G81-85 ,.,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
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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
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