HomeMy WebLinkAboutDept Report 10-25-04
..
"
~
CARMEL/CLAY BOARD OF ZONING APPEALS
DEPARTMENT REPORT
October 25,2004
lh. Martin Marietta Materials - Mueller Property South
Petitioner seeks special use approval to establish sand and gravel extraction operation on 96.921:i:
acres. The site is zoned S-I/Residence - Low Density.
Docket No. 04040024 SU Chapter 5.02.02 special use in the S-1 zone
The site is located at the southwest comer of the intersection of East 106th Street and Hazel Dell
Parkway. Filed by John Tiberi of Martin Marietta Materials, Inc.
General Information:
The petitioner is seeking special
use approval to operate a surface
sand and gravel extraction
operation on property which is
zoned S-1 /Residence-Low
Density. This is a very complex
land use request as evidenced by
the level of review and input
from the public. The
Department has forwarded the
Board several binders of
information on this request
including the following:
1. Application for BZA
Action, Special Use
Approval Request, City
of Carmel, December 13,2002
2. Response to Requests for Information in Connection with Application for Special Use
Approval, City of Carmel, March 5, 2004
3. Construction Plan for Operation to Comply with 327 lAC 15-5-6.5, Hamilton County Soil and
Water, April2004
4. Erosion and Sediment Control Report, Shelly and Loy Consultants, June 2004
5. BZA Informational Booklet Hearing date June 28, 2004, ICE MILLER, June 18,2004
6. Response to Comments Provided During April 24, 2004 TAC Meeting in Connection with
Application for Special Use Approval, City of Carmel, July 2004
7. a. Effects of Proposed Mine Expansion on Public Water Supply Wells, Wittman Hydro,
July 27,2004
b. Executive Summary: Assessment of the Effects on Public Water Supply Wells,
Wittman Hydro, August 10, 2004
8. Spill Prevention, Control and Countermeasure Plan, Hamilton and Marion Counties, Aug. 2004
9. Written Remonstrance, KINGS WOOD Homeowners Association, August 11,2004
10. Summary of Application for Special Use Approval to mine Sand and Gravel, City of Carmel,
August 10, 2004
..
" l>.,
,.
11.
12.
13.
14.
Application for BZA Appeals Action: Special Use Approval Request, Power Point
Presentation, August 11, 2004
Sound Level Assessment: Mueller Property South Sand and Gravel Special Use Application,
Prepared by: Smelly and Loy, Inc., September 2004
Executive Summary of Application for BZA Appeals Action: Mueller Property South Sand
and Gravel, Prepared by: Martin Marietta, September 2004
Remonstrators' Presentation Opposing Martin Marietta Materials, Inc., September 27,2004
a. YARGER ENGINEERING, Letter/SEPTEMBER 27,2004
b. REMONSTRATOR'S OBJECTIONS TO AFFIDAVIT OF MICHAEL C. LADY
AND ATTACHED NEIGHBORHOOD ANALYSIS
c. REMONSTRATOR'S OBJECTIONS TO AFFIDAVIT OF JOHN J. TillER!
d. REMONSTRATORS' OBJECTIONS TO AFFIDAVIT OF DAVID BUSS
15. Comments in opposition to Special Use Application For Mueller south Sand and Gravel
Operations, Submitted by: Thomas Yedlick
In addition, among other correspondence, we provided the following:
1. Request to table Public Hearing from Thomas C. Yedlick
2. Request to Table Hearing form Philip Thrasher, attorney for remonstrators
Analysis:
Section 21.03 of the Zoning Ordinance outlines the Basis of Board Review of a Special Use as follows:
The Board, in reviewing the Special Use or Special Exception application, shall give consideration to the
particular needs and circumstances of each application and shall examine the following items as they relate to
the proposed Special Use or Special Exception:
1. Topography;
2. Zoning on site;
3. Surrounding zoning and land Use;
4. Streets, curbs and gutters and sidewalks;
5. Access to public streets;
6. Driveway and curb cut locations in relation to other sites;
7. General vehicular and pedestrian traffic;
8. Parking location and arrangement;
9. Number of parking spaces needed for the particular Special Use;
10. Internal site circulation;
11. Building height, bulk and setback;
12. Front, side and rear yards;
13. Site coverage by building(s),parking area(s) and other structures;
14. Trash and material storage;
15. Alleys, service areas and loading bays;
16. Special and general easements for public or private Use;
17. Landscaping and tree masses;
18. Necessary screening and buffering;
19. Necessary fencing;
20. Necessary exterior lighting;
21. On-site and off-site, surface and subsurface storm and water drainage;
22. On-site and off-site utilities;
23. Dedication of streets and rights-of-way;
24. Proposed signage (subject to regulations established by the Sign Ordinance); and
25. Protective restrictions and/or covenants.
26. Need for lifeguards and other supervisory personnel, in respect to a private recreational
development or facility.
':
", -
'.l>-j
21.04 Basis of Board Approval or Reiection.
21.04.01 Special Use Decisions. The Board, in approving or rejecting a Special Use application, shall
base its decision upon the following factors as they relate to the above listed items (Section 21.03)
concerning the proposed Special Use:
1. The particular physical suitability of the premises in question for the proposed Special Use.
2. The economic factors related to the proposed Special Use, such as cost/benefit to the community and
its anticipated effect on surrounding property values.
3. The social/neighborhood factors related to the proposed Special Use, such as compatibility with
existing uses and those permitted under current zoning in the vicinity of the premises under
consideration and how the proposed Special Use will affect neighborhood integrity.
4. The adequacy and availability of water, sewage and storm drainage facilities and police and fire
protection.
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.
Recommendation:
The Department recommends approval of the applications, subject to the following:
1.) Acceptance and recording of the enclosed commitments by the petitioner.
The Public and petitioner should be provided an opportunity to provide comment on the
recommendation prior to final action by the Board.