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HomeMy WebLinkAboutCorrespondence .. ,,' e e STATE OF INDIANA _'~' ~ 1 . CARMEL/CLA Y ADVISORY BOARD_".O~~~'~\....'~,J"_,:....i .,./ ZONING APPEALS /,(~;~:;/ 4,:" DOCKET NO. 04040024 L/ RECF.!\/rn ! .;" . < r J.: '''::I~ ~ i I ~..- 1 I REMONSTRATORS' FIRST REQUEST TO TABLE r'\ [lOCS APPLICATION FOR SPECIAL USE COUNTY OF HAMILTON COME NOW William D. McEvoy, Larry J. Kane, Greg Polinka, Rex Weiper, Holland C. Detke, Phil Kincaid, and Kingswood Homeowners Association, Inc. (collectively, the "Remonstrators"), by counsel, and request that the Carmel/Clay Advisory Board of Zoning Appeals (the "BZA") table indefinitely the captioned Application for Special Use (the "Application") filed by Martin Marietta Materials, Inc. (the "Petitioner") on December 13, 2002, rescheduling the hearing thereon at a later time, and in support thereof state the following: 1. The Remonstrators entered their appearance as such and filed notice of remonstrance by United States mail on May 12, 2004. 2. The Remonstrators have recently been advised of the filing of additional materials by the Petitioner, Martin Marietta Materials, Inc., and are in the process of obtaining copies thereof and reviewing such materials for comment. 3. The Remonstrators have retained the services of various expert witnesses, each of whom needs sufficient time to review the new materials and prepare appropriate expert comments thereto. 4. There is currently pending before the Land Use and Annexation Committee of the Common Council of the City of Carmel (the "Council") an ordinance (the "Mining Ordinance") that would serve to regulate the aggregate mining industry within the city limits of the City of Carmel; however, that Mining Ordinance will not be finally adopted until after the May 24, 2004 meeting of the BZA and might not be adopted prior to the next scheduled meeting of theBZA at which the Application may be heard. 5. It is vital that the BZA not approve any special use for aggregate mining within the city limits of the City of Carmel until after the Mining Ordinance has been finally adopted by the Council and all challenges thereto have been resolved because otherwise the behavior of the Petitioner will be essentially unregulated, to the potential damage and prejudice of the Remonstrators and all persons similarly situated. 6. There have been several reports and letters issued by the Department of Community Services of the City of Carmel (the "DOCS") and its 1 . . . e e experts concerning the current operations being conducted by the Petitioner at its existing mining sites, including such issues as noise from mining and processing, vibration and noise from open-air and underground blasting, potential violations of federal and state laws regulating storm water drainage and the discharge of groundwater into surface water impoundments and the White River, potential dewatering of some of the water wells owned and operated by the City of Carmel, and excessive particulate emissions into the air. Most of these issues remain unresolved and it would be unreasonable to approve an expansion of such operation at a site nearer existing homeowners and involving many of the above issues without regulations in place to control the behavior of the Petitioner. 7. Many representations of the Petitioner with respect to its future behavior at the site of the applied-for Special Use and the design of the mining plan and reclamation plan appear to be inconsistent or inappropriate, and should be resolved to the satisfaction of the DOCS before being presented to the BZA for final consideration. 8. Because the Remonstrators have retained various expert witnesses, the Remonstrators cannot say at this time that their conclusions and opinions will be the same as those of the DOCS; therefore, the Remonstrators request that the BZA table the hearing . on the Application until both the Remonstrators and the DOCS have had an adequate opportunity to review and comment on the details of the Application and all of the various additional submittals made and to be made by the Petitioner in response to the many questions raised by the DOCS. 9. When the DOCS has completed its inquiry into the proposed activities of the Petitioner at the site of the proposed Special Use, the Petitioner has completed its final responses to such inquiry, and sufficient time has expired to allow the Remonstrators to complete their review of such responses, the matter will be ripe for determination by the BZA. 10. As evidenced by the correspondence by and between the Petitioner and the DOCS, and the delay in bringing this matter before the BZA without the other four applications that were filed simultaneously with the Application, the Petitioner has demonstrated an unwillingness to prepare and submit information deemed necessary by the DOCS for a full and fair hearing, thus indicating a lack of urgency on the part of the Petitioner; therefore, there is no reason to believe that the Petitioner will be prejudiced by the delay resulting from this request for tabling. In the event the BZA does not, on its own motion, table the Application indefinitely, the Remonstrators respectfully request a hearing before the BZA to determine whether or not an indefinite tabling of this Application is or is not 2 ~Ar:=-r Butler, Angelina V To: Cc: Tingley, Connie S Morrissey, Phyllis G; Pattyn, Dawn E; Babbitt, Pamela A; Hollibaugh, Mike P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Dobosiewicz, Jon C; Pohlman, Jesse M; Brennan, Kevin S Docket No. Assignment: (SU) Martin Marietta - Mueller Property South (#04050001 SU and 04050002 SU) Subject: Connie, Please print and fax this e-mail to the petitioner identified below and update the file. I have issued the necessary Docket Numbers for (SU) Martin Marietta - Mueller Property South. They will be the following: Docket No. 04050001 SU Docket No. 04050002 SU $630.00 (fee rate in 2002) $630.00 (fee rate in 2002) Total Fee: $1,260.00 Martin Marietta Materials - Mueller Property South Petitioner seeks special use approval to establish surface and underground limestone operations on 96.921::i:: acres. Docket No. 04050001 SU Chapter 5.02.02 special use in the S-l zone Docket No. 04050002 SU Chapter 5.02.02 special use in the S-l zone The site is located at the southwest comer of the intersection of East 106th Street and Hazel Dell Parkway. The site is zoned S-l/Residence - Low Density. Filed by John Tiberi of Martin Marietta Materials'l Inc. Petitioner, please note the following: jtjY'Q., \ La 1. This Item will be on the ~agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Thursday, June 3, 2004. Published notice is required within the Indianapolis Star. 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, June 25. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 4. The Filing Fee and Eight (8) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than Noon, Friday, June 18. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the Monday, July 26,2004, agenda of the BZA. 5. This Item will appear on the June 28, 2004 agenda of the Board of Zoning Appeals under Public Hearings. 6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheets for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot sheets must be collated. 7.) PETITIONER: refer to your instruction sheet for more details. Petitioner: please complete the followin!! items: 1.) Provide an up-to-date list of adjacent property owners from the Hamilton County Auditor. 2.) You may receive an additional review letter after the TAC meeting. Please contact Mr. Tiberi at _-_ (Fax: 573-5975) with this information. Once the file is updated please return it to my office. Also, fax a copy to Mr. ZeffWeiss of Ice Miller at 236-2319 (Fax: 592-4788) with this information. Thank you, Angie 1