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HomeMy WebLinkAboutG81-85 ,.,k ebb. Ordinance No. G8I-85 AN ORDINANCE AMENDING ORDINANCE G 19-8I ENTITLED 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 for the temporary mining of sand and gravel in conjunction with site preparation for the development of public recreational open space on the property commonly known as the former Elgin Mental Health Center; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin has considered the findings and recommendations of the Land Use Committee and has reviewed the transcript of testi- mony 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 ELGIN, ILLINOIS: Section I. That Section 2(B) of Ordinance GI9-81 be and is hereby amended to read as follows: "(B) That the sequence and phasing of extraction operations and the type and location of any plant site shall be as approved by the City Council of the City of Elgin. Provided, however, the sequence of extraction opera- tions shall be substantially as follows: (Note: mining areas cited herein are as shown on the plans prepared by William E. Coates and Associates, Ltd.) I. Mining Area E, D, F 2. Mining Area C 3. Mining Area A 4. Mining Area B" Section 2. That Section 2(C) of Ordinance G19-81 be and is hereby amended to read as follows: "(C) Screening berms shall be constructed along the west and south boundary lines of the adjacent Burnham Mill development. Provided, however, no screening berm shall be required unless and until any mining, or extraction operation occurs within 1000 feet of any dwelling unit of the Burnham Mill development. In the event any such operation is proposed or planned within 1000 feet of any dwelling unit of the Burnham Mill develop- ment then, and in that event, prior to the commencement of any such i mining or extraction, screening berms shall be constructed in accordance with the standards shown on Sheet 9 of the plans prepared by William E. Coates & Associates Limited and dated March 1983 except that: I. No berm shall exceed 11 feet in height; 2. Vegetation shall consist primarily of evergreen plants; 3. Existing trees shall be conserved as far as practicable; 4. Configuration of berms shall be undulating; 5. Slopes of berms shall not exceed thirty per cent." Section 3. That Section 2(D) of Ordinance G19-81 be and is hereby amended to read as follows: "(D) That soil handling sequences and extraction shall be in sub- stantial conformance with Sheet 3 of the plans prepared by William E. Coates and Associates Limited and dated March 1983." Section 4. That Section 2(H) of Ordinance GI9-81 be and is hereby amended to read as follows: "(H) I. That hours of mining operation shall be between the hours of six a.m. and seven p.m., from Monday through Saturday. Provided that mining within 1000 feet of any dwelling unit of the Burnham Mill 41) development 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 Saturday. (H) 3. No operations shall be conducted on Sunday or national holidays." Section 5. That Section 2(5) of Ordinance G19-81 shall be amended to read as follows: "(S) Substantial compliance with the plans prepared by William E. Coates and Associates Limited attached hereto and made a part hereof, except as otherwise provided herein or in any subsequent amendment hereto." Section 6. That not less than 60 days prior to City Council approval of any gravel operations in mining areas C, A or B or mining area F north of the cemetery road, all as shown on the plans prepared by William E. Coates and Associates Ltd. and dated March 1983, the owners of the Burnham Mill development shall be given written notice of such proposed operation. Notice shall be sufficient when delivered to the person identified as the most recent payer of real estate taxes for the subject property. I Section 7. That all ordinances or parts of ordinances in conflict with this ordi- nance are repealed. Section 8. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 14, 1985 Passed: October 14, 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Roll Nancy Roll, Deputy Clerk r