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HomeMy WebLinkAboutG20-93 Ordinance No. G20-93 AN ORDINANCE GRANTING A CONDITIONAL USE FOR TEMPORARY MINING OF GRAVEL IN CONJUNCTION WITH SITE PREPARATION FOR THE DEVELOPMENT OF PUBLIC RECREATIONAL OPEN SPACE WHEREAS, written application has been made for a CF Community Facility District conditional use for the temporary mining of gravel in conjunction with site preparation for the development of public recreational open space on the property located on the east side of South McLean Boulevard, south of U.S. Route 20, commonly known as the Elgin Sports Complex; and WHEREAS, the Planning and Development Commission 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 concurs in the findings and recommendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: row Section 1 . That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2 . That a conditional use for temporary mining in conjunction with site preparation for the development of public recreational open space on the east side of South McLean Boulevard, south of U.S. Route 20, commonly known as the Elgin Sports Complex, Elgin, Illinois, legally described as follows : 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 feet to a point; thence westerly along a line forming an angle of 88 degrees 11 minutes to the right 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 e'' 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 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 Section 27; thence northerly along said East line of the Northeast quarter of Section 27 for a distance of 348 .2 feet; eft thence easterly along a line that forms an angle of 90 degrees 12 minutes 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 Section 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 containing 417 .48 acres more or less . be and is hereby granted subject to the following conditions: 1 . The mining operation and reclamation phases shall conform with the Limestone Presentation Report prepared by Road Materials Corporation, dated March 17 , 1993 and the following mining operation and reclamation plans prepared by Burnidge Cassell & Associates for Road Materials Corporation: a. Mining Operation Plan - Option A (Sheet MP-1A, dated 1/93) . b. Mining Operation Plan - Option B (Sheet MP-1B, dated 1/93) . c. Phasing of Overburden Placement (Sheet MP-2, dated 1/93) . d. Final Landform in Quarry/Staging Area (Sheet MP-3, dated 1/93) . e. Finish Grade Sections (Sheet MP-4, dated 1/93) . f. Master Site Plan (Sheet MP-5, revised eft 8/92) . 2 . Gravel trucks shall enter and leave the mining area via State Route 31 only. 3 . Conveyors carrying limestone from the quarry shall be enclosed where practical . 4 . The haul road, parking and production equipment area, stockpiles, and mining area shall be treated with accepted methods to control dust during all phases of the mining operation. 5 . Blasting shall be limited to one sequence per day, between the hours of 10 : 00 a.m. and noon, Monday through Friday, using a multiple or rapid fire technique. 6 . The operator shall submit annual reports to the Park and Reclamation Board and the City Council describing the status of the mining operation and reclamation phases . 7 . All revenues accrued by the City of Elgin from the sale of mined materials shall be deposited in a separate fund for use in developing the Elgin Sports Complex. r8 . Submission and approval of a soil erosion and sedimentation control plan to cover all aspects of the removal and redistribution of the overburden, and the mining operation. 9 . Submission of water quality test reports as required by law. 10 . The temporary mining operation shall be conducted in strict conformance with all federal, state and local codes and ordinances . Section 3 . That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4 . That this ordinance shall be in full force and effect after its passage in the manner provided by law. 4Geor VanDeVoorde, Mayor e' Presented: May 12, 1993 Passed: May 12, 1993 Omnibus Vote: Yeas 7 Nays 0 Recorded: May 13, 1993 Published: May 13, 1993 Attest: (c€ Dolonna Mecum, City lerk April 7, 1993 FINDINGS OF FACT ZONING AND SUBDIVISION HEARING BOARD CITY OF ELGIN I. SUBJECT Consideration of Petition 6-93 Requesting CF Community Facility District Conditional Use Approval to Permit Temporary Mining in Conjunction with Site Preparation for the Development of Public Recreational Open Space; Property Located on the East Side of South McLean Boulevard, South of U.S. Route 20, Commonly Known as the Elgin Sports Complex; by Road Materials, as Applicant, and the City of Elgin, as Owner. II. CONSIDERATIONS An application has been filed by Burnidge Cassell & Associates on behalf of Road Materials Corporation requesting CF Community Facility District conditional use approval for the temporary mining of limestone in conjunction with site preparation and completion of the Master Plan for the Elgin Sports Complex. The Elgin Sports Complex is located immediately south of the U.S. Route 20 Bypass, between South McLean Boulevard and the Elgin Mental Health Center. Ordinance G19-81 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 was passed by the City Council on May 13, 1981. That mining operation is expected to be completed this year and all stockpiles of gravel disposed of during 1994 . If the limestone mining operation is not approved, the original master plan for the Elgin Sports Complex will be utilized where the resulting park amenities complement those identified on the most recent plan developed by Burnidge Cassell & Associates . If the proposed limestone mining operation is approved, the mining operation and reclamation plan will faci;.itate the development of the Elgin Sports Complex Master Site Plan prepared by Burnidge Cassell & Associates, dated March 1992 and last revised August 1992 . Exhibit A -Page 1 - FOF6-93/TEXT040/ZON&SUB.DIV III. FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing on Petition 6-93 on March 7, 1993 . The petitioner testified at the public hearing. Proponents of the petition did not testify at the public hearing, and no objectors to the petition testified at the public hearing. Written correspondence in support of the petition has not been submitted, and written correspondence in objection to the petition has not been submitted. The Zoning and Subdivision Hearing Board has made the following findings with respect the Petition 6-93: A. Site Characteristics The subject property is located within the 400 acre Sports Complex. The north end of the sports complex is improved with softball fields, volleyball courts, and accessory parking lots . Portions of the property are being farmed, with the remaining property disturbed by the on-going gravel mining operation. B. Sewer and Water The proposed limestone mining operation will not utilize municipal sewer and water systems . C. Traffic and Parking Traffic generated by the proposed limestone mining operation will continue to utilize and will be limited to the existing haul road which accesses State Route 31 . Parking for employees will be located in the staging area at the south end of the quarry. D. Zoning History The Elgin Sports Complex was zoned CF Community Facility District in 1992 as part of the comprehensive amendment to the zoning ordinance. The gravel mining operation which is nearing completion, was approved in 1981 . E. Zoning Status The developing park facility is a permitted use in the CF District. The ongoing gravel mining operation exists as a lawful conditional use. r -Page 2 - FOF6-93/TEXT040/ZON&SUB.DIV F. Surrounding Land Use and Zoning The area surrounding the subject property includes residential, community facility, business and industrial zoning classifications . The area located to the north of the subject property is developed with single family residences . The area located to the west is developed with multiple family residences, commercial and industrial uses, and a municipal golf course. The area located to the south is developing with an industrial park (Fox Bluff Corporate Center) . The area located to the east is developed with the Elgin Mental Health Center. G. Trend of Development The subject property is being developed as a sports and recreation complex. H. Comprehensive Plan The subject property is designated "park and open space. " IV. RECOMMENDATIONS ellbk On a motion to recommend approval of Petition 6-93, subject to the following conditions : 1 . The mining operation and reclamation phases shall conform with the Limestone Presentation Report prepared by Road Materials Corporation, dated March 17, 1993 and the following mining operation and reclamation plans prepared by Burnidge Cassell & Associates for Road Materials Corporation: a. Mining Operation Plan - Option A (Sheet MP-1A, dated 1/93) . b. Mining Operation Plan-Option B (Sheet MP-1B, dated 1/93) . c. Phasing of Overburden Placement (Sheet MP-2, dated 1/93) . d. Final Landform in Quarry/Staging Area (Sheet MP-3, dated 1/93) . e. Finish Grade Sections (Sheet MP-4, dated 1/93) . f. Master Site Plan (Sheet MP-5, revised 8/92) . 2 . Gravel trucks shall enter and leave the mining area via State Route 31 only. rift -Page 3 - FOF6-93/TEXT040/ZON&SUB.DIV 3. Conveyors carrying limestone from the quarry shall be conveyors and production equipment shall be enclosed where practical. 4 . The haul road, parking and production equipment area, stockpiles, and mining area shall be treated with accepted methods to control dust during all phases of the mining operation. 5 . Blasting shall be limited to one sequence per day, between the hours of 10:00 a.m. and noon, Monday through Friday, using a multiple or rapid fire technique. 6 . The operator shall submit annual reports to the Park and Reclamation Board and the City Council describing the status of the mining operation and reclamation phases . 7 . All revenues accrued by the City of Elgin from the sale of mined materials shall be deposited in a separate fund for use in developing the Elgin Sports Complex. 8 . The temporary mining operation shall be conducted in strict conformance with all federal, state and located codes and ordinances . the vote was six yes, zero no and one abstention. Therefore, the motion to recommend approval of Petition 6-93 was adopted. Denise Harding-H..kins, Chair Zoning and Subdivision Hearing Board /ll��,_ ` . 4/4.4. •.• _ Thomas J. A'mstrong, Sec r to y Zoning and Subdivision Hearing Board -Page 4 - F0F6-93/TEXT040/ZON&SUB.DIV