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HomeMy WebLinkAboutDept Report 12-12-05 '-> 0 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT December 12, 2005 I-2h. Martin Marietta Materials - Mueller Property South Petitioner seeks special use approvals to establish surface limestone operations & an artificial lake on 96.92l:l: acres. Docket No. 05090003 SU Chapter 5.02.02 mineral extraction Docket No. 05090004 SU Chapter 5.02.02 artificial lake The site is located at the southwest comer East I06th Street and Hazel Dell Parkway. The site is zoned S- lIResidence - Low Density. Filed by John Tiberi of Martin Marietta Materials, Inc. General Info: The petitioner is seeking special use approval for limestone extraction. Also, an artificiallatke will be developed after all minerals are extracted, as part of the reclamation plan. The property is zoned S-l/Residence - Low Density and is partially within the Special Flood Hazard Area. The Comprehensive Plan Land Use Map designates this site as part of a Low- intensity Regional Commercial Employment Area, however, just to the north and northwest of this site is Low Intensity Residential Communities. Chapter 2.6 of the Comprehensive plan goes into further detail as to what is envisioned for this area and what adjacent uses are acceptable (see attached excerpt). This is a very complex land use request as evidenced by the level of review and input from the public. Please refer to the draft commitments (in Martin Marietta's Dec. 6 Additional Information packet) prepared by Martin Marietta Materials, where the amended Mining Ordinance, recently approved in April of this year, served as a guide. Analysis: The major issue of concern is air and ground vibrations resulting from blasting of rock. The limestone is mined by blasting benches. The total thickness of the limestone material is approximately 215 ft. There will be no aggregate processing on the subject property. Secondary concerns are noise (from trucks revving engines to beeping while in reverse to and materials removal), dust, and truck traffic. Ifblasting as proposed is granted, this may allow for blasting to extend up to the Mueller North Property at the northwest comer of I06th Street & Hazel Dell Parkway. The blasting and vibrations, which are seen as annoyances, will continue to creep closer and closer to the adjacent residential neighborhoods. These blast vibration levels need to be reduced. While the Department cannot impose a particular peak particle velocity limit for blasting, for it is regulated by the Indiana Administrative Code (675 lAC 26-3-1), it can present the peak particle velocity levels adopted and regulated by State and City Ordinances throughout the country, as well as here in Indiana. Below is a chart showing the various regulations in states or counties and the maximum peak particle velocity levels for blasting: o o City/County/State Entity Maximum peak particle velocity (PPV) Other PPV Other PPV Indiana Administrative Code Not to exceed 1.0 in/sec -Adoption ofNFP A 495 Explosives Materials Code, 2001 edition Illinois General Assembly Not to exceed 1.0 in/sec at the location of any protected structure Pennsylvania Code Not to exceed 1.0 in/sec at any protected structure btwn 301-5000 ft from blast site Kentucky Legislature Max of2 in/sec for 1 second after the blast, then down to .5 in/sec. Kentucky State Regulations Not to exceed 1.0 in/sec at the location of any protected structure between 301-5000 ft from blast site US Dept of the Interior Not to exceed 1.0 in/sec at the location of Office of Surface Mining any protected structure between 301-5000 ft from blast site Ohio Administrative Code Not to exceed 1.0 in/sec at the location of any protected structure between 301-5000 ft from blast site Illinois Administrative Code Not to exceed 1.0 in/sec at the location of < 1.25 in/sec at < 0.75 in/sec at a any protected structure between 301-5000 aprotected structure protected structure ft from blast site less than 300 ft greater than 5,000 ft from blast site from blast site Maine Not to exceed 1.0 in/sec at the location of any protected structure between 301-5000 ft from blast site Overland Park, Kansas Not to exceed 1 in/sec at seismic recording site Tulsa, Oklahoma Not to exceed 1.0 in/sec at the location of any structure County of Santa Clara, Not to exceed 0.5 in/sec California Montogmery Co, Virginia Corresponds with Frequency levels, average ranges from .50 to .75 in/sec Town of Pittsfield, Wisconsin .75 in/sec for modem structures with 2.0 in/sec for all 0.50 in/sec for older drywall interiors at frequencies below structures at freq. homes with plaster on 40Hz above 40Hz wood lath at freq. below 40 Hz Citrus Co, Florida Not to exceed.2 in/sec with frequency greater than 1 Hz Hernando County, Florida 1.0 in/sec at 30 Hz at structure .75 in/sec btwn 4- 12 Hz at structure W oolwich, Maine 1 in/sec at 30- 40 Hz 2 in/sec at > 40 Hz Blasting vibrations are perceptible to humans at low levels, near 0.02 to 0.05 inches/sec. The peak: particle velocity level of 1.0 in/see was set by most states because it is the maximum level where a home will not be damaged by a blast. For comparison, below is a range of household activities and the vibration levels they produce. Source: DET 1998 Household Activity FootstaIil - measured on a wooden floor Walkin - measured on a wooden floor Door Slam - measured on a wooden floor Door Slam - measured over doorwa Range of Vibration Level inches/second, eak article veloci .20 - 2.0 in/see .04 - .10 in/see .08 - .20 in/see .47 - 1.38 in/see '-.) o The City urges Martin Marietta to propose blasting limits on the Mueller South Property that are stricter than what was adopted by the Mining Ordinance D-1686-04. In this mining ordinance, the peak particle velocities for a blast shall not exceed 0.5 inches per second at the property line where the blast occurred. Martin Marietta may want to consider making a commitment to producing a peak particle velocity yearly average of 0.1 in/sec for surface blasts, as was included in a May 2000 proposed agreement between Martin Marietta and Kingswood Subdivision that was never executed (see attached Letter of Interest). The Department has received several binders of information for the file on this request including the following: 1.) December 2002: Application for BZA Special Use Approval Request 2.) September 2005: Additional Information for Application for BZA Special Use Approval Request 3.) November 2005: Executive Summary 4.) November 2005: Responses to TAC comments, Draft Commitments, Vibra-Tech Study Special Use: Section 21.03 of the Zoning Ordinance outlines the Basis of Board Review ofa Special Use as follows: The Board, in reviewing the Special Use or Special Exception application, shall give consideration to the particular needs and circumstances of each application and shall examine the following items as they relate to the proposed Special Use or Special Exception: (Please note that these replies may not encompass each and every aspect of each topic below.) 1. Topographv: The lay of the land includes Blue Woods Creek, and the parcels are partially within a flood plain. 2. Zoning on site; current zoning is S-llResidence - Low Intensity & partially zoned SFHA - Special Flood Hazard Area. 3. Surrounding zoning and land Use; the surrounding zoning is S-llResidence - Low Density comprising of mostly single family homes. 4. Streets. curbs and gutters and sidewalks; No interior street will be needed. The petitioner will be vacating the road right of way for River Rd. which exists in the site. A lO-ft asphalt path is required along both roads, pursuant to the Alternative Transportation Plan. 5. Access to public streets; The site will primarily use existing access to the mine just south and adjacent to the site. 6. Driveway and curb cut locations in relation to other sites; No new driveways or curb cuts are proposed. 7. General vehicular and pedestrian traffic; Concern of haul trucks on the City roads with possible damage to roads or mudding up roadways. A lO-ft asphalt path is required along both roads, pursuant to the Alternative Transportation Plan. 8. Parking location and arrangement; Parking required is one space per employee. Off-site parking at the North Indianapolis Plant is an option. 9. Number of parkin!! spaces needed for the particular Special Use; This particular use has an off-site parking area where employees arrive at the site and navigate loading trucks to the site. Employee parking is not necessary on site. 10. Internal site circulation; Access to the site will be from the existing mine, just south and adjacent to this subject parcels. 11. Building height. bulk and setback; No buildings are proposed. A 40-ft front yard setback is required along with a 300-ft setback/open space buffer from all property lines to the north and east. Also, a 15-ft D-buffer yard is required per Chapter 26.04.05 of the Zoning Ordinance. 12. Front. side and rear yards; A 40-ft front yard setback is required along with a 300-ft setback/open space buffer from all property lines to the north and east. o o 13. Site coverage by building(s), parking area(s) and other structures; No structure will be on the site. 14. Trash and material storage; Waste oil & gasoline will be store in an aboveground tank; an SPCC (Spill Prevention, Control, and Countermeasures) plan must be approved for this facility. Trash will be placed in on site dumpsters, and trash will be removed periodically. 15. Alleys, service areas and loading bays; Not applicable. 16. Special and general easements for public or private Use; The petitioner has dedicated road right of way for 106th Street. 17. Landscaping and tree masses; The landscape plan must complies with the buffer yard standards of the ordinance, providing a vegetative buffer from the mining use and the residential uses & traveled parkways and arterial roads adjacent to the site. Also, a 15-ft D-buffer yard is required per Chapter 26.04.05 of the Zoning Ordinance. A 300-ft setback/open space buffer is required from all property lines to the north, east, and west. The Urban Forester has approved the final Landscape Plan. 18. Necessary screening and buffering; The petitioner must screen/mitigate the negative effects of blasting. Buffering from vibrations and air blasts will be important. 19. Necessary fencing; Fencing is not necessary or required, but it does add a safety precaution measure. The petitioner will provide a 6-ft tall chain link fence along the north and east perimeters. 20. Necessary exterior lighting; Lighting is not necessary or required, but it does add a safety precaution measure. 21. On-site and off-site, surface and subsurface storm and water drainage; A drainage plan is included in the information binder. 22. On-site and off-site utilities; Only electrical service is needed and will be extended from the south. 23. Dedication of streets and rights-of-way; The 20-yr Thoroughfare Plan calls for 106th Street having a 45-ft half road right of way and Hazel Dell Pkwy to have a 70-ft right of way. The petitioner has dedicated the road right of way. 24. Proposed signage (subject to regulations established by the Sign Ordinance); Signage will not be on this parcel. 25. Protective restrictions and/or covenants. Neither deed restrictions nor subdivision covenants will be submitted, but commitments will. (refer to Dec. 6 additional information packet for draft commitments) 26. Need for lifeguards and other supervisory personnel. in respect to a private recreational development or facility. Not applicable. 21.04 Basis of Board Approval or Rejection. 21.04.01 Special Use Decisions. The Board, in approving or rejecting a Special Use application, shall base its decision upon the following factors as they relate to the above listed items (Section 21.03) concerning the proposed Special Use: 1. The particular physical suitability of the premises in Question for the proposed Special Use. The site is partially within the special flood hazard area. The soil composition is that favorable for mining, with high percentages of sand, gravel, limestone. Mining operations are adjacent to this site, or in close proximity. 2. The economic factors related to the proposed Special Use, such as costlbenefit to the community and its anticipated effect on surrounding property values. The materials mined from the site will be used within the City as well as within the state in a positive manner for construction of homes, roads, etc. However, the effect of blasting on nearby properties may negatively affect property values. Blasting will have to be limited or mitigated. o o The final man-made lake may increase adjacent property values and may be an amenity to the area. 3. The social/neighborhood factors related to the proposed Special Use. such as compatibility with existing uses and those permitted under current zoning in the vicinity of the premises under consideration and how the proposed Special Use will affect neighborhood integrity. A mineral extraction use including blasting, as long as it mitigates dust, noise, and blasting vibrations from the site and keeps these annoyances to acceptable levels, may be considered a less intensive use than a factory or industrial use. Only when the factors that affect quality of life are mitigated can the use be perceived compatible with the surrounding residential uses. The final use, an artificial lake, may increase the adjacent property values. The water body may be seen as an amenity to the area and to the City. 4. The adequacy and availability of water. sewage and storm drainage facilities and police and fire protection. The mine does not require water or sewer facilities. A drainage plan has been submitted. Police & Fire services will be used minimally, if at all. However, public safety officials will need to monitor blasting levels for compliance with the petitioner's commitments. Also public safety officials will need to monitor the underground water quality near this site. 5. The effects of the proposed Special Use on vehicular and pedestrian traffic in and around the premises upon which the Special Use is proposed. There will be minimal vehicular or pedestrian impact, as long as the haul trucks use the mine to the south of the property for ingress/egress. The installation of the pedestrian paths along 106th & Hazel Dell will be a positive impact for pedestrian access along these roads. Public pedestrian & vehicular access will not be allowed within the site, for safety reasons. Recommendation: The department recommends consideration of Docket No. 05090003 SU for limestone extraction after aU concerns and comments are addressed and with recording of the commitments provided by the petitioner. The department recommends positive consideration of Docket No. 05090004 SU for an artificial lake, if Docket No. 05090003 is first approved. o o Comprehensive Plan (excerpts) 1.4 LOW-INTENSITY RESIDENTIAL AREA POLICIES 1.4.1 Cluster style development in low-intensity residential areas is encouraged when: . traditional single lot platting results in the destruction or modification of a major environmental feature such as a hillside, significant stand of trees or creek bank, and . the increased intensity in a particular area of the site in the cluster area has a compatible transition with adjacent traditionallow-mtensity areas, and . a homeowners association is established to be responsible for common areas, or . The overall density of the cluster development, including its undeveloped or common areas, should not exceed the permitted density of the underlying zoning. 1.4.2 Low-intensity neighborhoods should be served by and be accessible to: . neighborhood commercial centers . parks or playgrounds and . schools . bicycle and/ or pedestrian trails . fire, police, public safety 2.6 LOW-INTENSITY COMMUNITY/REGIONAL EMPLOYMENT AREA POLICIES 2.6.1 Low-rise garden office and community-serving retail shall be encouraged to locate in low- intensity community/regional areas 2.6.2 Low-intensity commercial areas should only be located where regional access is available; including, the intersection of at least a principal arterial, or parkway, and secondary arterial or parkway. 2.6.3 Direct area access from regional thoroughfare systems must be available on a major throughway and must not have to pass through residential community areas on minor streets. 2.6.4 o Q Low-intensity commercial developments should be buffered from residential communities through the existence of at least one of the following: . a divided secondary thoroughfare . public and institutional buildings · open space . scale of design 2.6.5 Medium- and high-intensity commercial developments should only be permitted in low-intensity Community/Regional Employment areas when the following characteristics exist: . regional access consists of at least direct access from the site to an expressway. . the high- and medium-intensity development site is adequately buffered 2.6.6 Industries, warehouses and commercial uses necessary to support such areas shall be located within low intensity community/regional employment areas. Office support facilities for such developments shall be considered a secondary use. 2.6.7 The community should encourage the concentration of industrial warehouse developments in low intensity community/regional employment areas through: . zoning decisions; and . concentrated economic development J C) Comprehensive Plan Figure 1 Carmel Clay Township Proposed Growth Policies Residential/Community Areas INTENSITY CHARACTER AREA ADJACENCY REGIONAL SUPPORT INFRASTRUCTURE TRANSITION TO LEVEL DESIGNATION ACCESS CIRCULATION SUPPORT REG/COMM EMP AREAS Neighborhood Nbhd. scale retail. Center Residential Community or Site could be within Site is at intersection of Site has direct access to reg Water, sewer, drainage Buffered from adjacent res. devel by Commercial is 100k sq. ft. max on 10 Regional/Community residential comm areas. principal arterial or access without any traffic adequately in place or all of the following: or less acres Employment Area Design is compatible, parkway and collector intrusion into adj nbhds. planned as part of - scale of bldg design buffering adj. prop is development - landscaping of adj properties, mandatorv loadina High Intensity Greater than 5 d.u.s per Residential Community or Could serve as a Site is adjacent to at Access to site directly from Water, sewer, drainage Buffered from any Reg/Comm Emp. acre. Typically of a Regional/Community transition use between least a secondary arterial regional access. adquately in place or planned areas by at least one: townhouse or multi- Employment Area Reg/Comm Emp Area or secondary parkway as part of development - arterial or parkway family building form. and medium or low - publiclinst. bldg. intensity residential areas - dedicated open space - transition density - scale of design Medium Intensity Moderately dense single Residential Community Could serve as transition Site is adjacent to at Access to site directly form Water, sewer, drainage Buffered from lower intensity family detached building use between low density least a collector road. regional access adequately in place or ReglComm areas by at least one: form between 3 and commlCBD/nbhd comm planned as part of - collector Sd.u.s per acre uses and low or very low development - publiclinst. bldg. density single family - dedicated open space -transition density - scale of desian Low Intensity Low density single family Residential Community Could serve as No regional accessibility Standard hierarchy of Water, sewer, drainage Buffered from CBD or Nbhd comm detached building form b1msWonusebehween required access necessary to serve adequately in place or areas by at least one: between 1.3 and 3.0 medium Intensity development planned as part of - collector d. u's per acre residential and very development - publiclinst. bldg. low Intensity 18S. or as - dedicated open space buffer behween low Int - transition density !!!lll!!!Ib nbhd comm, - scale of design CBD and very low intensitv residential Very Low Intensity Low density single family Residential Community Never adjacent to any No regional accessibility Standard hierarchy of Water, sewer, drainage Buffered from Nbhd comm areas by detached building form Regional/ Community required access necessary to serve adequately in place or at least one: between 1.0 and 1.3 Employment areas development planned as part of - collector d.u's per acre development - publiclinst. bldg. - dedicated open space - transition density - scale of design Rural Residential Estate type housing on Residential Community Never adjacent to any No regional accessibility Standard hierarchy of No central water or sewer Never adjacent to ReglComm Emp lots with at least one acre Regional/ Community required access necessary to serve required areas ofland Employment areas development J J Comprehensive Plan Figure 2 Carmel/Clay Township Proposed Growth Policies Regional/Community Employment Areas INTENSITY CHARACTER AREA ADJACENCY REGIONAL SUPPORT INFRASTRUCTURE TRANSITION TO RESIDENTIAL LEVEL DESIGNATION ACCESS CIRCULATION SUPPORT COMMUNITIES U.S. 31 Corridor Offices greater than 5 Regional/Community Not adjacent to low Site is adjacent to Access to site directly Water, sewer, drainage Buffered from residential commercial by at least one: fl Eg. Thomson Elec., Employment Area density residential expressway and from regional access. adequate to serve site - expressway/principal arterials principal arterial or - publicflnstitutional building principal parkway - dedicated open space - transition densitv' High Intensity Regional Retail Regional/Community Not adjacent to low Site is adjacent to Access to site directly Water, sewer, drainage Buffered from residential commercial by at least one: greater than 250k sq. Employment Area density residential expressway and from regional access. adequate to serve site - expressway/principal arterials ft , intense principal arterial or - publicflnstitutional building commercial principal parkway - dedicated open space - transition density . Medium Intensity Community retail Regional/Community Could be adjacent to Site is adjacent to Access to site is Water, sewer, drainage Buffered from residential commercial by at least one: greater than 1 Oak sq. Employment Area low density expressway and directly from regional adequate to serve site - expressway/principal arterials. ft. residential if secondary arterial access. - publicflnstilutional building Low to mid rise office adequate buffer, or secondary - dedicated open space 3 - 5 floors transition parkway - transition density Eg. Meridian Villages, - scale of bldg design Graves Office Blda. Low Intensity One to two story Regional/Community Could be adjacent Site is adjacent to Access to site directly Water, sewer, drainage Buffered from residential commercial by at least one: offices Employment Area to low density principal arterial or from regional access adequately in place or - prine. arteriaVpkwy Office/showroom flex residential If parkway and planned as part of - publicflnstitutional building space, industry adequate buffer. secondary arterial development - dedicated open space Warehouse transition or parkway - transition density Eg. Carmel Science - scale of bldg design and Technology Park Central Bus. District Downtown area of Regional/Community Is adjacent to Sites have access Access to site could be Water, sewer, drainage Buffered from residential commercial by at least one: Carmel in vicinity of Employment Area residential. to Rangeline or from collector adequately in place or - scale of bldg. design Rangeline and Main Development should Main Sl. connecting into planned as part of -landscaping of rear parking Sl. be pedestrian scale. Rangeline or Main development Building frontage to street Neighborhood Nbhd. Scale retail. Residential Community Site is within resid. Site is at Site has direct access Water, sewer, drainage Buffered from adjacent residential commercial by all of Commercial Center is 1 Oak sq. ft. Area comm areas. Design intersection of to regional access adequately in place or the following: max on 10 or less is compatible with principal arterial or without any traffic planned as part of - scale of bldg. design acres adjacent scale. parkway and intrusion into adjacent development -landscaping of rear parking, loading Buffering of rear lot collector nbhds. line with adjacent res. is mandatory