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HomeMy WebLinkAboutApplication for Special Use-Executive Summary 12/2005 12.. Z - zoo=> Executive Summary of Application for, Board of Zoning Appeals Action Special Use Approval Request Mueller Property South Surface Limestone Operation and' Artificial Lake Prepared For: City of Carmel- <;lay Township Hamilton County, Indiana 'Prepared By: Martin Marietta Materials, Inc. M December 2005 Martin Marietta Aggregates. M Indiana District Office 1980 East 116th Street Suite 200 Carmel, IN 46032 Telephone (317) 573-4460 Fax (317) 573-5975 December 2, 2005 ." Mr. Michael Hollibaugh Director, Department of Community Services City of Carmel, City Hall One Civic Square Carmel, Indiana 46032 RE: Executive Summary of Application for Board of Zoning Appeals Action Special Use Approval Request - Martin Marietta Materials, Inc. Mueller Property South Surface limestone Operation Dear Mr. Hollibaugh: The attached Executive Summary is intended to summarize and in some cases clarify information previously submitted by Martin Marietta in its application and subsequent information booklets and should be read in conjunction with such previously submitted materials. The intent of this Executive Summary is not to supersede the previous submittals, the provisions of which shall continue to control and be apart of this application except where inconsistent with any supplemental information herein. In the event of any inconsistency, the provisions of the most recently dated submittals shall be controlling. If you require additional information feel free to contact me at 317-573-4460. Sincerely, ('.....--.- , - \ r-. \'h "'\ U)0" . .... ........_-) --... Dan Hoskins Enclosures (Including eight additional copies) cc: J. Tiberi (w/o enc.) Y. Bailey (w/o enc.) W. Phears (w/o enc.) Z. Weiss (w/o enc.) Spectra Environmental (wI enc.) Ex~cutive Summary of Application for Board of Zoning Appeals Action Special Use Approval Request Mueller Property South Surface Limestone Operation and Artificial Lake '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 -"<'- December 2, 2005 .', .. ~ ,. (/L./~\) ~~ ' , ' .W w '-.) TABLE OF CONTENTS APPLICATION NARRATIVE COMMITMENTS APPLICATION FOR BOARD OF ZONING APPEALS ACTION FOR SPECIAL USE APPROVAL REQUEST PLANS AND DETAILS Application Narrative Q) > :;:; ro l- I- ro Z c: o :;:; ro .~ a. a. c:( w MARTIN MARIETTA MATERIALS, INC. MUELLER PROPERTY SOUTH SURFACE LIMESTONE OPERATION 1.0 INTRODUCTION Martin Marietta Materials, Inc. (hereinafter referred to as Martin Marietta) is requesting a Special Use Permit from the Carmel-Clay Advisory Board of Zoning Appeals for surface limestone extraction on a 96.921-acre tract south 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 South." The proposed site is adjacent to the existing Martin Marietta North Indianapolis operation and has been approved as a surface sand and gravel operation (Docket No. 04040024SU Mueller Property South Sand and Gravel Operation). 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 Approval Request (Dated December 2002) . Additional Information for Application for Board of Zoning Appeals Action Special Use Approval Request (Dated September 2005) . Response to Comments Provided During September 26, 2005 TAC Meeting for Martin Marietta Material's Mueller Property South Surface Limestone Operation (Dated November 2005) w These documents have been reviewed and have met all criteria required 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 applications, plans, or studies, but will provide a convenient reference for understanding the overall project and aspects of it. 2.0 BLUE WOODS CREEK RELOCATION Blue Woods Creek is a legal drain under the jurisdiction of the Hamilton County Surveyor's Office, and is called the Moffit & Williamson Drain by that agency. Currently the creek enters the Mueller Property South near its southwest corner and exits the Property at its northeastern boundary. Martin Marietta will relocate approximately 2,650 feet of the Creek that flows across the Mueller Property South to the western and northern boundaries of the site. The relocation route is indicated on the attached Mine Plan Map. The relocated channel will have a 55-foot wide bottom and 3: 1 side slopes. The relocation activities were approved as part of the Mueller Property South Sand and Gravel Operation (Docket No. 04040024SU). w Approvals for the relocation of Blue Woods Creek have been obtained from the Indiana Department of Environmental Management (IDEM), the U.S. Army Corps of Engineers (Corps), and the Indiana Department of Natural Resources (IDNR). Copies of the plans and permits have been forwarded to the Carmel Department of Community Services as part of the Mueller Property South Sand and Gravel Operation. u u u It should be noted that the magnitude of the Blue Woods Creek relocation requires several months of lead-time for project funding, bidding and implementation. While this may impact the exact sequencing of the sand and gravel mining operations and subsequently the surface limestone operations north of the existing Blue Woods Creek, the relocation will not impact the limestone extraction south of the existing Blue Woods Creek at the transition zone between the existing North Indianapolis Operation and Mueller Property South. Additionally, it is anticipated that the creek relocation will be completed in 2008. 3.0 PROJECT OPERATIONAL PHASES The following sections discuss Martin Marietta's sequencing of the project. It should be noted that to reach the limestone deposit, Martin Marietta must remove approximately 5 feet of topsoil and nonaggreate material (overburden) and approximately 26 feet of sand and gravel. The removal of the overburden as well as the sand and gravel which overlays the limestone is currently underway as part of the approved Mueller Property South Sand and Gravel Operation (Docket No. 04040024SU). Since the activities are occurring on the same parcel and may happen concurrently, the operational phases for both operations (sand and gravel as well as limestone) are discussed. 3.1 Site Preparation Prior to any earth-moving activities, appropriate erosion and sedimentation 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. The specific erosion and sediment controls proposed for the site depend on the sequencing of the relocation of Blue Woods Creek. Mining may occur on some portions of the site prior to, concurrent with and/or after relocation of the creek, however the appropriate erosion controls will be in place regardless of the sequence. For further details please reference the Mueller Property South Surface Limestone Operation Erosion and Sediment Control Report (Dated September 2005). It should be noted that the Erosion and Sediment Control Plan for the Mueller Property South Surface Limestone Operation is intended to be very similar to that approved for Mueller Property South Sand and Gravel Operation. Since the activities are occurring on the same parcel and the sand and gravel deposit overlays the limestone, the sand and gravel must be removed prior to limestone mining occurring; therefore, the erosion and sediment control measures are applicable to both operations. Furthermore, the limestone extraction is commencing south of Blue Woods Creek and at the transition zone between the existing North Indianapolis Operation and Mueller Property South. Any storm water runoff and groundwater discharge will drain into the existing limestone operation. 3.2 Overburden Removal u Approximately five feet of topsoil and other non-aggregate 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. The permanent berm along the south side of 106th Street has already been constructed as part of the Mueller Property South Sand and Gravel Operation. Hours of operation for overburden removal will be limited to the months of November through March, Monday through Friday, 7:00 a.m. to 8:00 p.m., and only on days other than Saturday, Sunday, or State of Indiana holidays. Seeding is a major erosion control measure during overburden removal and mining. Seeding has and 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 South Surface limestone Operation Erosion and Sediment Control Report (Dated September 2005). 3.3 Sand & Gravel Mining u The next phase after overburden removal is the extraction of the sand and gravel deposit, which is approximately 26 feet thick. Martin Marietta will use typical dry bank mining equipment such as loaders, backhoes and haul or dump trucks to mine the sand and gravel. Specific mining activities and construction of erosion and sediment structures needed for those activities were approved in Mueller Property South Sand and Gravel Operation (Docket No. 04040024SU). 3.4 Surface Limestone Mining Once the sand and gravel is removed, the limestone will be exposed. limestone will be mined by surface (open pit) mining methods. Total thickness of the limestone material is approximately 215 feet. 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. A detailed discussion of the possible scenarios can be reviewed in the Erosion and Sediment Control Report. At its closest point, the northern most limit of extraction will be approximately 1,750 feet away from the nearest residential property line. 3.4.1 Blasting u Explosives will be used in the surface mining (open pit) method for extraction of the limestone deposit. The purpose of blasting is to displace and fragment the limestone deposit to sizes that permit safe and efficient handling. Safety shall always be the first consideration in the use of explosives. Martin Marietta has always and will continue to comply will all applicable state and federal blasting regulations to insure the safety of our employees, on-site contractors, and general public. However, in order to respond to DOCS concerns, Martin Marietta has commissioned Vi bra-Tech Engineers, Inc. to perform a Measurement and Analysis of Blast Induced Ground and Air Vibrations Report. It will be evident from this report that there is no adverse impact on any surrounding property as a result of the current and proposed operations. Additionally, no U explosives will be stored on the Real Estate 3.5 Reclamation Once mining operations are complete, areas will be moderately sloped (3: 1) and seeded from the permit boundary to the top of the limestone. A minimum of six inches of topsoil will be spread on the slopes during reclamation. If adequate topsoil is not available from on-site storage piles, topsoil will be brought in from an outside source. The permanent seeding shall be in accordance with the seed mixes outlined and detailed on the Landscaping Plan Map provided. The grasses, trees, and other vegetative m_aterials were expressly reviewed in the T AC process and changes made by Martin Marietta at the request of City staff. At the conclusion of limestone extraction a lake will be created. 4.0 OTHER ENVIRONMENTAL AND AESTHETIC CONSIDERATIONS The following sections discuss Martin Marietta's plans to address additional environmental and aesthetic considerations. 4.1 Screening and Buffering u A buffer area of approximately 330 feet in width will be maintained along the south side of 106th Street, which will contain the relocated Blue Woods Creek, a berm approximately 19 feet in height adjacent to the southern right-of-way line, tree plantings, and a six-foot high chain-link fence. The 19-foot high berm will provide the necessary visual and noise barrier as well as screening for 106th Street. These features have been constructed as part of the Mueller Property South Sand and Gravel Operation. A seeded berm of approximately 15 feet in height and a six-foot high chain-link fence will be constructed along the western boundary of Hazel Dell Parkway. The 15-foot high berm will provide the 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 330-foot buffer and portion 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 Figure 3 of the Mueller Property South Surface Limestone Operation Erosion and Sediment Control Report. During mining operation, seed will be applied as soon as final grade is attained in these areas. u u u w 4.2 Air Quality Surface limestone operations are regulated under the federal Clean Air Act and applicable statues implemented by the Indiana Department of Environmental Management. The Mueller Property South Surface Limestone Operation will be subject to all such regulations. Dust suppression measures to be utilized include water trucks and water sprays. The water truck will routinely wet access roads, roads internal to the mining area and muck piles. Moreover, the buffer areas will further minimize conveyance of dust, if any, from the Real Estate. 4.3 Hydrology Martin Marietta continues to cooperate with the City Utilities Department (the "Department") in the development of a comprehensive water quality-monitoring program for the Plant 4 Well Field. To date, Martin Marietta has submitted and incorporated within the Mueller Property South and North Sand and Gravel Operation Commitments the following: . Groundwater and Surface Water Monitoring Plan for the Mueller Property South Sand and Gravel Operation dated June 2004. This Plan has been implemented. . Groundwater and Surface Water Monitoring Plan for the Mueller Property North Sand and Gravel Operation dated May 2005. This Plan has been initiated with the completion of monitoring well installation and initial testing underway. These monitoring plans provide the necessary infrastructure for the monitoring and characterization of the aquifer. Moreover, Martin Marietta will cooperate with the Department in the development of a water quality-monitoring program acceptable to the Department to monitor potential impacts from open pit mining on the Real Estate. Martin Marietta recognizes that this may require different or additional wells or monitoring protocols than those currently called for and agrees to pay for those that are made necessary by the mining approved herein; as determined in the Department's reasonable judgment. Martin Marietta recognizes that the City may wish 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 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 Department representative can attend and/or participate in the training. 4.4 Noise Noise impacts from the subject property will be minimal. All mining activities will occur "in the extraction area" well below the natural ground level as well as behind the perimeter berms. 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 will be no adverse u u u 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 Mueller Property South Limestone Operation Sound Level Assessment (Dated September 2005) 4.5 Spill Prevention, Control and Countermeasure (SPCC) Plan Martin Marietta has submitted a certified SPCC Plan to the City of Carmel that encompasses the subject property as well as its existing North Indianapolis operation. It should be noted however that no fuel oil, oil, waste oil or gasoline would be stored on the subject property. 5.0 SUMMARY OF MAJOR SUBMITTALS (maps and studies) Area Map (Dated September 6, 2005) Zoning Map (Dated September 6, 2005) Mine Plan Map (Dated November 28, 2005) Reclamation Plan Map (Dated November 28, 2005) Landscaping Plan Map (Dated November 28, 2005) Cross Section Map (Dated November 28, 2005) Erosion and Sediment Control Report (Dated September 2005) Sound Level Assessment (Dated September 2005) Spill, Prevention, Control, and Countermeasure (SPCC) Plan (Dated April 2003) Measurement and Analysis of Blast Induced Ground and Air Vibrations Report (to be submitted) Commitments to the City of Carmel (to be submitted) Commitments l/) ..... c: Q) E ..... "E E o () Application for Board of Zoning Appeals Action for Special Use Approval Request :,;) .... .E!Q) el1l 0:::> :;:Om ro.- u U :::Q) a. a. a.(f) <( ~ ~. 5) / "\. ~ DOCKET NO. CITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY. INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION SPECIAL USE APPROVAL REQUEST Fee $450.00 DATE RECEIVED: 1) Applicant Martin Marietta Materials. Inc. Address 1980 E. 116 Street. Suite 200. Carmel. Indiana 46032 Project Name Mueller Property South Surface Limestone Operation Telephone 317-573-4460 Engineer/Architect Max Williams. Martin Marietta Materials. Inc. Telephone 317-573-4460. Attorney Tom Enale & David Warshauer. Barnes & Thornbura 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: Lona-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 Common address of the property involved: 5345 106th Street East. Indianapolis. IN 46280 Legal description: See Appendix A Tax Map Parcel No.: 17-14-09-00-00-003.000 State explanation of requested Special Use a) Martin Marietta Materials. Inc. (hereinafter referred to as Martin Marietta) reauests a Special Use for surface limestone extraction on the portion of the Mueller property located south of 106th Street and described in APpendix A (hereinafter referred to as the Mueller Property South or "subiect property"). The Mueller Property South is located in an S-1 Residential District. Section 5.2 of the Carmel/Clay Zonina Ordinance (UOrdinance") establishes that "Mineral extraction. 2) 3) 4) 6) 7) * For appendices referenced in this application, refer to the Application for Board of Zoning Appeals Action Special Use Approval Request for Mueller Property South Surface Limestone Operation and Artificial Lake, dated December 13, 2002. 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 8) borrow pit. top soil removal and their storaae" 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 South. Section 5.2 of the Ordinance also allows an "Artificial lake or pond" as it 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 Pages 10 and 11 for "Findinas of Fact - Special Use" and Appendix B for Reasons Supportina the Special Use. 9) Present zoning of the property (give exact classification): S-1 Residence District: also partiallv in a Special Flood Hazard Area (floodplain) 10) Present use of the property: Aaricultural 11) Size of lot/parcel in question: 96.921 acres 12) Describe the proposed use of the property: The Mueller Property South will be used as a surface limestone operation and in the eventual creation of an artificial lake. 14) Owner occupied Renter occupied 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 pertinen~ explanation. x 13) Is the property: ~ No. 15) Has work for which this application is being filed already started? If answer is yes, give details: No work for which this application is being filed has started. Building Permit Number: Builder: 16) If proposed special use is granted, when will the work commence? Within one year 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 Ledaer 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: '-.,; Page 2 of 11 - Special Use Application ~ ~ '-.) 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 TWENTY-FIVE (25) DAYS PRIOR TO THE PUBLIC HEARING DATE. :, , Page 30f 11 - Special Use Application ~ ~ ,- \..J The applicant understands that docket numbers will not be assianed until all suooortina information has been submitted to the Deoartment of Communitv 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 ADpendix C for List of Adioinina and Adiacent Property Owners and for the Adioinina Property Owner Location Map Auditor of Hamilton County, Indiana Page 4 of 11 - Special Use Application (.,; (..; ~ AFFIDAVIT I hereby swear that I am the owner,'oontract 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: (Property Owner, Property Owner's Attorney, Date or Property Owner's Power of Attorney) (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 ~xecution of the (Property Owner, Attorney, or Power of Attorney) foregoing instrument this day of ,20_. Notary Public - Signature (SEAL) (SEAL) Notary Public - Please Print My commission expires: Page 5 of 11 - Special Use Application (.,J G ~ AFFIDAVIT I hereby swear that I am the applicant/lessee 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: Date (Applicant/Lessee's Attorney) (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 (Applicant/Lessee) 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 ~ ~ (..; 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 '-.,; ~ ~ PETITIONER'S AFFIDAVIT OF NOTICE OF PUBLIC HEARING CARMEUCLAY 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 Signature of Petitioner before me the ~ndersigned, a Notary Public (County in which notarization takes place) County, State of Indiana, personally appeared for (Notary Public's county of residence) and acknowledge 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 ~ '-..,; ~ CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No. Petitioner FINDINGS OF FACT - SPECIAL USE (Ballot Sheet) 1. 2. 3. 4. 5. 6. DATED THIS DAY OF .20 . Board Member Page 9 of 11 - Special Use Application CARMEUCLAY 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 ~II prerequisites have been met by Petitioner as verified by: A portion of the subject property lies currently within a Special Flood Hazard Area {floodplain}. A section of Blue Woods Creek currently traverses across a portion of the Mueller South parcel in a southwest to northeast direction. Martin Marietta proposes to relocate this portion of Blue Woods Creek so that it flows along the western and northern portions of the subject property In order to expand their mining operations. Approvals for this relocation of Blue Woods Creek have been obtained from the Indiana Department of Environmental Management {IDEM}, Department of the Army, and the State of Indiana Department of Natural Resources. With the approval ofthe Blue Woods Creek application, the current floodplain boundary of Blue Woods Creek would be modified. As shown in the permit package for the Blue Woods Creek relocation, the 100-year flood elevation would be contained within the banks of the relocated Blue Woods Creek. A letter of map revision will be obtained if determined to be applicable. ~ The Information pertaining to the Blue Woods Creek relocation, including the approvals, Is contained in Appendix F. Appendix H contains the Flood Insurance Rate Map ,for the City of Carmel. 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 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." In addition, the land Use Plan indicates a High Intensity residential community designation directly to the west of the subject property, along the same Edge. The proposed minerai extraction and artificial lake use will be a less obtrusive and lower intensity transitional use. The artificial lake will result in an open area between the High Intensity residential community to the west and the Regional and Community Employment area to the south. 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 south, on the adjacent property to the west, and on property farther to the north {not adjacent}. In addition, the desired geology and market are present at the proposed Special Use area, making surface limestone 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: Page 10 of 11 - Special Use Application Surface and/or underground mining are already occurring to the south, west, and northeast of I the proposed Special Use area. The land to the east and north of the proposed Special Use area is V currently agricultural. The proposed surface limestone operation will be operated in a manner that will not be detrimental to the health, safety, and welfare of the community. In addition, 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 surface limestone operation is a low intensity use of this land. 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 prot~ction 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 North Indianapolis Plant access drive from East 96th Street and Gray Road, respectively. Martin Marietta will be requesting approval from the Carmel City Council that the existing right-of-way associated with River Road, as located on the Mueller Property South, be vacated. The operation will not require domestic water or sewer facilities, and storm drainage will be accommodated at the subject property orvia 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 Carmel/Clay 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, Carmel/Clay Bo~rd of Zoning Appeals SECRETARY, CarmeUClay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign.) G Page 11 of 11 - Special Use Application " -~-----~ --~------- Plans and Details .!!!. "(i'i - CI.l o "0 C co en c co c::