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HomeMy WebLinkAboutDepartment Report 06-26-23 20 of 21 CARMEL BOARD OF ZONING APPEALS REGULAR MEETING DEPARTMENT REPORT MONDAY, JUNE 26, 2023 (SUA, CA) Martin Marietta - Mueller Property North Amendment. The applicant seeks the following special use amendment and commitment amendment approvals: 9. Docket No. PZ-2023-00113 SUA UDO Section 2.03 Special Use Amendment. 10. Docket No. PZ-2023-00091 CA Instr. Nos. 200500040447 and 2009039061 Commitment Amendment. The site is located at 10750 River Rd. (aka 10750 Hazel Dell Pkwy), at the northwest corner of 106th St. and Hazel Dell Pkwy. It is zoned S1/Residence and is partially in 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 minor amendment to a 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 by approximately 3 years. 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 Mueller Property South mineral extraction to the south, Gray Rd. Park to the west, Hazel Dell Pkwy and mining operations to the east, and the Kingwood neighborhood to the north. • Prior related BZA docket numbers are 05090004 SU (artificial lake, tabled indefinitely), 08080008 V, and 08080007 CA (related to 04040024 SU and to 05010021 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: • Proposed changes to 2008 commitments related to BZA Docket No. 08080007 CA - o 1. Buffers and Screening - (a) Martin Marietta hereby agrees that Commitment 1(a) set forth under Docket No. 08080007 CA is hereby deleted and the following are substituted in its place: ▪ A buffer area of approximately 110 feet in width will be maintained along the northern Mueller property line abutting lots 53, 109, 108 and 107 of the Kingswood subdivision. ▪ A buffer area of approximately 90 feet in width will be maintained along the remainder of the northern Mueller property line. ▪ A buffer area of approximately 65 feet in width will be maintained along the western Mueller property line. ▪ The position of these buffers shall be measured from the property lines as they exist as of the date of this commitment. • Proposed changes to 2005 commitments related to BZA Docket No. 05010021 SU - 21 of 21 o 1. General Operational Commitments - (a) Martin Marietta hereby agrees that the first sentence of Commitment 1(a) set forth under Docket No. 05010021 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 2005 and continue for approximately 20 years, depending on market conditions. Provided, however, that this permit shall expire no later than December 31, 2025. o 2. Reports and Permits - (c) – replace old Exhibit B with a new Exhibit B. o 6. Buffers and Screening – Martin Marietta hereby agrees that Commitment 6 set forth under Docket No. 05010021 SU is hereby deleted and the following is substituted in its place: (a) Buffer Size and Location ▪ A buffer area of approximately 110 feet in width will be maintained along the northern Mueller property line abutting lots 53, 109, 108 and 107 of the Kingswood subdivision. ▪ A buffer area of approximately 90 feet in width will be maintained along the remainder of the northern Mueller property line. ▪ A buffer area of approximately 65 feet in width will be maintained along the western Mueller property line. ▪ The position of these buffers shall be measured from the property lines as they exist as of the date of this commitment. (b) All 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. o The provisions of Commitment 8(d) shall not apply to the real estate located directly south of and within 150 feet of Lots 53, 107, 108 and 109 of Kingswood subdivision. o The clause “between the months of November through March (except as necessary to construct visual and noise barriers)” in Commitment 1(d) is hereby deleted. 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.