HomeMy WebLinkAboutProposed Findings of Fact by Martin Marietta signed by BZA
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 Cannel-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 uMueller 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 required 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.
Lee: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 Carmel/Clay
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 finds the proposed Special Use obviously inappropriate as a result of the special
and unique conditions determined as a result of the review procedure established herein."
(Emphasis added.)
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 Reauirements:
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
costlbenefit to the community and its anticipated effect on surroundine: 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 Social/Nei2:hborhood Factors Related to the Proposed Special Use Such
as Compatibility With the Existin2: Uses and Those Permitted Under Current Zonin2:
in the Vicinity of the Premises Under Consideration and
How the Proposed Special Use Will Affect Nei2:hborhood Inte2:ritv:
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-1 property. The City Council
has zoned the Mueller North Property S-I, 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 availabilitv of water. sewae:e.
and storm drainae:e 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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EXHIBIT A
Real Estate Description - Mueller North
Legal DescrlDtion
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.) 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 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 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.
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Conclusion:
The Board finds, as ofthisc12 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.
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VLeo Dierckman
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Earlene Plavchak
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~deleine Torres
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Kent Broach
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