we have an opportunity with Menards locally here and the Yorkville Market Place immediately across the street to secure additional off-site parking for special events. During those special events periods the applicant has provided trolley service back and forth to the main facility. 3. Security: The security system operated at other off-track betting facilities and that will be implemented here provides for a large number of on-site cameras with real time computer connectivity to intra-track partners at Hawthorne Race Track, The inside security is heavily regulated by the State Board, as well as by ourselves to ensure no physical, violence or defalcation problems occur. In addition to the OTB cameras,the operator of Ultimate Sport Bar has numerous cameras located inside and in the parking Iots both on the main parking lot east of the facility and on the supplemental parking lot on the west side of the building which holds approximately 20 spaces. These are monitored again on a real time basis,and will insure safety of our patrons, protection against vandalism and the like. Neither the Ultimate Sports Bar Operator which previously ran an off-track betting facility at the most recent establishment in which he was a manager and the OTB Applicant have not experienced any violence problems at their facilities, Further there is a direct link to the Police Department and each of the employees of the off-track betting facility and the managers of the Ultimate Sports Bar will have possession of a FOB for immediate emergency response, 4. Signag : It is anticipated that the OTB and Ultimate Sports Bar will have adequate signage ability on the building, and the 2 marquee signs that are on the perimeter of the property for their advertising needs without any request for variance. They will process the appropriate sign application with the United City of Yorkville. 5. Approval by State Commission: Zoning approval needs to be granted for the Special Use for the OTB facility prior to the final approval with the State of Illinois regulatory bodies for issuance of the license at this location. Applicant believes they will be successful in obtaining a license so long as they receive City Approval based on their successful operations at other locations. They believe this location geographically is desirable and will service a local as well out-of-town clientele to the west, south, and north that is not currently serviced by facilities to the east. 6, Physical Location: The Off-Track Betting Facility will be part of the facilities of the Ultimate Sports Bar,but will be built out in the un-occupied southerly unit of the property which/has remained vacant since the original developer of the property built the sa e. It will have security doors that are closed and 1 ked and within the antrol of the OTB when its facilities are not in a eratio Very ly ours Danie J. Kramer, Attorney at Law DJKlcth LAW OFFICES OF Daniel J. Kramer 1107A SOUTH BRIDGE STREET DANIEL J.KRAMER YORKVILLE, ILLINOIS 60560 KELLY A. HELLAND (630)553-9500 D.J.KRAMER Fax: (630)553-5764 November 4, 2010 Ktysti Barksdale-Noble United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 RE: Ultimate Sports Bar/OTB Dear Ms. Barksdale-Noble: Enclosed please find additional security information for your review and file. Should you have any questions please feel free to contact me. Very t y y rs, Daniel r. Krame , Attorney at Law DJK/cth Enclosure 1-630-771-8297 Line 1 10:34:01 a.m. 10-29-2010 313 lotT&Wtfwnw Rate Course 3501 S.Laramie Avenue■Cioem,U,60804 708.7803700 • F=708.790.3755 • www.hawrh=emcceoww.com TO WHOM IT AMY CONCERN: THE HAWTHORNE OTB FACILITY IN YORKVILLE WILL BE EQUIPPED WITH THE LATEST HONEYWELL DVR VIDEO SURVEILLANCE EQUIPMENT. THERE WILL BE APPROXIMATELY 20 CAMERAS THAT WILL COVER ALL AREAS THAT WILL BE ACCESSIBLE TO CUSTOMERS AND EMPLOYEES. THE OUTSIDE FRONT AND BACK PERIMETERS WILL ALSO BE UNDER SURVEILLANCE; _ -•_._ .. A_. . THIS SURVEILLANCE SYSTEM WILL BE TAPING 24 HOURS A DAY, 7 DAYS A WEEK. IT WILL HAVE A 60 DAY MEMORY WITH A BACKUP FILE SYSTEM FOR 1 YEAR. IN ADDITION THE ON DUTY OTB MANAGERS WILL BE EQUIPPED WITH SECURITY FOBS ON THEIR KEY RINGS THAT WILL BE CAPABLE OF SILENTLY NOTIFYING THE LOCAL POLICE DEPARTMENTS IN CASE OF AN EMERGENCY. DENNIS TAYLOR DIRECTOR OF SECURITY HAWTHORNE RACE COURSE LAW OFFICES OF Daniel J. Kramer 1107A SOUTH BRIDGE STREET DANIEL J. KRAMER YORKVILLE, ILLINOIS 60560 KELLY A. HELLAND (630)553-9500 D.J.KRAMER Fax:(630)553-5764 November 3, 2010 Krysti Barksdale-Noble United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 RE: Ultimate Sports Bar/OTB Dear Ms. Barksdale-Noble: Enclosed please find the voting list, and we went from your from your furthest concentric circle. In fact there is under 40 registered voters within that distance so we do not have to do the special notice. 1 am enclosing a copy of the registered voter's list with the check marks or lines indicating those people who are registered voters within the prescribed area. Should you have any questions let me know. Very 1 ours, Daniel J. Krame , Attorney at Law DJK/cth Enclosure h fp T CN O Q 0 w r Q1 > m CD a a o r• � >1 o I 1 a T `O z H Y! _ Z) U C - O Z 7 Y � m '$ Jq LL LL LL LL LL LL LL U. LL t1• l+. L. LL LL 1L LL 0. 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QU ❑ LL0 -12zzCLMW �- ON O D m U cm S o z Y � a c cD 0 cn co Oi N n w b � H Ol c D O) C3 a a a Of h o w o� n. a r y _ H 7 O 1= l0- H 3 r Fr 3.8A4 I r r , ' r w r r N + r � r Qzs x , f r -- Edward 1F r r N r ,l r r -1N veterans Pk rr wy- l� I � 1459 `m I 1447 L O two L 5 t CV M N N t an —_— r , Y — I V I In0 � =°• � �� � C7 19 Q 1407 I I a I f 39 i c I I _ I L� I Q L a ^� 137 a I Ix� id71r +- p Independence - - - - - - � Ct - Independence Blvd- - - - - - - CO - "2 9447 Cannonball Trail 500 Foot Building Buffer PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2010-14 NOTICE IS HEREWITH GIVEN THAT Ultimate Sports Bar Inc., on behalf of Post Time Catering, Inc., Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a Special Use within the B-2 General Business District for the purpose of operating an off-track betting facility. The real property consists of approximately 3 acres, located within the Cimarron Ridge (Towns Crossing) development immediately south of Route 34, and immediately west of Cannonball Trail, Yorkville, Illinois. The legal description is as follows: THAT PART OF BLOCK 4 OF CIMARRON RIDGE, BEING A SUBDIVISION OF PART OF THE NORTH HALF SECTION 29, TOWNSHIP 38 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PART THEREOF RECORDED MAY 21, 1991 AS DOCUMENT NO. 91-3284 IN THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 4; THENCE NORTH 5°02'21" EAST ALONG THE WESTERLY LINE OF SAID BLOCK, 227.0 FEET FOR A POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG SAID WESTERLY LINE, 358.0 FEET; THENCE SOUTH 84 057'39" EAST, 317.75 FEET; THENCE SOUTH 40°01'36" EAST, 99.92 FEET TO THE EASTERLY LINE OF CANNONBALL TRAIL; THENCE SOUTH 6 058'24" WEST ALONG SAID EASTERLY LINE, 279.97 FEET: THENCE NORTH 84 057'39" WEST, 186.21 FEET; THENCE NORTH 87°12'50" WEST, 192.96 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF BLOCK 4 OF CIMARRON RIDGE, BEING A SUBDIVISION OF PART OF THE NORTH HALF SECTION 29, TOWNSHIP 38 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PART THEREOF RECORDED MAY 21, 1991 AS DOCUMENT NO. 913284 IN THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK 4: THENCE NORTH 5°02'21 EAST ALONG THE WESTERLY LINE OF SAID BLOCK, 227.0 FEET; THENCE CONTINUING NORTHERLY ALONG SAID WESTERLY LINE, 358.0 FEET; THENCE SOUTH 84°57'39" EAST, 194.50 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 84°57'39" EAST. 123.25 FEET; THENCE SOUTH 40 001'36" EAST, 99.92 FEET TO THE EASTERLY LINE OF CANNONBALL TRAIL; THENCE SOUTH 6 058'24" WEST ALONG SAID EASTERLY LINE, 83.36 FEET; THENCE NORTH 84 057'39'" WEST, 191.17 FEET: THENCE NORTH 5°02'2I"EAST, 153.88 FEET TO THE POINT OF BEGINNING. NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a Public Hearing on said Special Use application on Wednesday, November 10, 2010 at 7 p.m. at the Yorkville Public Library, 902 Game Farm Road, Yorkville, Illinois, 60560. The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. JACQUELYN MILSCHEWSKI City Clerk By: Lisa Pickering Deputy Clerk X31 C� � Reviewed By: Agenda Item Number Legal ❑ MT. , 1836 Finance ❑ Engineer ❑ Tracking Number ^i y City Administrator ❑ Consultant ❑ Agenda Item Summary Memo Title: Plan Commission Meeting Schedule for 2011 Meeting and Date: Plan Commission 11/10/10 Synopsis: Tentative Meeting Dates for 2011 Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval by Plan Commission Submitted by: Lisa Pickering Clerk's Office Name Department Agenda Item Notes: Memorandum ESL 1836 To: Plan Commission O '�� y From: Lisa Pickering, Deputy Clerk WA 0-2 ?O Date: October 19, 2010 Subject: Plan Commission Meeting Schedule for 2011 kE The Clerk's Office is in the process of publishing the City's master meeting list for 2011. Listed below is a tentative schedule for the Plan Commission meetings for 2011. The proposed schedule has the Plan Commission meeting the 2nd Wednesday of each month at 7:00 p.m. Please discuss this schedule at the Plan Commission meeting and decide if you have any changes to the dates or meeting time. Plan Commission 2� Wednesday—7:00 pm January 12 July 13 February 9 August 10 March 9 September 14 Aril 13 October 12 May 11 November 9 June 8 December 14 P L A N N l f�,! G r Econes C 0 M M 1 S J I 0 N E R S 41"1 till I III ii+rfk1?A-Crn 1'I1ML11111111iYI 9043 i1r141 �tk1�`I�Ifia�' A NEWS fib' INFORMATION FOR CITIZEN P LANN ERS Ir,t{ ;�i9}; III 111111r1'(I,II 1'Inllrlll(4 J 11 Open for B JJIu. 14.1..,'Itl:?rNlrrr,.4 IrN I.111�` 1111.r1r�lw:Iw'rJ6r V h�.JF' dl•f,.�ra.lrl 4- - _ "�5 - ' eLrr11TJ111 f11(S �(Iillt lyt'. y" �•'�..II b t1 ra ;I1; IN 011 ,r, 4-Z •*. s L• t -_,`�� ;1111'n, i} ;S9•./�"k' r -�-31�+� �t r I � - .. :,r•"��" �r+Y•.i-- t N �� �I���I +I'z141] K f�i r-rr- �' Z;`J- lr i• 1 ". ,_may�_ �+ ,�ii�j.� x1 ,+ JI I 1f�11. 1:•r'.1': .�:L',--•+ 15.x. s .�� I •t': 'J.I t .l. .., `�,i ii•.. - :;f tl T - i'J N1iJ-'rr6r. 4h 1 1411ii1Jt'f1.r. f i1 r !� 4{+t:t s �+•+'fi`f�,�+i7,]'��frr�'�'��y - _.':�..'!''-• - �rhe rP(dllair r;l7r1 T ' a'a IW011111. tlJf[JJJJ4J =t s sueL i S,i'. '.'� a •. ": `..• .. F. ,. 1 ' V. •.e..,.:u�l; .,t 1.0 C ^+' tiNIK1t1cli hon 1 L�p1Jir11s ins t1ifat L4 14 u is �''�, ���' �1 •J � �'� � 1�1 "R � ICI � :�='.. tali17Inma Sum no f.n,F l �I r1 t9 is 11.3 l�¢; pwr( Y.1. ,r/f - c +'lam t f _ �. 1.l ,,• r` r I J'LU 1;APO a Jairr 1f' S+ �' �:�1.f .-/. 1.T � �fJ. ✓) RoCky Road value iI'Fri r1`1`5 i 111vol-ley JJ4 JJ PIMill! PLANNING COMMISSIONERS JOURNAL / NUMBER 79 / SUMMER 2010 www.plannersweb.com FROM THE EDITOR CONTENTS P L A N N i N G C O M M I S S I O N E R Planning ¢wind} ® New Ways to Weigh r Economy vs. Environment Local Economies • • by Dave Stauffer In many communities, city planning and A longstanding debate is again heating up over economic development functions are, to use whether we should favor economic gain over Champlain Planning Press,Inc. current jargon,in their own"silos."That's the environmental protection. P.O.Box 4195,Burlington.VT 05405 case in Burlington,Vermont,where I live Tel.802.864-9063*Fxx:802-862-1802 (and have served on the planning commis- Bu Tness g Downtowns Around: E-m,il;pejaf ce9gaut]l-com stun). Our long-range tannin efforts a Business Improvement Districts planning pay p)=netswebxom great attention to natural and historic by Beth Humstone How BIDs work and what they're doing to Editor assistant Editor resources, and focus in depth on transporta- address today's downtown challenges. Wayne M.Senwilie larzy Pllueger tion planning, housing policies, and other Burlington,Vrvmont Clearwater,Florida issues. Yet too often, we've failed to sync Enjoying Each Others, Company planning with economic development and by WayneSenville Manager Editorial fiscal policies. Elizabeth M.Krambolz Advisory Bo rd 1 don't think Burlington is an isolated Learning from he a downtown BID that manages a BurIinglon,Vermont Lai fW A]CP park in the heart of Manhattan. D' Y= example. Even in cities with a consolidated tr ,Bradenton,FIrrida PCJ Conilluting planning and community development IM The Wise Economy Writt" Lee A.ICmbn,AI p department, there's not always attention to by Della Ruche,,AICP,CEcD tail FAICP Manchester,Vermunt the importance of integrating physical plan- Unless commumues can find better ways to List Hollingsworth- Ross Moldoff,AICP ning, economic development,and fiscal poli- handle change,they're unlikely to succeed. ties.That's the thrust of an article in this issue u& Y. mCP Sion'New Flampsltirr b Brian Murphy and Brett Sheckler. P+�lh.Prrivania y rP y � Integrating Physical, Chtist�wel3.Mueller Do planning commissions have a role Economic, & Fiscal Considerations Rat 5teplttms LawraKdn ;r,Indiana to play in local economic development plan- in Community Planning ffruvc' +5 orwh ning? Yes, says planner Gwen Hallsmith, by Brian Murphy and Brett Slteckler Hannah'I'waddrill Iry$tCAhfd rr g� Y P Chat4atttst+r'llt Y to Chico,Ca]tfarnia who also stresses the importance of the word How a more integrated approach to planning � "local." That's a view shared by economic can better align a community's policy objectives. Gwetiftlyn u1smit'h Barbara Sweet development consultant and planner Della It mqt it,Vermont Hyde P New Yoh L Rucker who says community planning needs Getting Started on a Local Economic Plan Carolyn)Brauer,MCP ]lent Watson�,� „��� to focus on identifying local strengths. AnA4,Minnesota by Gwendolyn Hallsmith One important tool that can help invigo- rate the local economy is the use of business What role can a planning commission play in I?avt StauB'er T)�TgA Jump-starring the local economy? Reawge.mantand Ned Corbett improvement districts. Planner Beth Hum- stone provides an overview,while 1'll eve you J;e�1YUatstone Fmssbttrgh,Vtrtttont P g Y ® Education and Portiond,Malne a brief tour of an innovative BID that is gener- Economic Development Cov'erlilUsttation ating fiscal benefits for the City of New York, by jack McCall Wendy Grq,xlCP Paul Hoffman while providing pleasure for residents, office Why quality education is of critical importance Tallahassee,Florida GrernfiehtMassad nisrus workers,and tourists. to the economic vitality of cities and towns. Subscription Information For some,there's still the view that what's Pu bl isltrd4drueslyear.StandarJAm&:S671year.Admo, good for the local economy is at odds with M Dollars and Sense of suhsniptions mailed in ilte saute address:$,12 eachlyea what's good for the natural environment. by Carolyn Braun,AICP ISSN 1058-56x5. Postmasltr and Subscribers:Sen With visions of BP in mind,that may be hard Should planners consider the impact of address Changes to Platting cottrnrfssio tdrsJourrtai,m to argue'with.But take a look at Dave Stauf- regulations on property values? $a 1295.Malington,Vr05406. fer's perspectives. m Editorial Policy Civic Responsibility *¢ r. You'll find these ,Articles and cotunuts contained in thr,lournai do nt 1+ by Ric Stephens articles and more on nrcassari[yrEfltxtthcvfrt+�softhrjournal.ThrJaurnal the link between plan- citizenry we be focusing more on responsible copyright protected by Champlain PIMming Prass2011 1. a ”' citizenry and less on complex codes? Forpermissfontore roduceord, infttr.any poivnn of a ' + ning and local econo- Journal,contact thezailar"Aispublication is drsrgned I }. mien inside.♦ m Smoothing the Rocky Road Provide accurate and m ax"alive information on the sul ,, 'DQ 11 Jim Segedy, Seged.AICP and Lisa jtet matter covet ed.It is sold with die understanding the /"+ �`"`�"'�'~ 1lniLngsworth-Segedy.AICP alto pubiislter is not enRagrd in rtndrn7tg'Trgal,aceounGr or oche,professional so vires.if legal ar other expert tsss! Wayne M.Senville, Ways planning commissions can work better tancr is rewired,the services of a competent pmfessiom Editor together as a group. shouldbesaught. PLANNING COMMISSIONERS JOURNAL I NUMBER 79 / SUMMER 2010 PLANNING #11111* LOCAL ECONOMIES New Mays to Weigh Economy vs. Environment by Dave Stauffer longstanding debate is again school seniors' average SAT college- to help with fundraising (for some advo- heating up. The debate, that is, entrance scores,and 20 measures of nat- cacy groups) and audience ratings (for over whether a nation, state, or "I capital, such as acreage of parks and some media outlets). community should favor job creation public lands and air particulate.matter. But today we know,by way of rtumer- and economic gain over benefits such as ous studies and companies' experiences, environmental protection and public that pro-environment measures can be health. • , ; ; : ;. o pro-economy as well.Look at carpet man- One example,as 1 write this in May,is ufacturer Interface, Inc., whose founder raging in California over implementation , ;;,{ ;:, and chair Ray Anderson gained corporate of a law that would slash the state's green- ; •, ; ; fame by committing his company to envi- m house gas emissions. A proposed ballot ronentai and social responsibility. In an petition would delay the law until Cali- early 2010 podcast,Anderson asserts that forma's current unemployment rate is cut his company's initiatives in these areas by more than half. One side's research — "have saved 400-and-something million says the law could cost 1.1 million jobs, On the other side of the continent, dollars ... I mean real money." and the other side's findings claim the law GPIAttantic, a Nova Scotia-based non- Closer to home for us planners is would reduce California's overall fuel profit, developed an instrument dubbed increasing evidence that caring for our expenses$3.8 billion by 2020. the "Genuine Progress Index" (GPI), natural and social environment also On the local turf more familiar to whose six main categories of numerical boosts our economic well-being.A study planning commissioners,my community measures are living standards, health, released last year, for example, found is engaged in an increasingly vituperative time use, community vitality, education, that homes near a park or natural area in spat over installation of a gravel pit oper- and environmental quality. Under "time the Minneapolis metro area get an aver- ation, to be situated across the street use," for example, are dollar measures of age property value boost of $15,300, from an upscale subdivision. The battle civic and volunteer work and unpaid Open areas of 50 acres or more increased is characterized as jobs and economy housework and child care. the value of homes up to a half-mile versus public health and "quality of life." In some cases we also may find that away by between 3.0 and 4.8 percent.' 1 would expect that you, along with an issue presented to us as "either/or" What's the bottom line for planning any seasoned planning commissioner, is instead more of a "both." That sort of commissioners? It's that we should always have had to wrestle with some form of this solution is implied by Thomas M.Power, be open to non-financial measures of our debate.Take heart:We're increasingly see- emeritus economics professor at the community's well-being and always be ing means by which we can escape, or at University of Montana, who, in his skeptical of anyone who comes before us least minimize, the toxic charges and 1996 book Lost Landscapes and Failed claiming we have to choose between the countercharges common to these tiffs. Economies, wrote, "What we seek, economy and the environment. The first is through advances in quan- through both ... industry and environ- Dave Stauffer is a free- Ew, - tifying the previously unquantifiable. An mental protection, are economic goods lance writer and chairman of early adopter of quantification is the Sier- and services." The ultimate aim of those the Yellowstone Business ra Business Council (SBC), a California- on both sides is a net gain in quality of Partnership. He is a former h` " Nevada regional alliance that compiles life, which is determined by economic, city planner,planning com- what it calls the "Sierra Nevada Wealth environmental,and societal impacts. mission chair and city coon- ' r;. Index." So if it's not a stark either/or choice, cil member in Rea Lodge, The index measures the social, natur- why do our debates concerning economy Montana. Stauffer regularly al, and Financial capital — the so-called and environment tend to he framed that writes for the Planning Commissioners Journal. For a list of his previous articles: wwwplanners triple bottom line—of SBC's region. The way? In part, because it helps simplify For a list of his r rev index tabulates 18 mostly familiar mea- complex issues. And issue partisans, sures of financial capital, but it also along with the media, often prefer sim- re reports 15 measures of social capital, licit ; it makes their jobs easier. Starkly 1 'Study confirms open space near homes pays off," P P� P }' J y by Laurie Blake,Minneapolis Star Tribune(June 16, including funding for the arts and high defined either/or controversies also seem 2009). PLANNING COMMISSIONERS JOURNAL / NUMBER 79 / SUMMER 2010 PLANNING *11}10 LOCAL ECONOMIES Turning ®®vvntowns Around: BUSINESS n the 1970s suburban shop- IMPROVEMENT DISTRICTS States in communities ranging in popu- lation from 1,000 to over 8 million.Some ping malls were draining the life by Beth Huinstone cities have multiple BIDS, each geared to out of downtowns around the a different neighborhood or commercial country. Retail businesses and offices in - center, All states, except Wyoming, have center cities were either closing or mov- legislation enabling BIDS. ing out to the periphery.They left behind Ii�_w9n•.n dursea fA� M�'LPES114a1 Within broad legislative parameters of places plagued by crime and arson, promoting and marketing downtowns deferred maintenance, and abandoned and making them clean and safe, BIDs properties. Downtowns were in crisis _-_ have undertaken creative approaches to and planners, developers, preservation- _ _ downtown revitalization, and have been ists, property owners, and city officials r credited with many downtown turn- diligently were Iooking for ways to turn grounds.When BIDS were first formed in t ` the situation around. � Y - the 1970s and 1980s, their primary activ- Among the tools developed to draw flies were removing litter, making the activity back to Main Street was the `�'"� •� r streets safe again, and boosting local Downtown Business District or Business businesses. Improvement District (BID). Now,nearly Over the years BIDS have expanded forty years later, as downtowns have the scope of their activities to include: faced a different kind of threat-that of a •it is nationwide economic downturn -- promotion of their unique settings and time to take a look at how these business historic architecture; installation of �, -. arks lighting;districts are doing and how they are i ��� r p , benches, and street li htin and poised to address today's challenges. .f holding special events. As strong advo- cates for downtowns,BIDs pressure local do WHAT IS A BUSINESS 1 f- _ governments for services and help to IMPROVEMENT DISTRICT? L Ipw '- change the rules to make these areas bet- Business improvement districts have ter places to live and work. several characteristics that differ from Mr. One key to BIDS' success is the other community development and main _ - 1 alliances they form with other downtown street revitalization tools. They operate boosters. Among their common partners in a clearly delineated area within which are: property owners and/or merchants are • Main Street Programs of the Nation- subject to a tax or fee assessed under city °`i- al Main Street Center, which utilize Lax authority.' 1 _ preservation-based strategies to rebuild BIDS are established locally according °- ;fl "places and enterprises that create sus- to state enabling legislation. They oper- ' i. zt tainable, vibrant, and unique communi- ate as nonprofit 501(c)(4) organizations, ties.", public-private partnerships, or city • Chambers of Commerce and mer- agencies. They bring special skills and 21 ,, yam / chants' associations working to boost services to downtowns that local govern- `'`` _.. businesses and attract tourism. -" Nat-for-profit organizations and menu are unable to provide, _ " • Today there are an estimated 800 -_ — --- developers rehabilitating properties that downtown business districts in the United Every Thursday evening during summer,down- town Grand Junction,Colorado,is home to a lively 2 Email correspondence from Rowena Gono, I In some cities residential properties,including farmers market.It is sponsored by the Grand june- Research Director for the International Downtown condominiums and rental apartments, may be Lion Downtown Partnership,which includes a BID Association(May 24,2010). exempt. In others, they are assessed along with established in 2005 to fund marketing,promotions, 3 http://www preservationnation.org/main-street/ commercial properties. public relations,advertising and special events. about-rnam-street/ PLANNING COMMISSIONERS JOURNAL / NUMBER 79 / SUMMER 20I0 1 :-i provide spaces for new businesses and entertainment, shops, and restaurants. residents. Maine College of Art occupies the old • Social service agencies offering r Porteous Department Store in the center assistance with problem behaviors of what is now the Portland Arts District. and/or promoting and celebrating cultur- 1 A Michigan boat building company al diversity, recently relocated to a former bank • City planning and community *+" k_ building in downtown Syracuse. development offices, which provide , I `�" 2.Problem Behaviors important strategic direction, regula- In many cities, the population of tions, technical assistance, and infra- Savannah College of Art and Design's 85,000 u homeless individuals, runaway youth, structure investments. square foot Jen Library—one of the largest an and vagrants on downtown streets has school libraries in the country—occupies an entire increased. Problem behaviors including TODAY'S CHALLENGES city block downtown.It is housed in the former In spite of their past successes, buss- Levy and Maas Brothers Department store building Panhandling and drug dealing, can deter visitors and residents alike. However, ness improvement districts are facing and predicts that big projects are not downtowns are also the places where many challenges. These include not only going to get us out of our current dol- social services, including shelter, food, retail vacancies and sagging investment drums, but rather the smaller, deliberate health care,and counseling are located to resulting from the weak economy, but steps of local people.' serve these populations. The challenge also issues such as homelessness and It appears that campaigns supporting for the downtown district is how to panhandling, graffiti, residential/night- local businesses and products are having remain a center for all members of the life conflicts, and parking. some results. One survey showed that community, while minimizing the intru- 1.The Changing Retail Environment more shoppers deliberately sought out sion of problem behaviors. Long gone are the anchor stores in local businesses in the 2009 holiday sea- downtowns that attracted other stores son than in previous years.' There is a and restaurants and brought in shoppers. resurgence of farmers markets down- s i Even the specialty stores that replaced town and restaurants that make use of many of these retailers are to trouble, local vegetables, cheese, meat, and fruit leaving BlDs to ponder the future of (as consumers demand high quality, retailing. organic,locally-produced food). Nevertheless, there are promising "Buy Local Thrive Local" in St. Croix - developments in downtown retailing Falls, Wisconsin is a three year project that BIDS are guiding, including the through which Americorps VISTA staff emergence of "Buy Local" and "Farm to identify and promote both locally-owned !J Table" campaigns that support patronage businesses and food products--and orga- , of locally-owned and independent busi- nize "re-skilling"workshops in food pro- ., around the comer nesses and locally-produced food. duction, crafts, art, and nature to help from a jazz concert These initiatives reflect a growing stock local businesses with local prod- on the Church Street interest nationwide in defining and mar- ucts. The St. Croix Falls BID is a partner Marketplace in keting a community's unique character in the project. Many similar Buy Local Burlington,Vermont, and assets- to contrast with the bland- projects around the country are also part- ayoung man is look- ness and sameness of regional malls and nerships in which B1Ds play active roles. ing for spare change. suburban strip developments. Roberta Another promising development is Brandes Gratz, an award-winning jour- the reuse of large, vacant downtown One approach to problem behaviors nalist and urban critic, refers to this as a spaces for art schools, incubator busi- utilized by B1Ds is the street outreach time for "rebirth of local opportunities" nesses and industries, and showrooms. team. Burlington, Vermont's team,now a These can become new anchors in down- program of the United Way of Chitten- 4 Conversation with Roberta Brandes Gratz,February towns. The Savannah College of Art and den County, began in 1996 through the 3, 2010. Editor's Note Roberta Brandes Gratz has Design has transformed man y old down- written several articles on downtown-related topics Church Street Marketplace District Com- for the Planning Commissioners Journal:"To Market to town buildings into places for education mission, a BID. It addresses problems Market" (on farmers markets); "We Don't Have in the visual arts, attracting artists, associated with youth,homeless,and the Enough Parking" (on the common oversupply of parking in our downtowns);and "Downtowns Grow 5 Stacy Mitchell,"Holiday Sales Increase at Indepen- mentally ill in the city's Small downtown, One Step at a Time."For details and to order or down- dent Businesses,National Survey Finds,"(lanuary 14, The program puts skilled social workers load these articles,go to- www.plannersweb.com 201o),available at-www newrules org [search for /gratz ham] "holiday sales"] continued on next page PLANNING COMMISSIONERS JOURNAL / NUMBER 79 / SUMMER 2010 Tuming Downtowns Around... yg t continued from prevLaus page ' Il I rti w r:Iw r on the street to connect people to com- munity services that may assist with their needs and deter problem behaviors_ Burlington's program has become a model for other communities. _ f 3. Graffiti T Larger cities have been addressing ;Fa •" ! _ graffiti for years. But now even smaller cities and towns are facing this problem. . i Chris Naumann of the Downtown Boze- mi man Partnership says, We have recently q,, 'M '` seen a dramatic increase in the occur- rence of graffiti and tagging (yes, even Amenities downtown can also include tree plantings,which make for a more attractive and pleasant here in Montana!). Two years ago we environment. These two photos were taken on the same block in downtown Burlington,where restaurants host outdoor dining. began a comprehensive graffiti removal program to address the problem in our ate response to the problem, the Down- Downtown District,have set up commit- historic Main Street district. In 2009 the town Akron Partnership has posted tees made up of bar owners,music venue program removed over 500 tags in our 14 videos on You Tube of employees at work owners and operators, police, and SID block district." removing graffiti.' staff. Portland's Night Life Oversight Graffiti can be a challenge for BIDS 4. Residential Growth Committee has been successful in miti- with limited resources,but these orgatii- in the Downtown gating problems by working with owners zations know that they must respond A positive development in recent and operators of bars and nightclubs and promptly and effectively--usually within years is the growing number of people of cooperating with police and other mem- 24 hours. Demonstrating their immedi- all incomes living in downtowns. Many bers of city government—while advocat- Il.x come seeking more convenient lifestyles ing for a vibrant nightlife, where they can walk to shops, services, According to Lauren Adkins of the and entertainment while downsizing National Main Street Center,some down- their living spaces.Young people look for towns are establishing hospitality zones proximity to nightlife and sporting with patrols to address these problems. events. Older residents choose buildings The national Responsible Hospitality - that offer accessibility to services they Institute recommends best practices for increasingly use. hospitality ty zones and provides a network a for people who work in these areas. - Although many BIDS maintain their focus on downtown businesses,some are 5•Transportation Challenges ;! shifting to embrace residential develop- Meeting the needs of diverse popula- ment as a core part of their mission, and tions for transportation can be challeng- ing welcoming resident members to their for downtown districts. Many have boards. According to Janis Beitzer, Exec- worked to make parking plentiful, con- utive Director of the Portland (Maine) venient, and cheap in an effort to suc- cessfully compete with suburban Downtown District, BIDS are going to y p ! N, have to either develop more services for locations with their acres of free parking. _ residents or reduce fees for them. Yet,most now recognize that continually 1 But with more residents living down- � i 7 Noise can be a senous problem as a downtown's res- g t, town, conflicts can arise. Residents may idential population grows While noise from late Dealing with graffiti - -- complain, for example, about late night night crowds at nightclubs and bars are one concern noise from bars and nightclubs.7 Yet late there are others such as early daytime noise from con. in Bozeman,Montana, � , to make sure the down- JV o dz hours and night life are often part of hav- strueuon and garbage collection + '. # 8 According to the Responsible Hospitality Institute town main street stays its, i ing a thriving downtown. hospitality zones are areas to a city with extendec attractive. I _ Some BIDS, such as the Portland hours,a high concentration of dining and entertain mint businesses,active street life,and a center o! II ° 6 Currently posted at: www youtube com/watch? events and celebrations These zones mayor may not F 'r11L T - v=gKwbAFo5PSE align with zoning districts and BID boundaries. PLANNING COMMISSIONERS JOURNAL / NUMBER 79 / SUMMER 2010 1 expanding parking is not a solution for ing;and offer amenities such as benches. i 4 dense downtowns and that use of alter- They also keep the downtown streets native modes of transportation must be visually interesting for the pedestrian , encouraged as welt. with holiday lighting, store displays, Many downtowns are running out of plantings, and wall murals., ._ room for parking — especially surface 6.New Advances in Promotion tl " lots. Moreover, parking structures are A growing number of BIDS are utiliz- expensive. Congestion also is limiting ing social media to promote and market the ability to continually accommodate downtowns. BIDS ask people to become more and more cars. "fans" on Facebook, tweet about BIDS are working on long term solu- upcoming events and new store openings Portland,Maine tions that promote walking, bicycling, on Twitter, and post videos on YouTube. The Portland Downtown and transit to and around downtowns in Some even develop f people to P a"apps" or P P District,snot-for-profit addition to parking. Quite a few partner report problems,such as graffiti or public 501(c)(4) organization founded in 1942, with transit agencies to provide regular drunkenness, or to locate historic sites, has three full time staff and an active bus loops within downtowns that are dis- entertainment venues, restaurants, mar- board who are leaders and facilitators in counted or free for shoppers, employees, kets, and shops. In addition, social support of the quality of life and vitality and residents. Some help install and media, such as LinkedIn, have assisted of downtown Portland. maintain bus shelters and/or bicycle BIDS in networking with each other. The organization's goals are to keep racks. BIDS also often encourage down- the area clean and safe,promote and mar- town employers to offer bus passes in SUMMING UP: ket the downtown for businesses,resi- addition to parking passes. In Ohio, the Over the years, many downtowns dents,and tourism,and advocate for Downtown Cleveland Alliance operates a have benefited from BIDS.The continued Policies and actions that accomplish the program through which bicycles can be adaptability of BIDs to changes in retail- mission. rented and bike rental passes obtained. ing, social marketing, diversifying popu- Among PDD's innovations are a Many of the basic services BIDS typi- lations, and shifts in national and local recently-funded street outreach team for call provide promote a more walkable economies will be key to their success in Problem behaviors,creative holiday lights Y P P y by a local artist,pedestrian wayfinding environment. BIDS clean plow, and the future. 5o tar, even small BIDS have signs,and summer concerts by area bands repair sidewalks; make crosswalks safe proven they can embrace these new chal- where local brews are served. and accessible; provide adequate light- lenges and be successful. Resources -� Beth Humstone regulmly writes Jor the Planning •National Main Street Center. Commissioners Journal. wwwpreservationnation.orglrnai'n-street WA I,,e qw,a„ okaKrms 1, �,�.,,� Over the past 35 years,she � � •International Downtown Association: yW, has worked as a planning a-b.,a."mlq,&t W&,&v s we M-;0.e _ wrq ua m OM w•wwida-downtown.org/ su"v « Fa f-Vrbe-bags consultant on a wide range � Responsible Hospitalit y y Institute V-1a"•,,� Of projects in rural commu W.r1 uy"su.n•aw ryn,r."a�eews•aaa a a�.r�OW a twmr"tar ke Ww1iW eb.OrW O 6•.owanW*oQ4401 ft"WW WWW K ")Wm-A .mt, nities and small towns. '�"� _ Humstone is the author, •Farm to'`allle:wwweaTthpledgtvo%gjf2t New Orleans'Oak Street Main Street is one of a with Julie Campoli and Alex MacLean,of Above 'The HomeTorvn Advantage(a program growing number of dowmown and main street and Beyond,Visualizing Change in Small Towns of the New Rules Pmject):wwwrtewr ales. organizations using social media such as Facebook and Rural Areas(Planners Press,2002). orgfnew-rules-project progrAms •Burlington(VT)Community Street Outreach Project:reposted at: Nvw.plannersweb.com/community-out tttsw�icPresa^AnOn WrFeauueAnmcdcW reach.pdf Now Available from the :�( ^. «St.Croix Falls Buy Local Thrive Local: '..;l►.. Planning Commissioners Journal: F _ � � '� vt►w�vsefbuylocal,orp�abtautus.htin 45 Beautiful framed prints " of a dozen of our past •Downtown Cleveland Alliance: cover illustrations. t. , www.downtownclevelandalliance.coni ' •��, �- __,,^ '� - � Portland Downtown District: p� h` ! For information: WWW porrlandmaine.corn www.cafe ress.corW t, a p +Minneapolis Downtown Improvement pcjournal District Ambassador Program:www,you tube.com/watch?v=kuH_txCDIr0 PLANNING COMMISSIONERS JOURNAL / NUMBER 79 / SUMMER 3010 PLANNING 011* LOCAL ECONOMIES Enjoying Each OthersCompany by Wayne Senville P meant Park is six acres of open threatened to close down the space in the heart of midtown park. As reported in The New Manhattan. Located between Yorh Times on September & It f ear, 40th and 42nd Streets, it is bounded on 13th of that y "Clurman �t warned yesterday that he ` ,, �I'{ _ ' r the west by Sixth Avenue and on the east might close Bryant Park to the by the classic New York Public library's public as a last resort to keep f Central Research Branch on Fifth - ' undesirables from using it. . Avenue. At the center of the park, a lush The park,he said,is inhabited acre-and-a-half expanse of Iawn. ' by gamblers,junkies, brown- Visiting Bryant Park during an early baggers sucking at wine and l afternoon this May, 1 found hundreds of liquor bottles, derelicts, pan- people reading, chatting, having lunch, handlers, and menacing rip- working on their laptops, playing chess, off specialists. View towards New Yarh Public Library at east end of park. throwing petanque balls,' doing tai chi, How did Bryant Park's turn around ing and construction budget is entirely relaxing by the fountain, and most of all, happen, and why is it such a lively, suc- drawn from revenue generated by corpo- enjoying each others' company. In fact, cessful place today— a place that pumps rate sponsorships; restaurant conces- on an average spring day more than millions of dollars into New York's econ- sions; event revenues; and assessments 11,000 people visit the park, a number omy and has anchored what is now one paid by properties with the BID.' In other that almost doubles in summer, of the most sought after areas for bust- words, it costs the general city taxpayer Returning to Bryant Park today is a nesses to locate?1 nothing. remarkable experience for someone who I put these questions to Norman Event fees can he especially lucrative. grew up in the New York City area in the Mints who has long been involved with Biederman notes,for example, that"for a 1960s and 70s. I remember Bryant Park Bryant Park as an urban designer, and mid-six figure fee, Microsoft asked only as a place to avoid. has also served in a similar capacity for that the Bryant Park Corp.host a free 45- In 1973 then New York City Parks New York's 34th Street Partnership, a minute concert by Sting in late 2001, Commissioner Richard Clurman even business improvement district (BID) that with the backdrop of a banner promoting provides services in a 31 block Windows XP." While a figure like this area of Manhattan. sounds staggering (and outside New e °fir r 4' w Mintz attributes much of York and a handful of other cities certain- Bryant Park's success to use of a ly is), Biederman adds that "great earned nonprofit BID to fund and man- income programs start small, as did age the park. As he told me, Bryant Park's in 1993 with a small fee for "although B1Ds are usually con- an event with balloons celebrating the nected with commercial dis- public offering of a German corpora- _ Nt trios, the Bryant Park Business Lion."-' g #' Improvement District functions P While adequate Funding is essential, the same way, in that the build- it isn't all that is needed. According ings around the park are to Kathy Madden, Senior Vice President assessed by the square foot,with for the Project for Public Spaces, ac- monies collected funneled tive, well-used public spaces depend on through the City of New York to u - the Bryant Park Corporation 1 Petanque is popular in France,and is similar to _ (BPC).n3 bocce Dan Biederman, President of 2 For more on the economLc benefits that parks can [he BPC and the 34th Street bring,see Frnst&Young,Now Smart Parh Investment Pays Its Way(including a rase study of Bryant Park); Partnership, notes that Bryant Executive Summary at: www.ny4p org (search Park's $8 million annual operat- "Ernst') PLANNING COMMISSIONERS JOURNAL I NUMBER 74 / SUMMER 2010 i . ­101 number of planners and urban analysts, this kind of public-private relationship ; `- - offers the best way to provide public spaces with much needed funding,while ensuring they're well-managed. ' That's also what l heard last summer during a visit to Campus Martius, the privately-managed city park in the heart effective management and programming. yoga, tai chi, ice skating, of downEovtm Detroit.` Bob . - Gregory, Director of the Vv Mintz fully agrees: "Bryant Park is a per- and so on. Let's not forget � I N a Detroit 300 Conservancy, fect example. The key to its success is in the public restrooms, ' the nonprofit that manages how it is managed. This, of course, which are immaculate in - + i" the park, told me: "The includes maintenance, but above all their appearance. And also business community, in cel- means programming." the perennial gardens, ebration of Detroit's 300th As Mintz explains, what makes which are a feature unto birthday, wanted it leave a Bryant Park so popular is that it is filled themselves.' _ `legacy gift' to the City, in with uses that appeal to the public: Not surprisingly, these the form of this new open "There is the Reading Room, ping pong, all cost money. For Mintz, space. As the City didn't chess, carousel, p@tanque, player piano, any successful revitaliza- have the financial resources, 7-- �-�� T- this was the only way Campus Martius could be built and maintained." The r Sit: &i model Detroit drew on-Bryant Park. -. r a . If " One can argue that the operation and f - 4 maintenance of downtown parks is a tra- ditional municipal function. But non- profit park conservancies and B1Ds are proving their effectiveness in managing these parks and open spaces. The end - result: healthier parks that help attract - new businesses into the heart of our cities; increased property values and tax _ T _ �` y revenues;and open spaces valued by res- idents, office workers, and visitors from 3 For a history of Bryant Park and the Bryant Park tion project,whether for a city or a park, near and far. Not a bad outcome. Corporation's role see:www.bryantpark org.Informa- requires "having the financial resources uon about the park's revenues and expenses is avaJ- Wayne Senville is Editor of :', t to hire enough staff.', For the BPC that �.: able in the BPC's Financial Statement,also online. the Planning Commissioners 4 From an op-ed by Biederman in the New Yorh Daily means awell-trained staff of SO to pro- journal. His most recent arti- r � News("N.Y.parksean savethemse lves'March29,2010). vide security, sanitation, and mainte- cIes far the PCJ were "Deal- 511 nance services. ing With Contentious Public - Are publicly-owned, but privately- Hearings" to PCJ#77 and 6 For my full report see "Campus Martius Park in Downtown Detroit"at, www cireletheusa.com managed, parks and open space the "Libraries at the Heart of Our (June 9,2009). direction we're heading? For a growing Communities"in PCJ 975. e PLANNING COMMISSIONERS JOURNAL / NUMBFR 79 / SUMMER 2410 I • The Wise Economy 'Understands not just what is community's new captains going on in the larger world,but need a variety of tools to grow the unique role that it can play a new economy. They need by Della Ruche;,AICP,CEcD to create a Wise Economy-an in that world. safe and clean places,space to Editors Note:were excerpting economy that makes the right Despite my own mostly brown work on their opportunities, below from a series of blog post- decisions not just for today,but thumb,there is a horticulture places to experience being part ings by planner Della Rucker for the future. Here is what a thread that I think lends some of the community.And they about what she calls "the Wise Wise Economy does: valuable insights.Many of the need encouragement-they Economy."I encourage you follow •Looks constantly for new communities I deal with have need to know that it can her blog at:http://dellarucher. opportunities-and particularly been left with exhausted eco- happen,and that[heir invest- wordpress.coml and participate in seeks the unexpected ones. nomic soil-the products we are ment will pay off, the conversation. • Embraces its differentiators used to making,the ways that _ �- and values its assets,under- we have been used to extracting Last week 1 I have spent standing that differentiation them-are wom out.We are left Nov. 22nd wrote that a Nov. 16th most of my leads to value and away from the to deal with the leftovers,what 2009 Wise Economy 2009 adult life chase to the bottom ... economists call"externalities."... 27 looks constantly r thinking about • Begins with the end firmly But leftovers can also become for new opportunities-and in mind and sticks to a shared fertilizer.The big question is, how to deal with the impacts � particularly seeks the that economic change has on plan of action. what new opportunities exist g unexpected ones. the health and quality of life •Understands that the life of a because of our assets?How can This idea probably comes of communities.I firmly elieve community is a marathon not a what we thought was waste fer- y sprint(but celebrates winning tilize new opportunities? from my father.My father was that economic change is inev- p g pp a consummate junk-picker... itable,but I also believe that the stages as well). ... The kind of growth that we •Bewares one-shot solutions are seeking won't just drop from a child the Depression,he change Creates opportunities, Bever failed to see the potential usually t the same time as and magic pills. the sky-even if it takes the y •Maintains bravery in the face form of a casino,a streetscape,a m what appears[o his jaded it takes away what we knew 70s children as junk.Some of before. of setbacks. convention center,or the typical • Grows by cultivating its incentive-based city program. ., him clearest memories are of Of course, that doesn't mean hm in his basement workshop, it's easy.As a Cleveland native, native species,rather than Their impacts will only last as investing everything it has in long as the casino has a monop- showing me same new collec- I had an early front-row seat at tion of brass castings or pain[ the spectacle of the implosion of transplanting something exotic, oly,the streetscape looks clean finicky and not interested in the and new,or the little piece of the can lids,As he described his the 20th century industrial economy,and I can tell you first community's differentiators, economy that we're depending plans for the incredible creation •Supports a healthy local gov- on is holding strong.When that he would make out of them,he hand about the pain and hard- ship that causes.But I don't ernment that can provide the fails,the.benefit of that one-shot would pull himself up a little high quality public goods and solution fades,and we are once taller,raise the hand with the believe that there is any point in thing trying to turn back the clock to services that the community again faced with the search for t g to it and declare,"I see some magical Time Before.Not needs• opportunities. usability..." only is it impossible,but that "�^ ,,. A Wise Economy grows from Time Before wasn't too great for A o� ii the investment and the dedica °' at least some people,either. tion of the people of the com- ^ F munit These aren't the .. Most of our communities �� � .-,;,� y aren't naturally inclined to han- "'�^ q Captains of Industry of decades ME + .... ago-these are the people who } the [change] any better than �'��. � g P p many of our residents are,but `a have the will,the audacity,to , both job hunters and thoughtful roll up their sleeves and make it happen,These are small retail- {+ s community leaders know that if pp _�•: we don't find a way,we won't ers,franchisees,established succeed. industries,creative thinkers 1 have been moving away and technological innovators .;i .,. who are willing to take the risk from using the term"Sustain- g Y . ' '= "" - able Economic Development" �� � � willing to buck the old con- because of the potential for con- yy ;`'ats ventional wisdom-and make fusion with the economics of ,,,. ;. something new green construction, ... What I Just like you don't farm with am really talking about is how bare hands alone,however,the ' PLANNING COMMISSIONERS 30URNAL / NUMBER 79 / SUMMER 2010 Many of our communities only store that carries the way etc.But it's the unique elements if the big gorilla goes away. have been treated pretty much cool thingamabob, then you not -the ones that make your com- A diversified economic base as castofls for much of the last only win the sale,but you don't munity different,the ones that also allows opportunities for 50+years.That's probably noth- have to charge the rock-bottom cannot be replicated by someone upward mobility-for people ing new to anyone reading this- price, right? else-that will make you more to be able to move from lower- planners espouse a lot of It's the same with our commu- valuable to someone than any paying service positions into rhetoric about infill develop- nities.If we regard them-and incentive you can offer. more lucrative opportunities rrient and preventing sprawl, promote them-as commodi- ..A couple of important without taking their experience historic preservationists have ties,then the only way that we words of warning,though.First, and their investment out of the Laken to talking about the attract new businesses or people what is unique and valuable to community. embodied energy inherent in (or keep the people and busi- one person is a white elephant A Wise Economy community buildings. Clearly we under- nesses that have the wherewith- to another. if you establish your- changes over time. ... Most cities stand to at least some degree al to go elsewhere)is if we make self as something unique,you today started out doing some- that places that some might see ourselves the lowest-price become like a gourmet cheese- thing other than what they are as castoffs do have value. option. ... people will either pay more for known for today--New Berlin, But a lot of the arguments Think about it-If my sales your one-of-a-kind taste and Wisconsin made leather goods, from preservationists and plan- pitch is that"we are within 600 texture,or they will drop you Wapakoneta,Ohio was known ners approach the issue from miles of 75%of the United back on the shelf when they get for its butter churns take a this point of view:"you should States,"and hundreds of other a whiff of you. ... Second,fake look at the history of your com- do this because if you don't, communities can make the same uniqueness will hurt you worse munity,and you will see that you you're doing something bad." claim,then what reason does in the long run than being a were probably once known for Planners point to the costs of any business have to come to commodity.Third,beware of making or doing something that new roads demanded by new my community-unless 1 am One-Shot solutions.Your com- does not exist anymore. exurban residents,or loss of munity has many aspects that That's OK-we all know that the cheapest?And when I am no Iles,and that prime farmland,or some such longer the cheapest,what reason make it unique,and it is that businesses have cycles, very valid concern,and preser- J entire package,not just one products like whips and butter do they have to stay? p g vationists will bemoan the loss When it comes to creating a Claim to Fame,that will help churns aren't needed any- of heritage, the impact on you create a Wise Economy. more.But here's the ticket: Wise Economy,our communi- the urban fabric.All very true ties'ability to succeed long-term comments. instead of fighting to keep the ft So what, based whip factory in business,or depends on our ability to capi- throwing none at them to stay But I don't think that"do-it- talize on and communicate Jan. 4th on my 20 years' g Y Y or-else"is a truly effective way 2010 experience a couple more years,these com- munities moved o to something to change how we as a culture community unique.There are working with n g view our existing resources. ... small communities of all stripes else,re-purposing the factories, a lot of elements of any commu- p What if we changed the discus- nity that are rice but numbingly and across the country,does the sites,the people,to other sion?What if we chose to common-"we have a great a Wise Economy community types of businesses.The under- emphasize,not the things that " like: lying assets allowed them to work ethic,""we have rail service," to h i l d a new roe n the re n's or are lacking,but the opportuni- A Wise Economy community fin g ties that are embedded? ... exhibits sustainable long-teen world's economies. Change is W positive growth rates. ... The part of how economies hap A lot of times 'n """ definition of success isn't one pen.A Wise Economy communi- ty two ears of double-digit ty knows that,and manages its Dec. 2nd its easy to see L-. y 1009 our communities increase in building starts or change proactively. ... as commodities, r� ' D,1. population. ... A Wise Economy Della Rucher,AICP CEcD,is Senior r community at that Planner National Lead for like the plastic toys on a shelf in y g tows a p ace anner an Leaf a big store. If 1 can get the same -�t'- allows it to keep all its systems Economic Development in the , thingamabob at Big Box A vs. in balance--from services to Cincinnati,Ohio,office of Jacobs ' residents to roadway capact- Urban Design+Planning.She has a Big Box B,then 1 will probably qW w ty. Growth for the sake of diverse range of experience in urban buy it where it's cheapest.That's lung STORE % growth can often cost more planning,economic development, the general retail Race to the than it was worth. and downtown revitalization Bottom-if there is nothing that A Wise Economy community -and holds professional makes your store different other maintains a diversified economic certifications in both planning and than price,then you will win t base. Its not overly dependent economic development. or lose based on how cheap on any one sector or industry, I or mare about Rucker. you are. ... But if you are the ` " - - and it doesn't face risk of collapse wwwlinhedin com/m/dellarucher, PLANNING COMMISSIONERS JOURNAL / NUMBER 79 / SUMMER 2010 I.. PLANNING -01111* LOCAL ECONOMIES Integrating Physical, Economic,, & Fiscal Considerations in Community Planning 4Dmmunities across the coun- by Brett 5hechler and Brian Murphy strategies being pursued in another. try are facing daunting challenges, For example, we recently worked grappling with fundamental issues ty having a holistic vision of what success with a city whose economic development of economic competitiveness and fiscal really looks like,and an integrated strate- strategy hinged on an aggressive plan to sustainability: gy to achieve it, revitalize its historic downtown and • How do we preserve our community's _ adjacent waterfront. The aim was to economic strength in a competitive land- �� � 14-�, . � , transform the downtown into an urban node of housing, retail, and other com- scape? • How do we ensure that local govern- ` mercial uses. The city had done many of the right ments can continue to provide the founda- tional services like public safety and r1'F�llaf t,,`, 61 things, but the crucial missing element ` was attracting multifamily development infrastructure that allow our communities t dal k 1`xc .' -k to succeed? �; `le} f) fbf, f ;" to the area in and around downtown. Cities, towns, and counties develop One reason: the city's land use regula- policies by envisioning what they want tions— driven by the city's comprehen- to look like in the future. Typically, these --"- �- "— sive plan—had created a vast oversupply visioning processes concentrate on the How is This Different From What of land zoned for multifamily elsewhere physical environment— including man- Communities Do Today? in the community. As long as developers made and natural features. What local had plentiful (and low-cost) opportuni- To one degree or another, most juris- ties to develop multifamily across the planning processes often fail to do, how- dictions already ave l in l ever, is strategically address the other y p ans p ace to city, the community was less likely to two realms that are crucial to success — address each of the three realms. They succeed in concentrating its (modest) our economic and fiscal environments. have a plan for their physical environ- multifamily demand downtown. In reality, the success of our commu- ment; they have a strategy for economic Another instance of confounding nities relies on all three realms: (1) mak- development;and, in one form or anoth- effects can be seen when a component of ing the most of our physical environment; er,key policy makers have a fiscal strate- fiscal strategy undermines the communi- (2) ensuring economic competitiveness; gy to make ends meet. The problem ty's broader efforts. One example:a small and (3)promoting fiscal sustainability., virtually every community faces is that city needs to attract more households to These three realms are the underpin- these plans are often developed separate- allow a retail base to emerge,yet is charg- nings that make our cities, towns, and ly, and fail to adequately address the ing high permit and impact fees that dis- counties strong, and they are deeply interconnectedness of the physical, eco- courage residential development. intertwined. Each realm influences the nomic,and fiscal realms. The confounding effect, here, stems others in multiple and multifaceted In most every community we work, from the disconnect between the city's ways. In the end, our communities can- we see two common shortcomings: fiscal plan and its economic development. not succeed in any one realm if they fail 1. Confounding effects among dis- plan. Based on a too-narrow and erro- to succeed in the other two. parate plans;and neous understanding of their position, Because of the complex interconnec- 2. Community visions for the future the city believed that new housing was a tions, true success hinges on a communi- that fail to meaningfully consider all fiscal loser for the city; hence, it levied three realms that underpin success. high fees on development. At the same 1 A fiscally sustainable government,in our view,has In the most benign instances, con- time, the city's economic development three defining attributes: (1)it is in a position to founding effects take the form of an ele- strategy highlighted the need for more ensure continuity of service over the long term,in ment of one plan that does less than it housing to get to a critical mass of sup- good times and bad,(2) it provides citizens with an attractive"bargain,-offering both current and poten- could to support a strategy outlined in port for retail development. ital residents an appealing combination of services another. Less benign,and uncomfortably If its planning efforts were better inte- and tax burdens,and(3)it holds the confidence of its common, are instances where the strate- grated,elected officials and others would constituency,allowing public officials to engage with citizens on an ongoing basis about the balance gies set out in one plan contradict and have noted the disconnect—and it would between taxes and setvic". undermine — often unintentionally — have forced them to think more deeply PLANNING COMMISSIONERS JOURNAL / NUMBER 79 / SUMMER 2010 about their belief that housing was a of costs and revenues. And how can fiscal policies either bolster fiscal loser. Since such a planning initiative is or impede the community's physical or The effect of the second common broad in scope, it would likely be initiat- economic efforts? shortcoming - community visions that ed by the local governing body. 3. An investigation of available tools, fail to meaningfully consider the physi- In practical terms, the first phase of What tools are available to proactively cal,economic,and fiscal realms-is often the process should be focused on assess- monitor and strategically manage rev- more subtle, but in many ways even merits that address each of the three enue streams and cost components? For more damaging. For example, it is easy realms. The second phase can focus on example, how can a city strategically dis- for community members to look at pic- identifying tools and options - again, tinguish stable revenue streams from tures of vibrant downtowns, extensive addressing all three realms. The third one-time or potentially at-risk revenues? playfields, and other public and private phase would articulate how the three ele- 4. An examination of potential strate- amenities and say, "We want that. Let's ments will work to support one another gies for putting those tools to work to put that in our plan." However,by failing to achieve agreed-upon goals. bolster fiscal sustainability. How can to develop an integrated plan for success A physical strategy requires cata- local government put in place cost and in the three core realms, the community loging the community's physical assets revenue management strategies that may be guaranteeing that it will not be in and structure, identifying existing and reflect constituent perspectives- ensur- a position to get "that." emerging needs,and determining what is ing that it builds public confidence by A much more effective vision would both desired and possible given the operating in an efficient and cost-effec- identify how we want our communities needs and constraints that emerge when Live manner. to look and feel, while at the saute time considering the economic and fiscal Planning Commissioners Have a Role developing an integrated, realistic strate- realms. gy for ensuring success. This includes Many of the policies, strategies, and acknowledging the role that hard trade- An economic strategy requires a actions reflected in the comprehensive offs (and our individual contributions_ broad market assessment, offering the plan both influence and are influenced community a picture of the surrounding by community-wide goals and strategies including the taxes we pay) play in economic landscape and an understand- for economic and Fiscal success. It is achieving the success we envision. ing of where their community sits in that important that these considerations are So How Do We Do It? landscape. What are its competitive "on the table" while the plan is being In this section, we want to provide a advantages?What are its competitive dis- developed, and that planning commis- framework of the kind of planning advantages? What are its true opportuni- sioners ask hard questions about the process we are advocating. One caveat: ties and threats? And what are the linkages between plan recommendations for purposes of this short article we nec- potential ingredients for success (reeog- and their city or county's fiscal and eeo- essarily have to condense our description nizing the needs and opportunities intro- nomic strategies? of what is a complex and interactive duced by the physical and fiscal realms)? By posing questions, a commissioner process. The key point, however, is that A fiscal strategy includes four com- can shine a light on the importance of a when a local government engages in ponents: holistic perspective, and in short order, long-range planning it needs to develop a 1. A robust analysis of revenue and become an advocate for developing an vision and strategy that look at physical, cost trends.2 integrated community vision and plan economic, and fiscal elements in a bolis- 2. An assessment of how actions in for achieving it. tic way,with integration built in from the the physical and economic realms influ- ve beginning of the process: Brett Sheckle.is an econo- rY g g P ence the community's fiscal position mist with expertise in - 1. Physical Strategy: Outlining how (and vice-versa). How do actions con- the community ill shape, and leverage, finance, governance, and Y P g templated in the comprehensive plan or strategic planning. He has the community's physical environment; !tit tT' P Y in pursuit of economic competitiveness worked with local,state,and �- 2. Economic Strategy: Recognizing influence government's fiscal position? federal governments for more t the community's position in the broader than a decade, and recently economic landscape and specifying how 2 Some may read"robust'as a throwaway term,but founded Integrated Fconom- the community will act to bolster that our experience has shown us that too many cities furl acs in Seattle,Washington. position;and to learn as much as they need to about their revenues and costs.For example,when we ask a city to analyze Brian Murphy is a senior pol- 3. Fiscal Strategy: Describing how , its sales tax revenue streams,the reply we often get is, icy analyst, strategic and the local government will pursue its "we ahead did that°Then we ask,"Well,do you y Y business planner, and Jacili- charge of serving as the agent of con- know how much of your construction sales tax is tator at Berk &Associates, StlltleRCS— hOW i[ WI]1 balance tax hut- coming from new construction and how much is coming from tenant improvements,renovations,and also in Seattle He leads the dens and the delivery of foundational remodels?"And the answer,again too often,is,"No, firm's Strategic Planning and public services through its management we don't have a clue" Facilitation practice. PLANNING COMMISSIONERS JOURNAL / NUMBER 79 / SUMMER 20 ? 0 PLANNING *11110LOCAL ECONOMIES Getting Started ®n a Local Economic Plan by Gwendolyn HaIlsmith f you're like most communi- nesses for Social Responsibility or BALLE owned businesses and organizations gen- ties across the country, develop- (Businesses Allied for Local Living erally keep the money they are making in ment pressures have not been the Economies)? the local economy.This increases the mul- top concern of the local planning commis- Do you or any of the groups involved tiplier effect—the amount of new econom- sion for the past year or two.While zoning have staff who might be able to provide is activity that results from local spending, revisions and other land use changes are information and collect data to support Larger corporations that send their profits moving forward, it's hard to escape a feel- your planning efforts? A combination of out of town have a much lower local eco- ing of helplessness in the face of job loss- objective data and stakeholder interviews nomic impact. es,plant closings,and investment failures. provides a good foundation for the plan. 3. What makes up your "critical need" What role can a planning commission economy? Where does the food, water, play in jump-starting the local economy? energy, and other important goods and There has to be snore to it than simply services—things people can't live without identifying land for industrial parks that — come from? How much is produced never materialize. �' locally,and how much is imported? Hall the battle is recognizing that col- ' ' 4. What skills and characteristics does i.!.i.i ' 'r our workforce have, and what are the lective action is possible. We are not help- Y f Y less in the face of economic hard times — missing? Do you have pockets of unem- there are proven strategies to put people ployment in certain sectors?What are the back to work,create new markets for local needs of any under-resourced sectors of products,and build new businesses. All businesses and economic organiza- the economy for training and develop- Where to begin? If you're a local plan- tions are not created equal. Some bring ment? Do people have entrepreneurial ning commissioner, the first step is to ask income and wealth into the local econo- skills and the resources needed to start questions about the appropriate role for my, some recycle income that is already new ventures? the planning commission in economic there, and some siphon off income and The answers to these questions can development planning. In Vermont, for capital to other places. help identify potential stakeholders and example, the state statute describing the Businesses are not the only organiza- the critical sectors of the community that purpose and goals for planning commis- tions to consider. Local nonprofit organi- need to be involved in an economic plan. sions directs them to "provide a strong zations, schools, government, and people Whether you bring stakeholders together and diverse economy that provides satisfy- who are working from their homes often on a permanent or temporary basis,you ing and rewarding job opportunities and have a much larger role in the economy should make it clear to them that they are that maintains high environmental scan- than you might think. embarking on a project that will take a dards, and to expand economic opportu- Some key questions to ask about the minimum of eighteen months to two years nities in areas with high unemployment or organizations and businesses in your com- to complete. low per capita incomes." nutnity are: Stay tuned, in the next issue we'll dis- Most states charge local planning com- I. Does the economic entity sell products cuss how to build the economic plan's missions with the responsibility for com- or services to people outside the local com- foundation by creating an "asset map" of prehensive plans. Yet even with enabling munity? In addition to the businesses that the community. legislation, there are other entities with export, this can include: local colleges; responsibility in this area. Find out what public schools that charge tuition to stu- Gwendolyn Ha smit� is �------- plans are already in place, and identify dents from other towns;nonprofit organi- Director of PIanning & Community Development where the gaps might be. zanons receiving grant Funding from state for the City of Montpelier, Any planning effort needs to involve and federal government;and popular local Vermont, and was the - M key ectors of the local economy,and gain restaurants or entertainment venues that ` - Y Y g founder of Global Commu- their support. Creating a list of the key attract tourist dollars and people from nity Initiatives,a non-prof- economic players is a good place to start. other areas. it that supports municipal Do you have a Chamber of Commerce? 2° Who owns the economic entity, and sustainable development A Rotary Club? A local chapter of Busi- where does the surplus or profit go?Locally- initiatives. PLANNING COMMISSIONERS JOURNAL / NUMBER 79 1 SUMMER 2010 PLANNING *,,,,,* LOCAL ECONOMIES Education and Economic Development by Jack McCall Editor's Introduction: J ach - f -rte The involvement of the corn- articles for the Planning Commis-McCall wrote a series of six short munity can be most effective at =° the point of policy development. � �- sioners Journal in the late 1990s on TO( S11�� `Ce eR 4llGN Some communities provide "part- economic development and commu- IR VMW MY wCv?�++ nership programs" which involve nities. McCall, who was born dur- A�T� TOUR students visiting local businesses ing a dust storm in Salina, Kansas Ur and business people visiting class- in 1932, remained true to his Mid- K006ARS rooms. While these programs western roots until his death in i,� t9 GMAM. �Ab M have value, they will fall short if 2007. He served as a minister, a G EMNO MAW! they represent the only effort for community organizer, and later as a integrating the community into community development specialist " p1In r, NEW t3v5iS the educational process. with the University of Missouri in '� An essential first step is to Chillicothe. McCall was nationally ` develop a broader strategy for recognized for his work with farm iff �� families. haw our schools can help educate - students so that they can meet the We are reprinting one of Jach iVif, ff 1 t1 needs of today's businesses. To McCall's PCJ articles below as it rf� l�/� help articulate this, the education- provides a valuable supplement to �--� �� V/ al establishment must draw on the what you'll be reading elsewhere in m� /rwww ardnertoon.tom / intelligence and ideas of people this issue. We're also making all of McCall% "121B." Workers now stand shoulder to involved in local economic development PCJ articles available as a complimentary shoulder with robots; the keyboard is and in successful businesses. download:wwwplanneisweb.com/niccall.pdf. replacing the wrench; and the computer A growing number of cities and -v-ality education is critical to is commonplace. towns have established community advi- a community's economic well- Indeed, many large businesses are sory committees including a broad spec- providing remedial education for their trum of interests. Such a committee does being. Businesses (especially employees. Unable to find the quality of not replace any of the legal functions of those thriving in today's information worker their businesses demand, they the local school board,but adds insights age) look for communities where they need to create a workforce meeting their to the board's work and a sense of the can find a high caliber work force. needs investment the community must make in The bottom line: quality education is People in business, people who want order to produce a workforce capable of important to cities and towns as they to recruit or develop new businesses,and meeting the needs of the future. seek to attract, retain, and develop busi- people interested in the future of their Almost every community believes it nesses. communities - including members of has "the best schools in the state." It's Sometimes we act as though the local planning boards and commissions- time for us to put aside our community money we spend for schools is a burden have a huge stake in the outcome of the pride and take a long hard look at the keeping our communities from prosper- educational process. Too often we have quality of the students we are graduating, ing. In some places, local officials seem considered schools as the exclusive and the work force we are producing. to think they're better off sacrificing edu- province of the school board and of inter- cational dollars in order to provide tax est just to students and their parents. We ThelateJack McCall spent _ incentives to induce businesses to move all must be involved. Schools belong to 2e Years as a community y to their city r town. In fact, education development specialist. He Y the community. It takes the whole com- was the author of The expenditures can be a community's best munity to ensure that the product is of Small Town Survival investment in the future. high quality. Most education profession- Guide: Help for Chang- ' t In the "good old days," a worker was als welcome community support and tng the Economic Future seldom asked to think logically beyond understanding. Education is too impor- of Your Town, pushing button "A" after bolting on part tant to be ignored. PLANNING COMMISSIONERS JOURNAL / NUMBER 79 1 SUMMER 2010 PLANNING 0nu*LOCAL ECONOMIES Dollars and Sense+ WHAT ARE THE or most of you, zoning regu- ECONOMIC IMPACTS OF actions that may have a negative one. lations for your community were YOUR REGULATIONS? The regulations impose costs on individ- already in place when you be- by Carolyn Braun,AICP uals because they limit options. But they also may confer shared benefits resulting came a planning commissioner. Over in increased property values because time, you've become more and more residential development is likely to be those who are regulated benefit from the familiar with them. At any point,howev- higher in an area that is zoned exclusive- restrictions that are placed on others. er,have you thought about or questioned ly for single-family residential than in a One example: environmental regula- their purpose and economic impacts? district that also allows a variety of other tions may limit development near wet- This article isn't intended to provide uses. Indeed,protecting residential prop- lands. This can have the effect of both you with the "correct" answer in design- erty values has long been a purpose of enhancing the appeal of an area and lim- ing the best regulations. Instead, it is iting the supply of developable land. The meant to give you pause to think.Should outcome may cause land prices in the you wish to get deeper into economic or area to rise. financial analysis, there are many techni- WHAT To Do? ca]studies readily available. There is no doubt that regulations can IMPACT ON THE MARKET impact the financial well-being of your Regulations are developed and adopt- u community. If you are seeing signs of dis- ed for a varier of reasons often for the investment or the lack of new invest- general -- ment, it may be time to review your general public good, sometimes primari- -- regulations to see if changes are needed. ly to meet the interests of a segment of Consider having conversations with the population. One of the "selling zoning. points" of zoning has long been that it In some cases,land not subject to reg- developers and realtors about the current ulations may see an increase in value market. They can give you a very good can enhance property values cammuni- y idea of what may happen in the market— ty-wide. Yet, whatever the reasons for it, because of the scarcity effect. For exam- at least in the short term. the regulation of land use does constrain ple, in parts of the country some rural areas adjacent to cities still have no zon- There is also always the question of market interactions and individual prop- � balance—do you have a sustainable mix ert rights. As such, there are costs asso- ing and very limited land use regulation y g {often just subdivision controls). This of residential, commercial, industrial, dated with regulation. � institutional,and open space uses? As we know, for example,zoning reg- essentially unregulated Iand may see an In the end, it is up to you to deter- ulations limit choices of where we live, increase in value because the supply of regulated land in the city does not allow mine how land use regulations can best the kinds of houses that may be available for certain uses, or provides very limited help you achieve your community goals to buy in various neighborhoods, where and promote your businesses can locate, and even how areas where they are permitted. desired character. businesses can promote themselves 2.Amenity Effects of Regulations through signage. These are all reasons Amenity effects include regulations Carolyn Braun, AICP, is �t Planning Director for the why communities need to think long and that protect environmental quality, open City of Anol:a, Minnesota, hard about the desired effects—and pos- space, groundwater quality, agricultural and past President of the sible side effects—of their regulations. land, and land or property of historical Minnesota Chapter of the 1. Scarcity Effects of Regulations significance. Regulations that address APA. - nuisance issues such as noise, conges- Land use regulations may affect mar- tion, or pollution, also can provide an Editor's Note:I hope that Carolyn Braun's perspec- ket prices, in particular when a regula tives get you thinking.Obviously,given space con- amenity effect. straints, she�s condensing topic. We're tion limits the types of uses that are g a complex P p These types of regulations are intend- also posting her article on our Planners Web site, allowed in a zoning district. For exam- ed to require actions that create a p g ple, the value of land for single-family q along with a list of resources,and encourage you to perceived positive effect — or limit offer your thoughts Go to:wwwplanner.iweb.coni /d011aTS-and-sense.html. PLANNING COMMISSIONERS JOURNAL / NUMBER 79 / SUMMER 2010 PLANNING PERSPECTIVES curie Responsibility by Ric Stephens O ne time ago 1 was on a plan- continue to say so. If there were more restrictions. It's not unusual for a city to ning commission that was re- emphasis on civic responsibility that have more than one hundred separate viewing an application to extend included aesthetics, 1 believe we would zoning districts listing which uses can or business hours for a small coffee shop. have a more attractive and livable built cannot be put there. The commission discussed the variations environment Somehow European cities Fortunately, however, the tide seems in weekday needs and impacts, on-site have beautiful, narrow, cobblestone to have turned as more communities are employees for preparation and closing, streets despite their "incompatibility" recognizing the benefits of mixed-use and a myriad of other factors resulting in with high-heels, trash trucks, and a host development, and setting performance a complex table of daily opening and of public works issues. Somehow Asian standards to address potential adverse closing times. cities have vibrant, outdoor commerce impacts. This small business was located adja- with neighborhood support,not wrath. The Enforcers:Don't ash; don't tell. cent to a residential development, and Of course this is a generalization,but p m "Eurasian Envy"is strongly related to I have over three decades' experience y san there were potential noise and glare as a planning consultant, public official, impacts from traffic and the outside seat- ''What can be achieved with more empha- and educator. After all this time, 1 still ing area. The applicant desired to be a sis on civic responsibility. read many codes that I do not fully good neighbor and was willing to miti- understand and am certain, if under- gate these with a variety of efforts includ- stood, could not be implemented or ing "self-policing." As the commission enforced. I cannot imagine, for example, pointed out, its decision could not be a public works official or police officer based on the current owner's behavior ��� studying and monitoring zoning restric- because the property could be sold to tions on the hours of operation for a sin- another, less civic-minded, individual or � gle small business ... which brings us business. back to the case of the coffee shop I Can and should we try to regulate��D described at the start of this column. everything for the widest range of possi- The commission voted 4-2 to deny its ble adverse impacts? request for expanded open times. 1 am not so naive as to advocate Litigious Nation: There is no such thing as Although I was in the minority, 1 fully replacing development codes with the understand my fellow commissioners' "golden rule."But rather than try to pro- a bullet-proof code. concern for the protection of adjacent scribe every aspect of human behavior, There clever was, nor ever will be, an homeowner rights and values. They are ordinance so elegantly written that it wouldn't it be more meaningful to pro- cannot be legally contested Is th deeply-committed, altruistic volunteers . ere a mote civic responsibility. with a high level of civic responsibility. correlation between regulation and liti- The Pygmalion Effect: People behave gation? The search for never-ending I do not have the answer for this exactly as we expect them to. specificity has resulted in ordinances that dilemma of proscriptive regulation vs. The Pygmalion Effect occurs when are more like secret codes than develop- civic responsibility, but we may be better people behave in a manner that reflects ment codes, communities if we find ways of focusing how the are treated. For example, if we more on responsible citizenry and less on y p Command Performance:Performance view the public as though they must be speaks louder than proscription. complex codes. regulated to the nth degree, they will Ric Stephens is a Senior likely behave in a manner that meets that Proscriptive zoning originated in early in the 20th century when conflict- project Manager at Cogan expectation. But if you see the best in Owens Cogan in Portland, the will often exceed your ing land uses needed to be segregated Oregon. He is currently people, y from each other— in large part because expectations. Vice-Chair of the Beaver- _ we did not have the technology to miti- ton Planning Commission, Eurasian Envy:Zoning never created an gate many of their adverse impacts. Yet ? extraordinary plate. p and previously served today, when impacts can often be miti- on local planning commis- I have said this many times and will gated, we have, if anything, far more sions in California. PLANNING COMMISSIONERS JOURNAL / NUMBER 79 / SUMM ER 2010 THE PLANNING COMMISSION AT WORK Smoothing the Rockcy Road by Jim Segedy,Ph.D.,FAICP and Lisa Hollingsworth-Segedy,AICP n the mid-1990s,Jim served a and the standards in your zoning ordi- narrative description of the intent — terin on the Delaware/Muncie nance? details about what the district is designed Metropolitan Plan Commission In this column, we'll take a look at to achieve. There's little doubt among in Indiana. Other voting members of the three ways by which you, as a planning planning commission members, staff, commission included a landscape archi- commissioner, can smooth the rocky elected officials,and the public regarding road before you. the part each district plays in the com- tect, afarmer, a realtor, alocal business munit 's story and whether or not pro- teacher,a mail carrier, and a retired 1. Know the Story y ry p teacher. This collection of citizens Your community's comprehensive posed development or redevelopment is brought diverse backgrounds and varied plan is its story,from the beginning until a part of the tale. ears 20 into the future. It contains our If your ordinances don't clearly professional and personal interests to Y your their intent and purpose, or their appointment,but most importantly, community's history, current situation, and anticipated future changes. It tells don't mesh with your comprehensive they all had a shared concern for their p g the story of your community's vision.' It p lan, then it is time to rewrite them. community. Jim recalls that most of the cases they lays out the path you must follow to 2. Know the Boundaries considered were rather straightforward meet needs and make improvements. In this journey, how do we know and the group had little trouble reaching When every member of the planning where to turn and how fast we can drive? agreement on the content of their recom- commission knows the story, it flows Planning commissions operate within mendations.However, there were several smoothly and the path is clear. standards of practice at a number of lev- controversial development proposals els, and adhering to these standards may that were presented during Jim's term R= t help avoid some confusion and conflict. It's like having a GPS. and almost every one of these resulted in 1 First, there should be bylaws that a Split Vote. describe meeting procedures,how public No doubt your planning commission input is accepted, and other general is similar to the one on which Jim served, housekeeping matters. These bylaws with the membership representing a � t should be in compliance with your state wide diversity of interests,but all having Y. planning and zoning procedures act (or the good of the community at heart. , their equivalent), which provides the Planning commissions often struggle '� " statutory authority for planning and zon- with group dynamics in the process of --- " --' ing and may also include direction on making decisions on difficult issues, Your ordinances and maps add details how local jurisdictions conduct public such as: to the story: the what,where,and how of involvement in decision-making. • How do you, as a group, plan for your hometown.What you as a planning In addition, every state has a "sun- what types of development would be in commissioner need to know is:why?and shine law," which specifies that all deci- your hometown's best interest, and what? Why were the plan, ordinances, sion-making must be transparent and where they might most appropriately be and map drawn as they were? What was take place in publicly-advertised meet- located? the intent of various district standards ings,This is important,because planning • How do you balance the rights of and their placement on the map? commissions, even when advisory only, the individual and the common good? In each of the zoning ordinances that are still subject to open meeting laws. • What's the best answer when pro- Jim has ever been involved with devel- Because of that,there are usually prohibi- posals you're considering affect the local oping, the district standards contain a tions on planning commissioners dis- economy, traffic, natural and historic cussing pending cases prior to official resources,and quality of life? 1 Editor's Note: The Orton Family Foundation has meetings.' Will you be able to find common been doing some fascinating work involving the ground in the process of weighing the Power of stories and art in community planning. 2 For more on"ex parte"communications and other For one project:www.orton org/projects+starksboro— ethical issues,see Taking a Closer Look Ethics&the relative merits of a permit request against be sure to view the related videos by using the Muln- Planning Cornrnission (www.plannersweb.coml the goals in your comprehensive plan media tab. ethics htrnl) PLANNING COMMISSIONERS JOURNAL I NUMBER 79 / SUMMER 2010 Finally, planning commissioners are talked about earlier: R tlreat?Advance? encouraged, though not required, to fol- • Hold a retreat. 0 Retreat?Advance7 low the American Planning Association's • Take a training course together. byElalnercogan "Ethical Principles to Planning."' If you - Go out for a beer (or coffee) after a Planning "retreat"?The as a planning commissioner are not well meeting. public may consider it a boondoggle.Staff versed in these standards, find some In a more relaxed setting, you can 14°aylook atitasan opportunity finallyto training. Fortunately, this is often avail- find out why your teammates agreed to get the commissioners away from zlisstrac_ able through your state chapter of the serve on the planning commission, what Dons.Commissioners spending additional mayvimea rifitis American Planning Association. strengths the bring, what their from their di dies bush businesses. g y g� From their families and businesses. 3. Know Your Teammates understanding is of the community Why have a retreat?Many find it Now back to our stories. There's a vision. worthwhile to getaway from the ordinorf legend about two soldiers, one Union Share stories about living in the corn- routine to discuss matters you never get and one Confederate, who during the munity. Talk about the "big game," the around to:a vision or lung range plan,for Siege of Richmond,found themselves left day the tornado hit, the tractor trailer mole•some commissions hold yearly behind by their regiments and in each wreck that caused a load of cows to be retreats to orient new members and foster turned l good working relations.There ate many loose on the courthouse lawn.Big other's company. It was a bitterly cold good reasons.Just be sure you all agme winter night and their survival required and small memories help to reinforce the on why you need ortt" them to share food and a campfire. "home" in hometown, the why of your If'your state or local%penIncetine, By flickering firelight, the two strangers community. After you've shared in this law requires,you will also have to told each other about their families, way, then you can talk about how some announce yourretreat to the publicand their hometowns, memories of growing of those things relate to the plan or the the media.Having observers should not up and plans for when the war ended. ordinances. deter you from proccedingifyou have a In the light of day, they shouldered Talk about developments or projects valid reason for holding the retteat.lEven their weapons and walked in opposite you like or don't like from nearby com- if you can lawfully meet in secret,don't. directions, having found it harder to be munities. Look in the rearview mirror at You will be found OUT and suspicions the results of our decisions for the past about what you did and how much it cost enemies with someone when you know y can be darnaft to the good relations their story. year or two and whether or not they you must have with your community. So what does this story mean to us on turned out the way you expected -- and How do you measure success?It is a planning commission? You've probably how the planning commission might bRPOrtant W conclude the reu"t with airt already discovered that your fellow com- have shaped a better outcome? ' agreeel upon list of actions or next steps. missioners can either see things similarly You can safely talk about the specifics They CAD be related spedfically to work or differently depending on the story of planning development in your com- You Want to get done ina specific period being told. Many times the characters munity and not run afoul of your state's of time or tnoregenelvAy to modes of can switch roles depending on how they sunshine law as long as any specific cases conduct or bebiMor.They do not nf` d to see the story.In fact,you may have found you discuss are ones you've already heard be gtiandf`able but should be suliicient to and acted on. convince everyone that their tame was yourself looking across the table at some well spent, of the other commissioners,as Jim did in SUMMING UP: Excerpted from an article by the some titre Muncie over a decade ago, wondering, Know the story behind your plan and Published in PCJ#26(Spring 1997). "How can they say that?" ordinances. Understand the legal and To smooth the relationships on your ethical boundaries that define how the planning commission, get to know the commission functions. Be familiar with Jim Segedy is the Director of Com- folks you're working with, including any the interests of your teammates.By doing munity Planning for the Pennsyl- staff that may assist you in executing this,you can feel confident that everyone vania Environmental Council and your duties. You need to hear their sto- on the planning commission will be a co-author of The Small Town ries, and to tell yours. The very act of speaking a common language. You may planning Handbook.He is also a r sharing your story will reaffirm to listen- also find commissioners working more member of the Edge-wood Borough er and teller the truth of values, experi- effectively as a team when faced with dif- PIanning Commission and the ence,and perspective. ficult decisions. ♦ Swissvale Business Development Here are some ideas that may help Advisory Committee. you to expand your knowledge and get Lisa Hollingsworth-5egedy is to understand that illusive "why" We 4 Consider a group tour of projects approved in prior years to see if they came out as the commission Associate Director for River — expected,or if there are lessons to be teamed.For an Restoration for Amencan Rivers' Alestern Pennsyl- 3 Currently available at www planning.mglethicst example,see"Commissioners on Tour"in PCJ#61 vania Field Office,and a former Planning Director ethicalprincrples.lttm (Winter 2006),p. 19. for a Regional Planning Commission near Atlanta. 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'' .I boslaesses acct land uses. --- - 1 Linkedin and Twitter. �. g.r.r�.eee to torn emalYf.a �,Linked w [k' rna*..WN helprut posting continues on next page C1 > tJl a CP ru A PC] REPRINT COLLECTION ° 0, � m � ro sic Planniqq Tools .t r 0 i M 4 3 �-.. LA e .• j 1 r q 3 ` 3 _ ...F C Z C ee+ �. FD 1 I Zontnv is mereyty°a raw. It can be used construttweiY as a pag)dva force for comma ty goad or it can ac mi a god. .,. it works be5t kvbon it i5 fused on a YlVorT w I and crags* 4kV to the eomrp,rehansova on. - Edward t?, I + h:r� Wt nn, I'mm 'Whaes So Bad About ieAing7' r I This reprint c0action reviews the purposes and hi9ttlr],' of znning, and describes sate of the tools M and techniques ltlonne=rs and plartrift ry► .. 0 i Mrnmissimer5 ease" lu I M # Zoning Em; An overview of the purposes In x i and structure of=ning ordinances, and an Introduction to the players in the planning C Ila Comprehensive Planrring &CapKal ImpmVernent Programs: Cornmis.Ooners have a I I brag-torrn irnpact on their cornmuNtles by providing a strung planning foundation - and a j strategy to pay tar It. d Sank Traub of the planning Trade., C Under Wand the language of developers, aM n review techniques and strategies for esgagknq the public and potential grantors. IL ju - ORDER FORM ON REVERSE SIDE -"_