HomeMy WebLinkAboutPacket 09-27-04
Executive Summary of
Application for Board of Zoning Appeals Action
Special Use Approval Request
Mueller Property South
Sand and Gravel Operation
Prepared For:
City of Carmel -Clay Township
Hamilton County, Indiana
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Prepared By:
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September 2004
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Executive Summary of
Application for Board of Zoning Appeals Action
Special Use Approval Request
Mueller Property South
Sand and Gravel Operation
Prepared For:
City of Carmel- Clay Township
Hamilton County
One Civic Square
Carmel, Indiana 46032
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Prepared By:
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1980 E. 116th Street, Suite 200
Carmel, Indiana 46032
September 14, 2004
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TABLE OF CONTENTS
APPLICATION NARRATIVE
COMMITMENTS
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
FOR SPECIAL USE APPROVAL REQUEST
PLANS AND DETAILS
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Application Narrative
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MARTIN MARIETTA MATERIALS, INC.
MUELLER PROPERTY SOUTH
SAND AND GRAVEL OPERATION
1.0
INTRODUCTION
Martin Marietta Materials, Inc. (hereinafter referred to as Martin Marietta) is requesting a
Special Use Permit from the Carmel-Clay Board of Zoning Appeals for surface sand and
gravel extraction on a 96.921-acre tract south of 106th Street between Gray Road and
Hazel Dell Parkway in the City of Carmel, Hamilton County, Indiana. The property for
which Special Use is being sought is referred to in this application as "Mueller Property
South." Neither blasting nor processing is being proposed on the property. It is
estimated that the life of the project will be between three and five years. The exact
duration will depend on market conditions.
This application was accompanied by a detailed set of documents, studies, plans and
maps. The submittals included:
.
.
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Application for Board of Zoning Appeals Action Special Use Approval Request
(Dated December 2003)
Response to Requests for Information in Connection with Application for Special
Use Approval (Dated March 2004)
Construction Plan for Mueller Property South Sand and Gravel Operation to
Comply With 327-1AC 15-5-6.5 (Dated April 2004)
Response to Comments Provided During April 24, 2004 TAC Meeting in
Connection with Application for Special Use Approval (Dated July 2004)
Summary of Martin Marietta's Application for Special Use Approval to Mine Sand
and Gravel (Dated August 2004)
These documents have been reviewed and have met all criteria raised by the various
departments in the Technical Advisory Committee (TAC) process. Because of the large
volume of material that has been submitted, the Department of Community Services has
requested a summary of the relevant aspects of this project. This summary is not
intended to replace or supersede any of the underlying application, plans, or studies, but
will provide a convenient reference for understanding the overall project and aspects of
it.
2.0 BLUE WOODS CREEK RELOCATION
As a part of the proposed project, Martin Marietta is proposing to relocate a portion of
Blue Woods Creek. This creek is also a legal drain under the jurisdiction of the Hamilton
County Surveyor's Office, and is called the Moffit & Williamson Drain by that agency.
Currently the creek enters the Mueller Property South near its southwest corner and
exits the Property at its northeastern boundary. Martin Marietta proposes to relocate
2,650 feet of the Creek that flows across the Mueller Property South to the western and
northern boundaries of the site. The proposed relocation route is indicated on the Mine
Plan Map, attached. The relocated channel will have a 55-foot wide bottom and 3:1 side
slopes. The Surveyor's Office has requested that the bottom of the creek be lined where
it encounters sand and gravel, which is the majority of the relocation route. Martin
Marietta does not have a preference as to whether the Creek should be lined, and
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Mueller Property South
Sand and Grave. ()penltlon
MINE PLAN MAP
Scale
200'
-~
400' o.Johnmn
"'I.twm~
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"'1".200' "'TcfF"!
JOB. NO.
1602227
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understands from discussions with the City's consultants that the Utilities Department
also does not have a preference with regards to a creek lining. The material excavated
during the relocation will be used to construct berms along the northern and eastern
sides of the Mueller Property South.
Approvals for the relocation of Blue Woods Creek have been obtained from the Indiana
Department of Environmental Management (IDEM), the U.S. Army Corps of Engineers
(Corps), and the Indiana Department of Natural Resources (IDNR).
It should be noted that the magnitude of the Blue Woods Creek relocation requires
several months of lead time for project funding, bidding and implementation;
therefore, this may impact the exact sequencing of the sand and gravel mining
operations as these relate to the Blue Woods Creek relocation.
3.0 PROJECT OPERATIONAL PHASES
The following sections discuss Martin Marietta's the sequencing of the project.
3.1 Site Preparation
Prior to any earth-moving activities, appropriate erosion and sedimentation controls will
be in place to prevent sediment from leaving the subject property. Additionally, any
former cropland areas that do not have a permanent, dense vegetative cover will be
seeded. The specific erosion and sediment controls proposed for the site depend on the
sequencing of the relocation of Blue Woods Creek. Mining may occur on some portions
of the site prior to, concurrent with and/or after relocation of the creek, however the
appropriate erosion controls will be in place regardless of the sequence. For further
details please reference the Mueller Property South Sand and Gravel Operation Erosion
and Sediment Control Report (Dated June 2004).
3.2 Overburden Removal
Approximately five feet of topsoil and other non-aggregate material (overburden) will be
removed using equipment such as pans, front-end loaders and dump/haul trucks, or
similar equipment, in order to expose the sand and gravel deposit. Overburden will
either be used to construct permanent berms or removed from the site. Hours of
operation for overburden removal will be limited to the months of November through
March, Monday through Friday, 6:00 a.m. to 10:00 p.m., with no removal on Saturday or
Sunday during the project life. In order to complete the visual and noise barriers as soon
as possible, visual and noise barriers may be constructed outside the months of
November through March.
Seeding is a major erosion control measure during overburden removal and mining.
Seeding will occur regardless of the sequence of activities and appropriate engineering
measures will be taken to control erosion and off-site drainage while overburden is being
removed. Any disturbed areas that will not be active mining areas will be seeded as
soon as work is completed or final grade is attained. For further details please reference
the Mueller Property South Sand and Gravel Operation Erosion and Sediment Control
Report (Dated June 2004).
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3.3 Mining
The next phase after overburden removal is the extraction of the sand and gravel
deposit, which is approximately 26 feet thick. Martin Marietta will use typical dry bank
mining equipment such as loaders, backhoes and haul or dump trucks to mine the sand
and gravel. Specific mining activities and construction of erosion and sediment
structures needed for those activities are dependent on the sequencing of the Blue
Woods Creek relocation. The creek may be relocated prior to mining activities or mining
may start before or concurrent with the stream relocation. Erosion and sediment
controls for each of these two scenarios are provided in the Erosion and Sediment
Control Plan.
The physical limits of mining are set forth on the Mine Plan Map. The physical limits
control the area that can be mined regardless of the sequence of mining. A detailed
discussion of the possible scenarios can be reviewed in the Erosion and Sediment
Control Report. At its closest point, the northern most limit of extraction will be
approximately 1700 feet away from the nearest residential property line.
Hours of operation for mining will be 6:00 A.M. to 10:00 P.M. Monday through Saturday,
except in the case of emergency situations or when shipments are required to federally
or locally funded projects. In any case, this will only occur after notice is provided to the
Department of Community Services.
3.4 Material Transport
Trucks will transport raw sand and gravel material for processing to the existing Carmel
Sand Plant operated by Martin Marietta. Trucks will enter and leave the Mueller South
Property using existing access points for the quarry operations south of 106th St.,
referred to as the North Indianapolis Operation. These access points are located off of
96th Street, Gray Road, and the Carmel Concrete access drive on 106th Street. The
River Road access point on 106th Street will not be used to transport materials and will
only be used for berm and stream maintenance. No new access points are proposed in
the application.
3.5 Reclamation
Once mining operations are complete, the site will be reclaimed by grading the side
slopes at a 3: 1 grade (horizontal to vertical) down to the pit floor. A minimum of six
inches of topsoil will be spread on the pit floor during reclamation. If adequate topsoil is
not available from on-site storage piles, topsoil will be brought in from an outside source.
The site's side slopes and pit floor will be permanently seeded in accordance with the
seed mixes outlined and detailed on the Reclamation Plan Map provided. Collection
channels will be developed at existing low spots on the pit floor to control and direct
surface and groundwater flow to the existing water system at the North Indianapolis
Operation. This will allow for dry pit conditions for reclamation at the subject property.
The site will be maintained by mowing the grass on an appropriate schedule. The
grasses, trees, and other vegetative materials were expressly reviewed in the T AC
process and changes made by Martin Marietta at the request of City staff.
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)I~ ~~~~~~?'PI~H~~~LST WILL BE DEVELOPED
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/:! i7$i,~,:- '~IS'1,'"'tL~~"',","ED ~,~~' ON ,en'" ON.e~~~~&'''' '"
, I 0 ([1. '" '" CON,,~g.'i 1'6'. '"' ,n ~ci6't'\,.~~""'" ~~~~""'LL
/ \ v I rJ , SEE S"En S Of ,"IS ''''''OSED "CL~~ TI'iii'w co,
~ 5 ALL PROPOSED C 6 FOR SEEDING REOUIREI.lENTS
~ ~_S~'r~I~I~UM OF 6 :;:~: ;~VAnONS ARE APPROXIMATE
~ ~ AVAILABLE ~~INOGN R~CLAI.IAnON 1;C~~?r1 WILL BE SPREAD
Jill '" ,,<ow '" DU"oi's~:~tGE 'm m~i~~O~1f"~:S :'~G"'
M.rtln MarIettII MatwI..... tN:M
s.~:-~= o"roperty South
rave' OpenItlon
_ftRECLAMATION PLAN MAP
400' <1~.:= ~ JOUQ
"200' "'T5t:"6 1602227
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4.0 OTHER ENVIRONMENTAL AND AESTHETIC CONSIDERATIONS
The following sections discuss Martin Marietta's plans to address additional
environmental and aesthetic considerations.
4.1 Screening and Buffering
A buffer area of approximately 330 feet in width will be maintained along the south side
of 106th Street, which will contain the relocated Blue Woods Creek, a berm
approximately 19 feet in height adjacent to the southern right-of-way line, tree plantings,
and a six-foot high chain-link fence. The 19-foot high berm will provide the necessary
visual and noise barrier as well as screening for 106th Street.
A seeded berm of approximately 15 feet in height and a six-foot high chain-link fence will
be constructed along the western boundary of Hazel Dell Parkway. The 15-foot high
berm will provide the visual and noise barrier as well as screening for Hazel Dell
Parkway.
Berm construction is detailed on the attached Mine Plan Map. Berm side slopes will be
3: 1. Tree and planting details are shown on the Landscape Plan Map, which has been
reviewed and approved by the City of Carmel's Urban Forester.
As mining activities commence, several areas of the site, including the 330-foot buffer
and portion of the berm along 106th Street, are to have trees planted and/or grass seed
(prairie or domestic varieties) applied. The areas of seeding are indicated on Figure 3 of
the Mueller Property South Sand and Gravel Operation Erosion and Sediment Control
Report. During mining operation, seed will be applied as soon as final grade is attained
in these areas.
4.2 Air Quality
Sand and gravel operations are regulated under the federal Clean Air Act and applicable
statues implemented by the Indiana Department of Environmental Management. The
Mueller Property South Sand and Gravel Operation will be subject to all such
regulations.
4.3 Hydrology
Martin Marietta continues to work closely with the City of Carmel Utilities Department
and their consultant - Wittman Hydro Planning Associates (WHPA) to review any
potential impact of this project on the City of Carmel's wells and water distribution
system. Based on an ongoing exchange of information, the City's consultant modeled
the project's impact on Wellfield No. 4 and found no significant impact. To insure the
continuing safety and productivity of this water supply, Martin Marietta has voluntarily
proposed a program to monitor water quality. The City accepted Martin Marietta's offer
and supplemented our program with additional requirements and has created its own
monitoring program that Martin Marietta has agreed to follow. This combined program
substantially exceeds regulatory requirements applicable to the City.
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Key Map
SCALE: 1"" 4000'
PERMANENT SEEDING (NO.IS MIX, WEAR AND TEAR
AS PRODUCED 8Y THE INDIANA SEED CO.)
sPECIES
""fE/ACRE
2~" Omnl P~...nlol R)"! Crg..
20~ P~r....nlal R)'O Gron
J511 KyBlue Gron
Note: ....11 Disturbed Areos To Be Vegetoted Where Seed MI.ture Is Not
Sp,",clfled (Such ...s Berms) Are To Be Se..d..d With Perm<lnen\ S....d MI.
TREE AND SHRUB INSTALLATION SPF"CIF'I<'":ATlONS
......TERI~IltOUlflOlEN15: ThtrMapK...lhot",.elobeuM<lsnollw
os sIlown on tho plan. (.... LANOSCM'E BIlFfERrAAl) fD,oPLAfE (300
lYPICAL)) below. The material ....""1<1 consiot or <l J Of ~-~oIlon contolner
.Ioc>., The mlnrnum collper of ...,ell Ire<> oholl be O.75-lnch. The
mnlmum heiql>t 01 "od> tree oIlall be 5 lHt The numl>er of ,,<lei> Vfl!
_cl...tob..plonl<<l....oIIl>eo.........""th..pI""..Th.ohrubopecle.
thol or.. 10 b<! uled!llhdl be 01 ""0.... on the pi"".. The ml"llrnum c.np....
ofeoch ohrub""oIl be O.2!>-nch. The minimum helgnl 01..0<:" ""rub "'011
b" 21...t. Th. numb"" ol..o<:h ."",b O(>l<:IU to be plont*<l "'011 be 01
"'own .,., t~" pi"".
PlAIlTING INSTSRUCTIONS, PI""t;ng zone. shall be .t".oM In I~e f~d Gnd
l~e locolions '''.....e4 ~l~ l~e O>on..... SlorG'i' 01 \I1e... plant. .11 be In G
"......d<rlpl,,".unlllhdgylney"'.I..b<rplanlcd, Woodypl""t.m<ly
~~.P~~gd :dP=t;~d :,~.qr~~~::~.n~::I:~ ~et,~~<I~ ="1.1~
ond Augult LGt.... oIO/ltlngl moybe mode up.,., ""proO<lI unde' e.lenuotlng
~~:r~:~~:~.:.~Er:':~~~~~~~~=S~~,~~..r.tE. I~e 1
~e pl""lng I"oce"'..e ...". be perl""""'" n such " m......... InGI I~e lop .
GI In.. ,001 "011", 01 the 01",,1 I, no mor. In"" 1 inch belo. I~.. qo'<>Und !!
""'G"e. AIle' the plGnllng ~oIe I. bockftlled. the S(ll tholl be l<:nIped 10
eHml/lGte <II' pode,". No eupplemenl<ll mulching or lertlll"tl"" .~I be
''''Iuo--ed, Seedling. sholl be plonlM In the .""e. Olltol<*<Il/\ Ih" I"'d.
Th. tpocLrlg 01 the plonUng. thGII be <II "'own an I~e plan., Species oIlall
be pt.gnled n 0 "",don> ord..... "ot .. ro... bo>l .. a n<ll...eIl OW.......g
p<lllem .it~1n the proper plonlLrlg .""e.. .. siluati"". ........e <>qq'e......
"",edo I~......t"" 10 .e><e<ely "OII'"Il"'te "';\1> \...e '''''''..go. spol ~ertllclde
opplk:ollon. may be <lppl~d 00 <>P!>'oved In <>I'del' t<l redue. ."eel
competition
RASIC PRAIRIF ~Fm MIX FOR PRDPO!;F'D
PRAIRIE SEEDING AREA (SEE LEGEND)
PERMANENT GRASSES'
BOTANICAL NA~E
AndropOljonscopo,I\l.
Boolelouocuftipe-ndulo
EI)01'lusconoden.io
KoeIerlocrl.lota
Sorghastrum nulans
Sporobolushelerolepl.
TFMPORARY GRA<;c;F<;
BOT...HlC"'LN...I.lE
Avenosollvo
Lolium mulllfto",m
.EQ.B.6.S.;.
BOT...NlCAL N...I.lE
Am""JIhocanesoe-ns
...nemone c)'lindl"ioo
...scleplas Incomota
Aster erlcoldu
....le,loe",.
...sl....no"".-onqli<Mt
Ca~sia lasclculola
Coreopslslrlpleris
Echnaceo purpu,e"
Eryngium )'Joclfollum
HeHanthu. mollls
H~;opsus helionthaldel
Le.pedno cap;talo
Uatrlo 'Plcolo
~~~~~d~~~~~I~SC:)'O
P)Cnanlhemum ...rglnianllm
Rotlbldop..nolo
Rudbe<:kiQhirta
$olld040.l,,"cea
Vemonla alllnlmo toenlotrlcha
BASIC PRAIRIE SEED MIX
Temporary Gra~~es
Tot,,1 Weight
1/4 to 1/2 In
1/4 to 1/2 in.
TEMPORARY SEEDING
COM~ON N...t.4E
Little Blue Stem
Side Oats Grama
PrairieWlldRyt'
,k,neGross
Indi"n Gross
ProlrleO,opS.ed
CQI,oIolONN",l,lE
Seed Ooh
Annual Rye
CQl.llol(lNN",l,lE
~:::::~:~d
~:~~p ...~;I;;eed
Smooth Blue Aller
N..Enqlond"'ste'
ParlrldgePeo
TolICareopois
PurpleConeflo..e'
RotU..",o.el.loster
Do..nySllnflo..e,
rOlseSuntlo.er
Roond-HIl<>d Bush Clo.......
loIorshBlozingSlor
PrOI,ieBlo.lngSta'
P'aide Be'9amot
Common !.loontaln ~;nl
Yello..Conetlo..er
Block - Eyed Sulan
(orIyGold""rod
HalryToIllron..e..d
1/4...CREt.fIX
R"'"IE/ACR(
100lbs
12"
r NO
~ Trespassing
l YlOUTVUWlLUE
~OSECUT~
TYPICAL SIGN DETAIL
NOT TO SCALE
2.751bo
11011/2 In
9/151010/30
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1/4 10 1/2 in
1/4 10 1/2 In
l'Itleal 0' Rye
3/1 to 4/1:1
1/4 In
3/1 to 5/1
({f\/UU (
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SprlnQOots
"'nnlloIR),!Qross
SudooQrosl
8/1 to 9/1
. Perre-niol Specie, !.loy Be U,ed"',,, Temporary Co..e<. Especially If The Area
ToB"~ededWllIR""'olnldleForl.loreThon" Year
,. Seedln<;J Done Outside The Optimum Dole, Increase, The C~ance Of Seeding
Failure
~/1 to 6/1
5/1 to 7/30
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~rllnJ' \'
~1::'~Oriett9~' I
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,-ef~. ~:,
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TYPICAL CROSS SECTION CC-CC'
SCALE: r .. 50'
9rJ8
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PROPOSED 10' 6 PROPERTY LINE
WALKING PA,"~
EDGE OF E. 106TH ST
PROPOSEO 15' - - - - - - - - -.-y RIGHT-OF-WAY LINE
CO",", """'.0 ~- - - - = 4
-- . ~__' '--.:.:..15'
ENLARGEMENT X
SCALE: 1" = 40
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I. THE PROP(RTYUNE INFOIl"....TION PQRTRMED ON THISl,IAP IS A1-l APPROlllolATE
RrFRESENUTIOO BASED 00 D.o.TA PRO>lDEO ffiOlll THE H"'IIlILTOO COUNTY GIS
D[PARTLlENT AtlD PROPERTY 80UNDARY SURVEYS ,OR THE E. & H, UUELLER
DEIofl.CIPlIlENT LLC. PROPERTIES
2. ElOSnHG CONTOURS SHO~ ON .ou PlAN "'APS wERE E~m"'CTED FRCIol Tl1E
H"'-llt.TON COUtH'YClS OEPARTlolEtH, THESE CONTOURS "'U NOT RrF1.ECT CUPRt:NT
COtmmONS.ESPEClAU.Y~IIECENT"'INlNG AMAS
J. AU.PROPOSEtl CONTOUR ELEVATIONS ARE APPf!OlO"'ATE.
4. CCUECT10N CliANNnS Mu. BE DEVELQP(D AT EXISTING lOW SPOTS ON THE PIT
Fl.OOOTOOlFrtCTSIJRf''''C[ANOGROUNO......TERFl.OWTOTHEEXlST1NGNoPTH
INOlAN"'POUS OPERAllON. CHANNEL LOC...TIONS Sli(l'M.I ON DIIAMNG AilE FOIl
ILLUS1R...fl~PU"POSE:ONLY,ACruALCHANNELLOCATlONSMu.BEflELO-DETER'MINro
BASED ON tlA1\JRAl. Ol<AINAGE THROUGH ElOSTING LOW SPOTS ON THE PIT FLOOR
THIS 'MLL ALLOW FOR DRY PH CONDITIONS FOR THIS PROPOSED RrCLA"'ATION
$, THE 100- YEAR Fl.OOO ElBiAT10N Mu.BECOtH....NE:OMTHlN THEBANKS~
THE RElOCATED BLUE"IIfOOOS CREEl\.
6, "''''INIIoIU'''0I'6INCHES~TOPSOILMlL&SPREAllON-S1TEOURING
;~~A~~, 8t ~~~~1fN T~~~S ~~tr~~~ IN ON-SITE STOR"'GE PILES.
7. IN CONSUlTING YoITH kHO'toUDGEABlL PRonSSlON"'LS. "'ARTIN "'A"IEn...
UtlOERSTANOS TH"'T 8UR..NG ~ THE PRAIRIE GRASSES IS A GOCO WAIN'fDlANC[
"'ETHOO. HOWEVER.OtJET0Tl1ELARGEARrA(61.4J"'CRES)~PFI""RIEGRASSES
"'NO THE RESULTING SUOkE. UARTIN ~"'IIIEn", RECWWENDS 1oI0\\lNG THE GR"'SS
EVERY OTHER YEAR 'MTH THE flRST lolOMNG TO OCCUR TWO YEARS AfTER FULL
GROW1H H"'S BEEN ESTABUSHED. BffORE THE SECOND 1ol0WlNG IS DUE TO OCCUR.
THE SCHf:OOLE SHcu.o8E EVALUATED TO SEE IF A DlFfElIENT WOVllNG SCHEDULE IS
APPROPIllATE.
CooE CouuQN NAME SCIENTIFIC NAt-.AE SPACING TOTAL
SH Shodemoster Hone ocust 20' O.C 43
TT Tulitree 20' D.C. 42
SO Bur Oak Ou~cus macracar. a 20' O.C 42
RO Red Oak Ouercus rubra 20' O,C 43
PM P , k Mo I , d 20 O.C.
AH American H nbeam or inus caroliniana 20' Q,C 71
RB cis can ns/s 20' O,C 71
WH Witch-hazel Hamamelis vir imona 75 OC 3B
Rh 7.5 O,C.
NS 75 OC
l.EWlll
I:: : : :JEKlsting Martin Uarietta Mine
Mueller Property Boundary
--- ---- -- EKisting Rood
- - - Existing Rivers. lakes. ond Streams
-----Mueller South Permit Boundary
----- Right Of Way Line
- - - - - Proposed limIt of Edroction
Relocoted Blue Woods Creek
Setback Area
Berm (to be vegetated ...ith Permonent Seed MiK)
h " " 'I Proposed Prairie Seeding Area
------------------- E~lsting Contours
Proposed Contours
:~ Proposed 10' Walking Poth
Proposed 15' Landscape Bufferyord
PlANTlNGPFIOCEDllRES, See Planll'lg Oelall 01 botlom eenl....al_..~
PROPOSED 15' LANDSCAPE5c~~.F:.~~:ARD TEMPLATE (300' TYPICAL)
NOTE: THIS TYPICAL LAYOUT WOULO BE
APPLIED OVER THE ENTIRE 4256' LENGTH
OF THE LANDSCAPE BUFFERYARD PLANT LIST
8, SlXTYPERCENT(6~)C#'THE mEES TO BE PlANTED ARE TO BE BALlEO AND
~~~LAP (6&:ll) (2\- S1ZE:), AND FOOTY PERCENT (WlI) ARE TO 8E SEEDLINGS j""
sa !lC-V1W, T.o.BU: 0
fOIl l'l:"".OMG
IbrtIIt ..... .....w.. tnc.AA
Mueller Property South
Sand .nd Or..e. Operation
ARIES
.J
TREE PLANTING DETAIL
NO SCALE
LANDSCAPING PLAN MAP
SLOPE PLANTING DETAIL FOR
DECIDUOUS AND EVERGREEN TREES
NO SCALE
SC'Jle
200'
400'
D../otinH:In 5f25I04
"'G.WlIllllms "'1"=200 60F8
~.~
160""
0'
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4.4 Noise
Noise impacts on the subject property will be minimal. All plant processing will be done
at the existing Carmel Sand Plant, which will not result in any processing closer to
existing residential areas. Sound levels at the subject property will meet any applicable
noise standards. A Sound Level Assessment for the proposed operation was completed
by an independent consultant on behalf of Martin Marietta and submitted to the
Department of Community Services. The City's consultant, Spectra, stated at the last
hearing that it had reviewed the study and was in general agreement with it. The results
of the study indicate that there is no adverse impact on any surrounding property as a
result of the proposed operations. This conclusion applies to both day and evening
operations. For further details please reference the Sound Level Assessment Mueller
Property South Sand and Gravel Special Use Application (Dated September 2004)
4.5 SpiJI Prevention, Control and Countermeasure Plan (SPCC)
Martin Marietta has submitted a certified SPCC Plan to the City of Carmel that
encompasses the subject property as well as its existing North Indianapolis operation. It
should be noted however that no fuel oil, oil, waste oil or gasoline will be stored on the
subject property. Trash generated at the project site will be placed in on-site dumpsters
and periodically removed by a qualified contractor to an approved landfill or waste
disposal facility.
5.0 SUMMARY OF MAJOR SUBMITTALS (maps and studies)
Area Map (Dated March 5, 2004)
Zoning Map (Dated March 5, 2004)
Mine Plan Map (Dated April 26, 2004)
Reclamation Plan Map (Dated April 26, 2004)
Landscaping Plan Map (Dated May 25, 2004)
Cross Section Map (Dated March 5, 2004)
Groundwater Elevation Map (Dated February 10, 2003)
Operation Time Line (Dated March 17,2004)
Property Value Study (Dated January 30,2003)
Erosion and Sediment Control Report (Dated June 2004)
Sound Level Assessment (Dated September 2004)
Commitments to the City of Carmel (to be submitted)
Commitments
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MARTIN MARIETTA MATERIALS. INC.
MUELLER PROPERTY SOUTH
SAND AND GRAVEL OPERATIONS
STATEMENT OF COMMITMENTS
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE
MADE IN CONNECTION WITH PETITION FOR SPECIAL USE PERMIT
Martin Marietta Materials, Inc. ("Martin Marietta"), makes the following COMMITMENTS concerning
the use and development of that parcel of real estate located near the intersection of the southwest comer
of 106th Street and Hazel Dell Road, in the City of Carmel, Hamilton County, Indiana, which is more
particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Real
Estate").
Statement of COMMITMENTS:
1. General Operation Commitments
(a)
Martin Marietta will develop a sand and gravel operation on the Real Estate to commence
in 2004 and continue for approximately 3 to 5 years, depending on market conditions.
The hours of operation regarding the extraction of sand and gravel will be 6:00 A.M. to
10:00 P.M., Monday through Saturday, except in the case of unusual circumstances or in
the event of special projects requiring greater production, and then only after notice to the
Department of Community Services.
(b) Overburden removal shall be completed during the hours of 6:00 A.M. to 10:00 P.M
between the months of November through March (except as necessary to construct visual
and noise barriers) and only on days other than Saturday or Sunday. Martin Marietta
shall conduct all operations, including overburden removal, in manner so as to reasonably
minimize noise, dust, and light impact on surrounding properties.
(c) Martin Marietta will be requesting approval from the Carmel City Council that the
existing right-of-way associated with River Road, as located on the Mueller Property
South, be vacated once relocation of Blue Woods Creek is completed.
(d) Martin Marietta will seek necessary permits to demolish the buildings located on the Real
Estate within 6 months ofthe approval of its request for a Special Use Permit for the Real
Estate.
(e) The relocation of Blue Woods Creek will be in accordance with the Blue Woods Creek
permit approvals. Martin Marietta will provide as-built plans to appropriate parties
following the relocation construction. Martin Marietta will provide monitoring reports to
appropriate parties following construction of the relocation. A copy of the maintenance
agreement will be provided to the City of Carmel Urban Forester, Building
Commissioner and Department of Engineering.
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(f)
Martin Marietta will dedicate or cause to be dedicated a forty-five-foot half right-of-way
for East 106th Street (Secondary Arterial) following approval of its request for a Special
Use Permit for the Real Estate.
2. Buffers and Screening
(a) A buffer area of approximately 330 feet in width will be maintained along the south side
of 106th Street from the southern right-of-way line which will contain the relocated Blue
Woods Creek, a berm approximately 19 feet in height adjacent to the southern
right-of-way line, tree plantings, and a 6-foot high chain-link fence. The 19-foot high
berm will provide the visual barrier and screening from 106th Street.
(b) A seed berm along the western boundary of Hazel Dell Parkway of approximately 15 feet
in height and a six-foot chain-link fence will be constructed. The IS-foot high berm will
provide the visual barrier and screening from Hazel Dell.
(c) All landscaping will be completed consistent with the Conceptual Landscaping Plan Map,
a copy of which is on file in the Office of the Department of Community Services.
3. Environmental
(a) Sand and Gravel operations shall be conducted in conformance with the Federal Clean
Air Act and applicable statutes and regulations implemented by the Indiana Department
of Environmental Management.
(b)
Martin Marietta shall maintain an approved Spill Prevention, Control, and
Countermeasures (SPCC) Plan for this facility, a copy of which is on file in the Office of
the Department of Community Services.
(c) Martin Marietta will maintain an approved Stormwater Management and Erosion and
Sediment Control Report for this facility, a copy of which is on file in the Office of the
Department of Community Services.
(d) Martin Marietta agrees to utilize strobe safety lights on all of its equipment instead of
back-up alarms in the event of truck traffic after dark; provided, however, that all such
safety measures shall conform to then existing laws and regulations and safety standards,
with regard to back-up protections.
4. Reclamation
(a) Martin Marietta shall reclaim the Real Estate as an open area with (i) slopes no steeper
than 3 to 1 and (ii) domestic grass coverage of not less than 80% per square yard on all
side slopes. A minimum of 6 inches of topsoil will be replaced in the areas to be
seeded/planted. A concurrent reclamation plan will be employed to the extent possible.
(b)
All reclamation shall comply generally with the reclamation guidelines adopted by the
Indiana Mineral Aggregates Association and will be completed consistent with the
Conceptual Reclamation Plan Map, a copy of which is on file in the Office of the
Department of Community Services.
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(c)
Martin Marietta will provide a reclamation bond payable to the City of Carmel in an
appropriate and reasonable amount to assure reclamation as described in the application
for Special Use. This bond will be kept in full force until Martin Marietta completes the
reclamation of the Real Estate.
These COMMITMENTS shall be binding on Martin Marietta and other persons acquiring an interest in
the Real Estate. These COMMITMENTS may be modified or terminated by a decision of the
Carmel/Clay Advisory Board of Zoning Appeals made at a public hearing after proper notice is given.
COMMITMENTS contained in this instrument shall be effective upon the adoption of Approval Docket
No. 04040024 SU by the Carmel/Clay Advisory Board of Zoning Appeals and shall continue in effect for
as long as the above-described parcel of Real Estate remains the subject of the Special Use Permit issued
in said Approval Docket No. 04040024 SU or until such other time as may be specified herein.
These COMMITMENTS may be enforced jointly or severally by the Carmel/Clay Advisory Board of
Zoning Appeals and/or the City of Carmel- Department of Community Services.
The undersigned hereby authorizes the City of Carmel - Department of Community Services to record
this Statement of Commitments in the office of the Recorder of Hamilton County, Indiana, upon final
approval of Docket No. 040400024 SUo
IN WITNESS WHEREOF, Martin Marietta has caused the execution of this instrument this
day of September, 2004.
MARTIN MARIETTA MATERIALS, INC.
By:
John J. Tiberi, Vice President/General Manager
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STATE OF INDIANA
)
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)
COUNTY OF MARION
Before me, a Notary Public in and for said County and State, personally appeared John 1. Tiberi,
the Vice President/General Manger of Martin Marietta Materials, Inc., who acknowledged the execution
of the foregoing instrument and who, having been duly sworn, stated that any representations therein
contained are true.
WITNESS my hand and Notarial Seal this
day of September, 2004.
Signature
Printed
NOTARY PUBLIC
My Commission Expires:
County of Residence:
This instrument was prepared by Zeff A. Weiss, Ice Miller, One American Square, Box 82001,
Indianapolis, Indiana, 46282-0002, Telephone (317) 236-2319.
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EXffiBIT A
REAL ESTATE DESCRIPTION
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Plans and Details
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DOCKET NO.
CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY. INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
SPECIAL USE APPROVAL REQUEST
Fee $450.00 .
DATE RECEIVED:
1)
Applicant Martin Marietta Materials. Inc.
Address 1980 E. 116 Street. Suite 200. Carmel. Indiana 46032
Project Name Mueller Property South Sand and Gravel Operation Telephone 317-573-4460
Engineer/Architect Max Williams. Martin Marietta Materials. Inc. Telephone 317-573-4460
Attorney Tom Enale & David Warshauer. Barnes & Thornbura Telephone 317-231-7346
Yvonne Bailey. Martin Marietta Materials. Inc. Telephone 919-783-4655
H. Wayne Phears. Phears & Moldovan Telephone 770-446-2116
Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
X (c) Other: Lona-term lessee of the subiect property
If Item 3) (c) is checked, please complete the following:
Owner of the property involved: E. & H. Mueller Development. L.L.C.1
Owner's address 11173 Hazel Dell Parkway. Indianapolis. IN 46280 Phone 317-773-2190
Record of Ownership:
Deed Book No.llnstrument No. 2000-24710
Page: N/A Purchase Date: Januarv 4. 2000
Common address of the property involved: 5345 106th Street East. Indianapolis. IN 46280
Legal description: See Appendix A*
Tax Map Parcel No.: 17-14-09-00-00-003.000
State explanation of requested Special Use Martin Marietta Materials. Inc. (hereinafter referred
to as Martin Marietta) reauests a Special Use for surface sand and aravel extraction on the
portion of the Mueller property located south of 106th Street and described in Appendix A
(hereinafter referred to as the Mueller Property South or .subiect propertv"). The Mueller
Property South is located in an S-1 Residential District. Section 5.2 of the Carmel/Clay
Zonina Ordinance ("Ordinance") establishes that .Mineral extraction. borrow pit. top soil
removal and their storaae" is a permitted Special Use in this district.
2)
3)
4)
5)
6)
7)
*
For appendices referenced in this application, refer to the Application for Board of Zoning
Appeals Action Special Use Approval Request for Mueller Property South Sand and Gravel
Operation, dated December 13, 2002.
J. Michael Antrim, Church Church Hittle & Antrim, 938 Conner Street, Noblesville, Indiana
46060,317-773-2190, attorney for E. & H. Mueller Development, L.L.C.
Page 1 of 11 - Special Use Application
State reasons supporting the Special Use: (Additionally, complete the attached question sheet
entitled "Findings of Fact-Special Use")
See Paaes 10 and 11 for "Findinas of Fact - SDecial Use" and ADDendix B for Reasons
SUDDortina the SDecial Use.
Present zoning of the property (give exact classification): S-1 Residence District: also DartiallY
in a SDecial Flood Hazard Area (floodDlain)
Present use of the property: Agricultural
Size of lot/parcel in question: 96.921 acres
Describe the proposed use of the property: The Mueller ProDerty South will be used as a sand
and aravel oDeration.
Is the property: Owner occupied
Renter occupied X
Other
14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection
with this property that would relate or affect its use for the specific purpose of this application?
If yes, give date and docket number, decision rendered, and pertinent explanation.
No.
Has work for which this application is being filed already started? If answer is yes, give details:
No work for which this application is being filed has started.
Building Permit Number:
Builder:
16) If proposed special use is granted, when will the work commence? Within one year
17) If the proposed special use is granted, who will operate and/or use the proposed improvement
for which this application has been filed?
8)
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9)
10)
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12)
13)
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15)
Martin Marietta Materials. Inc.
NOTE:
LEGAL NOTICE shall be published in the Noblesville Daily Ledaer a MANDATORY twenty-five
(25) days prior to the public hearing date. The certified "Proof of Publication" affidavit for the newspaper
must be available for inspection the night of the hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods
of notice are recommended:
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1)
CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners.
(The white receipt should be stamped by the Post Office at least twenty-five [25] days
prior to the public hearing date.)
HAND DELIVERED to adjoining and abutting property owners. {A receipt signed by the
adjoining and abutting property owner acknowledging the twenty-five (25)-day notice
should be kept for verification that the notice was completed.)
2)
Page 2 of 11 - Special Use Application
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REALIZE THAT THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE
APPLICANT. AGAIN, THIS TASK MUST BE COMPLETE AT LEAST TWENTY-FIVE (25) DAYS PRIOR
TO THE PUBLIC HEARING DATE.
Page 3 of 11 - Special Use Application
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The applicant understands that docket numbers will not be assianed until all suooorting
information has been submitted to the Deoartment of Community Services.
The applicant certifies by signing this application that he/she has been advised that all
representations of the Department of Community Development are advisory only and that the applicant
should rely on appropriate subdivision and zoning ordinance and/or the legal advice of his/her attorney.
I, ,.AuditorofHamilton County, Indiana, certify that the
attached affidavit is a true and complete listing of the adjoining and adjacent property owners concerning
Docket No.
OWNER
ADDRESS
See Appendix C for List of Adjoinina
and Adjacent Property Owners and for the
Adjoinina Propertv Owner Location Map
Auditor of Hamilton County, Indiana
Page 4 of 11 - Special Use Application
AFFIDAVIT
(..,.; I hereby swear that I am the owner/contract purchaser of property involved in this application and that
the foregoing signatures, statements, and answers herein contained and the information herewith
submitted are in all respects true and correct to the best of my knowledge and belief. I the undersigned
authorize the applicant to act on my behalf with regard to this application and subsequent hearings and
testimony.
Signed:
(Property Owner, Property Owner's Attorney, Date
or Property Owner's Power of Attorney)
(Please Print)
STATE OF INDIANA
SS:
County of
Before me the undersigned, a Notary Public
(County in which notarization takes place)
'--' for
County, State of Indiana, personally appeared
(Notary Public's county of residence)
and acknowledge the execution of the
(Property Owner, Attorney, or Power of Attorney)
foregoing instrument this
day of
,20_"
Notary Public - Signature
(SEAL)
(SEAL)
Notary Public - Please Print
My commission expires:
(..;
Page 5 of 11 - Special Use Application
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AFFIDAVIT
I hereby swear that I am the applicant/lessee of property involved in this application and that the
foregoing signatures, statements, and answers herein contained and the information herewith submitted
are in all respects true and correct to the best of my knowledge and belief.
Signed:
(Applicant/Lessee's Attorney)
Date
(Please Print)
STATE OF INDIANA
5S:
County of
Before me the undersigned, a Notary Public
(County in which notarization takes place)
for
County, State of Indiana, personally appeared
(Notary Public's county of residence)
and acknowledge the execution of the
(Applicant/Lessee)
foregoing instrument this
day of
,20_.
Notary Public - Signature
(SEAL)
(SEAL)
Notary Public - Please Print
My commission expires:
Page 6 of 11 - Special Use Application
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NOTICE OF PUBLIC HEARING BEFORE THE
CARMEL BOARD OF ZONING APPEALS
Docket No.
Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the
of , 20_, at 7:00 P.M. in the City Council Chambers, Second
Floor of City Hall, One Civic Square, Carmel, Indiana 46032 will hold a Public Hearing on a Special Use
application to
property being known as
The application is identified as Docket No.
The real estate affected by said application is described as follows:
(Insert Legal Description)
All interested persons desiring to present their views on the above application, either in writing or verbally,
will be given an opportunity to be heard at the above-mentioned time and place.
PETITIONERS
See Appendix G for Draft of Notice of Public Hearing which contains the Legal Description of the
subject property.
Page 7 of 11 - Special Use Application
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PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
CARMEUCLAY BOARD OF ZONING APPEALS
/
I (WE) DO HEREBY CERTIFY THAT A LEGAL
(Petitioner's Name) .
NOTICE OF PUBLIC HEARING BEFORE THE CARMEUCLA YBOARD OF ZONING APPEALS
CONSIDERING DOCKET NUMBER WAS GIVEN AT LEAST TWENTY-FIVE (25)
DAYS PRIOR TO THE DATE OF THE PUBLIC HEARING TO THE BELOW LISTED ADJOINING AND
ABUTTING PROPERTY OWNERS.
OWNER ADDRESS
STATE OF INDIANA
SS:
The undersigned swear that the above information is in all respects true and correct to the best
of my knowledge and belief.
County of
for
Signature of Petitioner
before me the undersigned, a Notary Public
(County in which notarization takes place)
County, State of Indiana, personally appeared
(Notary Public's county of residence)
and acknowledge the execution of the foregoing
(Property Owner, Attorney, or Power of Attorney)
instrument this
day of
,20_.
Notary Public - Signature
(SEAL)
Notary Public - Please Print
My Commission Expires:
Page 8 of 11 - Special Use Application
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CARMEUCLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.
Petitioner
FINDINGS OF FACT - SPECIAL USE (Ballot Sheet)
1.
2.
3.
4.
5.
6.
DATED THIS
DAY OF
,20_.
Board Member
Page 9 of 11 - Special Use Application
(.;.
CARMEUCLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Martin Marietta Materials. Inc.
FINDINGS OF FACT - SPECIAL USE
1. The Special Use in Floodplain District, Ordinance Z-160, Section 21.6 as amended does .apply and
all prerequisites have been met by Petitioner as verified by:
A portion ofthe subject property lies currently within a Special Flood Hazard Area (floodplain).
A section of Blue Woods Creek currently traverses across a portion of the Mueller South parcel in a
southwest to northeast direction. Martin Marietta proposes to relocate this portion of Blue Woods
Creek so that it flows along the western and northern portions of the subject property in order to
expand their mining operations. Approvals for this relocation of Blue Woods Creek have been
obtained from the Indiana Department of Environmental Management (IDEM), Department of the Army,
and the State of Indiana Department of Natural Resources. With the approval ofthe Blue Woods Creek
application, the current floodplain boundary of Blue Woods Creek would be modified. As shown in
the permit package for the Blue Woods Creek relocation, the 1 DO-year flood elevation would be
contained within the banks of the relocated Blue Woods Creek.
A Letter of Map Revision will be obtained if determined to be applicable.
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The information pertaining to the Blue Woods Creek relocation, including the approvals, is
contained in Appendix F. Appendix H contains the Flood Insurance Rate Map for the City of Carmel.
2. The Special Use will be consistent with the Character and Permitted land Use of the zoning district
and Carmel/Clay Comprehensive Plan because:
The subject property is designated as a Low Intensity Regiona~ and Community
Employment area on the Land Use Plan. The General Policies regarding Regional and Community
Employment areas provide for "industrial uses" which includes mineral extractiol). The Low
Intensity Regional and Community Employment area Policies provide "low intensity commercial
developments should be buffered from residential communities through the existence of... open
space."
In addition, the land Use Plan indicates a High Intensity residential community designation
directly to the west of the subject property, along the same Edge. The proposed mineral
extraction use will be a less obtrusive and lower intensity transitional use. Upon completion of
the sand and gravel operation, the land area will result in an open area between the High Intensity
residential community to the west and the Regional and Community Employment area to the
south.
3. The Special Use is physically suitable for the land in question because:
There are currently existing mineral extraction operations on the adjacent property to the
south, on the adjacent property to the west, and on property farther to the north (not adjacent).
In addition, the desired geology and market are present at the proposed Special Use area, making
(..; sand and gravel extraction a feasible and practical use of the subject property.
4. The Special Use will not injuriously or adversely affect the adjacent land or property values because:
Page 10 of 11 - Special Use Application
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Surface and/or underground mining are already occurring to the south, west, and northeast of
the proposed Special Use area. The land to the east and north of the proposed Special Use area is
currently agricultural. The proposed sand and gravel operation will be operated in a manner that will
not be detrimental to the health, safety, and welfare of the community. In addition, residential and
commercial development of a high quality has occurred around applicant's other sand and gravel
operations and adjacent to its existing open pit and underground mine. New houses being valued at
approximately $550,000 have recently been constructed south of 96th Street, fronting on an old sand
and gravel pit and looking directly at applicant's active open pit quarry, including its crushing and
screening equipment. The proposed sand and gravel operation is a low intensity use of this land for
a finite, relatively short period of time.
5. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate
availability of water, sewage, or storm drainage facilities, or police or fire protection because:
This special use application does not seek to add any new access points or driveways to any
public streets or to alter the flow of vehicular or pedestrian traffic. Trucks transporting aggregate
and employees of the subject property will use the existing Martin Marietta North Indianapolis
Plant access drive from East 96th Street and Gray Road, respectively. Martin Marietta will be
requesting approval from the Carmel City Council that the existing right-of-way associated with
River Road, as located on the Mueller Property South, be vacated. The operation will not require
domestic water or sewer facilities, and storm drainage will be accommodated at the subject
property or via the existing drains. There will be no impact on police and fire protection because
there will be no additional roads, buildings, or residents on the subject property.
6.
The Board has reviewed the requirements of Ordinance Z-160, Section 21.3 (1-26) as they relate to
this Special Use and does not find that those criteria prevent the granting of the Special Use:
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The applicant, in anticipation ofthe Board's review of the requirements of Ordinance Z-160,
Section 21.3 (1-26), provides detailed responses to Items (1) through (26) in Appendix D.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Special Use Docket Number
is granted, subject to any conditions stated in the minutes of this Board, which are
incorporated herein by reference and made a part thereof.
Adopted this
day of
,20_.
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back.
(Petitioner or his representative to sign.)
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Page 11 of 11 - Special Use Application
Plans and Details
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Martin Marietta Aggregates
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Indiana District Office
1980 East 116th Street
Suite 200
Carmel, IN 46032
Telephone (317) 573-4460
Fax (317) 573-5975
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September 15, 2004
Mr. Jon Dobosiewicz
Planning Administrator, Department of Community Services
City of Carmel, City Hall
One Civic Square
Carmel, Indiana 46032
RE: Special Use Approval for the Mueller Property South Sand and Gravel Operation
Dear Mr. Dobosiewicz:
As requested in the August 30,2004 letter, please find enclosed copies (12 ea.) of the following
materials:
Executive Summary of Application for Board of Zoning Appeals Action Special Use
Approval Request
Sound Level Assessment Mueller Property South Sand and Gravel Special Use
Application
Because of the large volume of material that has been submitted, the Department of Community
Services has requested a summary of the relevant aspects of this project. This Executive Summary
is not intended to replace or supersede any of the underlying application, plans, or studies, but will
provide a convenient reference for understanding the overall project. Also, included in this
document are the commitments that Martin Marietta Material's will make pursuant to this application.
As you are aware, the City's consultant, Spectra Environmental Group, has stated at the last hearing
that it had reviewed the sound level assessment study and was in general agreement with it. The
Sound Level Assessment (Dated September 2004) now includes an analysis of the transportation of
material from the Mueller South Property to the Carmel Sand Plant. The additional analysis
provides a better understanding of the project sound levels and demonstrates that the project has no
adverse impact on any surrounding property as a result of the proposed operation.
If you require additional information feel free to contact me at 317-573-4460.
Sincerely,
'21-:- / t&u -:
J n J. Tiberi
egional Vice Pr. ident - General Manager
MidAmerica Region
Enclosures
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Cross Reference: Deed dated
, _ as mstrument No.
Hamilton County, Indiana.
, _ and recorded on
in the Office of the Recorder of
COMMITMENT FOR USE OF REAL ESTATE
INCIDENT TO SPECIAL USE APPROVAL
Opening Recitals:
The undersigned, Martin Marietta Materials, me. ("MM") and the Mueller Conservancy
("Mueller") hereby make the following Commitments to the Carmel Board of Zoning
Appeals ("BZA") and to the City of Carmel ("City") incident to the BZA's approval of
an application (Docket No. 105-03 Z), comprising a proposal to extract sand and gravel
in respect to certain real estate owned by Mueller which is located in Clay Township,
Hamilton County, mdiana, and described on the attached Exhibit A incorporated herein,
and which real estate is herein referred to as the "Mueller Property."
1. General Restriction on Development. MM and Mueller commit not to file
any of the following types of proposals with the BZA or the Carmel Plan Commission:
(a) Primary Plat, seeking the approval of a subdivision of any or all of
the Mueller Property pursuant to the Carmel Subdivision Control Ordinance.
(b) Subdivision Waiver, seeking the approval of a waiver of any the
provisions of the Carmel Subdivision Control Ordinance.
(c) Comprehensive Plan Amendment, seeking the amendment of the
Carmel Comprehensive Plan in respect to the Mueller Property.
(d) Ordinance Amendment, seeking an amendment to the Zoning
Ordinance or Subdivision Control Ordinance as it may apply to the Mueller
Property.
(e) Rezoning, seeking an amendment to the zone maps incorporated
by reference into the Carmel Zoning Ordinance in respect to any or all of the
Mueller Property.
2. Other Operations or Uses. MM commits not to conduct any mining or
related operation on the Mueller Property, other than sand and gravel extraction by means
of a dredge, without obtaining special use or variance approval from the BZA or other
applicable zoning approval. MM also acknowledges and agrees that any existing non-
conforming uses on its neighboring properties may not be substantially modified,
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expanded, or added to without a change of zoning classification or BZA approval of a
special use or variance.
3. Restrictions on Operations.
(a) MM commits that sand and gravel shall be extracted only through the
use of a floating dredge. Such extraction will be done in the sequence depicted in
the Plan submitted by MM in connection with the Application. MM commits that,
if in the future it is permitted to commence sand and gravel extraction on the
Mueller Property north of 106th Street, then no sand and gravel from any source
other than Mueller property north of 106th Street will be processed through the
Processing Plant until extraction on the Mueller property north of 106th Street is
complete.
(b) MM commits that all overburden removal on the Mueller Property
shall be completed during daylight hours (between one half hour after sunrise and
one half hour before sunset), during the months of November through March, and
only on days other than Saturday or Sunday. MM also commits to cause any
operations under its control to be undertaken and conducted in a manner so as to
minimize noise, dust, light or smoke impact on surrounding properties. MM also
commits that all trucks entering public streets from operations conducted by MM
in Clay Township north of 96th Street shall have covered beds.
(c) MM commits that it shall be responsible for all environmental matters
arising from its operations and shall indemnify and hold harmless all other
landowners with respect to any losses, claims, or costs arising therefrom.
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4. Buffers. From the overburden removed during sand and gravel extraction,
MM commits to construct an earthen landscape berm six (6) feet in height on the south
side of 106th Street on the Mueller Property and on the west side of Hazel Dell Parkway
on the Mueller Property.
5. Reclamation. MM commits that it shall reclaim the Mueller Property in
accordance with the reclamation plan previously submitted to the City's consultant, with
domestic grass coverage of not less than eighty percent per square yard. Reclamation
shall begin on the northern portion of the Mueller Property and move in a southerly
direction. All reclamation shall comply generally with the reclamation guidelines adopted
by the Indiana Mineral Aggregates Association, a current copy of which shall be
provided to the Director annually.
6. Conveyance of Right of Way. Subject to approval of the co-conservators
of Mueller and the court overseeing it, MM shall cause to be conveyed to the City a forty-
five foot half right of wa~ along the southern edge of 106th Street measured from the
existing center line of 106t Street.
7. Relocation of Processing Plant. MM commits that, if in the future it is
permitted to commence sand and gravel extraction on the Mueller Property north of 106th
Street, then its sand and gravel extraction on the Mueller Property north of 106th Street
shall be subject to the following conditions and restrictions:
(a) IfMM is permitted to commence sand and gravel extraction on the
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Mueller Property no later than June 30, 2005, and is not precluded from
continuing such extraction, MM shall, subject to approval by the BZA and the
Indiana Department of Natural Resources, move the processing plant located
north of 106th Street west of Hazel Dell Parkway and adjacent to the Kingswood
Subdivision to a new location just east of Hazel Dell Parkway and north of 106th
Street. Such new location shall be farther from any home in the Kingswood
Subdivision than at present. Subject to obtaining the required governmental
approvals, MM shall start the plant relocation no later than January 31, 2005 with
completion of such move to occur no later than March 31, 2005.
(b) MM shall terminate all processing operations at the current site of the
processing plant as soon as the relocation ofthe plant is completed.
(c) MM shall install and maintain noise abatement features at the relocated
plant which are no less effective than those now utilized, including the use of on-
site berms and aggregate piles as buffers, and the use of strobe light signals at
night instead of audible signals, for all equipment as permitted by applicable legal
requirements.
(d) The existing tree buffer on Hazel Dell Parkway shall be maintained
and shall not be disturbed.
(e) Subject to obtaining any required permits and approvals from
applicable governmental authorities, MM shall recycle waste water from the
relocated processing plant from the east side of Hazel Dell Parkway to the lake(s)
on the Mueller Property and Martin Property west of Hazel Dell Parkway and
north of 106th Street.
8. Monitoring of Compliance. For each calendar year or part thereof that
MM is extracting sand and gravel from the Mueller Property south of 106th Street or
reclaiming such property, it shall pay the City $5,000.00 to monitor MM's compliance
with these Commitments. Such payment shall be due on the first day of the second
month following approval of the Applications and on each anniversary thereof.
9. Ramifications of Approval for Martin Marietta. MM acknowledges and
commits that, if the BZA approves only this application requesting sand/gravel extraction
as a special use and no more, such approval does not include approval of any other
mining operation or process or any ancillary use ("contemplated uses"), nor does it
obligate the BZA or the City to otherwise permit such contemplated uses on the Mueller
Property, nor may it be construed as an indication that any prohibition of such
contemplated uses would deprive MM of its property rights under the Constitution of the
United States or the State of Indiana.
10. Ramifications of Approval for Mueller. Mueller acknowledges and
commits that a property owner is not entitled under Indiana law to the highest and best
use of the owner's land. Mueller further acknowledges and commits that if the BZA
approves this special use application but subsequently declines to approve any or all
contemplated uses, neither the BZA nor the City shall thereby be deemed to have
prevented all reasonable use of the Mueller Property or to have denied the owner all
economically beneficial or productive use of its land.
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11. Commitment of Martin Marietta Regarding Mueller. MM acknowledges
and commits that if the BZA approves only the special use requested in this application,
such approval will allow the owner of the Mueller Property an economically beneficial
and productive use of its land, and such approval will vest no right in MM or Mueller to
any further approvals of contemplated uses; nor will such approval create a precedent or
any presumption that any contemplated uses of the Mueller Property are reasonable uses
or are not injurious to the public health, safety, morals, or general welfare of the
community. MM further commits that if, notwithstanding the provisions of paragraph 10
above, Mueller or its successors bring any claim or action against the BZA or the City
which alleges that the BZA's decisions or the City's zoning restrictions have resulted in a
taking or other deprivation of Mueller's property rights, MM shall indemnify, defend,
and save harmless the BZA and the City from and against all judgments, liabilities, fines,
penalties, or expenses arising out of such claim or action.
12. Effectiveness. These commitments shall be effective from and after the
approval ofthe application by the BZA.
13. Expiration. These commitments shall expire on October 31, 2094, or
earlier in the event that MM completes its sand and gravel extraction operations on the
Mueller Property and reclaims said property in accordance with these commitments.
14. Binding Effect. These Commitments are binding on MM as the current
lessee and Mueller as the current owner of the Mueller Property, each subsequent lessee
and owner thereof, and each person acquiring an interest therein, until its expiration date
as determined pursuant to paragraph 13 above, unless modified or terminated by the BZA
or its successor pursuant to this paragraph 14. Except as provided in paragraph 13 above,
these Commitments may be modified or terminated only upon (a) petition by MM or its
successor, and (b) approval by the BZA after notice and hearing pursuant to the BZA's
Rules of Procedure. Until they expire pursuant to paragraph 13 above or are modified or
terminated pursuant to this paragraph 14, these Commitments shall be enforceable by the
City of Carmel or the BZA by injunctive relief, denial of building permits or approval, or
other appropriate administrative or judicial remedy, provided that any such relief, denial,
or other remedy is related to the Mueller Property and to some effects or harm from a
breach or violation of these Commitments by MM or Mueller. In any proceedings to
modify or terminate these Commitments, notice of hearing shall be given to the owners
of property as required by the Carmel Zoning Ordinance and the BZA's Rules of
Procedure.
15. Recording. The undersigned authorizes the Director of the Department of
Community Services of the City of Carmel to record these Commitments in the Office of
the Recorder of Hamilton County, Indiana. A copy of these Commitments shall be
delivered to MM by the Department of Community Services after they are recorded by
the Recorder of Hamilton County.
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16. Recording Following Expiration or Termination. Within 14 days
immediately following the expiration or termination of these Commitments, the Director
of the Department of Community Services of the City of Carmel shall authorize and
cause to be made the filing of a "Statement of Termination of Commitments" in the
office of the same Recorder, in the same fashion, and with respect to the same property as
referred to above. That Statement shall state that the previously recorded Commitments
(identified by date and location in the record) have been terminated or have expired and
are no longer of any force and effect.
Dated this _ day of
,2004.
MARTIN MARIETTA MATERIALS, INe.
By:
(signature)
(printed name)
Its:
(title)
State of
, County of
, SS:
Executed and acknowledged before me, a Notary Public in and for said County
and State this _ day of , 2004.
, Notary Public
My Commission Expires:
Resident of
County, _
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CITY OF CARMEL
Department of Community Services
One CMc Square
Carmel, IN o4&X32
(317) 571-2417
Fax: (317) 571-2426
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CCI
From:
Pages:
Date:
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B9/24/2BB4 14:53
1518782B973
SPECTRA ENV GROUP
PAGE B2
fl, Ue-l ~ 01
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Comments 1.0
T~
Final sentence of the second paragraph indicates that the report is a summary document. It
should say that it is the definitive legal document and that the text and maps included are the
governing documents. Furthermore. there should be a statement to the effect that if any of the
maps referenced in this report are in c:onflict with another submittal, then the enclosed map is the
governing document (previous mine plan maps have shown conflicting diIect:ions of mining). As
presented, the maps included with the submittal do not take precedent over previous versions of
maps with the same title. As a result, it is unclear as to the mine plan map that actually governs
the proposed operation. This comment applies to all maps, plates and visuals.
All references to maps or other documents should be specifically referenced (example: Mine
Plan Map should be Mine Plan Map, dated 4/26/04 (or last revision date), sheet 3 of6.
Comments 2.0
Martin Marietta needs to commit to lining of the creek. The language in the summary document
is non-committal at best. Lining Blue Woods Creek has implications for water handling and the
viability of an uninterrupted discharge of water to the White River. The creek liner is also key to
the viability oftbe m reolamation proposed fot the site.
There needs to be a discussion of the sequencing as it relates to the construction of the berms.
The statement is made: that the berms on the northem and eastern sides of Mueller South. will be
constructed. with material excavated during the relocation of Blue Woods Creek. The section
then goes on to say that Blue Woods Creek relocation is a large job with a long lead time and
that the exact sequencing oImming and creek relocation is not clear. Does that mean that the
excavation of sand and gravel may occur before the construction of the berms? Mining should
not take place before the benns are substantially complete.
There also needs to be a discussion of quarry water management techniques.
Comments 3.0
3.1 Explain a~cess routes during site preparation, relocation of the creek, and actual mining. Put
the proposed haul routes On tbe Mine Plan M~'P. Indicate haul routes before and after relocation
of the creek. Will a bridge or culvert be requirec1 to <iross the relocated creek? If so, have plans
been provided detailing the crossing? Does the storm water plan inchlde the crossing details. if
required? The proposed area for the crossing does not appear on the Mine Plan Map.
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09/24/2004 14:53
SPECTRA ENV GROUP
PAGE B3
15187820973
3.2 Limit hours of overburden removal to 6 a.m. to 6 p.m. Monday through Friday, with no work
on holidays.
3.3 Limit hours of mining the same as overburden removal.
3.4 Show primary ingress and egress routes on the Mine Plan Map. It is unclear from the text
how haul trueks, commercial vehicles and equipment will access the property. It is also not cleat
how the site will be accessed when Blue Woods Creek is relocated.
Discus& the number of trucks per day. Explain whether there will need to be a crossing of the
creek once relocated.
The document states that no new access points to the property are proposed. The Mine Plan Map
should accurately show the locations of the existing access points.
3.5 Discuss the reclamation objective here. Groundwater will express itself at the toe of slope
around the perimeter of the quarry floor; therefore, toe drains should be constructed at the toe of
slope around the perimeter of the quarry floor. The drains, as presented, may not sufficiently
collect water at the toe of slope-mine floor interfaCic.
Comments 4.0
4.1 Benn slopes are noted as 3: 1. Should indicate horizontal to vertical and be consistent
throughout the document and maps. Typioal nomenclature is rise over tun (rise:run).
4.3 The water monitoring locations sho~d be identified in the docmnent, and there should be a
discussion of the parameters and frequency of monitoring. The entire program should be
included as a commitment. The: potential influence of mine operations on the hydrogeologic
regime of the area are well understood and a topic; of stu.c1y by the Utilities Department The
intimate relationship between hydl.'Ogeology and mining mandates that the water monitoring
commitments be included as an integral part of a consolidated mine plan.
The statement should also be made that City of Carmel Utilities Department personnel will have
unfettered access to monitoring locations.
4.4 Statement is made tbat Spectra agreed with the study, including the operations at night. This
is not accurate. The original noise stu.cJy did not include evening noise levels or the relationship
between noise projections and existing night-time ambients; therefore, they were not teviewed.
Subsequently, the night-time noise levels were added at Spectra's request along with other
changes that resulted in an amended noise study of September 2004. Please amend the statement
to reflect an accurate history of the review process.
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PAGE a4
1518782a973
SPECTRA ENV GROUP
Cross Sections
Blue Woods Creek Relocation.Area. is incorrectly shown near AA' . The maps showing the
location of section A-AA' do not intersect the Blue Woods Creek relocation area and should be
corrected.
Comments 5.0
Is the list of maps and studies provided the master or governing documents of the application and
mine plan? If so, then that aftinn.ative statement should be made. The statement should also be
made that if two documents or maps are in conflict then the most recent te:ld (It map prevails and
governs.
Summary of. Martin Mariettal s
Applicatiol) for Special Use Approval
" to Mine Sand andGravel',
Mueller Property South
Sand' and Gravel Operation
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Prepared For:
'City of Carmel.'CIClY Township
Hamilton 'County, .Indiana
Prepared By:
!'1~1!!}!1~~!!~~'ti~~~~~r!r;~!~k,!~~:j\l'~\
Carmel, Indiana
August 2004
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Summary of Martin Marietta's A1!)llication for Special
~ a
Use A
roval to Mine Sand and Grav
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RECFIVED
AUe 10 2004
DOCS
A
g
Introduction
8/
Martin Marietta has filed an application with the Carmel-~lay Boar 0
Zoning Appeals (BZA) for approval to mine sand and gravel on property south of
106th St. that it leases from the E. and H. Mueller Development, LLC. The entirety
of that tract is south of 106th St. and is outlined on Exhibit "A" hereto. For
convenience, the tract will be referred to as "Mueller South" or the "Mueller South
Property. "
The property is bordered on the south and west by Martin Marietta's
property, on the north by 106th St., and on the east by other property belonging to
the Mueller Conservatorship. Across 106th St., the property is bordered by other
property owned by the Mueller Development. No property currently used for
residential purposes is adjacent to the Mueller South Property. The Kingswood
residence nearest to the Mueller South property is approximately 1700 feet from
the northernmost mining area.
The application was accompanied by a detailed set of documents, studies,
plans, and maps. All of those materials have now been through a lengthy T AC
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process in which DOCS and a mining consultant specially retained by the City
conducted an extensive review of Martin Marietta's application. Likewise, the
City's own hydrology consultant, Wittman Hydrologic Planning Associates, did a
detailed hydrologic study of the potential impact of Martin Marietta's project on
the City's nearest wells. He found no significant impact on them.
It is perhaps an understatement to say that the review of this application has
been intensive. Every potentially interested City department, from the Urban
Forester to the Fire Department, reviewed the plans and participated in the lengthy
T AC process. Multiple meetings were held. Martin Marietta responded to the
TAC comments and requests, making changes in its plans as recommended. It has
now met all criteria discussed in the TAC process and addressed all the issues
raised in it.
As the Board is perhaps already aware, all of this has generated a great deal
of documents, studies, and plans. As a result, Martin Marietta has prepared this
more condensed summary of basic facts relevant to its application.
The Application Seeks Onlv a Limited Approval
The specific request to the BZA is for approval only of sand and gravel
extraction as a special use on property adjacent to Martin Marietta's existing mine.
The application is limited to mechanized extraction-no blasting-{)n property
south of I06th St. and contiguous on two sides to Martin Marietta's existing 96th. St.
mine. The difference between this extraction and previous sand and gravel mining
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on Martin Marietta's Carmel Sand property north of I06th St. is that a dredge will
not be used here. Instead, loaders, backhoes and trucks will be used to excavate
and transport sand and gravel on this property.
Approval of this Special Use for Extraction Is Good Plannioe
''Not in my backyard" is a common response to mining operations. This
attitude promotes poor planning and environmental policy for a number of reasons,
especially when the issue is expansion of an existing site to accommodate the
needs of the community. First, use of the existing processing facilities, rather than
establishing a new mine somewhere else, will avoid the disruption of land use
patterns in another community. The Martin Marietta quarry has been here for
decades. Residential and commercial development patterns have evolved
successfully around it with full knowledge of its existence. Indeed, some of the
more expensive residential and commercial property in Carmel is located in the
vicinity of Martin Marietta's quarry. In Kingswood alone, homes have steadily
increased in value and now regularly sell for well over $300,000. High quality
commercial development has grown up in the 96th 81. corridor, directly across the
street from Martin Marietta's mine.
This area has thus established its land use patterns quite well and these
patterns reflect the fact that existing (and previous) sand and gravel and limestone
operations in the area are simply not an impediment to residential development.
Thus, continued development of the existing area that has come to accommodate
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this use makes sense from a planning standpoint, rather than the disruption of
locating a new site elsewhere.
Second, Martin Marietta must currently haul raw material from Noblesville
to its processing plant at Carmel Sand. That truck traffic will be eliminated in its
entirety, and a short haul from Martin Marietta's existing mine entrance to Carmel
Sand, a half mile or less trip, will take its place if this application is approved.
This will reduce both heavy truck traffic and wear and tear on local roads.
The Property is Correctlv Zoned for Martin Marietta's Proposed Use
All of the Mueller South property is zoned S-l. Under Section 5.2 of the
Carmel/Clay Zoning Ordinance, mining is a "Special Use" in this district.
U According to Section 21.04:
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"Special uses shall generally be considered favorably by the
Board, except in cases where the Board finds the proposed Special Use
obviously inappropriate as a result of the special and unique conditions
determined as a result of the review procedure established herein."
(Emphasis added.)
Further, under Indiana law, a Special Use is simply a use permitted upon a
showing that the conditions specified in the ordinance for the issuance of a permit
have been met. Town of Merrillville Ed. of Zoning Appeals v. Public Storage.
Inc., 568 N.E.2d 1092, 1095, (Ct. App. Ind. 1991), trans. denied.
A board hearing an application for a special use permit is obligated to apply
the criteria established in the ordinance. Town of Merrillville. The Board does not
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have discretion to apply different, or, indeed, even additional, criteria from those
set forth in the ordinance.
The rationale underlYing special uses is that the legislative body, in this case,
the City Council, has determined that the "prescribed use is one which is in
harmony with the other uses permitted in the district. . .." Boffo v. Boone County
Board of Zoning Appeals, 421 N.E.2d 1119 (Ct. App. Ind. 1991). Thus, "the
standards for a special, or conditional, use permit are less stringeht than those for a
variance, because the former enjoys legislative sanction while the latter does not."
Network Towers. LLC v. Board of Zoning Appeals of LaPorte County, 770 N.E.2d
837 (Ct. App. Ind. 2002).
Here, the Carmel City Council has "sanctioned" this special use on 8-1
property, has zoned the Mueller South Property S-I, and has directed that mining
"shall generally be considered favorably as a special use" on it. In doing so, it took
the characteristics of the use into account when it decided in what districts it
should be allowed. Hence, the fact that the use may have some characteristics
inconsistent with the area in which it is located is not sufficient to deny the special
use. Instead, it is presumed that the legislative body took those characteristics into
account in enacting the ordinance, and directing that a special use "shall generally
be considered favorably" unless it is "obviously inappropriate as a result of special
and unique conditions." Those conditions customary to the use would be neither
special nor unique.
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The Board's decision must be based on evidence taken at a quasi-judicial
hearing. Network Towers. LLC v. Board of Zoning Appeals of LaPorte County,
770 N.E.2d 837 (Ct. App. Ind. 2002). Unlike the free-for-all ofa zoning hearing,
at a quasi-judicial hearing, evidence, not opinions, governs. Generalized fears or
expressions of concern are not evidence on which the Board can rely. Instead, the
Board's decision must be based on evidence relevant to the criteria in the
ordinance, bearing in mind the ordinance's requirement that special uses shall
"generally be considered favorably." The burden to establish this latter exception
is, of course, on those opposed to the ordinance.
Martin Marietta's Application Meets the Requirements
of the Ordinance
Section 21.04 of the Ordinance provides the criteria that the Board must
follow in considering a Special Use application. Each of those criteria is discussed
below.
1. The particular.. phvsical suitability of the premises in Question for
the proposed Special Use.
Unlike a retail store, or an office building, a sand and gravel operation can
only be located where the desired geology is present and a market for the product
(sand and gravel material) exists. Both of these criteria are met at the Mueller
U South property. In addition, the proposed operation is adjacent to several existing
surface and/or underground mines. That proximity will allow the proposed .
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extraction operation to share facilities that already exist, such as Martin Marietta's
existing entrance. The proposed special use will also be able to use existing
parking, office, and shop facilities, haul roads, access roads, and related facilities
that are already located at the existing mine. All of this will avoid having to
disturb additional land area to construct new support facilities. Further, the
proposed special use will utilize the existing processing facilities at Carmel Sand,
rather than having to establish a new facility somewhere else.
The special use is thus highly efficient in its use of land at this location. Any
other location would have to include a great deal of additional land simply to
match the facilities that already exist adjacent to the Mueller South property.
The Remonstrators discussion of physical suitability consists of a discussion
of alternative uses of the Mueller land. The ordinance, of course, does not direct
the Board's attention to the suitability of other uses, but rather to the physical
suitability of this use.
Further, the Remonstrators suggestion that this Board should engage in
zoning--deciding what the property should be used for-rather than applying the
criteria of the ordinance to this use reveals the narrow-mindedness of the
Remonstrators. The Remonstrators, who don't even want sand and gravel
extraction done some 1700 feet away from them, nevertheless tell the Board that
the Mueller South Property, immediately adjacent to an open pit mine, is fine for
single-family residences. Apparently it's fine for a quarry to be only a couple of
(. hundred feet from single-family residences, as long as someone other than the
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Remonstrators lives in them.
2. The economic factors related to the proposed special use~ such as
cost/benefit to the community and its anticipated effect on surroundine
property values.
The sand and gravel deposit at the Mueller South Property provides a needed
material with the least transportation cost and with the least impa'ct on roads in the
area. In fact, approval of the application will actually reduce traffic in the
surrounding community.
Expansion of an existing site, rather than opening a new site somewhere
U else, as the Remonstrators seems to suggest, minimizes the use of land for mining
and avoids the disruption of opening a new site somewhere else.
Property values will not be adversely impacted. No aspect of the special use
here is as close to Kingswood as existing operations have been for many years.
Mueller South use is surrounded on two sides by mining already and by a major
thoroughfare on another side. Development of the surrounding commercial and
residential areas over the past twenty years has been quite successful and is
objective proof that mining has not adversely affected property values.
Indeed, property values in the area are among the highest in Carmel. A
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study of property values by Integra Realty Resources, a major appraisal firm in the
area, shows that in 2002 Kingswood tied Woodfield for the highest sale price per
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square foot of residential living area. The average sales price for a home in
Kingswood in 2002 was just slightly under $300,000.
The proposed special use here is further from Kingswood than mining and
processing operations are now or were in 2002. Then, Martin Marietta operated
both processing and dredging facilities north of 106th 8t., on property immediately
adjacent to Kingswood. These operations included a dredge, processing plant, and
mobile equipment, such as front-end loaders and dump trucks. The Integra data
shows that these operations did not adversely affect property values then, and
common sense suggests that less intensive operations further away, will not.
3. The social/nei!!:hborhood factors related to the proposed special
U use such as compatibility with the existin!!: uses and those permitted under
current zonin!!: in the vicinity of the premises under consideration and how the
proposed special use will affect nei!!:hborhood inte!!:rity.
The Carmel City Council has zoned the property 8-1, establishing that the
"prescribed use is one in harmony with the other uses permitted in the district.
Boffo, supra. Further, the City Council has determined that mining should
"generally be permitted" as a Special Use in the 8-1 district. Compatibility is thus
established unless there are "special" or "unique" conditions that make this site
unsuitable.
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In fact, the opposite is true. This 8-1 site is particularly suitable for a mining
use because it is surrounded on two sides by existing mining operations. The vast
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majority of the property bounded by Hazel Dell, Gray Rd., 96th S1. and 106th 81. is
already committed to a mining use. None of it is used for residential or
commercial purposes. Indeed, other uses of the Mueller South property would be
. less compatible with the existing mining operations, despite the Remonstrators plea
that other folks, not them, would like to live next to Martin Marietta's existing
mine. Mining is a more compatible use of the Special Use site than residential
development would be, given its location next to a mine, and very near to a major
thoroughfare and commercial development.
Further, to insure compatibility, the application proposes a buffer in excess
of 300 feet along the northern boundary, together with a berm to obscure views of
the operation and attenuate noise. The property just across 106th St. from Mueller
South is not being used for residential purposes and is between the existing Carmel
Sand operations and the proposed special use. Further, this property just north of
106th St. is itself owned by Mueller Development and is also proposed for sand and
gravel mining.
Nothing about this application affects neighborhood integrity. It neither
divides nor is adjacent to a neighborhood. The closest residence to any active
mining operations is some 1700 feet away. Martin Marietta's existing Carmel
Sand operations are already closer to Kingswood homes, and much more
extensive, than operations on this site would be.
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4.
The adeauacv and availability of water" sewa!!e" and storm
draina!!e facilities and police and fire protection.
The proposed operation does not impose any additional burdens on water,
sewage or storm drainage facilities, nor does it implicate any additional police and
fire protection. The plan has been reviewed by all appropriate departments of the
Carmel city government in the TAC process, none of which has expressed a
concern about any of these items.
5. The effects of the proposed Special Use on vehicular and
pedestrian traffic in and around the premises upon which the Special Use is
proposed.
Martin Marietta proposes to use the existing access points to its quarry for
the Special Use. No additional entrances are proposed. Truck miles in the area,
and wear and tear on the highways, will be reduced because trucks coming from
Noblesville south on Hazel Dell Parkway to deliver raw material to Carmel Sand
will be eliminated. What is now a seven-mile haul to bring materials to the Carmel
Sand site for processing will be entirely eliminated.
Pedestrian traffic will not be allowed on the property. The property will be
barricaded by berms and fencing as described in the application package.
Overview of Martin Marietta's Minin!! Plan
Exhibit B reflects the mine plan for the Mueller South Property. The
proposed site uses what is now an empty comer of property bounded on two sides
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by Martin Marietta's existing operation. Mining will be limited to the area shown
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as inside the "proposed limit of extraction" on Exhibit B. Operations on the
Mueller South property will commence in 2004-05 and continue for approximately
3 to 5 years, depending on market conditions.
To reach the sand and gravel, Martin Marietta must remove approximately
five feet of topsoil and non-aggregate material known as "overburden." Prior to
this, erosion and sedimentation controls will be in place to preveilt sediment from
leaving the property. These controls and plans have been extensively reviewed by
City staff and by the City's mining and hydrology consultants during the lengthy
T AC process. Contrary to the Remonstrators claims, Martin Marietta has
U committed that overburden removal will be done only during the months of
November through March (except as necessary to construct the visual and noise
barrier described below), and only on weekdays. At its closest point, this work
will be some 1700 feet away from the nearest Kingswood property line, further
from all others.
Extraction itself will be done by mechanized equipment such as front-end
loaders. Blasting will not be used to extract the sand and gravel.
Martin Marietta has submitted a reclamation plan that has, once again, been
reviewed by multiple City departments and by the City's mining and hydrology
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consultants. Changes and revisions were made to the plan in response to
comments in the TAC process.
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Martin Marietta's Plan Has Had Exhaustive Hvdrolosdc Review
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Although hydrology issues are not factors listed for the Board's
consideration of special uses, Martin Marietta has worked closely with the City
Utilities Department to review any potential impacts of the project on the City's
wells and water distribution system. Over the past six or so months, Martin
Marietta's consultant made an initial presentation to the City and its consultants,
Wittman Hydrologic Planning Consultants ("WHP A"). After that meeting Martin
Marietta was asked to and supplied extensive data to WHPA for its use in
modeling the potential impact of the proposed special use on Wellfield No.4.
Following that, Martin Marietta gave the City and its consultants access to the
U existing mine and explained its extensive water handling system in detail.
Based on that, and an ongoing exchange of information, the City's
consultant modeled the project's impact on Wellfield No.4 and found no
significant impact. The City's report acknowledges that if Martin Marietta's ponds
west of Gray Road did not exist, Wellfield No. 4's capacity would be reduced by
50%.
The City has taken "grab samples" of water in Martin Marietta's ponds and
had them tested for a wide range of potential contaminants. They were all found to
meet appropriate drinking water limits. Likewise, the City has not experienced any
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problems with contamination from Martin Marietta's operations during the 20
years or more that it has been a source of water for Wellfield No.4. To insure the
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continuing safety of this water supply, Martin Marietta voluntarily proposed a
program to monitor water quality in its ponds. The City responded by accepting
Martin Marietta's offer and adding its own monitoring. This combined program
substantially exceeds regulatory requirements applicable to the City.
Because it takes months, at a minimum, likely longer, for water to travel
from Martin Marietta's ponds to Wellfield No.4, this new monitoring will provide
an early warning system for potential contamination. Of course, Without this water
from Martin Marietta's ponds, Wellfield No.4 would lose some 50% of its current
water supply capacity.
The Remonstrators position paper makes highly speculative, unsubstantiated
U claims that are rebutted by the City's own report. The City's own consultant has
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concluded that nothing about this project jeopardizes Wellfield No.4 and that the
monitoring program to be implemented by the City and Martin Marietta will
provide an enhanced level of protection for Well field No.4.
The Special Use Will Not Increase Noise Levels On Surroundine
Property
Although the Special Use considerations in Section 21.04 do not contain a
noise standard or requirement, Martin Marietta has elected to address this issue
voluntarily and has submitted a noise report prepared by independent professional
engmeers.
Given the fact that the proposed Special Use will be conducted south of
~-. 106th St. and does not introduce new operations into the area, it is not surprising
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that it will not increase noise in Kingswood. The report submitted to DOCS by
Martin Marietta shows that noise levels in Kingswood during normal daytime
operating hours are 47 to 57 dBA, depending on proximity to Hazel Dell Parkway,
a noise generator. This is a typical, urbanizing area residential noise level. Even
with Martin Marietta's existing Carmel Sand plant operating, noise levels internal
to Kingswood, and thus less affected by either Hazel Dell or plant operations,
range from 47-50 dBA.
The noise study shows that the proposed extraction operations will not create
noise exceeding existing background levels in Kingswood, or any other residential
U area. The study shows that the entire 50dBA noise contour is on Martin Marietta's
property, not anyone else's. Noise from Martin Marietta's proposed special use
level thus does not reach Kingswood and does not increase ambient noise levels.
Other Environmental and Aesthetic Considerations
The following sections discuss Martin Marietta's plans to address other
environmental and aesthetic considerations.
Buffers and Screenine:
A buffer area of approximately 330 feet in width will be maintained between
the extraction operations and I06th St., as shown on Exhibit B. A berm
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approximately 19 feet in height will be constructed in this buffer area to provide
noise attenuation and screening. Martin Marietta submitted a detailed landscape
~" plan that was reviewed and revised by Carmel's Urban Forester. The plan includes
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over seven different species of trees.
A seeded berm will be constructed along the western boundary of Hazel Dell
Parkway, approximately 15 feet in height, together with a six-foot high chain-link
fence. Planting approved by the Urban Forester will also be installed on this berm.
Air Quality
Sand and gravel operations are regulated under the federal 'Clean Air Act
and applicable statues implemented by the Indiana Department of Environmental
Management. The Mueller South sand and gravel operation will be subject to all
such regulations. Martin Marietta is not proposing to conduct any blasting or
U mineral processing in this application. Moreover, the 330-foot proposed buffer
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area will further minimize fugitive dust, if any, from the Mueller South property.
Erosion
Activities on the subject property will be conducted in accordance with the
Indiana Water Pollution Control Board regulations governing storm water runoff
associated with construction activity under the NPDES General Permit Rule
Program and in accordance with any applicable local regulations. Martin
Marietta's plans in this regard have been extensively reviewed and approved
during the T AC process.
Visual Considerations
Berms will be constructed in the buffer area south of 106th St. and along
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Hazel Dell Parkway to provide visual screening and noise attenuation.
Submittals
To assist the Board in finding answers to any particular information
that might be relevant to this application, listed below are some of the submittals
that accompany Martin Marietta's application.
1. Area map showing relation of the proposed site to overall area.
2. Zoning map showing zoning of the site and immediately adjacent
property (all 8-1).
3. Mine plan map.
4. Noise study.
5. Reclamation plan map.
6. Landscaping plan map.
7. Cross sections map.
8. Groundwater elevation map.
9. Time line for operations, reclamation and related matters.
10. Erosion and sediment control plan.
11. Spill prevention and control plan.
12. Property value study. (To be submitted.)