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HomeMy WebLinkAboutG19-81 Ordinance No. G19-81 AN ORDINANCE GRANTING A SPECIAL USE FOR THE TEMPORARY MINING OF SAND AND GRAVEL IN CONJUNCTION WITH SITE PREPARATION FOR THE DEVELOPMENT OF PUBLIC RECREATIONAL OPEN SPACE WHEREAS, written application has been made for a special use permit for the temporary mining of sand and gravel in conjunction with site prepara- tion for the development of public recreational open space in an R-2 single family residence district; and WHEREAS, the Land Use Committee conducted public hearings concerning said application after due notice in the manner required by law; and WHEREAS, the Land Use Conunittee has submitted its written findings and recommendations ; and WHEREAS, the City Council has considered the findings and recommenda- tions of the Land Use Committee and has reviewed the transcript of testimony presented at the public hearing together with exhibits presented at said hearing; and WHEREAS, after due deliberation and consideration the City Council does not concur in the findings and recommendations of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF emk ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby finds and determines the following: 1. That the proposed special use will promote the public con- venience at the location for the following reasons: a) The existing park system of the City of Elgin is insufficient to meet the current and future needs of the residents of the City of Elgin and the Park and Recreation Master Plan pre- pared by McFadzean and Everly, Ltd. recommended development of the subject property as a community park as had the Parks and Recreation Board of the City of Elgin. b) The subject property contains substantial deposits of gravel and sand which, if extracted, will serve to replenish the depleted existing resources in the surrounding area and meet anticipated future demands. c) A Master Reclamation Plan has been prepared by William E. Coates and Associates, Ltd. , Landscape Architects and Environmental Planners, for reclamation of the subject property for park purposes following completion of mining operations, if undertaken. d) That the extraction of gravel deposits will aid and promote development of the subject property as a site for a community park and accumulate substantial revenue for such purposes. e) The reclamation plan will result in the creation of two lakes, a winter sports hill and appropriate landscaping and geographical features to serve as the foundation for further park development. f) The extraction of gravel and sand deposits will yield approximately three million dollars in royalties, will produce increased sales and real estate taxes and provide employment opportunities. g) Existence of a source of sand and gravel at the loca- tion will tend to benefit consumers by reducing the cost of such materials for use and development in construction projects in the surrounding area. 2. That the proposed special use is so designed, located and proposed to be operated that the public health, safety and welfare will be protected because operational controls described below will be imposed regulating extraction and reclamation, hours of operation, control of dust and noise and protection of natural drainage and under- ground water supply. 3. That the proposed special use will not cause substantial injury to the value of other property in the neighborhood in which it is located because the restrictions and controls imposed, difference in elevation and the phasing of mining and reclamation efforts will minimize and limit the duration of any adverse effect of the proposed special use on neighboring property, minimal traffic volume will be generated by mining activities on the subject property and that upon completion and reclamation the value of surrounding property will be enhanced. Section 2. That a special use be and is hereby granted for the temporary mining of sand and gravel incidental to preparation of the following described property for public recreational open space: That part of Sections 22, 23, 26 and 27, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northwest corner of the Northeast quarter of the Southeast quarter of Section 22, thence Southerly along the West line of said Section 22 for a distance of 1038.80 f8et to a point; thence Westerly along a line forming an angle of 88 11' to the right of a prolongation of the last described course for a distance of 1843.60 feet to the center line of McLean Boulevard (State Aid Route 18) ; thence Southwesterly along said center line, being a curve to the left for a distance of 574.65 feet to a point; thence continuing in a Southwesterly direction along said center line, being a straight line and tangent to the last described point, for a distance of 404.0 feet to an angle in said center line; thence Southwesterly along said center line a distance of 367.51 feet; thence Easterly along a line parallel with the South line of Section 22 for a distance of 438.8 feet; thence Southerly along a line that is perpendicular to the North line of the Northwest quarter of Section 27 and the South line of the Southwest quarter of Section 22 for a distance of 724.93 feet; thence Easterly parallel with the South line of the Northeast quarter of the Northwest quarter . of said Section 27, a distance of 242.87 feet to the East line r of the Northwest quarter of said Section 27; thence Easterly parallel with the South line of the Northwest quarter of the Northeast quarter of said Section 27 a distance of 343.2 feet; thence Southerly along a line parallel with the West line of the Northeast quarter of said Section 27 for a distance of 891.0 feet to the South line of the North half of the Northeast quarter of said Section 27; thence Easterly along said South line of the North half of the Northeast quarter of Section 27 for a distance of 2293.9 feet to the East line of said Northeast quarter of Sec- tion 27; thence Northerly along said East line of the Northeast quarter of Section 27 for a distance of 348.2 feet; thence Easterly along a line that forms an angle of 90° 12' to the right of a prolongation of the last described course, said line also being the Southerly property line of the Elgin State Hospital, for a distance of 1900 feet more or less; thence Northerly along a line parallel to and 740 feet West of the East line of the Northwest quarter of Section 26 of the Southwest quarter of Section 23 for a distance of 1800 feet more or less; thence Easterly along a line parallel with the South line of the Southwest quarter of Section 23, for a distance of 740 feet to the East line of the Southwest quarter of Section 23; thence Northerly along the East line of said Southwest quarter of Section 23 for a distance of 1772 feet more or less to the Southerly right-of-way line of the U.S. Route 20 Bypass (Federal Aid Route 6) ; thence Northwesterly along the Southerly right-of-way line of the U.S. Route 20 Bypass for a distance of 2643 feet more or less to the West line of Sec- E tion 23; thence continuing in a Northwesterly direction along the Southerly right-of-way line of said U.S. Route 20 Bypass for a distance of 1329.34 feet to the West line of the Southeast quarter of the Northeast quarter of Section 22; thence South along said west line for a distance of 113.44 feet to the place of beginning. Being situated in Elgin Township, Kane County, Illinois, and con- taining 417.48 acres more or less. subject to the following conditions: A. The operator shall submit annual operational and reclamation plans for review and approval by the City Council. B. That extraction, operating sequences , plant sites and vehicle access shall be in substantial conformance with the plan prepared by Dunn Geoscience Corporation and identified as 79-2-10, attached hereto and made a part hereof, except that all extraction and removal in Area 1C and the north half of Area 2 shall be com- pleted within twelve months after commencement of operations here- under. C. That screening berms shall be constructed along the west and south boundary lines of the adjacent Burnham Mill development in accordance with the standards shown on the Dunn Geoscience Cor- poration plan, 79-2-10, except that: rft. 1. No berm shall exceed 11 feet in height; 2. Vegetation shall consist primarily of evergreen plants; . 1 f 4 3. Existing trees shall be conserved as far as e practicable; 4. Configuration of berms shall be undulating; 5. Slopes of berms shall not exceed thirty per cent. D. That soil handling sequences and extraction shall be in substantial conformance with the Dunn Geoscience Corporation plan 79-2-11, attached hereto and made a part hereof by reference. E. That McLean Boulevard at the haulroad intersection shall be widened so as to provide a right turn deceleration lane for northbound traffic, a right turn acceleration lane for northbound traffic and a by-pass through lane for southbound traffic with a left turn bay, unless an alternate means of ingress and egress is established. F. That no structures shall be located within 300 feet of McLean Boulevard and without approval of the City Council. G. Excluding underwater extraction, the total of all operating areas shall not exceed 30 acres unless approved by the City Council. H. 1. That hours of mining operation shall be between the hours of seven a.m. and seven p.m. , from Monday through Saturday, except that mining within 1000 feet of any dwelling unit shall be permitted only between the hours of eight a.m. and five-thirty p.m. from Monday through Friday. H. 2. That hours of loading and hauling shall be between the hours of six a.m. and seven p.m. from Monday through Friday and between the hours of seven a.m. and three p.m. on Saturday. H. 3. No operations shall be conducted on Sunday or on national holidays. I. That the haulroad from McLean Boulevard east for a distance of 1100 feet, if established, shall be paved with an asphaltic con- crete surface and all temporary roads and hardstand areas shall be treated with water or suitable chemicals to control dust. J. That discharge points shall be enclosed and conveyors used wherever practical. K. That spray bars and wet screens shall be used where nec- essary and overburden stockpiles shall be treated to minimize the effects of erosion by wind or water. L. That noise suppression equipment, including standard mufflers on trucks and on-site equipment, rubber lined shoots, hoppers and screenbodies shall be employed to suppress excessive noise and applicable noise standards promulgated by the Illinois Pollution Control Board shall not be exceeded. M. That no water other than natural drainage shall be per- mitted to be discharged on surrounding property. N. That the water barrier for the western water table located near McLean Boulevard shall not be breached. 0. That the water table at any extraction site shall not be mechanically lowered. P. Compliance with the Illinois Surface--Mine Land Conserva- tion Act. Q. That prior to the commencement of activities under the special use permit granted the proposed use shall be approved by the Department of Mental Health as required by the deed conveying the subject property to the City of Elgin. R. That all revenues derived by the City of Elgin from the operation of the special use herein granted shall be deposited in a separate fund for use for future park development. S. Substantial compliance with the following exhibits prepared by W. E. Coates and described in his report entitled "A Proposal for the Temporary Mining and Reclamation of Land by the City of Elgin" dated September 3, 1980, copies of which are attached hereto and made a part hereof by reference; a) Project Phasing; b) Screening and Setbacks ; c) Progressive Extraction--Reclamation; d) Site Management Sequence. T. No blasting shall be permitted. U. A herbaceous ground cover shall be planted within one year from the completion of the grading operations and shall be in con- formance with the reclamation requirements of the Illinois Surface- Mine Land Conservation Act. V. Compliance with all other applicable statutes, codes and ordinances. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ Richard L. Verbic Richard L. Verbic, Mayor eft Presented: May 13 , 1981 Passed: May 13 , 1981 Vote: Yeas 5 Nays 2 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk