G19-81 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