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Plan Council Packet 2010 10-28-10 00 C1�o United City of Yorkville 800 Game Farm Road Esr. -� 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 xene.,1 ceuny ALE PLAN COUNCIL AGENDA Thursday, October 28, 2010 4:00 a.m. City Conference Room 8.45 a.m. Staff meeting 1. Minutes for approval June 24, 2010 2. PC 2010-12 Christofferson, Schwarz- Lots 1-3 Van Emmon PUD Amend. Rezoning Request 3. PC 2010-13 Ultimate Sports Bar, Inc.— 1447 Cannonball Trail Text Amendment 4. PC 2010-14 Ultimate Sports Bar, Inc.— 1447 Cannonball Trail Special Use Adjournment Plan Council June 24, 2010 Attendees: Joe Wywrot, City Engineer Krysti J. Barksdale-Noble, Dir. Of Comm. Development Bart Olson, City Administrator Guests: None The meeting was called to order at 9:00 am by Krysti J. Barksdale-Noble. No meeting minutes were provided or approved. PC 2010-08 U.S. Cellular Cell Tower- Special Use No Petitioner was present at this meeting. Krysti Barksdale-Noble informed those present that U.S. Cellular is seeking Special Use approval for a new telecommunications tower on a ±1.89-acre property located at the northeast corner of US 34 and Eldamain Road. U.S. Cellular will be leasing a portion of the land currently operating as a vehicle repair facility and zoned B-3. The plans have also been provided to the City of Plano and Kendall County Division of Transportation for comments. The Petitioner will also be seeking a height variance from the ZBA to allow a 194' tall cell tower rather than the maximum 100" tall flower. The ZBA public hearing is scheduled for July 7, 2010. Ms. Noble reviewed the requirements for Telecommunication Tower's as part of the Special Use process and stated that the main concerns would be the tower setback from Eldamain Road and the equipment shelter rear yard setback. Currently the tower is setback 499' from Eldamain Road but requires a 500' setback. The equipment shelter is required to maintain a minimum rear yard setback of 20 feet; however it is currently at approximately 13 feet from the rear property line. Landscaping should also be addressed. Joe Wywrot reviewed his comments and would Iike an Engineer's Estimate of Cost (EEOC) once plans are approved to determine bonds and fees. There was also a comment about the proposed access driveway apron and design, as well as a requirement for a separate erosion/sediment control plan. Mr. Wywrot also concurred with Ms. Noble with regards to have the City of Plano and Kendall County review the plans for the proposed telecommunications tower. Ms. Noble will compile all review comments and provide them to the Petitioner. The matter will move forward to the Plan Commission meeting scheduled for July 14, 2010. The meeting was adjourned at 9:25 AM. Minutes submitted by Krysti I Barksdale-Noble 1 cip U Memorandum EST. _ 1836 a1 (0 To: Plan Council p From: Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: October 19, 2010 Subject: PC 2010-12 Christofferson, Schwarz—Rezoning Request Lots 1, 2, and 3 East Van Emmon Road 1 have reviewed the proposed re-zoning request application regarding Lots 1, 2 and 3 East Van Emmon Road from R-2 Duplex Two Family District to B-2 General Business District and have the following comments: General Zoning Comments: • The three parcels (Lots 1, 2 and 3 E. Van Emmon Road) are actually 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 and recorded in Kendall County on 09-11-2003 as Document No. 200300032972. • The existing PUD Agreement which is in effect until June 11, 2018 is binding upon the successors, heirs and assigns of each party hereto. 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. • Based upon the existing PUD Agreement, it is staff's opinion that the application and public notice be revised to indicate a request for amendment to the Annexation Agreement regarding zoning classification and any other provisions contained therein. • Existing Land uses and zoning within the general area of the Subject Properties are as follows: Existimg Zoning Existing L_and_ 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 for access to N/A Van Emmon Rd. abutting properties. • 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/Indu Titan Injection Parts & Services-Food M-1 Limited Manufacturing strial products machinery located at 319 E. Van Emmon Road. South R-2 One Family Residence Residential/Heavily Single-family dwelling located at 328 Wooded E. Van Emmon Road. R-2 One Family Residence Residential/Heavily East B-4 Business District (Special Wooded Radiator and Repair business (Special Use) Commercial Use Permit-Ord. 1988-17) Business West R-3 General Residential District Residential Residential property. Possibly multi- family dwelling. B-2 Zoning Comments: • Is a specific land use/development plan contemplated or will be proposed if rezoning approved? Any future land use must comply with the permitted uses listed in Section 10- 7C-I or a separate petition for an identified Special Use as identified in Section 10-7C-2 of the zoning ordinance. • If a unified development plan is proposed for the entire approx. 1-acre area, staff recommends the lots be consolidated into one-single parcel, to ensure only one primary structure is located per lot. • The minimum lot requirement for B-2 is 10,000 square feet; each lot is approximately 15,000 sq. ft (100'x1501). • Maximum lot coverage permitted in B-2 is 80% (Section 10-7C-5). • Property is not located within the "Downtown Area" as described in Ord. 2006-67 which requires a maximum building height of three (3) stories of thirty-five feet (35'). Therefore, the maximum height of proposed/future buildings must comply with Section 10-7C-6 of zoning ordinance of six (6) stories or eighty-feet (80'), whichever is lower. • Required setbacks for B-2 zoning are as follows: Front Yard = None; Side Yard = 20 feet; Rear Yard =20 feet. • A transitional yard of thirty feet (30') will be required along the eastern boundary of Lot 3 due to its adjacency to an R-2 zoned property. Transitional yards are only required when B-2 zoned properties are adjacent to properties zoned R-1 or R-2. • Parking and traffic impact could not be analyzed without a proposed specific use or development plan. 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. J� a� Memorandum EST. 1836 To: Krysti Noble, Community Development Director .� From: Joe Wywrot, City Engineer CC: Kettlil Cerny `� CLE Date: October 11, 2010 Subject: Christofferson Property Rezoning(East Van Emmon Road) I have reviewed the proposed re-zoning request from R-2 Duplex to B-2 General Business District and have the following comments: • The property was previously proposed for residential duplex development in 2004. SEC Group was the design engineer. They submitted site plans but never received final approval. Some time during or after plan submittal the property was cleared of most trees, although some larger trees were left standing. • The proposed B-2 zoning does not have a required front yard setback. I recommend that an appropriate front yard setback be established for this property. The setback should also take into consideration the future construction of a 10-foot wide trail across the Van Emmon frontage. • It appears that the existing Vann Emmon Road right-of-way width is 60 feet in this area. I recommend that additional right-of-way width of 10 feet be obtained from this property to ultimately provide an 80-foot right-of-way width for Van Emmon. • A business use may generate a high number of traffic turning movements, resulting in a need for turn bays along Van Emmon. • Lighting for the development should consider the residential character of the neighboring properties. • The total acreage of the property is just over one acre. Consequently, it falls below our current 1.25-acre threshold for requiring convention stormwater detention for non- residential properties. Kendall County, however, is contemplating adoption of a county- wide stormwater ordinance that could require detention on this property. • Recently we received complaints from residents on Van Emmon both east and west of this property regarding stormwater drainage. The drainage design for the site should take those resident concerns into account. • Recently the city paid over$90,000 to oversize a water-main along Van Emmon that was constructed by the Kendallwood Estates developer. I do not believe that the 4" watermain along Van Emmon that was abandoned would have been adequate to provide fire protection for this site. We should consider seeking a recapture payment from the property owner for a portion of the oversizing cost. If you have any questions regarding these comments, please see me. C/py Memorandum 00 ESL ` 1836 To: Krysti Barksdale-Noble, Community�Developnient Director O � n Froth: Jackie Dearborn, Civil Engineer ] Cv p CC: Joe Wywrot, City Engineer C_" = Laura Schraw, Parks Designer <LE Paul Zabel, City Code Official Jennifer Woodrick, Engineering Administrative Assistant Date: October 18, 2010 Subject: Christofferson, Schwarz Rezoning I have reviewed the application for rezoning of Lots 1, 2, and 3 of VanEmmon Street Addition and have the following comments: • The property to the west at 320 E. VanEmmon is zoned R-3 and not E-1 according to the GIS database. • Excess runoff due to the addition of buildings and paved parking lots can contribute to flooding. Suitable stormwater BMPs are needed to manage the quantity of storm water runoff from these lots so that property to the north is not adversely affected by increased runoff. If you have any questions regarding these comments, please see me. _•��0 Co. Memorandum o ES7: 1836 To: Krysti Barksdale-Noble � =_ From: Laura Sehraw, City Park Designer (� M.0 ` CC: Joe Wywrot, Jennifer Woodrick 0; O Date: October 15 2010 ALE 1V Subject: Christofferson Schwarz Rezoning Request I have reviewed the rezoning request for Lots 1-3 Van Emrnon and have prepared the following comments: General Comments: 1) The Landscape Ordinance would apply for this development and require a tree survey, tree preservation plan, and replacement trees based on the size and species of trees removed. (8-12-2 H.) 2) This site cannot be clear-cut and the City is aware of the trees on this lot. If clearing occurs prior to a tree survey, there is a monetary penalty for removal prior a landscape plan approval (8-12-2 H.) 3) Tree preservation can offset tree removal and could allow for a positive number of tree credits if the site is designed sensitive to the existing trees. 4) The requirement for a parking lot and business located adjacent to residential is a 30' landscaped buffer yard with a berm or 3' (three foot) wall. The western lot may be too small to ft a building, parking, and meet the ordinance requirements. 5) The buffer yard for a parking lot adjacent to a public right-of-way is 30' plus landscaping. This further reduces the lot's buildable area and should be considered for this rezoning request. 6) Alternative methods of compliance can be discussed at a pre-submittal conference (8-12- 3 F.) O:Developmentll'C Developmental SubmlttalsTC 2010-12 Christoffmon-Van Emmon Rezoning\Plan Council�Christofterson landscape review com[nents 10 14 10 Gks}aloe United City of Yorkville o fit 4 Building Department ?° 800 Game Farm Rd. + Yorkville, IL 60560 + 630-553-8549 + Fax. 630-553-7264 SCE �� c-mail zahe aj •orkizlle.rl.tls DATE: October 18, 2010 NAME: Christofferson, Schwarz SUBJECT: Zoning Amendment Request LOCATION: E. Van Emmon(Lots 1, 2,3) APPLICATION: PC 2010-12 REVIEW COMMENTS... After further review and consideration, I submit the following comments: • The parcel numbers listed for these properties are all listed incorrectly(see attached County records for parcel information) • All three lots are individual properties and should be processed as individual applications • Separate fees and deposits shall be assessed to each individual property • Lots land 3 are owned by James F. Christofferson(correct) • Lot 2 is owned by Jennifer Schwarz(correct) • The current Zoning on all three lots is R-21), "Duplex Two-family District" • The proposed Zoning on all three lots is B-2, "General Business District" • On the application,the owner's information is correct for James F. Christofferson, not Jennifer Schwarz • The Zoning listed for the surrounding parcels is not accurate for east and west(see map) • Property to the north is zoned M-1 Limited Manufacturing(correct) • Property to the south is zoned R-2 One-Family Residence District(correct) • Property to the east is zoned R-2 One-Family Residence District(not B-4 Business District) • Property to the west is zoned R-3 General Residence District(not E-1 Estate Residence District) • On the City's Zoning map, the street is referred to as"E. Van Emmon Street"and should match • The properties in question are located in Zone X on the food plain map It is my opinion that a separate gapplication shall be required for each property re-questing to be re- zoned. Consideration should be given to James F. Christofferson because he owns two parcels of land regarding this Zoning amendment request. Combining the escrow deposit may create efficient and savings for both the city and the petitioner. Should you have any questions or comments regarding this review, please contact me. 43 United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telepbone: 630-553-4350 Fax: 630-553-3436 �cIE �v PC# APPLICATION&PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST Development Name: Christofferson Date of Submission: 1 0/21/10 Requesting: d Annexation gZonurg PKPlanned Unit Development Amendment a Special Use: 1. dame of Petitioner(s): James Christofferson and Jennifer Schwarz Address: 329 Gregory, Aurora, IL 60500 Phone Number. 630-710-8125 Fax Number: Email Addra9ss: Relationship of Petitioners)to subject property: p(Owner IrDeveloper d Contract Purchaser 2. Name of holder of legal title,it different from#1: NIA If legal We Is held In a Land Trust,list the names of all holders of any beneficial Interest therein: 3. a). (1). Street address and physical loration of subject property: Lots 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: 8-4 Buslness District West: E-1 Estate Residence District b). Legal description of property;attach as Exhibit 'A". c). Total Acreage: d). Kendall County Parcel Numbers)of property: 05-39-178-002 05--39--178--003 05-39-178-004 e). Current Zoning Classification: R-2D Du lex Two District _ f). Zoning Classification Requested: B-2 GenerAl Business g). Is this property within City limits? X Yes No,requesting annexallon Unilyd 01Y of Ycwk0lo Ann u iun.111D.7011419,Sludul Use Applkadm Itevix-d: 1.29.09 44 4, Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any appliceWe Ctty ordinance or State Statute: Attach a separate list and label as ExhIbit"B". 5. list all governmental entities or agencies required to receive notice under Illinois law: NIA 6, List the Illinois Business Tax Number(18T#)for the State of IAinols and names of businesses located on subject properly 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 it 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: Lew Offices of Daniel J. Kramer. Attorney: Noma: Attorney Daniel J. Kramer Address: 1107A S. Bridge Street, Yorkville, IL 60560 Phone Number. 630-553-9500 Fax Number: 634-553-5764__ Email Address: Dkramer@dankramerlaw,com Engineer. Name: Address: Phone Number: Fax Number: Email Address: Land Planner. Name: Address: Phone Number: Fax Number. Email Address: United City of Yorkville Aneexuion,PUD.7.onia j,Speciai Use Appiication Kcvisal: 1.19.49 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 rrt in a 10"x 13"envelope. d. One CD containing one electronic copy(pdf)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 verity 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 YorkA[le. Date: Petitioners)Signature: (All legal property owners_sign lures must app ar on this application.) SL Subscribed and sworn to before me this day of 20-01' . Notary Seal THIS APPU ATTON MUST BE NOTARIZED. OFFlOtAI.SEAL 00MA J ANWRWN "Dwo Pubic•slate d Vk0W ;My DOi"m"Ork F.X"d&n OS,2014 Unimd City orYofkvilk Annexation,NJD,Zming Special 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 orgy-$200 plus$10 per acre for each acre over 5 saes c. Special Use-$250 plus$10 per acre for each acre over 5 acres d. Engineering Review Fees-1.25%of the approved engineers estimate of cost of all land improvements,to be determined by City 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=$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 respatsible 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 Owner/Developer not pay these fees direedy,they wHI be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: you must present your plan at oath of the meallings below as indicated. Step 2: Plan GoumcllGorm & The Plan Council meets the 2n°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: Paris Board planning meeting.- The Park Board makes recommendations on any park sites included in residential developments. The Park Surd planning mewing Is the 4th Thursday of each month at 7:00 p.m.at ths 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 lime 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 mad by the pettioner to adjacent property owners within 500 Rot 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 flied by the petitionerwith the Community Development Department's office containing the names, addresses and permanent parcel numbers of all property owners. United City or Yorkville Annexation PUD,7.anutg.Special Ux Applitatinn Revised: 1.27119 47 Step 5-EcomMic P2vel9prnent Com : The Economic Development Committee meets the 1 st Tuesday of the month at 7:00 p-m.in the Conference Room al City Hall. The project will be discussed in an informal atmosphere where no formal voting takes place. This session Is to discuss and consider reoommendations of prior committee meetings. Step C. City Cauntll._A public hearing is required for annexation or PUD agreements. The City Council meets the 2 or 4"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 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 wall 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 ua copy for your records)to the Community Development Department,United City of Yorkville,800 Game Farm Road, orkvilie, Illinois 580, Hate: f �/ Ignature of Petitio r 1 Unaw City or Yorkville Armtxwion,PUD,Zndfnp,Special We Applicaiiom Revised: 1.29.09 LEGAL DESCRIPTION LOTS 1,2,AND 3 OF VAN EMMON STREET AMMON,CITY OF YORKVILLE, COUNTY OF KENDALL,ILLINOIS 1-clalebr i } r. - 7T c , t 123 t s, Parcel Legal Description Owner 05-39-178-00_2 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,Jennifef 05-39-178004 LT 3 VAN EMMON STREET ADDN. CITY OF YORKVILLE Christofferson, James F. I1 7 k -- _ ---r -- I I I Legend Chnslof moWSdh rz Pamft . �— r '.S FOOL BURei .I - Christofferson/Schwan Rezoning; i - PC2010-12 I �— - 500 Foot Buffer Ma STATE OF ILLINOIS ) 5S COUNTY OF KENDALL 200300032972'oe Filed far 'rtecard in KENDALL COUVYI ILLINOIS PAUL ANDERSGN 09-11"003 At 12:26 PM. QRDINANCE 21.00 ORDINANCE NO. 1998- oZfl AN ORDINANCE AUTHORIZING THE EXECUTION OF THE K-UCZSKOWSIQ PLANNED UNIT DEVELOPMENT AGREEIl7ENT 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,MLINOIS 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 UNITED CITY OF YORKVMLE on the Aday of ` v K 4 , 1998. SIGNED and APPROVED by me, as Mayor,this Today of , 1998. F � ATTEST: CITY CLERK LSEALe Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 F:\CLMWS\CMOFYOWUCZKOVAordince.wpd � � .0 STATE OF ILLINOIS ) )Ss COUNTY OF KEND.ALL ) 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 local 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 fiuther dedicate an additional T 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 1 100%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. I. 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. J. 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 tip• , z MAYOR U CITY CLERK ONNIE KUCZK SKI, 0��,..✓✓// 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 Fast of the Third Principal Meridian according to the Plat thereof Recorded on January 5, 1994 as Document Number 9400175. -5- Memorandum EST. , _ 1836 W To: Plan Council , _ From: Krysti Barksdale-Noble, Community Development Director <LE �V CC: Bart Olson, City Administrator Date: October 20, 2010 Subject: PC 2010-13 & PC 2010-14 Ultimate Sports Bar, Inc. Text Amendment & Special Use Request for an OTB I have reviewed the proposed Text Amendment and Special Use request application regarding the Ultimate Sports Bar, Inc. to identify an Off-Track Betting (OTB) facility as an allowed Special Use in the B-2 General Business District and operate such a use at an existing business located at 1447 Cannonball Trail. Following are my review comments: General Text Amendment Comments: • Section 10-7C-2: Special Uses of the B-2 General Business District will need to be amended to add the term "Off Track Betting (OTB) Facility" • Amend Section 10-2-3: Definitions of the Zoning Ordinance to add the following: 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. • Staff suggests that OTB facilities be an ancillary use only allowed to be located within a restaurant/food establishment and no more than a certain percent of the commercial space's gross floor area. (i.e., maximum 45%). • This consistent with the Illinois Horse Racing Act of 1975 as amended, which requires all inter-track wagering facilities to locate in areas that are zoned for commercial and manufacturing purposes or in areas for which a special use has been approved by the local zoning authority. B-2 Special Use Zoning Comments: • Parking Requirements -- Section 10-11-4: Schedule of Parking Requirements does not define or have a comparable parking standard for the proposed use. The existing parking on the site is shared parking among several retail/commercial/service type businesses. Staff requests the applicant provide a brief narrative of the typical parking demands and peak business hours for similar uses in operation. Amendments to the parking standards or specific parking provisions for this request may be required. • Operational Hours - Applicant will need to provide proposed hours of operation for the OTB facility. • Security - What security measures, if any, will be implemented or provided? (i.e., cameras, alarm systems, private security, etc.) • Special Use designation --- staff suggests limiting OTB facilities as an allowable special use only in the B-2 District and excluding/prohibiting it from the B-3 Service Business District (Section 10-7D-2) which currently allows all special uses permitted in the B-2 District. 230 ILCS 51Gamin - Illinois Horse Raciniz Act of 1975 Comments: • Minors - Illinois Horse Racing Act of 1975 prohibits minors from purchasing and cashing tickets at an off-track betting facility and strictly prohibits minors from all wagering windows. The Act defines a minor as "any person under the age of 18". Staff suggests the minimum age for those allowed to wager at an OTB facility be 21 years old. • Surrounding Land Uses — The Illinois Horse Racing Act of 1975 as amended requires that inter-track wagering or simulcast wagering "...shall not he conducted at a location within 500 _feet of an existing church or existing school, nor ivithin 500 feet of the residences of more than 50 registered voters without receiving written permission from a majority of the registered voters of such residences. Such written permission statements shall be filed with the Illinois Racing Board. The distance of 500_feet shall be measured to the nearest art of the building used ,for worship .services, education programs, residential purposes, or inter-track wagering facility, and not to property boundaries." o Some surrounding land uses include a daycare facility and residential dwellings. School is defined in the Act as a primary/elementary or secondary school, therefore the daycare facility is not a consideration. However, staff will require the applicant to provide verification that it meets this standard. if written permission is required from a majority of the registered voters of residences within 500 feet, staff requests a copy of the statements be filed with the City Clerk of Yorkville. Other Code/Ordinance Considerations: • Comprehensive Plan — The 2008 Comprehensive PIan land use designation for the property is commercial which is consistent with the current zoning. • Sign Ordinance -- Will exterior signage be proposed for the advertisement of the OTB facility? Is so, where and what type (i.e., window, wall, on the existing monument sign)? All proposed signage shall comply with the Sign Ordinance. ms_ µ Memorandum EST. =� 1836 To: Krysti Noble, Community Development Director From: Joe Wywrot, City Engineer CC: Jennifer Woodrick, Engineering Administrative Assistant Date: October 18, 2010 Subject; Ultimate Sports Bars-- Special Use of OTB If have reviewed the petition for an off-track betting facility in the strip mall at the SW corner of Rt.34 and Cannonball Trail and have the following comments/questions: • Is there an estimated parking requirement for this facility? Is the existing parking adequate? • What kind of signage is proposed? • The city needs an easement from this property to construct a trail along Route 34. Can we incorporate that easement dedication into this petition? If you have any questions regarding these comments, please see me. C1py 0 Memorandum EST. , _` 4836 To: Krysti Barksdale-Noble, Community Development Director 4 �, From: Jackie Dearborn, Civil Engineer g� p CC. Joe Wywrot, City Engineer �"C.-M Laura Schraw, Parks Designer <LE Paul Zabel, City Code Official Jennifer Woodrick, Engineering Administrative Assistant Date: October 21, 2010 Subject: Ultimate Sports Bar Special Use Request 1 have reviewed the application for the special use request for the Ultimate Sports Bar, Inc. and have the following comments: • Provide the level of attendance expected, including the 4 additional employees, in order to determine whether or not the current number of parking spaces is sufficient. • Provide a site plan identifying the parking spaces requirements for the parcel. If you have any questions regarding these comments, please see me. Est 1836 United City of Yorkville p9 �I ri FW O Building Department �y 800 Game Farm Rd. + Yorkville, IL 60560 + 630-553-8549 + Fax. 630-553-7264 E e-mail r-abel a' orkville.il.irs DATE: October 21, 2010 NAME: Ultimate Sports Bar, Inc. (OTB) SUBJECT: Zoning Amendment Request LOCATION: 1447 Cannonball Trail APPLICATION: PC 2010-131 PC 2010-14 REVIEW COMMENTS... After further review and consideration, 1 submit the following comments: • The parcel number listed for this property is correct(see attached County records) • The current Zoning on this lot is B-2 "General Business District" • The proposed Zoning on this lot is B-2 "General Business District"1 Special Use for OTB • The owner's information is listed correctly—First National Bank of Ottawa,Trust#2400 • The Zoning listed for the surrounding parcels is correct without the additional R-3 General Residence Districts (see attached zoning map) • Property to the north is zoned PUD (correct) • Property to the south is zoned O-Office District(correct) • Property to the cast is zoned B-2 General Business District(correct) • Property to the west is zoned O-Office District (correct) • A parking survey and photos have been included with this report • Earlier this year, a new address was assigned for this commercial space (1439 Cannonball Trail) 10-11-4 Schedule of Parking requirements.B.Retail and Service Uses: Establishments dispensing food beverages for consumption on the premises—One(1)parking space shall be provided for each three-hundred(300) square feet of floor area. Should you have any questions or comments regarding this review, please contact me. _•��° C'''� Memorandum fLL o EU. 1636 To: Krysti Noble, Community Development Director From: Laura Schraw, City Park Designer CC: Jennifer Woodrick, Engineering Admin. Assistant 0� Date: October 20, 2010 K�ChM iLE `,,�� Subject: PC 2010-13 & PC 2010-14 Ultimate Sports Bar, Inc. Review I have reviewed the plans and documents for the Ultimate Sports Bar, Inc. Text Amendment & Special Use Request and have no comments regarding the project based on the Landscape Ordinance. 0:113cN elopmcnITC Developmental SubmittalsTC 2010-14 Ultimate Sports Bar Inc,(Sp.Use-OTB)\Plan Council,OTB landscape review 10.20.10(lks).doc 43 � United City of Yorkville 800 Game Farm Road Esr Yorkville, Illinois 60560 E� o Telephone: 630-553-4350 L `0 �=fl Fax: 630-553-3436 PC# APPLICATION &PETITION ANNEXATION, PLANNED It%Tlmf EWPM EfST,ZONING OR SPECIAL USE REQUEST Development Name: Bar, Inc. (OTB) Date of Submission: 10/12/10 Requesting: []Annexation Q Zoning a Planned Unit Development Special Use: B-2 SIU for purposes of operating an off-track betting facility 1. Name of Petitioner(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 Petitioner(s)to subject property: X (other) Tenant p Owner 0 Developer [] 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). (i). 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'`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 United City of York%illc:Anne\atmn.PU❑.Zoning.5lwalliwApplLcation Revised 12909 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 governmental 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 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: NIA Address: Phone Number: Fax Number: Email Address: Land Planner: Name: NIA Address: Phone Number: Fax Number: Email Address: United Citc of Yorkville Annexation,III JD.Zoning Special Ilse Application Rcti ised: 1 21)iw 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(pdf)of each of the signed application (complete with exhibits) legal description, and site plan. In witness whereof the following petitioner(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: 1 z h 0 Petitioner(s) Signature: (All legal property owners'signatures must appear on this application.) Ultimate Sports Bar, Inc. By: teve Cou is Subscribed and sworn to before me this i day of ,200 Notary Seal T THIS APPLICATION MUST BE NOTARIZE EAS.° NTER&ME OF ILLI NOIS E=S 1119x2014 United City of Yorkvi[te,Annexation.PUD,Zoning.Sr cial Use Application Revised 1 21)01) 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-$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 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 2nd and 4h 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 Paris 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. United City of Yorkville,-Annexation.KID.Tuning.Specia[rlsc Application Re%iced 1.29 09 47 Step 6 -Economic Development Committee: The Economic Development Committee meets the 1 st 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: City Council:A public hearing is required for annexation or PUD agreements. The City Council meets their 4`h 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 and/or 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 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 rkville, Illinois 60560. Date: / t Z 7 t a � �.�.�. oner ti _ Signature of ti {united City of Yorkville Annexation,PUT).Zoning,Special Use Application Revised 1 29.09 QED c/T� United City of Yorkville 0 800 Game Farm Road Yorkville.Illinois 60560 , ., e5Y e;,`~ ,.a..$ Telephone 630-553-4350 T. •.-- W Fax: 630-553-7575 p . o INVOICE & WORKSHEET <t,E ��'� PETITION APPLICATION CONTACT: DEVELOPMENT/PROPERTY: Attorney Daniel J. Kramer 1447 Cannonball Tr., Yorkville, IL 1107A S. Bridge St. Acreage: 3 */_ Yorkville, IL 60560 Date: 10/12/10 Concept Plan Review: []Yes []No S Engineering Plan Review Deposit of$500 due Amendment: IXI Yes I]No $ 500.00 $500.00 Fee due for each: (Annexation) (Plan) (Plat) (PUD) Annexation: [I Yes []No $ $250.00,plus$10/acre for each acre over 5. #of acres; -5= x$10 +$250 Rezoning: I I Yes I I No $ $200.00,plus$10/acre for each acre over 5, 4 of acres: -5= x$10= +$200 If annexing and rezoning,charga only 1 per acre If rezoning to a PUD,charge PUD Development Fee-not Rezoning Fee. Special Use: [X]Yes I I No $ 250.00 $250.00,plus$10/acre for each acre over 5. #of acres: -5- x$10" +$250 Mile and '/,Review: $250.00 []Yes I I No $ Zoning Variance: $85.00 [I Yes [I No $ Outside Consultants deposit of$500.00 due Preliminary Plan Fee: $500.00 []Yes []No S P.U.D. Fee: $500.00 []Yes []No S Final Plat Fee: $500.00 [I Yes []No $ Engineering Plan Review Deposit: []Yes (]No 5 [ [Less than 1 acre=$1,000 due Over 1 acre and less than 10 acres=$2,500 due []Over 10 acres and less than 40 acres=$5,000 due [ I Over 40 acres and less than 100 acres=$10,000 due [ I Over 100 acres=$20,000 due Outside Consultants Deposit: I X]Yes I ]No 5 2,500.00 Legal,Land Planner,Zoning Coordinator,Environmental Services Arrrreralron 5uhdirition Rezoning.urad.S'xecia!L'e. [ ]Less than 2 acres =$1,000 due [N]Over y acres and less than 10 acres=.$2,500 due I I Over 10 acres =$5,000 due TOTA1,.010L'N h I)LE: 5 3,2SU,00 A L"d orr,„c M (hp 4R0 rcc%hmtNVki 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°5739" 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 8712'50" 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°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. r -- •'� a��f� w,�t 13 r 1�1 NT Ci bull T211 - ,. LOCCbn '9. _ - --� f I i V I Ilit II 1° st i 4 ! s , I I iy Legend 1447 C�00.bap Td Sap RO buffer t l�� 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 OTB'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. LO I C'7 It T O O � (D C) O 00 V) Lid O co N C7 O 00 00 N L6 d N O O O 00 d 00 0o O O O LO r T r O T T N M i� (07 N N O 1� T It 00 (D (D N N (1') C0 " 4 (D � 1• O O O T T- O N cC It It OLn N 1• ti (D (D d' 00 Ili O) of vi 0) r- (D O O O T- O O O O O O O U-) r 00 O O N O I�i 1 -li -li ' C) r- � CD O O O) T O O 00 Mt O O O T O Lf? O O LO} LO O O N r O N N N Ln r 06 O q'i Ni NN N It O O (D C O U c p m N "fl c� N N o a co cc y.., � _ �. �, _a N � N V C i j C > O ii 2 � Of LL U Hawthorne Race Course Off Track Betting Locations Location/OTB 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 83,950 - 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 60089 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 708-4781670 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 708-780-3700 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 Storage Reap Enva.. 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