HomeMy WebLinkAboutFindings of Fact & Ballots
City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
317-571-2417
Fax: 317-571-2426
FACSIMILE TELECOPY COVER LETTER
DATE: May 25,2005
FAX: Zeft Weiss, Ice Miller
FAX: 592-4788
FROM: Connie Tingley
BZA Secretary
Attached hereto are 7 pages, including this cover letter, for facsimile transmission.
Should you experience any problem in the receipt ofthese pages, please call 317 /571/2419
and ask for Connie.
NOTES:
Attached are the copies of the signed Findings of Fact and Ballot sheets.
Please call if you have any questions.
Thanks,
~
CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential
and are the property of the sender. The information contained in the material is privileged and is intended only for
the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be advised that any
unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied
information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify
us by telephone to arrange for retum of the forwarded documents to us.
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 2-160, 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. See 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:
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 S1
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 of the 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.
,
.j
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 subJe~t 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 approximateiy $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 sho~ 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'slter 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
lI'lSI? 10 Oa<. 15lL is granted. subject to any conditions stated in the minutes of this Board, which ara
incorporated herein by reference and made a part thereof./l/j' I / / .
/ ,/ // /
, 20 oS. //I/Jt</'~ ;(illi-----"
Adopted this 0(.3 day of JVLa.. '/
CHAIRPERSON, CarmeVClay Board of Zoning Appeals
\ SECRETARY, CarmeVClay Board of Zoning Appeals
'~
Conditions of the Board are listed on the back.
(Petitioner or his representative to sign.)
Page 11 of 11 - Special Use Application
CARMEL/CLAY BOARD OF ZONING APPEALS - CARMEL. INDIANA
PETITIONER - MARTIN MARIETTA MATERIALS. INC.
MmELLER PROPERTY NORTH
SAND AND GRAVEL SPECIAL USE APPLICATION
Docket No. 050010021 SU
BALLOT
The undersigned, having considered (i) the Application for Special Use Permit filed herein by
Martin Marietta Materials, Inc., (ii) the testimony and evidence in support thereof, (iii) the
submittals and testimony of remonstrators, (iv) as well as statements and/or submittals of (a) the
staff of the City of Carmel Department of Community Services, (b) the staff of the City of
Cannel Utilities Department, (c) other interested parties, as well as (d) counsel to petitioner and
otherwise being duly advised in the premises, now finds and states that applicant has established
the criteria required for the issuance of a special use permit under Chapter 21 of the Cannel/Clay
Zoning Ordinance, and I hereby vote to adopt the Findings of Fact attached hereto as Exhibit A,
subject to the Statement of Commitments set forth on the attached Exhibit B
Dated this '23 day of May, 2005.
;;..;I~,->,,' -
?=;!jI~
,IJames R. Hawkins
~~
E ene Plavchak
~~?:'~
.~eleine Torres .
,.~
INDY lSS4363v.l
~
CARMEL/CLAY BOARD OF ZONING APPEALS - CARMEL. INDIANA
PETITIONER - MARTIN MARIETTA MATERIALS. INC.
MrnELLERPROPERTYNORTH
SAND AND GRAVEL SPECIAL USE APPLICATION
Docket No. 050010021 SU
BALLOT
The undersigned, having considered (i) the Application for Special Use Permit filed herein by
Martin Marietta Materials, Inc., (ii) the testimony and evidence in support thereof, (iii) the
submittals and testimony of remonstrators, (iv) as well as statements and/or submittals of (a) the
staff of the City of Carmel Department of Community Services, (b) the staff of.the City of
Carmel Utilities Department, (c) other interested parties, as well as (d) counsel to petitioner and
otherwise being duly advised in the premises, now finds and states that applicant has established
the criteria required for the issuance of a special use permit under Chapter 21 of the Carmel/Clay
Zoning Ordinance, and I hereby vote to adopt the Findings of Fact attached hereto as Exhibit A,
subject to the Statement of Commitments set forth on the attached Exhibit B
Dated this _ day of May, 2005.
Leo ierckman /// /
If4--;?-r-/~L
ames R. Hawkins
./
Earlene Plavchak
Madeleine Torres
Kent Broach
INDY 1554363v.l
CARMEL/CLAY BOARD OF ZONING APPEALS - CARMEL. INDIANA
PETITIONER - MARTIN MARIETTA MATERIALS. INC.
MUELLER PROPERTY NORTH
SAND AND GRAVEL SPECIAL USE APPLICATION
Docket No. 050010021 SU
BALLOT
The undersigned, having considered (i) the Application for Special Use Permit filed herein by
Martin Marietta Materials, Inc., (ii) the testimony and evidence in support thereof, (iii) the
submittals and testimony of remonstrators, (iv) as well as statements and/or submittals of (a) the
staff of the City of Carmel Department of Community Services, (b) the staff of the City of
Carmel Utilities Department, ( c) other interested parties, as well as (d) counsel to petitioner and
otherwise being duly advised in the premises, now finds and states that applicant has established
the criteria required for the issuance of a special use permit under Chapter 21 of the CarmeVClay
Zoning Ordinance, and I hereby vote to adopt the Findings of Fact attached hereto as Exhibit A,
subject to the Statement of Commitments set forth on the attached Exhibit B
Dated this23 day of May, 2005. .
Leo Dierckman
'-~.
Madeleine Torres
Kent Broach
INDY1554363v.l
CARMEL/CLAY BOARD OF ZONING APPEALS - CARMEL. INDIANA
PETITIONER - MARTIN MARIETTA MATERIALS. INC.
MUELLER PROPERTY NORTH
SAND AND GRAVEL SPECIAL USE APPLICATION
Docket No. 050010021 SU
BALLOT
The undersigned, having considered (i) the Application for Special Use Permit filed herein by
Martin Marietta Materials, Inc., (H) the testimony and evidence in support thereof, (Hi) the
submittals and testimony of remonstrators, (iv) as well as statements and/or submittals of (a) the
staff of the City of Carmel Department of Community Services, (b) the staff of the City of
Carmel Utilities Department, (c) other interested parties, as well as (d) counsel to petitioner and
otherwise being duly advised in the premises, now finds and states that applicant has established
the criteria required for the issuance of a special use permit under Chapter 21 of the Carmel/Clay
Zoning Ordinance, and I hereby vote to adopt the Findings of Fact attached hereto as Exhibit A,
subject to the Statement of Commitments set forth on the attached Exhibit B
Dated this'& day of May, 2005.
Leo Dierckman
James R. Hawkins
Earlen~vchak
~ ~",
~eleine~
Kent Broach
INDY 1554363v.l
City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
317-571-2417
Fax: 317-571-2426
FACSIMILE TELECOPY COVER LETTER
DATE: May 25, 2005
FAX: Zeft Weiss, Ice Miller
FAX: 592-4788
FROM: Connie Tingley
BZA Secretary
Attached hereto are 2 pages, including this cover letter, for facsimile transmission. ,
Should you experience any problem in the receipt of these pages, please call 317/571/2419
and ask for Connie.
NOTES:
Attached are the copies of the signed Findings of Fact after I signed it.
Sorry!
Please call if you have any questions.
Thanks,
~
CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential
and are the property of the sender, The information contained in the material is privileged and is intended only for
the use of the individual(s) or entity(ies) named above, If you are not the intended recipient, be advised that any
unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied
information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify
us by telephone to arrange for return of the forwarded documents to us,
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 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 CarmeVClay Board of Zoning Appeals that Special Use Docket Number
{() 5/J 100.;( f 5 U is granted, subject to any conditions stated in the minutes of this Board, which are
incorporated herein by reference and made a part thereof. .. it? ... /.-1 . .. .L'
0'13 JVl ~ 0.5 i ,/ /1
Adopted this __ day of a. ,20_" ,-'., Ii /:t;~.1 ./'/ / /;/l<---~'-
, {hJ(, t, "'I, .. "
CHAIRPERSON, CarmeVClay Board of Zoning Appeals
. ".,' .) SECRETARY, CarmeVClay Board of Zoning Appeals
Conditions of th~ Board are listed on the back.
(Petitioner or his representative to sign.)
Page 11 of 11 - Special Use Application
, '
\.-;
'-I
~
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. See 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 Carmel/Clay Comprehensive Plan because:
\...;
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 81
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 n. 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.
\
.}
\...r
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 f100dway 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 of the 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 CarmeVClay Board of Zoning Appeals that Special Use Docket Number
IOSIJ 10 OCl. I 5 L1. is granted, subject to any conditions stated in the minutes of this Board, which are
inco-::p~:~:~by nrtere";~d mad:: ::::7 tJ ~
CHAIRPERSON, CarmeVClay Board of Zoning Appeals
SECRETARY, CarmeVClay Board of Zoning Appeals
,:"J
~
Conditions of the Board are listed on the back.
(Petitioner or his representative to sign.) n
Page 11 of 11 - Special Use Application
u
u
CARMEL/CLAY BOARD OF ZONING APPEALS - CARMEL. INDIANA
PETITIONER - MARTIN MARIETTA MATERIALS. INC.
MUELLER PROPERTY NORTH
SAND AND GRAVEL SPECIAL USE APPLICATION
Docket No. 050010021 SU
BALLOT.
The undersigned, having considered (i) the Application for Special Use Permit filed herein by
Martin Marietta Materials, Inc., (ii) the testimony and evidence in support thereof, (iii) the
submittals and testimony of remonstrators, (iv) as well as statements and/or submittals of (a) the
staff of the City of Carmel Department of Community Services, (b) the staff of the City of
Carmel Utilities Department, (c) other interested parties, as well as (d) counsel to petitioner and
otherwise being duly advised in the premises, now finds and states that applicant has established
the criteria required for the issuance of a special use permit under Chapter 21 of the Carmel/Clay
Zoning Ordinance, and I hereby vote to adopt the Findings of Fact attached hereto as Exhibit A,
subject to the Statement of Commitments set forth on the attached Exhibit B
Dated this 23 day of May, 2005.
~~;~
Ijames R. Hawkins
~~~
E ene Plavchak
7~~6~
, oeleine Torres .
~
~
INDY 1554363v.l
o
(.;)
CARMEL/CLAY BOARD OF ZONING APPEALS - CARME~. INDIANA
PETITIONER - MARTIN MARIETTA MATERIALS. INC.
MUELLER PROPERTY NORTH
SAND AND GRAVEL SPECIAL USE APPLICATION
Docket No. 050010021 SU
BALLOT
The undersigned, having considered (i) the Application for Special Use Permit filed herein by
Martin Marietta Materials, Inc., (ii) the testimony and evidence in support thereof, (iii) the
submittals and testimony of remonstrators, (iv) as well as statements and/or submittals of (a) the
staff of the City of Carmel Department of Community Services, (b) the staff of the City of
Carmel Utilities Department, (c) other interested parties, as well as (d) counsel to petitioner and
otherwise being duly advised in the premises, now finds and states that applicant has established
the criteria required for the issuance of a special use permit under Chapter 21 of the Carmel/Clay
Zoning Ordinance, and I hereby vote to adopt the Findings of Fact attached hereto as Exhibit A,
subject to the Statement of Commitments set forth on the attached Exhibit B
Dated this _ day of May, 2005.
Leo ierckman '1 // /
.U~;t:~~
ames R. Hawkins
Earlene Plavchak
Madeleine Torres
Kent Broach
INDY 1554363v.l
o
Q
CARMEL/CLAY BOARD OF ZONING APPEALS - CARMEL. INDIANA
PETITIONER - MARTIN MARIETTA MATERIALS. INC.
MUELLER PROPERTY NORTH
SAND AND GRAVEL SPECIAL USE APPLICATION
Docket No. 050010021 SU
BALLOT
The undersigned, having considered (i) the Application for Special Use Permit filed herein by
Martin Marietta Materials, Inc., (ii) the testimony and evidence in support thereof, (iii) the
submittals and testimony of remonstrators, (iv) as well as statements and/or submittals of (a) the
staff of the City of Carmel Department of Community Services, (b) the staff of the City of
Carmel Utilities Department, ( c) other interested parties, as well as (d) counsel to petitioner and
otherwise being duly advised in the premises, now finds and states that applicant has established
the criteria required for the issuance of a special use permit under Chapter 21 of the Carmel/Clay
Zoning Ordinance, and I hereby vote to adopt the Findings of Fact attached hereto as Exhibit A,
subject to the Statement of Commitments set forth on the attached Exhibit B
Dated this23 day of May, 2005.
Leo Dierckman
J~Z~
E ne Plavchak .
Madeleine Torres
Kent Broach
INDY 1554363v.l
o
Q
CARMEL/CLAY BOARD OF ZONING APPEALS - CARMEL. INDIANA
PETITIONER - MARTIN MARIETTA MATERIALS. INC.
MUELLER PROPERTY NORTH
SAND AND GRAVEL SPECIAL USE APPLICATION
Docket No. 050010021 SU
BALLOT
The undersigned, having considered (i) the Application for Special Use Permit filed herein by
Martin Marietta Materials, Inc., (ii) the testimony and evidence in support thereof, (iii) the
submittals and testimony of remonstrators, (iv) as well as statements and/or submittals of (a) the
staff of the City of Carmel Department of Community Services, (b) the staff of the City of
Carmel Utilities Department, (c) other interested parties, as well as (d) counsel to petitioner and
otherwise being duly advised in the premises, now finds and states that applicant has established
the criteria required for the issuance of a special use permit under Chapter 21 of the Carmel/Clay
Zoning Ordinance, and I hereby vote to adopt the Findings of Fact attached hereto as Exhibit A,
subject to the Statement of Commitments set forth on the attached Exhibit B
Dated this~ day of May, 2005.
Leo Dierckman
James R. Hawkins
Earlene Plavchak
~~
Kent Broach
INDY 1554363v.l
~
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-..,.;
CARMEUCLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.
Petitioner
FINDINGS OF FACT. SPECIAL USE (Ballot Sheet)
1.
2.
3.
4.
5.
6.
DATED THIS
7/&
DAY OF
Jj
Page 9 of 11 - Special Use Application
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CARMEUCLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.
Petitioner
1.
FINDINGS OF FACT - SPECIAL USE (Ballot Sheet)
t//O~L'dJ
2.
3.
4.
5.
6.
DATED THIS
;:z 3 DAY OF
.,2~~
,20 .
,
.4
~~..-- ~.
Board Member
~~
Page 9 of 11 - Special Use Application
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CARMEUCLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.
Petitioner
FINDINGS OF FACT - SPECIAL USE (Ballot Sheet)
1.
2.
3.
4.
5.
6.
DATEDTHIS ~3
DAY OF ~.. ,200~
. ~/
Board Member
\
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Page 9 of 11 - SpeCial Use Application