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HomeMy WebLinkAboutDept Report 08-11-04 ...~.. "' .~, .~..~~ f " ----,.. . , - ,-",) , . o -- , u CARMEL/CLAY BOARD OF ZONING APPEALS DEPARTMENT REPORT August 11, 2004 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-I/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. June 18,2004 Informational Booklet (distributed June 2004) 2. December 13, 2002 Application (original application booklet) 3. July 2004 response to comments provided during April 24, 2004 TAC meeting 4. March 2004 response to requests for information 5. April 2004 Construction Plan. . . Sand and Gravel Operation 6. Spill Prevention, Control, and Countermeasure Plan (Received August 4, 2004) 7. Written Remonstrance by Kingswood Homeowners Association, Inc. and other Remonstrators (Received August 6, 2004) In addition, among other correspondence, we have provided the following: 1. Request to table Public Hearing from Thomas C. Yedlick 2. Request to Table Hearing form Philip Thrasher, attorney for remonstrators . ; A ".... 4~ .C.. u u Analysis: Section 21.03 of the Zoning Ordinance outlines the Basis of Board Review ofa 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; S. 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. 21.04 Basis of Board Approval or Reiection. 21.04.01 SDecial 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 costlbenefit 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 effect 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. . j --, \\-_~": l u u Considering the items noted above the Board will make findings, upon final action, as follows: 1.) The Special Use in the Flood Plain District, Ordinance Z-160, Section 21.6 as amended does not apply and all prerequisites have been met by the Petitioner as verified by: 2.) The Special Use will be consistent with the Character and the Permitted Land Use of the Zoning District and Carmel/Clay Comprehensive Plan because: 3.) The Special Use is physically suitable for the land in question because: 4.) The Special Use will not be injuriously or adversely affect the adjacent land or property values because: 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: 6.) The Board has reviewed the requirements of the Ordinance Z-160, Section 21.3 (1- 25) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use: Recommendation: The Department recommends the following action: 1. After consideration of the two requests to table the public hearing the Department recommends the Board move forward with consideration and for the Board to conduct the Public Hearing at the August 11 th meeting. 2. The Department requests the Board receive written and verbal presentations from Spectra Environmental Group, Inc. (consultant employed by DOCS). 3. The Department requests the Board receive written and/or verbal presentations from the Carmel Utilities Department and/or their consultant(s). 4. The Department recommends the Board continue the Public Hearing and consideration ofthis request after initial public comment and questions by the Board. 5. The Department requests the Board set a future date for additional and/or final consideration of the petition prior to adjourning the August 11, meeting. Due to the complex and technical nature of this request the Department finds it critical to review and consider all public input delivered as part of the public hearing and questions/comments from Board members. Prior to the next meeting the Department will return proposed findings and a recommendation for final action to the Board. The Public and petitioner should be provided an opportunity to provide comment on the recommendation prior to final action by the Board.