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HomeMy WebLinkAboutDepartment Report 06-26-23 18 of 21 CARMEL BOARD OF ZONING APPEALS REGULAR MEETING DEPARTMENT REPORT MONDAY, JUNE 26, 2023 (SUA, CA) Martin Marietta - Mueller Property South Amendment. The applicant seeks the following special use amendment and commitment amendment approvals: 7. Docket No. PZ-2023-00112 SUA UDO Section 2.03 Special Use Amendment. 8. Docket No. PZ-2023-00090 CA Instr. Nos. 200500006560 and 200500054117 Commitment Amendment. The site is located at 5345 E. 106th St., at the southwest corner of 106th St. and Hazel Dell Pkwy. It is zoned S1/Residence and is partially in the SFHA/Special Flood Hazard Area. Filed by Timothy Ochs of Ice Miller LLP on behalf of E & H Mueller Development LLC. General Info: • The Petitioner seeks approval for a minor amendment to prior Special Use approval and commitments. • This will be a minor expansion of a previously approved special use for mineral/sand/gravel extraction. • The special use has been approved previously and this is a minor expansion that will extend the life of the operation. All excavation will be at ground level (i.e. no blasting.) Any potential impacts will be managed by a renewed Settlement Agreement with surrounding property owners. • Surrounding land uses are mineral extraction to the north (Mueller Property North), Carmel Water Plant 1 & Fire Dept. Training Center to the west, Hazel Dell Pkwy and the White River to the east, and more mining operations to the south. • Prior related BZA docket numbers are 04040024 SU, 05060014 CA, 05090003 SU, and 08030032 SU. • The Mueller Settlement Agreement (2008-07-17) was previously approved in conjunction with this property and special use and will be updated and expanded in conjunction with this petition. • Please see the Petitioner’s informational packet for more detail on the requests. Special Use Amendment Request: • The Special Use Amendment request is before the Board because minor changes are requested to the mining plan and to the commitments. • The Unified Development Ordinance (UDO Section 9.09) states: “An approved special use may be expanded up to 10% of the approved gross floor area without obtaining further special use approval if the approved use or exception is continued in the expansion, if the particular building height, bulk, set back, yard, parking, etc. requirements are adhered to and if the proper permits for the expansion, such as improvement location permit, are obtained.” • In general, special uses shall be viewed favorably by the Board of Zoning Appeals, as listed in UDO section 9.09.A. (The Planning/Zoning Dept. is also supportive of this special use amendment request.) Commitment Amendment Request: • Amend the 2005 recorded commitments that go with BZA Docket Nos. 04040024 SU (and 05010021 SU) - o 1. General Operational Commitments (a) Martin Marietta hereby agrees that Commitment 1(a) set forth under Docket No. 04040024-SU is hereby deleted and the following is substituted in its place: Martin Marietta will develop a sand and gravel operation on the Real Estate to commence in 2004 and continue for approximately 3 to 20 years, depending on market conditions. Provided, however, that this permit shall expire 20 years from the commencement of sand and gravel extraction (2024.) Martin Marietta shall notify the Director ("Director") of the -Department of Community Services ("DOCS") of the City of Carmel (the "City") within seven days of such commencement. o 2. Reports and Permits (3) – replace old Exhibit B with a new Exhibit B. o 8. Buffers and Screening – Martin Marietta hereby agrees that Commitment 8 set forth under Docket No. 05010021 SU is hereby deleted and the following is substituted in its place: All buffers, screening and landscaping and screening will be completed and maintained consistent with the Landscape Plan Map, a copy of which is on file in the Office of DOCS. 19 of 21 Remaining Review Comments: • The Petitioner continues to respond to and address the remaining review comments from TAC (Technical Advisory Committee). Final Comments: • The Planning/Zoning Dept. is supportive of the special use amendment and commitment amendment. Findings of Fact: • Please refer to the Petitioner’s Findings of Facts included in the Petitioner’s BZA Info Packet. Recommendation: • The Dept. of Community Services (DOCS) recommends positive consideration of the special use amendment and commitment amendment, with the condition of addressing all remaining TAC review comments in ProjectDox, and with adoption of the Findings of Fact submitted by the Petitioner.