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Home My WebLink AboutCorrespondence Question? Page 1 of 1 Conn, Angelina V From: John Sosnowski [John.Sosnowski@martinmarietta.com] Sent: Wednesday, May 03,20068:46 AM To: Conn, Angelina V Subject: RE: Question? Angie, Thanks for getting back to me. I sent paper copies to all TAC members yesterday 05/02/06. The .pdfs were too big to send on networks. Thanks -----Original Message----- From: Conn, Angelina V [mailto:Aconn@carmel.in.gov] Sent: Wednesday, May 03,20068:40 AM To: John Sosnowski Subject: RE: Question? John: You can send two paper copies, or you can first email all tac members with a pdf, and also ask them if they want paper copies, too. Thanks, Angie Conn, Planning Administrator Division of Planning & Zoning Dept. of Community Services City of Carmel p. 317-571-2417 f.317-571-2426 aconn@carmel.in.gov From: John Sosnowski [mailto:John.Sosnowski@martinmarietta.com] Sent: Tuesday, May 02,20061:21 PM To: Conn, Angelina V Subject: Question? Angie, I am submitting drawings to the TAC committee. Some addresses have two recipients. Do I send two sets of plans or one? Let me know. Thanks 5/312006 Martin Marietta ~ Materials Letter of Transmittal To: Ms. Angie Conn From: Martin Marietta Materials Fax: Pages: Phone: Date: 5/2/2006 Re: Docket No. #06040019UV cc: \"\ MM S{ ,d.~ ~)..cL We are sending you: Specifications Prints Copy of Letter Meeting Minutes Sets Document Document Description Copies Date Number Site Plan MaD 05102106 Landscaping Plan MaD 05102106 These are transmitted as indicated below: DApproved BFor Your Review & Comment D For Your Review or Use [11iS Requested , 'I . AL..- ~U-e~f1oYL~' A~dL -c-----..--. ~ ? ~ I {{)tJVLJA pav~"J ~ ~ 0\J\VlJ . \ 'S'IVXV\ ~..~ - W ~. \oQ.~e O' \ CLltl--d ~ C o.-f>l riJ cJ - S ~ Jl{\ l DC CA5l1tin. 0'Vt ~ i4> rl a'V! [,'0 ..> ~JJ,H\lfj) .....".?~';\t6 I f \ \ \. ,.,,,^ ~"'\J\..;0 ,) ". .............- - . ~~._.~.> '- Message Page I of2 Conn, Angelina V From: Littlejohn, David W Sent: Friday, April 07, 2006 2:38 PM To: Conn, Angelina V Subject: FW: Application for Use Variance -- Martin Marietta Materials Inc. Angie, Connie has printed this and set up a folder. This e-mail was a Use Variance application for Martin Marietta from Ice Miller. Enjoy! David -----Original Message----- From: Henkel, Beth [mailto:Beth.Henkel@icemiller.com] Sent: Friday, April 07, 20062:05 PM To: Littlejohn, David W Cc: Weiss, Zeff A. Subject: Application for Use Variance -- Martin Marietta Materials Inc. Good afternoon, David. Zeff Weiss spoke with you this morning. As discussed, attached is a PDF of the application for use variance for 1980 E 116th Street, Suite 200, Carmel, IN. This application is to permit the conversion of the existing structures on the subject site into a scale house. Please also note that we do not have the adjoiner list back from the Auditor's office at this time but will file it as soon as we receive it. Please let me know as soon as possible if you will deem this application filed today via PDF and email. if not, we will hand deliver the application this afternoon. Thank you very much. Beth Henkel Ice Miller LLP Legal Counsel One American Square Suite 3100 Indianapolis, Indiana 46282-0200 317.236.2257 (desk) 317.592.4849 (FAX) tl!,~nkel@IG~m[~LGQm ******************************************************************** CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended, or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to 4/10/2006 U) u " ;.;,.~-.;r..;>;-. f ~-~ CITY'~~'~ARMEL JAMES BRAINARD,MAYOR ,March 31,2006 Mr. Zeff A. Weiss ICE MIltER LLP One Amerj~an Square Indianapolis, IN 46282 RE: Docket No. UV 23-02' -MartinMariettaMaterials, Inc., Carmel Sand Plant Dear Zefl': Iam,writing in response tQ,yourletter dateQ March 17,2006, regarding the potential use of the existingresidentialstnl'cture located adjacent to the sand plant property at 10851 Hazel Dell Parkway (Hazel Dell ~ouse), as a "sc,ale,house". Having thoroughly review~ the record associated withUV 23-02, I find no mention of a scale house operation in conjunction with the sanQplant application; project description; site and mimng maps, or meeting minutes. There appears to b~ absolutely no mention ora scale house or scale facility in the record, whatsoever. While I und~tand after speaking with you that a scale ho~se is a critical part of a nrining operation, and also understand your contention that the legal description submitted with the petition ultimately it:J.c1uded the subject $ite now targetedfor use as a scale house. However, without any specific reference in project file toa scale house, or use of the Hazel Dell ho~e, fQr a scale ho~e operation, I must reaffirm the Department's previo\lS determination that a Use Variance amendment will be required prior to the utiliZation of the' H~el Deli house for a scale house. Should ,you have questions or wish to discuss this further, please contact me at 571 2422. I , Y ouistruly, /VII Attachments Copy: John Molitor. :Angie Conn John Tiberi DEPARTMENT Of COMMUNITY SERVICES ONE CIVIC SQUARt, CAI~ME{', IN 46032 PIlONE 317.571.2417, F~ 317.571.2426 MiCHAEL P. HOLLIBAUGH, DIRECTOR CD o r-- L.a.ND -l'I-----f'I,.- I'IKI"01Y LK -~- Pl(AJTYUNE ~"""""-"'" +---- "':'" - DII[C1(W fllNIO "",0''''''",,", . ........ ....- r"'--- I-'-~-'-- I.C'--'~ CISIIOG....... :l 8;). :l: &!' If I" . "SlhsmEET t L..J \J OF) tAl([~TSfr.l n '. 1IlIUl!lIJl. lEU PB11'CJ-8 L '\ \ ..~:--1 """" .....1lIIlUT. "'" _1& ~ CIW"IOO SCALa U ~ ~ I~::.l.. " 'MXD r.RffX!ire I e: - <JP-r:ffi." :if,.\N lC>>tR A1.rxANlD ~ ~ I I KWCSWOOO !if1:: . 'Mm rnmc !We 1 PBIIPC1~ " n L. " ""''" .....MW1TA LWl _1& """"" ~18IWVAlIJI m~ '# -:1" PB 1I1'C~18 -, /""""""111I\ 1""""- , .... I ,- pf!16 PC l-~L.) !il:, t1.:- PH 18 PC 1-4 ,l~ ';1 kIHCS'JIOOO SfC , !JIll"" '""" IORIT' a'" .._"" lIILStC.l PC 102 i: ~ I~ ! f, 10111 STREET ::'-::==:::=:::==-1 IIUIUMIUUBI ::;;;:::;:;::r~-;;:;~IJ (WdMV<<TTAlWfJ _1OIlI1IlUIll "'MAllTTAUoW) ..#~ ,.;1-.,pfI''''''' ./ SITE MAP '-~ Schneider NORTII MUELLER SURFACE !dINE PLAN IdAP CLAY TOINSIIlP. IlAMILTON COUNTY. INDLOO - SEe 3 k .. T 17 N, R . E Project No. 3940.005 Onn BAD _.rUn Marle"_ Aggregat.. .M. 1980 E. 116111 Slroel, Carmel, IN 4ro:J~ L_~~~_~~____________________________J ~ - -_-- _ . - _ .'. _._ ,_ _ _ _ r _. _ ". - 0 ~;The ex~vation~f theSite'<\.vill r~f m lhe cfeation(jfa.lake. Most of the water ~cbllecte{fitithelak~ ~ ~ ~ .~ ~~<\vill be direct piecipitationand ,grbUndwatej)nfi1trati~hwitho11ly a mino~pontribution frOm surfaC~ ~~ ~ ~.runoff. d The 'maximumelevationofthelake will be controlled by~natural interaction with grQundwater:11tes~~d a:rid~velextnicti6n will }1ot.:,adversely'irnpact gr<>.undWater level~. ~ - - --- -- -- - - . - - - - -. --- - . - - - - -. .- - - - Martin Maiietu(;will:develbp asa,ndanqgravelextracti6n op~tionon the Site,-to~cotnID,ence in ~ l. · ,.,--- - -. -. -..". _ - - - '.-.'. .- - - . : ---0'""- ~ 2002 and,continuefot approXimately 14 years, depen:dirig on market conditions.- Th.e s~d and ~ , ~ gravetextraction )ViII cr~ate ~~ lake~ Reclamation of the Bit~. will invQlve ,creating lake. banks and p~~viding v~g~jati9ri.~surrO~~iJ;1g_tlielake. ~~~~ - , ~ -~ - -- r _ . - - . - -- -. .. - - -- '. ~ - - ~ ,,~ccb~f!ing to ;the, ~armel':Cla~~onlng,Ordinatic~, Mai1it1:Marieitai~~tequliyd to have amiri!mUJil. ,;. 25:Joot~widelaiidsc~edbJIffefyard along' the south'line of Kings wood andclliee~ line ofC~eh, n' ,el~yPark., Mar,tin Marie~haS proposed a1:iuffer ofl$Ofeet froIIl ~gsWood Subdiyisionan~ 100. ' "fee~,f{om Canne,l-:Clay .Park- to the s~aand graYelextiaction."Tbis~easlllill i1()fJ:j~used for~y . ..otheruSein conjl1n.ctionWith;$and 'and gravel extractioll, eX~eptreri1ovardf ove1-bUl<ienin ord~to ;~':.crea!e~lopes to ~ilake to b~'created, landscape 'perms, stQrage o(oyerburden for lan9scaping.. . .opurpos~?r the fo(the constructjon of visual barrierS~ and screening. ~disc~sedab?ve, Martm ~. . " ~, ,'~c .Marieft3,will,b.efore it, begins ,San.cl and gravel ex~tion, construct aiiapprC)x~tely' 8-fqot high'. '." -;','berm50 feet south of the entire sou.th line' of KingSwood. :Thereis an existing tre~line alorigthese ,', " ,'Qooo.daries,.~d thi$ willbc;: ~ti!iZed'~ part of the requiredlandscaJ>e buffenothe extentpemritted , by' tIle Depar~ent of COlmrmnityServj.ces and i~UrbanForester.Martin Mariett~ will prep~e anile; ~"catly out a landscape plan 'approved by~~Department of Commrinity:SerVices and ihiUrban c"-, Forest~ wi~ the 50 feet south of Kingswood and the 25 feet. east 'of C~eJ~ClaY' Park, in..,. 'accordan.ce~tljtheperiMeter buff~ard requlteIIlents of the ZonirigOrd~an.ce...~ . - - . - - --" _ - -- 0 -- _. _ . ,'As);and and,g.ravel extracti<?nprogr~ses,Martin Marietta will co~tru.cl a permanent bennat least,c.. ' 6Jeethigh along the north side of l06~Street. " , , . , , .,'2.4 ' - -~ Houfs, of Operation --. - .. .. - -- - - - -- - - - - - - "; ~ .overbtitd~n~~mQxlil.on' th.e Mu~ll~ProRerty .north. ofI06ti1~Sti~t slJ.all, be-cgmpleted31uting : daylight 'hoUrs (b'etweetFOne half hour after sUnrise and one half hoUr before' sun.set), during the". , , " ,,~onthsofc1'1ovembet through Marcht ~d onlyon'days oth~!h~ Sahlrdayor Stmday. Sanda1:1~ ',' .. "gravel eXttactioriwillbe:..~ol1ducted orily betwee.g: the ,hours' 6f6:00 ~.;iIi&1 0:00 P1yf,Mon~y~...~" .. ... through' s~tUraar, .exceiJO.nihe case-<!funusualcircUll1Stanc~s.'or 'iI!the 'event of speCIal ptojects"'c .' 'iequ4'ing greaterpr:oduction;and. theno:nlyafternotice to the D~~JPJ.eptof C01D.Ill\lriitY' Se:-hic~." lfi,slrhpoTtatlUondte that a:dredge~ has been dpercitingoo.derthese~onQitionS fotmanYye~.:oi1 ': "tb.ee~~ideofKingSwoQ{t.'Adfed.gegeherates'mHfimallIlolornoise:>-~', ",;".c . . - - < . - ~- DiSPQsitlOltil( Bn~dings,.etc. ; _0" 0 . - -__ . _,. '._ n__ __ . .. - - - - --- - - -. . . - - - - -- ": ~- -- - ~. - - - ~ - Within two (2} yeais -after the completion of reclaniatiQn of an area, Martin M~etta WillretIlove and dispose Qf all equipmerit, parts, machine, tools, and structures in that ar~a not compatible wiUIthe. . = _. --- _ ~ - - -. 3. _ _ ~. ,- ~ - - - - .. -- - . ;r~l3Illa#OJ1 pl~ Screening berms Will\J~re~~..t\ny unUsed overbur4enwillj)~ ~ld or removed = _ "". _ -_ _ _ 0..=_ -. -'..- - - =._-.- - _ _ - ~__ _ _ . . from the Site.. . - .. . MAl\TINMARIETTA'SCO~TMENTS . . Ii1 connection with its petitions'for-special use approval for 'sand and gravel extractionat).dfor.' 'V~~ces of development standarc:ls. for setbacks arid use for the_r~location oftheprocessmg plant;; ,~irvfartiriMaiiettahaSpropQsed nmltefoUS Writtencommitfuents; in ~cordable form,. enforceable by . _ . the City of Cannel. Among othe(~ngs, those commitments lln,p6se restrictions on operati,ons.as :.provicled. in this Plan. .~ cD ~ ICEt1ILLERl.L.p u LEGAL COUNSEL March 17, 2006 \VRJJEIts DuuicTNUIol8I!R: (3 17) 236-23111 DIRIlcrFAX: (317) 5111-478. bn1lIIEr. ZIlPF WlllU@lalMII.LI!II_OOM Mr. Michael Hollibaugh. Director Department of Community Services City of Cannel One Civic Square Carmel, IN 46032 VIA E--~: mboDibaugh@carmel.ib.gov RE: Martin Marietta Materials. Inc. - Carmel Sand Plant: Docket No. UV -2302 Dear Mike: This shall serve to follow up our brief discussion regarding the above referenced matter. We have reviewed our file and the legal description with respect to the property which was the _subject of the above referenced Docket. The legal description pertaining to this Docket is attached hereto as Exhibit F. I I I As you know, Martin Marietta is establishing its Cannel Sand Plant operation on this property pursuant to the variance granted last summer. As a part of the operation, it desires to utilize the existing single. family residence as a "scale house". This scale house will be used as an office for purposes of paperwork and general operation of the Carmel Sand Plant. We respectfully request that you review this situation and advise us as to whether you are in agreement that the use of this structure as a scale house, as part of the original application, is permitted under the above referenced variance. If not, please let us know what procedure you believe to be appropriate in order to obtain this approval. We are hopeful that you will find that the use of the scale house. because it was included within the property which is the subject of the above referenced variance. is in fact permitted as an integral part of the Cannel Sand Plant operation. I I I- t Thank you for your time and attention to this matter. Very truly yours, ICE MILLER LLP Zeff jI. WeISs Zeff A. Weiss ZA W/sd Attachments cc: John Tiberi (via e-mail) Yvonne Bailey (via e-mail) Wayne Phears (via e-mail) One American Square I Sulle 3100 I Indianapolis. IN 48282-0200 I P 317.236.2100 I F 317.236.2219 INDIANAPOLIS I CHICAGO I NAPERVILLE I WASHINGTON D.C. INDY 170S98Sv.l www.icemiUer.com ~ I (' ~ o i ,... , EXHIBIT F Surveyed Le281 Description o .- A part of East Half of Section 4) :rownship 17 North, Range 4 East, Hamilton County, Indiana, descn"b~ as follows:_ Commencing at a Stone found at the Southeast corner of said Section 4; thence North 89 degrees 55 minutes 44 seconds West along the south line of the Southeast Quarter of said Section a distance of 469.1 J feet to a S/8 inch rebar with cap inscribed "RS FIRM 00 18" on the west line of a 50.0 feet sanitary sewer easement as recorded inD.R. 270, Page 541, marking the POINT OF BEGINNING; thence continuing along the south line North 89 degrees 55 minutes 44 seconds Westa distance of822.89 feet to a S/8 inch rebar with said cap on the East right of way line of Hazel Dell Parkway; thence Northeasterly along said right ofway 343.10 feet along an arc to the right and having a radius of2201.83 feet and subtended by a long chord having a bearing ofNorth 17 degrees 41 minutes S6 seconds East and a length of342.76 feet to a 5/8 inch rebar with said cap; thence continuing along said right of way fornext 8 cow'ses; thence North 2S degrees 41 minutes 31 seconds East a distance of 293.37 feet to a 5/8 inch rebar with said cap; thence North 25 degrees 18 minutes 26 seconds East a distance of 408.46 feet to a 5/8 inch rebar with said cap; thence North 17 degrees 08 minutes 20 seconds East a distance of 312.87 feet to a 5/8 inch rebar with said cap; thence North 12 degrees 15 minutes 32 seconds East a distance of208.94 feet to a S/8 inch rebar with said cap; thence North OS degrees 53 minutes 20 seconds East a distance of209.1 0 feet to 518 inch rebar with said cap; thence North 09 degrees 21 minutes 39 seconds West a .distance of 158.27 feet to a 5/8 inch rebar with said cap; thence North 87 degrees 46 minutes 28 seconds East a distance of 13.37 feet to a 5/8 inch rebar with said cap; thence North 04 degrees 24 minutes 1 J seconds West a distance of314.77 feet to a S/8 inch rebar with said cap on the south line of a tract of land ClDTently recorded as Instrument Number 97-9710709; thence along the south line of said tract North 85 degrees 40 minutes 30 seconds Basta distance of 187.07 feettoa 5/8 inchrebar with said cap; thence along the east line of said tract North 04 degrees 19 minutes 30 seconds West a distance of 435.60 feet to a 5/8 inch Tebar with said cap; thence along the north line of said tract South 85 degrees 40 minutes 30 seconds West distance of 187.64 feet to a 5/8 inch rebar with said cap on the east right of way of said road; thence along said right of way North 04 degrees 24 minutes 05 seconds West a distance of 105.93 feet to a 5/8 inch rebar with said cap; thence continuing along said right of way North 04 degrees 32 minutes 56 seconds West a distance of 493.55 feet to a 518 inch rebar with said cap on the south line of a tract ofland cmrently recorded as instrument Number 9809811793; thence along the south line of said tract South 89 degrees 33 minutes 33 seconds East a distance of 579.90 feet to the west line of said 50.0 feet sanitary sewer easement; thence contiJiuing along said sanitary sewer easement for next 4 courses; thence South 00 degrees 04 minutes 31 seconds East a distance of 478.40 feet to a 5/8 inch rebar with said cap; thence South 60 degrees 41 minutes 31 seconds East a distance of242.38 feet to a 5/8 inch rebar widuaid cap; thence South 00 degrees 04 minutes 31 seconds East a distance of21 08.76 feet to a 5/8 inch rebar with said cap; thence South 45 degrees 04 minutes 23 seconds West a distance of 480.88 feet to a 5/8 inch rebar with said cap on the north line of a tract of land currently recorded as D.R. 270, Page 520; thence along said north line of said tract North 89 degrees S5 minutes 44 seconds West parallel with the south line of the southeast quarter of Section 4, a distance of 108.78 feet to a 5/8 inch rebar with said cap; thence along west line of said tract South 00 degrees 04 minutes 16 seconds West a distance of7S.00 feet to a 5/8 inchrebar with said cap; thence along south line of said tract South 89 degrees 55 minutes 44 seconds East parallel with the south line of the southeast quarter of Section 4, a distance of 56.05 feet to the west line of said sanitary sewer easement; thence along said west line South 26 degrees 46 minutes 47 seconds West a distance of 55.97 feet to the place of be ginning. Containing 53.582 acres more or less. ~ C.:.. \... ..... .......... c 0516 ~ I. . .. '" ~ ... \ V CD Q , \.. Record Le2al Descpntions Deed Record 186. Paie 80 A part of the Northeast Quarter of.Section 4, Township 17 North, Range 4 East, in Clay Township, Hamilton Comly, Indiana, described as follows: Beginning at the Northwest comer of the Northeast Quarter of Section 4, Township 17 North, Range 4 East, nm thence South 2928.6 feet to the Center of said Section 4, thence East on the South line on the Northeast Quarter of said Section 4, 1806.75 feet to the centerline of River Road; thence Northwesterly along the centerline of said River Road 2931.65 feet measured to the North line of said Section 4, said point is 1565.39 feet East of the place of beginning, thence West on the North line of said Section 4, 1565.39 feet Measured to the place ofbegitming, containing 113.2 acres more or less. A part of the West Half of Section 3, Township J 7 North, Range 4 East, and part of the East Half of Section 4, Township 17 North, Range 4 East, in Clay Township, Hamilton Comty, Indiana, described as follows: ~ Beginning at the Center of Section 4, Township 17 North, Range 4 East, thence South on and along the West 'line of the Southeast Quarter thereof 1167.06 feet; thence East 3650 feet more or less, to White River; thence \ meandering North and Westwardly in and along said White River 1890 feet, more or less, to a point 505.89 .. IIJ / feet Deed North of the South line extended of the Northeast Quarter of said Section 4, thence West 988.0 ~ feet Measured more or less to a point in the centerline of River Road; thence Southeasterly on and along said "" centerline to a point in said South line of said Northeast Quarter Section 530.00 feet; thence West on and ~~,:.:, along said South line 1806.75 feet to the place ofbeginnins, containing all 99.23 acres, more or less. 't..... \~\ Deed Record 208. Page 186 Part of South East quarter of Section 4, Township 17 North, Range 4 East, and part of Southwest quarter of Section 3, Township 17, Range 4 East run thence West on the South Section line of said Section 1530,36 feet to a stone; thence North 64 degrees and 42 minutes East 832 feet to a stone; thence north 68 degrees and 33 minutes East 790.85 feet to a stone; thence East 886.95 feet to a stone on East Section line; thence South on Section line 1488.31 feet to place of beginning, said parcel containing 40.79 acres. Begin at the Southwest comer of Section 3, Township 17, Range 4 East run thence North on Section line 1488.31 feet to a stone; thence East 997 feet to the West bank of the White River; thence meandering ).. Southwesterly down River 2014 feet to South Section line; thence West on Section line 106.5 feet to place ~ ~~ '\I ofbegDmiug. Said poroeI cootaining 29.76 ...... all in Hami1ton CoIlDly. Indiana. (", ,... INDSOI THE 492814vl -2- 0517 . .,.'. .....~....,I!I_'olo' ,. !:: ;: " , ; f , . i ~: !.. . "r""'~ \" ! ) '","..-~+"-.""~ ". '.~ .' .; f .,Exhibit F '. , , '\"" . .~...~ . 1 CJ i- -- -- ~ I i i 1 st paragraph ~ 2nd paragraph .....:.. ~._._...".~~..t....--..^-_... -.--''." .~~._..... ""'.._...... ..... ..... ....,.-;0... ..,.~.,.!_. ~. ecord Dee i 20~) 1 i ..,. ". . ..,....."./... . ,. f . \. '. .l~ ~.~~~~:; ,....<,..;>':~.~~ ,.~..~i,~~... ./ ==