HomeMy WebLinkAboutMinutes BZA 06-26-23 Grabow: Can the Petitioner walk us through the pictures that were provided?Is there direct access to the second
floor?Rocio Bonilla,property owner:Explains the photos of the exterior of the home, driveway, and backyard.
There's a separate staircase to access the second floor.
Grabow: What's the process of screening guests?Rocio Bonilla: We will target traveling nurses and screen each
our guests.Potasnik: Is it your intention to target your traveling nurse guests for a short amount of time or
maximum amount of time?Rocio Bonilla: It varies but we would rather have them stay for 30 days Potasnik:
Would the traveling nurses see their patients at this home?Rocio Bonilla:Never at this home.Potasnik: Does the
length of time request fall in-line with the UDO?Angie Conn: Short term residential rentals are defined as 30 days
or less per lease.
Hawkins: Does the second floor include a kitchen and living room?Rosio Bonilla:Yes, includes kitchen,
bathroom,dining,and living room.Hawkins: This seems like this is a double/duplex.Is this a zoning issue,then a
STRR?Angie Conn: If they were seeking to lease it out for more than 30 days,then it would be a potential land use
violation for a duplex unit instead of a single-family unit
York: Are you specifically targeting just to travel nurses,or would you allow others?Rosio Bonilla: We will target
traveling nurses. We will screen all of our applicants and make exceptions for families and others.
A Motion made by Grabow and seconded by York to approve Docket No.PZ-2023-00109 SE.
Tie 2-2,Hawkins,Potasnik,absent Dierckman. This item is automatically tabled to the next BZA meeting on
July 24, 2023, since the vote ended in a tie vote.
(SUA,CA)Martin Marietta-Mueller Property South Amendment.
The applicant seeks the following special use amendment and commitment amendment approvals:
4. Docket No. PZ-2023-00112 SUA UDO Section 2.03 Special Use Amendment.
I5. 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.
(SUA,CA)Martin Marietta-Mueller Property North Amendment.
The applicant seeks the following special use amendment and commitment amendment approvals:
6. Docket No. PZ-2023-00113 SUA UDO Section 2.03 Special Use Amendment.
7. 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.
Petitioner: Tim Ochs:
• This project dates back to 2005 when the first requests for sand and gravel operations were done. We are
requesting a minor expansion of the area to be mined.If approved this expands the life expectancy of the
operations.Presented a map of the proposed expansion areas of the north and south properties
• We met with the residents of Kingswood subdivision and had individual meetings with property owners.
We made agreements with the four property owners who are directly north of the northern expansion area.
• Presented the landscape plan. Our plan was reviewed by the Urban Forester.A landscaping mound with
tree plantings will be included along 106th Street and Hazel Dell Pkwy.
• The general concepts of the reclamation plan stay the same. They will follow the guidelines of the Indiana
Mineral Aggregates Association(IMAA).
• What is being proposed tonight is consistent with our 2005 settlement agreement
• When this is completed,the entirety of the property north of 106th will be given to the City of Cannel. Grass
and plantings will be made,and the correct slopes will be done prior to this. We will dedicate an additional
ROW along 106th Street so it is consistent with the 2023 Throughfare Plan.
• Present Kingswood Subdivision Plat, in 2009,an additional 60 ft was given in the rears of each Kingswood
BZA Meeting Minutes 6-26-23 3
lot that is directly adjacent to the north and west of the Martin Marietta property. An additional 90 ft will
now be given to these property owners in the rear of their lots.
• We are asking for amendments to the commitments: buffer size and location, landscaping and cleaning up
the site,ability to move dirt when needed,and the length of time
• Our commitments expired this October,and we are asking for an extension to Dec.31,2025
• We met with Mr.Yedlick on three separate occasions. He wants the water to come as close as it can and see
it as soon as possible. We tried to accommodate his requests,but the majority of the neighbors like what
they already have. For Mr.Yedlick's request,we would have to make the slope next to his rear yard a lot
steeper than the rest of his neighbors' rear yards,and that doesn't make sense to us.
Public Comments:
Tom Yedlick, St.Charles Place in Kingswood: The reclamation plan is not a minor expansion. It's a completely
new reclamation plan.When approval was originally granted for the expansion of Mueller North, it did not include
a reclamation plan. This plan is now retroactive. I would like to see a reclamation plan as a not one-size-fits-all.
Bernard Lally,Hunting Court in Kingswood: My property is directly east of the Mueller property.The property
owners along the north have different thoughts from us on the east side. We want a little more assurance of what it
is finally going to look like.
Timothy Powell.Cannel resident: I hope the roundabout at 106th and Hazel Dell happens one day so I hope this
proposal doesn't affect it.
Rebuttal to Public Comments: Timothy Ochs
• We are dedicating the ROW to the City so a roundabout will be constructed in the future
• We are happy to continue our discussion with the neighbors
• From our discussions,the neighbors want to keep it heavily wooded,except for Mr.Yedlick
• Presented cross section of current mining operations vs. when completed of the adjacent rear yards. 5 to 1
slope will occur from the rear property lines to the future lake when mining stops.
• We don't have the rights go within the 60 ft of the Kingwoods' rear private properties
Department Report: Angie Conn:
• This is currently being review by TAC and the Petitioner continues to address the remaining review
comments
• The Petitioner did a great job explaining their request to us
• Staff recommends positive considerations with the following conditions: addressing all remaining TAC
review comments,provide Staff with a copy of the recorded Commitments within 30 days,and completing
any agreed to dedications of street ROW under the settlement agreement
Board Comments:
Grabow: Any new curb cuts proposed,or any curb cuts removed with these changes?Tim Ochs:No.
Grabow: Does the proposed conveyance have no bearing on the limits of the reclamation area?Tim Ochs: They do
not. We already have agreements with the 4 property owners on the west side to include what happens in the 60 ft
and 90 ft areas. Grabow: Has the 60 ft conveyance area been impacted since 2009?Tim Ochs: To my knowledge,
tt has not been impacted. The tree and plant growth
Hawkins: When will the north area be completed?Timothy Ochs: No later than Dec. 31 2025
Hawkins: How long will the south area be completed? Timothy Ochs: We are adding 2-3 years to south.2028.
A Motion made by Potasnik and seconded by Grabow to approve Docket Nos.PZ-2023-00112 SUA,PZ-2023-
00090 CA.,PZ-2023-00113 SUA,PZ-2023-00091 CA.with the conditions all remaining TAC review
comments are addressed,provides Staff with a copy of the recorded Commitments within 30 days,and
completes any agreed to dedications of street ROW under the settlement agreement.
Approved 4-0,absent Dierckman.
BZA Meeting Minutes 6-26-23 4