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HomeMy WebLinkAboutLetter for Salsbery Brother Landscaping, Inc. I€j I<RIEG I JEVAULT® WWW.KRIEGDEVAULT.COM May 16, 2023 Kevin G. Buchheit Direct Dial: (317)808-5820 E-mail: kbuchheit@kdlegal.com Carmel Advisory Plan Commission One Civic Square Carmel, Indiana 46032 RE: Docket No. PZ-2023-00014 PUD:Andrews PUD Rezone Dear Plan Commissioners: • Krieg DeVault LLP represents Salsbery Brothers Landscaping, Inc. ("Salsbery") which owns real estate located at 4305 and 4317 East 146th Street,Carmel, Indiana,46033. Salsbery has a decades- long history of legally operating its landscaping business from this location, which abuts the west line of the real estate under the referenced docket for the proposed Andrews PUD ("Andrews"). The purpose of this letter is to establish in the public record that Salsbery's business at this location predates all residential development in this general area, including Andrews,and that Salsbery will continue its operations from this location for the foreseeable future. Salsbery's landscaping operations generate, among other impacts, sounds, dust and odors, some of which extend beyond daylight hours and cannot be contained by individual real estate boundaries. Salsbery's business activities include, but are not limited to the following: • Multiple crews prepare and leave the facility every morning. During this time, trucks are loading various products (e.g., mulch, topsoil, stone). Air brakes and back up beepers are common on most trucks and other equipment. • Mulch vendors deliver mulch several times per day during the Spring, using a semi-truck that has a walking floor system to unload the mulch. The diesel engine of the semi-truck must throttle up to the necessary RPM's to operate the floor system correctly. • Topsoil is delivered several times per week with a tri-axle truck. The truck's tailgate slams up against the bed of the truck when delivery is complete,which creates a loud banging noise. • Gravel and stone products are delivered several times per week. This also creates a loud banging noise when the trucks have been emptied. • Trash pick-up service picks up dumpsters a couple of times per week. The diesel engines in these vehicles also must throttle up to operate the winch to empty the dumpsters. • Plant material is delivered by semi-trucks several times per week. These semi-trucks are unloaded by skid loaders during all hours of operation. • Stone Center trucks deliver wall stone and boulders several times per week.These trucks bring in their own forklift to unload the trucks. 12800 NORTH MERIDIAN STREET, SUITE 300, CARMEL, IN 46032-5407 T 317.566.1110 F 317 636 1507 Tr I11 MERITAS LAW FIRMS WORLDWIDE May 16, 2023 Page 2 • During winter storm events, salt is loaded into trucks from the salt bin,currently located on the east side of the property, adjacent to Andrews, during all hours of the day and night. Vehicles with back-up beepers and strobe lights will be in use during these operations. Salsbery also clears its property as snow accumulates. • Salsbery's operations center has security lighting that is on all night for employee safety and for site security. • Dust is generated by Salsbery's operations,and site dust may be picked up into the air on windy days. Prevailing winds in this area are generally from west to east. • The vehicle shop (mechanic) bay is located on the east side of the pole barn, on the side of the property adjacent to Andrews,and related sounds are generated by equipment like air tools and outside pressure washers. • Currently, 75 employees come and go from Salsbery's facility during peak season (March thru November). The above listing of Salsbery operations is representative, but not all-inclusive, and subject to change with the seasons and over time as business practices and customer needs evolve. Salsbery is a successful business and has endeavored to be a good neighbor as the vacant real estate around it has developed over time.Accordingly, Salsbery believes that it is important that, if the Andrews'PUD is approved, initial and subsequent Andrews residents are notified and made aware that a valued community business that generates sound,dust and odors predates and adjoins Andrews along its west boundary. Such notification should consist of more than this statement and be recorded (whether as a separate notification or included in Andrews'covenants and restrictions document) so it is discoverable through title searches associated with property transfers. Sincerely, Zto.:„. ley evah,- Kevin G. Buchheit Land Planner, Krieg DeVault LLP 9411 (5--- Tatum . Haney Partner, Krieg DeVault LLP On behalf of Salsbery Brothers Landscaping, Inc.