HomeMy WebLinkAboutExecutive Summary
Executive Summary of
Application for Board of Zoning Appeals Action
Special Use Approval Request
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Mueller Property North r-:
Sand and Gravel Operatio ~
Prepared For:
City of Carmel - Clay Township
Hamilton County
One Civic Square
Carmel, Indiana 46032
Prepared By:
Martin Marietta Materials, Inc.M
1980 E. 116th Street, Suite 200
Carmel, Indiana 46032
May 18, 2005
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TABLE OF CONTENTS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
APPLICATION NARRATIVE
COMMITMENTS
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
FOR SPECIAL USE APPROVAL REQUEST
PLANS AND DETAILS
Findings of Fact and
Conclusions of Law
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CARMEL/CLAY ADVISORY BOARD OF ZONING APPEALS
Docket No: 05010021 SU
May -' 2005
MARTIN MARIETTA'S PROPOSED FINDINGS OF FACT
AND CONCLUSIONS OF LAW
Martin Marietta's Application
Mueller North Property
1. Martin Marietta Materials, Inc. ("Martin Marietta") has filed an application with
the Carmel-Clay Board of Zoning Appeals ("BZA") for approval to mine sand and gravel on
property that it leases from the E. and H. Mueller Development, LLC ("Mueller Development").
The entirety of the tract for which a special use permit is sought is north of 106th-Street and is
more particularly described on Exhibit "A" hereto. For convenience, the tract will be referred to
as "Mueller North" or the "Mueller North Property."
2. The Kingswood residence nearest to the Mueller North Property is approximately
300 feet from the closest point of mining proposed by Martin Marietta.
3. Martin Marietta's application was found to be complete by the Department of
Community Services and thereafter was the subject of multiple Technical Advisory Committee
("T AC") reviews.
4. As a result of comments during the T AC process, Martin Marietta made various
changes to its application.
5. In addition to TAC review, the City's mining consultants, Spectra Environmental
Group, Inc. ("Spectra") reviewed Martin Marietta's application.
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6.
The City Utilities Department performed a hydrologic review of the potential
impact of Martin Marietta's mining operations on the City's nearest wells. The City Utilities
Department has determined that it can co-exist with the proposed special use on Mueller North.
7. . Martin .Marietta submitted all of the materials. and information requited by
Section 21.03 of the Carmel Clay Zoning Ordinance.
8. Martin Marietta's application is for sand and gravel extraction using dredge
process. No blasting on the Mueller North Property is proposed in the application or allowed as
a result of this decision.
9. Martin Marietta's application does not seek approval for processing of sand and
gravel on Mueller North and none is permitted by this decision.
Le2:al Framework in Which the Board's Decision Must Be Made:
10.
The Mueller North Property is zoned S-l. Under Section 5.2 of the CarmeVClay
Zoning Ordinance, mining is a "Special Use" in the S-l district.
11. According to Section 21.04 ofthe Zoning Ordinance:
"Special uses shall generally be considered favorably by the Board, except in cases
where the Board fmds 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.)
12. A Special Use is 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 Bd. Of Zoning
Appeals v. Public Storage. Inc., 568 N.E.2d 1092, 1095, (Ct. App. Ind. 1991), Trans. Denied.
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13. 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 have discretion
to apply different criteria from those set forth in the ordinance.
14. 'The Board's decision in this matter 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). Speculation, unsupported opinions, generalized expressions of
fear or concern, and irrelevant matters are not evidence on which this Board can rely.
Compliance with the Ordinance's Special Use Requirements:
15. Section 21.04 of the Zoning ordinance sets forth the criteria to be applied by this
Board in granting or denying a special use permit. They are discussed below:
"The particular, physical suitability of the premises in question -for the special use."
This standard is met. The Mueller North Property has a valuable sand and gravel deposit
located on it and is contiguous to an existing sand and gravel pit and processing plant, and
directly across the street from another sand and gravel pit and a large, open pit and underground
quarry.
The economic factors related to the proposed special use. such as
cost/benefit to the community and its anticipated effect on surroundin2 property values:
This standard is met. Mining the sand and gravel deposit on the Mueller North Property
provides a needed material with the least impact on the community. Martin Marietta submitted a
study of property values in the Kingswood neighborhood, which showed that they have not been
adversely affected by the existing mine. The City's consultant, Spectra, has previously described
the study by Integra Realty Resources as "very comprehensive" and "agree[d] with the
conclusion that Mining at Martin Marietta has not negatively impacted property values."
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The Remonstrators presented no evidence that approval of this application would
adversely affect property values.
The SociaI/Nei2hborhood Factors Related to the Proposed Special Use Such
as Compatibility With the Existin2 Uses and Those Permitted Under CurrentZonin2
in the Vicinity of the Premises Under Consideration and
How the Proposed Special Use Will Affect Nei2hborhood Inte2ritv:
a. This standard is met. The Zoning Ordinance adopted by the Carmel City Council
expressly allows sand and gravel extraction as a special use on S-l property. The City Council
has zoned the Mueller North Property S-l, thus finding it to be compatible with the uses allowed
in that district. The City Council has further directed that "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. "
b. Remonstrators offered no evidence that the property is "obviously inappropriate
as a result of special and unique conditions."
c. The evidence before the Board is that Mueller North is contiguous to an existing
sand and gravel pit and processing plant, and directly across the street from another sand and
gravel pit and a large, open pit and underground quarry. It is obviously compatible with such
similar uses.
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The adequacy and availability of water. sewa2e.
and storm draina2e facilities and police and fire protection:
This standard is met. 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 T AC process, by the City's mining consultant, Spectra, and by the City
Utilities Department and its consultant. No one identified any inadequacy in the items specified
by this criterion.
The effects of the proposed Special Use on vehicular and pedestrian traffic
in and around the premises upon which the Special Use is proposed:
a. The special use application proposes to use the existing access points to the
quarry. No additional entrances are proposed or allowed by this permit.
b. Pedestrian traffic will not be allowed on the property. The property will be
barricaded by berms and fencing as described in the application package.
Commitments:
16. DOCS has tendered commitments to the Board for its consideration if the Board
finds the standards in Section 21.04 are met.
17. The commitments mitigate any adverse impacts from the proposed special use
and assure it will be operated in compliance with local, state, and federal laws.
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Conclusion:
The Board finds, as of this _ day of ,2005, that the criteria set forth in Section
21.04 for the issuance of the special use permit requested by Martin Marietta under Docket No.
05010021 SU are met and, accordingly, directs the issuance of the permit, as limited by the
commitments.
Leo Dierckman
James R. Hawkins
Earlene Plavchak
Madeleine Torres
Kent Broach
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EXHIBIT A
Real Estate Description - Mueller North
Legal Description
Part of the South Half of Section 4, Township 17 North, Range 4 East of the Second Principal
Meridian in Clay Township, Hamilton County, Indiana, described as follows:
Beginning at the Southwest corner of Section 4, Township 17 North, Range 4 East of the Second
Principal Meridian in Clay Township, Hamilton County, Indiana; thence South 89 degrees 55
minutes 56 seconds East (assumed bearing) on the South line of said Section 4, a distance of
3,302.24 feet to the Westerly line of real estate conveyed to the City of Carmel, Indiana, by a
document titled "Certification of Clerk" recorded in the Office of the Recorder of Hamilton County,
Indiana, as Instrument Number 9709754848; (the following seven courses being on the Westerly
line of said real estate) 1.) thence North 00 degrees 04 minutes 04 seconds East 16.50 feet; 2.)
thence North 60 degrees 23 minutes 05 seconds East 57.55 feet; 3.) thence North 89 degrees 50
minutes 43 seconds East 254.47 feet; 4.) thence South 81 degrees 22 minutes 39 seconds East
198.24 feet; 5.) thence North 25 degrees 45 minutes 13 seconds East 826.18 feet; 6.) the.nee North
21 degrees 15 minutes 23 seconds East 576.29 feet; 7.) thence North 07 degrees 37 minutes 09
seconds East 180.00 feet to a point on a line that is parallel with the South line of said Section 4,
and extends Easterly from a point on the East line of the Southwest Quarter of said Section 4 that
is 154.10 feet North of the Southeast corner of the North Half of said Southwest Quarter; thence
North 89 degrees 55 minutes 56 seconds West on said line 1,718.86 feet to the aforesaid point on
the East line of said Southwest Quarter, being also the East line of KINGSWOOD SUBDIVISION,
SECTION THREE, a subdivision In Hamilton County, Indiana, the Secondary Plat of which, as
amended December 22, 1988, is recorded in said Recorder's Office as Instrument Number
8900204 on pages 111 and 112 of Plat Book 16; thence South 00 degrees 07 minutes 43 seconds
West on the East line of said Southwest Quarter 154.10 feet to the Southeast corner of the North
Half of said Southwest Quarter; thence North 89 degrees 51 minutes 18 seconds West on the
South line of the North Half of said Southwest Quarter 1,521.03 feet to the Northeast corner of real
estate conveyed to the City of Carmel, Indiana, per a Deed recorded in the Office of the Recorder
of Hamilton County, Indiana, on page 865 of Deed Record 329, said corner being 1,146.65 feet
East of the Northwest corner of the South Half of said Southwest Quarter; thence South 00 degrees
27 minutes 42 seconds West on the East line of said real estate 918.75 feet, per the aforesaid
deed, (919.89 feet by measurement) to the Southeast corner of said real estate, said corner lying
on a line that extends South 89 degrees 51 minutes 29 seconds East, measured parallel with the
North line of South Half of said Southwest Quarter from a point on the West line of said Southwest
Quarter that is 406.45 feet North of the Southwest corner of said Section 9; thence North 89
degrees 51 minutes 29 seconds West on said line and the Westerly prolongation thereof, a totaJ
distance of 1,145.58 feet, perthe aforesaid deed, (1,144.55 feet, by measurement) to the aforesaid
point on the West line of said Southwest Quarter, said point being also the Southwesterly corner
of real estate conveyed to the City of Carmel, Indiana, by a Warranty Deed recorded In said
Recorder's Office as Instrument Number 8726638; thence South 00 degrees 19 minutes 51
seconds Weston the West line of the Southwest Quarter of said Section 9, a distance of 406.45
feet to the place of beginning, containing 105.981 acres, more or less.
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Application Narrative
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MARTIN MARIETTA MATERIALS,INC.
MUELLER PROPERTY NORTH
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 105.9B-acre tract north 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
North." Neither blasting nor processing is being proposed on the property. It is
estimated that the life of the project will be between eight and fourteen years. The exact
duration will depend on market conditions. The sand and gravel extraction will result in
the creation of a lake.
This application was accompanied by a detailed set of documents, studies, plans and
maps. The submittals included:
. Application for Board of Zoning Appeals Action Special Use Approvc~i1 Request
(Dated December 2002)
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. Additional Information for Application for Board of Zoning Appeals Action Special
Use Approval Request (Dated January 2005)
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 PROJECT OPERATIONAL PHASES
The following sections discuss Martin Marietta's sequencing of the project.
2.1 Site Preparation
Prior to any earth-moving activities, appropriate erosion and sedimentatiqn 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. For further details please reference the Mueller Property North Sand and
Gravel Operation Erosion and Sediment Control Report (Dated January 2005).
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2.2 Overburden Removal
Approximately five feet of topsoil and other nonaggregate 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 8:00 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 have to be constructed outside the months of
November through March in 2005.
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 North Sand and Gravel Operation Erosion and Sediment Control
Report (Dated January 2005).
2.3 Mining
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The next phase after overburden removal is the extraction of the sand and gravel
deposit, which is approximately 45 feet thick. Martin Marietta will use a floating dredge
to remove the sand and gravel. The dredge will start in the existing lake on Martin
Marietta Property and will progress onto the Mueller Property North. As mining
progresses, the lake will expand.
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. At its closest
point, the northernmost limit of extraction will be approximately 365 feet away from the
nearest residential property line.
Hours of operation for extraction of sand and gravel will be 6:00 A.M. to 9:00 P.M.
Monday through Friday, and from 8:00 A.M. to 2:00 P.M. on Saturday, except in such
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. Weighing out and loading will be limited to 6:30
a.m. to 6:30 p.m. Monday through Friday and 8:00 a.m. to 2:00 p.m. Saturday. No
operations are permitted on Sunday or holidays.
2.4 Material Transport
Trucks and other heavy equipment accessing the site shall use the existing entrances on
Hazel Dell Parkway (except as it may be necessary to access the site from 106th Street
for berm construction).
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2.5 Reclamation
Once mining operations are complete, the site will be reclaimed by grading the side
slopes at a 3:1 grade (horizontal to vertical) to the water's edge. A minimum of six
inches of topsoil will be spread on-site 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 will be permanently seeded in accordance with the seed mixes
outlined and detailed on the Reclamation Plan Map provided. Rock lining of the lake
. slopes will further stabilize the slopes and insure vegetative growth. The rock lining will
extend a distance 2.5 feet above and below the normal water elevation for a total vertical
distance of 5 feet. 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.
3.0 OTHER ENVIRONMENTAL AND AESTHETIC CONSIDERATIONS
The following sections discuss Martin Marietta's plans to address additional
environmental and aesthetic considerations.
3.1 Screening and Buffering
A buffer area of approximately 300 feet in width will be maintained along the northern
and western permit boundaries adjacent to Carmelot Park and the Kingswood
neighborhood. A temporary berm approximately 11' to 15' in height will be constructed
adjacent to the property line adjoining the Kingswood neighborhood and landscaped as
provided in the Landscape Plan Map. A six-foot high black chain-link fence shall be built
just north of the berm. Additionally, the twenty-five foot (25') wide tree-planting area
along the northern and western permit boundaries will be installed prior to the
overburden removal.
A seeded berm of approximately 6' to 10' feet in height and a six-foot high chain-link
fence will be constructed along the northern boundary of Hazel Dell Parkway. The berm
will provide a 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 300-foot buffer
and portions 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 Drawing 2
of the Mueller Property North 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.
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3.2 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.
3.3 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. .
3.4 Noise
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Noise impacts on the subject property will be minimal. The application anticipates the
relocation of the Carmel Sand Plant to the east side of Hazel Dell Parkway, which would
eliminate an existing noise source on Martin Marietta's Carmel Sand Plant property.
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 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 North Sand and Gravel Special Use Application (Dated
January 2005).
3.5 Spill 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 Carmel Sand 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.
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4.0 SUMMARY OF MAJOR SUBMITTALS (maps and studies)
Area Map (Dated January 28, 2005)
Zoning Map (Dated January 28, 2005)
Mine Plan Map (Dated February 25, 2005)
Reclamation Plan Map (Dated January 28, 2005)
Landscaping Plan Map (Dated May 5, 2005)
Cross Section Map (Dated May 5, 2005)
Erosion and Sediment Control Report (Dated January 2005)
Sound Level Assessment (Dated January 2005)
Groundwater and Surface Water Monitoring Plan (Dated May 2005)
Spill Prevention, Control and Countermeasure Plan (SpeC) (Dated April 2003)
Commitments to the City of Carmel (to be submitted)
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Commitments
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MARTIN MARIETTA MATERIALS. INC.
MUELLER PROPERTY NORTH
SAND AND GRAVEL SPECIAL USE APPLICATION
Docket No. 05010021 SU
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 northwest
corner of the intersection of 106th Street and Hazel Dell Parkway, 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 Operational Commitments
(a)
Martin Marietta will develop a sand and gravel operation on the Real Estate to
commence in 2005 and continue for approximately 8 to 14 years, depending on
market conditions. Provided, however, that this permit shall expire 18 years from
the commencement of sand and gravel extraction. Martin Marietta shall notify
the Director (the "Director") of the Department of Community Services
("DOCS") of the City of Carmel (the "City") within seven (7) days of such
commencement. Within ten (10) business days following the approval of Docket
No. 05010021 SU by the BZA, Martin Marietta shall p~tition the BZA, and
otherwise take all action reasonably within its control to have the time limits on
the Mueller South Special Use permit for the completion of mining modified. If
granted an extension by the Board of Zoning Appeals of the time to complete
mining on the property commonly known as Mueller South, located on the south
side of East 106th Street west of Hazel Dell Parkway, Carmel, Indiana ("Mueller
South"), Martin Marietta agrees to commence mining activities upon the Mueller
North Real Estate in 2005 and to mine substantially all of its requirements for
sand and gravel from Mueller North or the area on which the Carmel Sand Plant
is located beginning in 2006 and until reserves are exhausted on the Real Estate
and the Carmel Sand Plant area. Subject to the Carmel/Clay Board of Zoning
Appeals ("BZA") extension of time to mine Mueller South, Martin Marietta shall
not commence extraction on Mueller South until the sand and gravel reserves on
the Real Estate and Carmel Sand Plant property are exhausted.. Provided,
however, Martin Marietta reserves the right to continue to mine Mueller South in
2005, and as necessary to maintain the validity of its permits, or in the event of an
equipment breakdown or other occurrence that interrupts the supply of feed
material or the processing or storage of such material.
INDY lS4835SvS
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(d)
(b)
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The hours of operation for th~ extraction of sand and gravel will be 6:00 a.m. to ;:/
9:00 p.m., Monday through Fnday, and from 8:00 a.m. to 2:00 p.m. on Saturdays, 'I
except that the weighing and load out of materials for shipment shall be further
limited to the hours of 6:30 a.m. to 6:30 p.m. Monday through Friday and from
8:00 a.m. to 2:00 p.m. Saturdays. No operations are permitted on Sunday or
holidays.
(c) Extraction operations may be conducted outside these hours ~ only (i) to supply
materials for inclusion in a public (state, federal or municipal) project; (ii) to
respond to an emergency involving a matter of public interest that requires the
immediate use of Martin Marietta's materials, such as by way of illustration,
flooding or emergency road or structural repair; or (iii) to meet exceptional
demands caused by special projects requiring work outside normal hours.
Operations outside the above stated hours to meet the demands of a project as
identified in sections (i) or (iii) above shall not exceed thirty days in 2006, and
fifteen (15) calendar days in any successive calendar year. Provided, however
that days not used in any calendar year may be carried forward and aggregated
with any successive year, up to a maximum of seventy-five (75) days that can be
aggregated and used as exceptions to the hours of operations in anyone calendar
year. Except in the case of emergencies, DOCS shall be advised of all operations
outside of the stated hours at least 48 hours in advance of the work. -
Overburden removal shall be completed during the hours of 7:00 A.M. to 8:00
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, Sunday,
or holidays. Martin Marietta shall conduct all operations, including overburden
removal, in a manner so as to reasonably minimize noise, dust, and light impact
on surrounding properties.
(e) Martin Marietta's acceptance of the hours of operation set forth above is based on
the specific nature of the particular activities and site regulated by such hours and
shall not be deemed to establish a precedent or suggest that such hours are
reasonable for any other operations or any other site.
(f) No blasting shall occur on the Real Estate unless otherwise approved by the -BZA
under a future petition.
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INDY 1548355v5
Within ten (10) business days following the approval of Docket No. 05010021 SU
by the BZA, Martin Marietta shall petition the BZA, and otherwise take all action
reasonably within its control, to cause a remand of Docket No. UV-2302, which
was decided by the BZA on May 28, 2002, and which is the subject of an appeal
by Martin Marietta pursuant to a cause now pending before the Hamilton Superior
Court No.2 in Cause No. 29D02 0206 PL 510 styled as Martin Marietta
Materials, Inc. v. Carmel/Clay Board of Zoning Appeals, et al so as to bring back
to the BZA for reconsideration its petition to relocate its Carmel Sand Plant to a
site on the east side of Hazel Dell Parkway. If, for any reason-,- the appeal is not
remanded to the BZA for reconsideration, Martin Marietta agrees to submit a new
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application to the Board for the relocation of the plant to the east sid
Dell Parkway on no less than the same commitments made by it the 2002
application and thereafter to use its best efforts to obtain the app oval of such
relocation. Martin Marietta agrees not to extract sand or gravel from Mueller
North until such time as the BZA has ..
, . This condition
shall 'fiot prevent Martin Marietta from commencing site work on Mueller North.
Martin Marietta further agrees that if said Docket No. UV-2302 is remanded and
approved by the BZA, Martin Marietta shall relocate such plant during the winter
of 2005-06 pursuant to the site plan and any related commitments so approved by
the BZA. Further, upon the relocation of such Carmel Sand Plant, and subject to
obtaining all necessary permits in respect thereof, Martin Marietta agrees to make
reasonable efforts to relocate the stockpiles of its materials adjacent to the
relocated Carmel Sand Plant so as to attenuate sound from the relocated
processing and sales operations related thereto. Upon approval of the relocation
of the Carmel Sand Plant, Martin Marietta shall be relieved from its obligation
under the approval of Docket No. 04040024-SU to provide a northbound left turn
lane into the existing Carmel Sand Plant entrance along Hazel Dell Parkway.
(h)
Martin Marietta agrees that, so long as it has available, permitted and mineable
reserves on its Mueller North or Mueller South sites, it will not import sand 'and
gravel materials from sites other than (a) its sites commonly referred to as North
Indianapolis, 96th Street or Carmel Sand for processing at the Carmel Sand Plant;
and (b) its Kokomo plant for masonry sand. Provided, however, that this shall not
prevent the occasional importation of material from other sites on an infrequent
basis not to exceed ten (10) days in any given month and no more than sixty (60)
days in total for any calendar year. Further, Martin Marietta shall be allowed to
import material on an emergency basis due to an interruption in the supply of
material from its existing Carmel sites, such as by way of a dredge, pump, or
other malfunction or breakdown. This limitation shall expire when Martin
Marietta no longer has available, permitted and mineable reserves on its Mueller
North and Mueller South sites.
2. Reports and Permits
(a) Prior to commencement of any work on the Real Estate, Martin Marietta shall
provide copies of approvals and permits from every governmental agency having
jurisdiction over the Real Estate and/or activities of Martin Marietta at such site,
including all submittals to such governmental agencies, and shall include all
specifications and restrictions contained in such submittals and approvals.
(b)
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INDY 1548355v5
Following approval of Docket No. 05010021 SU, Martin Marietta shall submit an
annual report, on or before March 1 of each year, indicating the progress th(it has
been made in the development and mining of the Real Estate until final site
reclamation. DOCS shall make the report available for inspection and copying by
all interested parties. Martin Marietta shall be entitled to submit a single,
combined report for its Mueller North and Mueller South sites.
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(c)
The maps, submittals, and undertakings in the T AC responses shall be deemed the
application documents and shall bind Martin Marietta. Attached hereto as Exhibit
B is a master list of the maps and submittals governing the application and this
approval. In the event of a conflict between maps or submittals, the most recent
submittal shall be deemed to supersede all prior maps or submittals and to be
binding on Martin Marietta.
(d) Martin Marietta shall use the existing Carmel Sand Plant entrances on Hazel Dell
Parkway for haul trucks and other heavy equipment accessing the Real Estate
(except as it may be necessary to access the Real Estate from 106th Street for
berm construction). No new entrances are proposed in the Special Use
application or allowed by the Special Use approval. Provided, however, the
Director is authorized to allow an additional entrance on 106th Street if Martin
Marietta proposes to use it for purposes of crossing 106th Street to access the
Mueller South property. The Director is authorized to apply such conditions to
any approval as he deems reasonable.
(e)
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The berm specified along the perimeter of the property as identified on the site
mine plan shall be substantially complete within one hundred eighty (180) days of
the commencement of the removal of overburden from the Real Estate.
Completion shall include, but not be limited to, landscaping installation and
seeding. The Director is authorized to allow landscaping and seeding to be
deferred up to six (6) months to allow planting to be done at an appropriate time
seasonally.
3. Studies and Monitoring
If the Director determines that study or monitoring of off-site impacts, such as noise,
dust, or truck traffic by way of example is necessary, he or she shall notify Martin Marietta of the
particular matter needing study. Martin Marietta shall then present the Director with a proposal
to address the matter raised by the Director, at Martin Marietta's expense, within forty-five (45)
days. If the Director agrees with the proposal, Martin Marietta shall cause the study or
monitoring to be performed at its expense in the time frame set forth in the proposal. If the
Director does not agree with Martin Marietta's proposal, he or she shall modify it or present
Martin Marietta with his or her oWn proposal and Martin Marietta shall pay the cost of. such
studies.
4. Water Monitoring
Martin Marietta agrees to modify the existing water quality monitoring plan adopted in
connection with the approval of sand and gravel mining on Mueller South to, among other
things, relocate actual or proposed monitoring wells to sites specified by the Utilities
Department. Further, Martin Marietta will cooperate with the City Utilities Department (the
"Department") in the development of a water quality monitoring program acceptable to the
Department. Martin Marietta's proposal in that regard is contained in the document titled
"Groundwater and Surface Water Monitoring Plan for the Mueller Property North Sand and
Gravel Operation Carmel, Indiaria," dated May, 2005, and previously submitted to the
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Department. Martin Marietta agrees to pay for the monitoring and activities proposed to be done
by Martin Marietta in the said May, 2005 report. Martin Marietta recognizes that the City wants
to conduct additional monitoring at its own expense and agrees to cooperate with the City to
permit such additional monitoring. Further, Martin Marietta shall grant the City access to the
monitoring points, flow meters, and related areas at all reasonable times, subject to compliance
with MSHA regulations. The City shall also have access to monitoring locations on an as
needed basis for emergency purposes. Additionally, Martin Marietta will notify the City Utilities
Department as to the date of the annual training as prescribed by the Spill Prevention, Control,
and Countermeasure Plan dated April 2003 such that a Utilities representative can attend and/or
participate in the training.
5. Compliance with Thoroughfare Plan
Martin Marietta will dedicate or cause to be dedicated a forty-five foot half right-of-way
for the north side of East 106th Street (Secondary Arterial) pursuant to the Carmel Thoroughfare
Plan, following approval of its request for a Special Use Permit for the Real Estate. Martin
Marietta shall be entitled to reserve a corridor in the right-of-way for accessing the Mueller
South Property as referenced in paragraph 2( d) above.
6. Buffers and Screening
(a)
A buffer area of approximately 300 feet in width will be maintained along the
northern and western permit boundaries adjacent to Carmelot Park and the
Kingswood neighborhood. Martin Marietta shall construct a temporary berm
approximately II' to IS' in height. The berm shall be landscaped as provided in
the submittals and, adjacent to the property line adjoining the Kingswood
neighborhood, a six-foot (6') high black chain-link fence shall be built just north
of the berm as shown on the submittals. Additionally, the twenty-five foot (25')
wide tree planting area along the. northern and western permit boundaries will be
installed prior to the overburden removal.
(b) A seeded berm along the northern boundary of 1 o 6th Street approximately 6' to 10'
in height will be constructed.
(c) All landscaping will be completed and maintained consistent with. the
Landscaping Plan Map, a copy of which is on file in the Office of DOCS, except
as modified in (a) above.
7. 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 with the
Carmel Fire Department, Carmel Utilities and in the Office of DOCS.
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INDY 1548355v5
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(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 DOCS.
(d) Martin Marietta agrees to use the best available technology allowed by MSHA
and other applicable regulatory authorities for its back~up alarms on the Mueller
North property and further agrees voluntarily to apply this condition to its Carmel
Sand plant. Initially, Martin Marietta proposes to install strobe safety lights on all
of its equipment operating on the Real Estate to the extent permitted by laws and
regulations, to be used for operations after sundown and before sunrise in place of
back-up alarms. These strobes shall be installed within sixty (60) days of the
grant of this permit unless the Director requests that Martin Marietta defer the
installation of such strobes to give the Director additional time to determine
whether there is a better available technology. Thereafter, the Director shall be
entitled, once every two (2) years, to advise Martin Marietta of the availability of
newer, preferable technology and to require that it be utilized if commercially
available. Provided, however, that all such safety measures shall conform to all
laws and regulations and safety standards then extant with regard to back up
protections.
8. Reclamation
(a)
Unless an alternative reclamation plan is approved, Martin Marietta shall reclaim
the Real Estate as a Lake 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
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 Reclamation Plan Map, a copy of which is on file in the Office of DOCS.
(c) Martin Marietta will provide a reclamation bond payable to the City in an
appropriate and reasonable amount that, in the Director's discretion, is. sufficient
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, and shall be subject to amendment from time to time as deemed
necessary by the City to assure completion of the reclamation.
(d)
INDY 1548355v5
Martin Marietta and the owners of the Real Estate agree that none of the Real
Estate between the mined area (reclaimed as a lake) and (a) any adjacent
Kingswood property; (b) Carmelot Park; and (c) 106th Street ("buffer area") shall
be used for any use other than open space, conservation or reclamation. Such
buffer area shall be perpetually preserved as natural undeveloped open space to:
(i) protect such property's natural and watershed values, (ii) protect and retain
quality habitat for native plants and animals and (iii) maintain and enhance the
natural features of the property. Any uses which interfere with or which are.
inconsistent with such natural undeveloped open space use (e.g., commercial or
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residential development) are expressly prohibited and no structures will be placed
in the buffer area. The foregoing provisions of this Section 8( d) shall also be
contained in any deed conveying an interest in the Real Estate as a deed
restriction.
9.
Binding Effect
These Commitments are binding on Martin Marietta as the current lessee and E. & H.
Mueller Development, LLC ("Mueller") as the current owner of the Real Estate, each subsequent
lessee and owner thereof, and each person acquiring an interest therein, unless modified or
terminated by the BZA or its successor pursuant to this paragraph. These Commitments may be
modified or terminated only upon (a) petition by Martin Marietta or its successor, and (b)
approval by the BZA after notice and hearing pursuant to the BZA's Rules of Procedure. Until
they expire or are modified or terminated pursuant to this paragraph, these Commitments shall be
enforceable by the City of Carmel or the BZA by injunctive relief, denial of building permits or
approvals in respect of the Real Estate, or other appropriate administrative or judicial remedy,
provided that any such relief, denial or other remedy is related to the Real Estate and to some
effects or harm from a breach or violation of these Commitments by Martin Marietta 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
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10.
General.
(a) In all matters where a representative of the City is given discretion to order
studies or take action, such representative shall do so reasonably and shall not
require the doing of any act or the expenditure of money for arbitrary or
capricious reasons.
(b) This approval is specific to the Martin Marietta proposal for the mining of sand
and gravel on the Mueller North parcel only, and in no way implies that the BZA
has reviewed, condoned, or approved any aspect of any other application for
mining at that location.
(c) The denial of a future application to mine on the Real Estate shall not be deemed
a taking based on any theory that the Real Estate has become unusable for any
purpose other than mining by virtue of the grant of this Special Use permit.
Martin Marietta retains its right to challenge the denial of any future application
on any other ground or theory, including a taking theory not based on the grant of
the permit herein, whether bl:iSed on state or federal laws or constitutions, board
rules, local ordinances, or otherwise.
(d) Martin Marietta shall provide access to City employees and its consultants, at all
reasonable times, for purposes of monitoring compliance with these
COMMITMENTS and any other responsibilities derived there from.
U 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
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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. 05010021 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 issuedin said Approval Docket No. 05010021 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. 05010021 SUo
IN WITNESS WHEREOF, Martin Marietta has caused the execution of this instrument
this day of May, 2005.
MARTIN MARIETTA MATERIALS, INC.
By:
John J. Tiberi
Regional Vice President/General Manager
MidAmerica Region
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STATE OF INDIANA
)
) SS:
)
COUNTY OF MARION
Before me, a Notary Public in and for said County and State, personally appeared John J.
Tiberi, the Regional Vice President/General Manager, MidAmerica Region, 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 May, 2005.
Signature
Printed
NOTARY PUBLIC
My Commission Expires:
County of Residence:
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INDY 1548355v5
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E. & H. MUELLER DEVELOPMENT,
LLC, an Indiana limited liability company
By:
Signature
Its:
Printed Name and Title
STATE OF INDIANA )
) SS:
COUNTY OF )
Before me, a Notary Public in and for said County and State, personally appeared
, the Managing Member, authorized agent of E. & H. Mueller
Development, LLC, an Indiana limited liability company, 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 May, 2005.
Signature
Printed
NOTARY PUBLIC
My Commission Expires:
County of Residence:
This instrument was prepared by and after recordation should be returned to Zeff A. Weiss,
Ice Miller, One American Square, Box 82001, Indianapolis, Indiana, 46282-0200, Telephone
(317) 236-2319.
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INDY 1548355v5
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ExmBIT A
REAL ESTATE DESCRIPTION
legal DescrlDtlon
Part of the South Half of Section 4, Township 17 North, Range 4 East of the Second Principal
Meridian in Clay Township, Hamilton County, Indiana, described as follows:
Beginning at the Southwest corner of Section 4, Towriship 17 North, Range 4 East of the Second
Principal Meridian in Clay Township, Hamilton County, Indiana; thence South 89 degrees 55
minutes 56 seconds East (assumed bearing) on the South line of said Section 4, a distance of
3,302.24 feet to the Westerly line of real estate conveyed to the City of Carmel, Indiana,. by a
document titled "Certification of Clerk" recorded in the Office of the Recorder of Hamilton County,
Indiana, as Instrument Number 9709754848; (the following seven courses being on the Westerly
line of said real estate) 1.) thence North 00 degrees 04 minutes 04 seconds East 16.50 feet; 2.)
thence North 60 degrees 23 minutes 05 seconds East 57.55 feet; 3.) thence North 89 degrees 50
minutes 43 seconds East 254.47 feet; 4.) thence South 81 degrees 22 minutes 39 seconds East
198.24 feet; 5.) thence North 25 degrees 45 minutes 13 seconds East 826.18 feet; 6.) thence North
21 degrees 15 minutes 23 seconds East 576.29 feet; 7.) thence North 07 degrees 37 minutes 09
seconds East 180.00 feet to a point on a line that is parallel with the South line of said Section 4,
and extends Easterly from a point on the East line of the Southwest Quarter of said Section 4 that
is 154.10 feet North of the Southeast corner of the North Half of said Southwest Quarter; thence
North 89 degrees 55 minutes 56 seconds West on said line 1,718.86 feet to the aforesaid point on
the East line of said Southwest Quarter, being also the East line of KINGSWOOD SUBDIVISION,
SECTION THREE, a subdivision in Hamilton County, Indiana, the Secondary Plat of which, as
amended December 22, 1988, is recorded in said Recorder's Office as Instrument Number
8900204 on pages 111 and 112 of Plat Book 16; thence South 00 degrees 07 minutes 43 seconds
West on the East line of said Southwest Quarter 154.10 feet to the Southeast corner of the North
Half of said Southwest Quarter; thence North 89 degrees 51 minutes 18 seconds West on the
South line of the North Half of said Southwest Quarter 1,521.03 feet to the Northeast corner of real
estate conveyed to the City of Carmel, Indiana, per a Deed recorded in the Office of the Recorder
of Hamilton County. Indiana, on page 865 of Deed Record 329, said corner being 1,146.65 feet
East of the Northwest corner of the South Half of said Southwest Quarter; thence South 00 degrees
27 minutes 42 seconds West on the East line of said real estate 918.75 feet, per the aforesaid
deed, (919.89 feet by measurement) to the Southeast corner of said real estate, said comer lying
on a line that extends South 89 degrees 51 minutes 29 seconds East, measured parallel with the
North line of South Half of said Southwest Quarter from a point on the West line of said Southwest
Quarter that is 406.45 feet North of the Southwest corner of said Section 9; thence North 89
degrees 51 minutes 29 seconds West on said line and the Westerly prolongation thereof, a total
distance of 1,145.58 feet, per the aforesaid deed, (1,144.55 feet, by measurement) to the aforesaid
point on the West line of said Southwest Quarter, said point being also the Southwesterly corner
of real estate conveyed to the City of Carmel, Indiana, by a Warranty Deed recorded In said
Recorder's Office as Instrument Number 8726638; thence South 00 degrees 19 minutes 51
seconds West on the West line of the Southwest Quarter of said Section 9, a distance of 406.45
feet to the place of beginning, containing 105.981 acres, more or less.
INDY 1548355v5
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EXHIBIT B
MASTER LIST OF MAPS AND SUBMITTALS
. Area Map (Dated January 28,2005)
. Zoning Map (Dated January 28, 2005)
. Mine Plan Map (Dated February 25,2005)
. Reclamation Plan Map (Dated January 28,2005)
. Landscaping Plan Map (Dated May 5, 2005)
. Cross Section Map (Dated May 5,2005)
. Erosion and Sediment Control Report (Dated January 2005)
. Sound Level Assessment (Dated January 2005)
. Groundwm~andSurt~eWm~
Monitoring Plan (Dated May 2005)
. Spill Prevention, Control and
Countermeasure Plan (SPCC) (Dated April 2003)
INDY 1548355v5
Application for
Special Use
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DOCKET NO.
CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY. INDIANA
APPLICATION FOR BOARD OF ZONING APP.EALS ACTION
SPECIAL USE APPROVAL REQUEST
Fee $450.00
DATE RECEIVED:
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Applicant Martin Marietta Materials. Inc.
Address 1980 E. 116 Street. Suite 200. Carmel. Indiana 46032
Project Name Mueller Property North Sand and Gravel Operation Telephone 317-573-4460
Engineer/Architect Max Williams. Martin Marietta Materials. Inc. Telephone 317-573-4460
Attorney Tom Engle& David Warshauer. Barnes & Thornburg 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: long-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
6) Common address of the property involved: 10750 River Road. Indianapolis. IN 46280
Legal description: See Appendix A
Tax Map Parcel No.: 17-14-04-00-00-019.000
7) State explanation of requested Special Use
a) Martin Marietta Materials. Inc. (hereinafter referred to as Martin Marietta) requests
a Special Use for surface sand and gravel extraction on the portion of the Mueller
property located north of 106th Street and described in Appendix A (hereinafter
referred to as the Mueller Property North or "subiect property"). The Mueller
Property North is located in an S-1 Residential District. Section 5.2 of the
Carmel/Clay Zoning Ordinance ("Ordinance") establishes that "Mineral extraction.
2)
1)
3)
4)
5)
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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
At present. Martin Marietta is appealing the denial by the Carmel-Clay Board of Zoning
Appeals of approval to conduct sand and aravel extraction operations on the Mueller
Property North and to relocate an existing processing plant pursuant to applications for
special use and variance approval (SU-24-02: SU-25-02: V-26-02: V-27-02. and UV-23-02).
The appeal is pending in the Hamilton Superior Court #2 as Cause No. 29D02-0206-PL-51 O.
15) Has work for which this application is being filed already started? If answer is yes, give details:
Yes - a small portion of the subject property was excavated for sand and gravel extraction
prior to 2001. The sand and gravel extraction operation was stopped pursuant to the
request of the Kingswood Homeowners Association in May 2001.
Building Permit Number: N/A
Builder: NI A
) 16). If proposed special use is granted, when will the work commence? Immediately
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8)
9)
10)
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12)
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borrow pit. top soil removal and their storage" is a permitted Special Use in this
district.
b) Martin Marietta Materials. Inc. also reauests a Special Use for an artificial lake on
the Mueller Property North. Section 5.2 of the Ordinance also allows an "Artificial
lake or pond" as a permitted Special Use in this district.
State reasons supporting the Special Use: (Additionally, complete the attached question sheet
entitled "Findings of Fact-Special Use")
See Appendix B
Present zoning of the property (give exact classification): S-1 Residence District: also partially
in a Special Flood Hazard Area (floodway fringe)
Pre~ent.use of the property: Aaricultural
Size of 10Vparcel in question: 105.981 acres
Describe the proposed use of the property: The Mueller Property North property will be used
as a sand and gravel operation and in the creation of an artificial lake.
Is the property: Owner occupied
Renter occupied X
Other
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.
Page 2 of 11 - Special Use Application
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17) If the proposed special use is granted, who will operate and/or use the proposed improvement
for which this application has been filed?
Martin Marietta Materials. Inc.
NOTE:
LEGAL NOTICE shall be published in the Noblesville Dailv LedQer 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:
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.)
2) 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.)
REALIZE THAT THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE
APPLICANT. AGAIN, THIS TASK MUST BE COMPLETE AT LEAST lWENTY-FIVE (25) DAYS PRIOR
TO THE PUBLIC HEARING DATE.
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Page 3 of 11 - Special Use Application
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The applicant understands that docket numbers will not be assigned until all supporting
information has been submitted to the Department 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, , Auditor of Hamilton 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 Adjoining
and Adiacent Property Owners and for the
Adjoining Property Owner Location Map
,:
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-...' Auditor of Hamilton County, Indiana
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Page 4 of 11 - Special Use Application
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AFFIDA VIT
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:
STATE OF INDIANA
S5:
County of
(Property Owner, Property Owner's Attorney, Date
or Property Owner's Power of Attorney)
(Please Print)
(County in which notarization takes place)
for
(Notary Public's county of residence)
(Property Owner, Attorney, or Power of Attorney)
foregoing instrument this
day of
,20_.
(SEAL)
Before me the undersigned, a Notary Public
County, State of Indiana, personally appeared
and acknowledge the execution of the
Notary Public - Signature
(SEAL)
Notary Public - Please Print
My commission expires:
Page 5 of 11 - Special Use Application
AFFIDAVIT
(.; I hereby swear that I am the applicanVlessee 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
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
(ApplicanVLessee)
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
c.
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PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING
CARMELJCLA Y BOARD OF ZONING APPEALS
I (WE) DO HEREBY CERTIFY THAT A LEGAL
(Petitioner's Name)
NOTICE OF PUBLIC HEARING BEFORE THE CARMEUCLA Y BOARD. 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 ackflowledge 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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CARMEUCLA Y 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 of the subject property lies within the Special Flood Hazard Area (floodway
fringe). However, the Indiana Department of Natural Resources (DNR) does not exercise
jurisdiction over the subject property. 5ee attached Flood Plain Analysis GN-16056-0 from the
DNR contained in the Flood Boundary correspondence in Appendix F.
2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district
and CarmeVClay Comprehensive Plan because:
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The Carmel/Clay Comprehensive Plan indicates that an Edge between a Residential
Community area and a Regional and Community Employment area passes directly through the
subject property. Under Indiana law, a special use is a use permitted subject to finding certain
conditions are met. The fact.that the City Council chose to include this special use in the 51
zoning classification is a determination that such use, with appropriate conditions, is consistent
with the character and permitted land uses in the zoning district and is consistent with the Carmel
Clay Comprehensive Plan. Further, the use is consistent with surrounding land uses because
mining is currently being conducted north, east, and south of the area for which a permit is being
sought and the area generally has been the subject of sand and gravel mining for many years.
The existing zoning ordinance and comprehensive plan are based on this history of use. The
General Policies regarding Residential Community areas provide that "transitions, in scale and
density, should occur between residential communities and community/regional employment
areas" and that "in areas where zoning changes are requested, such transition shall be
encouraged. and considered as part ofthe approval process." Mineral extraction and the resulting
artificial lake are low intensity uses and will be an effective transition between these two areas.
In addition, the Land Use Plan indicates a High Intensity residential community designation
directly to the southwest of the subject property, along the same Edge. The proposed mineral
extraction and artificial lake use will be a less obtrusive and lower intensity transitional use.
The property directly south and across 106th Street from the subject property is
designated as a Low Intensity Regional 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 extraction. 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." The artificial lake will
result in an open area between the existing residential community to the north and the Regional
and Community Employment area to the south.
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Page 10 of 11 - Special Use Application
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
north, on the adjacent property to the east, and on property farther to the south (not adjacent).
Also, portions of the subject property are in a floodway fringe, making normal development such
as residential development of the subject property more difficult. In addition, the desired geology
and market are present at the proposed Special Use area, making mineral 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:
Highly desirable residential development has grown up immediately adjacent to applicant's
existing sand and gravel operation, which is adjacent to the subject property. Similar residential
development of a high quality has occurred around other sand and gravel operations in the same
vicinity. Likewise, 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, which will result in the
creation of an amenity that will ultimately enhance the value of nearby property.
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 Carmel Sand Plant
access drive from the Hazel Dell Parkway. 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:
The applicant, in anticipation ofthe Board's review ofthe 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 CarmeVClay 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, CarmeVClay Board of Zoning Appeals
\ SECRETARY, CarmeVClay Board of Zoning Appeals
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Conditions of the Board are listed on the back.
(Petitioner or his representative to sign.) n
Page 11 of 11 - Special Use Application
Plans and Details
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