Ordinance 2010-59 STATE OF ILLINOIS ) ,2 0 0 0 0 , 44 0 7 d�
COUNTY OF KENDALL) ' 3 I I - L- I-' T T E
I.ENDO LL. CRIATY, 11-
RECORDED: 12/21/2010 2:08 PM
ORDI: 51.00 RHSPS FEE: 10.00
PAGES: 6
THIS IS A COVER PAGE
FOR RECORDING PURPOSES ONLY
ORDINANCE NO. 2010 -59
An Ordinance of the United City of Yorkville, Kendall County, Illinois,
Approving a Special Use Permit Application for an Off -Track Betting Facility
(1447 Cannonball Trail)
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Ordinance No. j
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING A SPECIAL USE PERMIT APPLICATION FOR AN OFF -TRACK BETTING FACILITY
(1447 Cannonball Trail)
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WHEREAS, the United City of Yorkville (the "City ") is a duly organized and validly existing
non home -rule municipality created in accordance with the Constitution of the State of Illinois of 1970
and the laws of the State; and,
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WHEREAS, under section 11- 13 -1.1 of the Illinois Municipal Code (65 ILCS 5/1 -1 -1, et seq.),
the Mayor and City Council of the City (collectively, the "Corporate Authorities ") may provide for the
classification of special uses in its zoning ordinances; and,
WHEREAS, pursuant to the Yorkville Zoning Ordinance (hereinafter referred to as the "Zoning
Code "), any person owning or having an interest in property may file an application to use such land for
one or more of the special uses provided for in the zoning district in which the land is situated; and,
WHEREAS, Hawthorne Race Course, Inc. and all wholly -owned subsidiaries, is the proposed
off -track betting licensee for the property located at 1447 Cannonball Trail, Yorkville, Illinois, legally
described in Exhibit A, attached to and made a part of this Ordinance (the "Subject Property "); and,
WHEREAS, under the authority of the Zoning Code, the Subject Property is located in a
designated B -2 General Business District, and an off -track betting facility is allowed in this district as a
special use; and,
WHEREAS, the Corporate Authorities have received a request for a special use permit for the
Subject Property for an off -track betting facility from Hawthorne Race Course, Inc. and all wholly -
owned subsidiaries; and,
WHEREAS, a legal notice of publication regarding a public hearing before the Plan
Commission on the proposed special use permit was duly published in a newspaper of general
circulation in the City, not more than thirty (30) nor less than fifteen (15) days prior to the public
hearing; and,
WHEREAS, notice to property owners within 500 feet of the boundaries of the Subject Property
identified for the special use was delivered by certified mail; and,
WHEREAS, the Plan Commission convened and held a public hearing on the 10 day of
November 2010, on the question of the special use application; and,
WHEREAS, the Plan Commission reviewed the standards set forth in Section 10- 14 -6(F) of the
Zoning Code, and found that the special use met the standards and recommended the approval of the
special use for the Subject Property.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City
of Yorkville, Kendall County, Illinois, as follows:
Section 1. The above recitals are incorporated and made a part of this Ordinance.
Section 2. The Corporate Authorities hereby approve an off -track betting facility as a special use
for the Subject Property located at 1447 Cannonball Trail.
Section 3. That the special use granted herein shall be subject to the following conditions:
1. Wagering at the off - track.betting (OTB) facility shall be limited only to live horse races
and not include wagering on any other sporting or other activity, professional or
otherwise.
2. 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.
3. The petitioner shall provide specific details /information on preventative measures to be
taken to mitigate under -aged drinking within the betting parlor, bar area or on the Subject
Property.
4. 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.
5. The wagering area of the sports bar shall be limited to no more than 45% of the gross
leasable floor space.
6. The petitioner shall allow the Police Department of 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.
7. 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.
8. The petitioner shall submit a parking plan for every event requiring off -site parking for
prior written approval by the Police Department. 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 Chief of Police for
approval no less than fifteen (15) business days prior to the event.
9. 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.
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Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
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Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of ��. o ,"_Q9� , A.D. 2010.
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ROBYN SUTCLIFF DIANE TEELING
GARY GOLINSKI ARDEN JOSEPH PLOCHER�
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS GEORGE GILSON JR.
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A 2proved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ly
day of 10.
V�
MAYOR
Prepared by and Return to:
United City of Yorkville
800 Game Farm Rd.
Yorkville, IL 60560
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Exhibit A
Legal Description of Subject Property
(see attached)
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4
Legal Description
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 °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 0 58'24" WEST ALONG SAID EASTERLY LINE, 279.97 FEET; THENCE NORTH
84 0 57'39" 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 0 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 0 57'39"
EAST, 194.50 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH
84 0 57'39" EAST, 123.25 FEET; THENCE SOUTH 40 0 01'36" EAST, 99.92 FEET TO THE
EASTERLY LINE OF CANNONBALL TRAIL; THENCE SOUTH 6 0 58'24" WEST ALONG
SAID EASTERLY LINE, 83.36 FEET; THENCE NORTH 84 °57'39" WEST, 191.17 FEET;
THENCE NORTH 5 0 02'21 "EAST, 153.88 FEET TO THE POINT OF BEGINNING.