HomeMy WebLinkAboutApplication
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Conn, Angelina V
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Subject:
Conn, Angelina V
Thursday, September 08, 2005 10:33 AM
Tingley, Connie S
Morrissey, Phyllis G; Hollibaugh, Mike P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I;
Hancock, Ramona B; Griffin, Matt L; Brennan, Kevin S; 'john.tiberi@martinmarietta.com'; Zeff
Weiss (E-mail); Zeff Weiss (E-mail 2); DeVore, Laura B; Littlejohn, David W
Docket No. Assignment: (SU) Martin Marietta - Mueller Property South (#05090003 SU and
05090004 SU)
from:
Sent:
To:
Cc:
Connie,
I have contacted the petitioner. I have issued the necessary Docket Numbers for (SU) Martin Marietta - Mueller
Property South. They will be the following:
Docket No. 05090003 SU
Docket No. 05090004 SU
$630.00 (fee rate in 2002)
$630.00 (fee rate in 2002)
Total Fee:
$1,260.00
Martin Marietta Materials - Mueller Property South
Petitioner seeks special use approval to establish surface limestone operations on 96.921:1: acres & an artificial
lake.
Docket No. 05090003 SU Chapter 5.02.02 special use in the S-1 zone (mineral extraction)
Docket No. 05090004 SU Chapter 5.02.02 special use in the S-1 zone (artificial lake)
The site is located at the southwest comer East 106th Street and Hazel Dell Parkway.
The site is zoned S-I/Residence - Low Density.
Filed by John Tiberi of Martin Marietta Materials. Inc.
Petitioner, please note the following:
1. This Item will be on the Sept. 21 agenda of the Technical Advisory Committee.
2. Mailed and Published Public Notice needs to occur no later than Thursday, Sept. 29, 2005. Published notice is
required within the Indianapolis Star.
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, Oct. 21. Failure to
submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Eight (8) Informational Packets must be delivered to BZA Secretary Connie Tingley no later
than Noon, Friday, Oct. 14. Failure to submit Informational Packets by this time will result in the automatic tabling of the
petition to the Monday, November 28, agenda of the BZA.
5. This Item will appear on the October 24, 2005 agenda of the Board of Zoning Appeals under Public Hearings.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheets for each petition the night of the
meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot
sheets must be collated.
7.) PETITIONER: refer to your instruction sheet for more details.
Petitioner: please complete the followine items:
1.) Provide an up-to-date list of adjacent property owners from the Hamilton County Auditor.
2.) Note: you may receive an additional review letter after the TAC meeting.
3.) Label/show a 300-ft buffer along Hazel Dell Pkwy also.
4.) Are the approvals/correspondence from IDEM and DNR still valid today?
5.) show/label the hazel Dell Pkwy half right of way of70-ft and the half right of way of 106th S1. of 45-f1.
6.) Refer to chapter 26.04.06 for bufferyard standards.
7.) Parking requirement is 1 space per employee. will there be off-site parking within 300-ft or onsite parking?
8.) Per the Alternative Transportation Plan, show/label a 10-ft asphalt multi-use path along both streets.
9.) Provide a location map with existing mines in the area.
10.) show /label the front yard setback line of 40 feet from the road rights of way.
11.) Provide a copy of commitments. use the mining ordinance as a guide.
1
.: +lfRiver road will have to be vacate~ntact Dick Hill regarding BPW submittaQ contact the Clerk-treasurer's
officer regarding the city council approval..
,B.) show/label the centerline of the streets/
14.) provide updates Special use applications.
15.) prepare a certificate for dedication of road rights of way for both 106th street and hazel dell parkway.
Contact info: Mr. Tiberi at 573-4460 (Fax: 815-4823) with this information.
Contact Info: Mr. Weiss ofIce Miller at 236-2319 (Fax: 592-4788).
Thank you,
Angie
2
Martin Marietta Petitions 1968-2006
BA-2-68 American Aggregates Trailer approved 6-23-1986 mobile home security office
V -48-80 American Aggregates
N-20-82 American Aggregates - non-conforming determination vote on 7-26-1982
SU-60-89 American Aggregates - sand & gravel approved 8-28-1989 with conditions. W side of gray rd, btwn
961h & 1061h streets
V-lO-87 American Aggregates - 128 sq ft sign at 5300 E 1161h street. Approved 2-23-1987 for American
aggregate~. only - not bound to land.
SU-40-0 1 Martin Marietta - mining on 105 ac, nw corner of 106th & hazel dell. Withdrawn 7-3-2001
V-41-01 Martin Marietta - DSV to mine within 15-ft of Kingswood and within 100 ft ofa residential zoned
property. Withdrawn 7-3-2001
SU-24-02 Martin Marietta sand and gravel extraction denied 05-28-2002
SU-25-02 Martin Marietta artificial lake denied 05-28-2002
V -26-02 Martin Marietta 150-ft setback instead of 300-ft denied 05-28-2002
V-27-02 Martin Marietta 100-ft setback instead of300-ft denied 05-28-2002
UV-23-02 Martin Marietta -Sand & gravel processing Plant East of Hazel Dell Parkway. initially denied 5-28-
2002, then remand to BZA approved 06-30-2005 with commitments.
04040024 SU Martin Marietta - Mueller Property south, sand & gravel extraction. Approved 12-13-2004
04070020 A Appeal to Director's Determination of Martin Marietta (Tom Yedlick) denied 10-25-2004
05010021 SU - Martin Marietta Mueller property north. sand & gravel mining Approved 05-23-2005 with
commitments
05060014 CA - Martin Marietta Mueller property south; commitment amendment to mine Mueller South after
mining Mueller north. Approved 6-30-2005
05090003 SU Martin Marietta - Mueller property south. Special use for limestone operations - denied 04-24-
2006
05090004 SU Martin Marietta - Mueller property south. Special use for artificial lake - diil,i: li O. q 2~-rm-6. . '._ " : ~ i ."
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Martin Marietta Aggregates
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Indiana District Office
1980"East 116th Street, Suite 200
CarrileK Indiana 46032
Telephone (317) 573-4460
Fax (317) 573-5975
December 13,2002
Michael P. Hollibaugh, Director
Department of Community Services
City of Carmel
Carmel City Hall, Third Floor
1 Civic Square
Carmel, Indiana 46032
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Dear Mike:
Enclosed please find five applications of Martin Marietta Materials, Inc. to the Carmel-
Clay Board of Zoning Appeals for Special Use Approval to conduct the following mineral
extraction operations on property leased by Martin Marietta from E. & H. Mueller Development,
L.L.C., between Gray Road and Hazel Dell Parkway, on both the north and south sides of 106th
Street:
1. Surface sand and gravel extraction and establishment of an artificial lake on
105.981 acres, more or less, on the north side of 106th Street. This application requests
approval for sand and gravel extraction utilizing a floating dredge. Unlike the petitions
docketed as SU-24-02 and SU-25-02, and denied by the Board of Zoning Appeals on
May 28, 2002, Martin Marietta is not requesting a variance from the natural open space
buffer requirements of Section 5.2 of the Carmel-Clay Zoning Ordinance. It is our
intention to dismiss our appeal of those denials upon the docketing of this application.
2. Underground limestone extraction on 105.981 acres, more or less, on the north
side of 106th Street.
3. Surface sand and gravel extraction on 96.921 acres, more or less, on the south
side of 106th Street.
4. Surface limestone extraction on 96.921 acres, more or less, on the south side of
106th Street.
5. Underground limestone extraction on 96.921 acres, more or less, on the south side
of 106th Street.
These applications are being filed pursuant to the provisions of Section 5.2, which
permits mineral extraction as a special use in the S-1 zoning district, and in accordance with
Chapter 21, of the Carmel-Clay Zoning Ordinance.
1
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December 13,2002
Page 2
We have filed a separate application for each mining operation because each has unique
characteristics, including location and method of extraction. We hope that each of these
applications is considered independently, upon its own merits. We believe that these separate
applications will allow the Board of Zoning Appeals, your office, the City's consultant and the
community to closely examine each request. As you can see, we have endeavored to make each
application as comprehensive as possible, to address mining method and respond to concerns that
have been raised about mining operations in the City of Carmel. We intend to supplement the
applications with additional information and expert testimony prior to and at the hearing of the
Board of Zoning Appeals.
We understand that the first application covers the same operations that the Board denied
in May. In the course of the subsequent discussions with the Board, it became apparent that the
Board believes any settlement with regard to sand and gravel extraction on north Mueller would
require agreements affecting future operations on other parts of the Mueller property. This
position, together with the questions raised about Martin Marietta's intent with regard to the
other parts of the Mueller property, caused us, in consultation with our top-level corporate
management, to re-examine our approach and come up with a more comprehensive presentation
of our long-range goals for mining in the area. This comprehensive approach is possible because
of the settlement of the Kingswood "urban area" litigation, which requires us to apply for these
approvals, and because the Department of Natural Resources has granted approval to relocate
Blue Woods Creek south of 106th Street, a necessary prerequisite to any operations on that
property.
We expect that these applications will be closely scrutinized. We especially welcome the
opportunity to meet with you and your staff, and with the City's experts, to discuss these
applications and any additional information the City might find helpful in evaluating them.
r-
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
2) 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 Engle & 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
3) Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
X (c) Other: Long-term lessee of the subiect property
4) 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
5) Record of Ownership:
Deed Book No.llnstrument No. 2000-24710
Page: N/A Purchase Date: Januarv 4.2000
6) Common address of the property involved: 5345 106th Street East. Indianapolis. IN 46280
Legal description: See Appendix A
Tax Map Parcel No.: 17-14-09-00-00-003.000
7) 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 ("Ordinance") establishes that "Mineral extraction.
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
borrow pit. top soil removal and their storage" is a permitted Special Use in this
district.
bl 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 a permitted Special Use in this district.
8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet
entitled "Findings of Fact-Special Use")
See Pages 10 and 11 for "Findings of Fact - Special Use" and Appendix B for Reasons
SuPPorting the Special Use.
9) Present zoning of the property (give exact classification): S-1 Residence District: also partiallY
in a Special Flood Hazard Area (floodplain)
10) Present use of the property: Agricultural
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.
13) Is the property: Owner occupied
Renter occupied X
Other
14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection
with this property that would relate or affect its use for the specific purpose of this application?
If yes, give date and docket number, decision rendered, and pertinent explanation.
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 Ledger 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 3 of 11 - Special Use Application
The applicant understands that docket numbers will not be assigned until all supporting
information has been submitted to the Department of Community Services.
The applicant certifies by signing this application that he/she has been advised that all
representations of the Department of Community Development are advisory only and that the applicant
should rely on appropriate subdivision and zoning ordinance and/or the legal advice of his/her attorney.
I, ,Auditor of Hamilton County, Indiana, certify that the
attached affidavit is a true and complete listing of the adjoining and adjacent property owners concerning
Docket No.
OWNER
ADDRESS
See Appendix C for List of Adioining
and Adiacent Property Owners and for the
AdioininQ 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/contract purchaser of property involved in this application and that
the foregoing signatures, statements, and answers herein contained and the information herewith
submitted are in all respects true and correct to the best of my knowledge and belief. I the undersigned
authorize the applicant to act on my behalf with regard to is applic' tion and su quent hearings and
testimony. H M" 11 .... 1 L "-
. . ue ucte . .
Signed:
12/13/02
ope Owner, Property Owner's Attorney, Date
erty Owner's Power of Attorney)
J. Michael Antrim, its attorney
(Please Print)
STATE OF INDIANA
SS:
County of
Hamil ton
Before me the undersigned, a. Notary Public
for
(County in which notarization takes place)
HA/1A1 L-lO;J
(Notary Public's county of residence)
County, State of Indiana, personally appeared
J. Michael Antrim. attorney for E. H. Mueller Development.and acknowledge the execution of the
_ Owner, Attorney, or Power of Attorney) L.L.C.
foregoing instrument this 13th
day of
__r . '2Et~.. . rj
~aM^ j {;t
Not rY Public - Signature
(SEAL)
J~ ~c- PlhfdtUVt;.{
My commission expires: 0 z- W.1J '2/J I {J
(SEAL)
Page 5 of 11 - Special Use Application
AFFIDAVIT
I hereby swear that I am the applicanVlessee of property involved in this application and that the
foregoing signatures, statements, and answers herein contained and the information herewith submitted
are in all respects true and correct to the best of my knowledge and belief.
Signed:
Date
~(Jd;
(Please Print)
----
//~/
STATE OF INDIANA
SS:
County of ~o...rn \. ~1-~~ Before me the undersigned, a Notary Public
(County in which notarization takes place)
for
.\-\n.Y"Y'\ ,--th~
(Notary Public's county of residence)
-:j'~ tl \\ \:e rO,
(ApplicanVLessee)
County, State of Indiana, personally appeared
and acknowledge the execution of the
foregoing instrument this \ ~
day of kQ..N<be..r , 20 02..
~()O- d od~~
Notary Public - Signature
(SEAL)
(SEAL)
LISCL L. Lo.r)le.r
Notary Public - Please Print
My commission expires: ad. d I ,~Ql 0
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 J 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
CARMEUCLA Y BOARD OF ZONING APPEALS
I (WE) DO HEREBY CERTIFY THAT A LEGAL
(Petitioner's Name)
NOTICE OF PUBLIC HEARING BEFORE THE CARMEUCLAY BOARD OF ZONING APPEALS
CONSIDERING DOCKET NUMBER WAS GIVEN AT LEAST TWENTY. FIVE (25)
DAYS PRIOR TO THE DATE OF THE PUBLIC HEARING TO THE BELOW LISTED ADJOINING AND
ABUTTING PROPERTY OWNERS.
OWNER ADDRESS
STATE OF INDIANA
SS:
The undersigned swear that the above information is in all respects true and correct to the best
of my knowledge and belief.
County of
for
Signature of Petitioner
before me the undersigned, a Notary Public
(Notary Public's county of residence)
(County in which notarization takes place)
County, State of Indiana, personally appeared
(Property Owner, Attorney, or Power of Attorney)
and acknowledge the execution of the foregoing
instrument this
day of
,20_.
Notary Public - Signature
(SEAL)
Notary Public - Please Print
My Commission Expires:
Page 8 of 11 - Special Use Application
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
DAY OF
,20_.
Board Member
Page 9 of 11 - Special Use Application
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 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 of the 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, the100-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 mineral
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.
Page 10 of 11 - Special Use Application
4. The Special Use will not injuriously or adversely affect the adjacent land or property values because:
Surface and/or underground mining are already occurring to the south, west, and northeast of
the proposed Special Use area. The land to the east and north of the proposed Special Use area is
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 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 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 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 2-160, 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 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 Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back.
(Petitioner or his representative to sign.)
PaQe 11 of 11 - Special Use Application
REASONS SUPPORTING THE SPECIAL USE FOR
SURFACE LIMESTONE OPERATION
(RESPONSE TO NUMBER 8, PAGE 2 OF 11 OF THE
APPLICATION FOR SPECIAL USE APPROVAL)
1.0 INTRODUCTION
Martin Marietta has filed a petition with the Carmel-Clay Board of Zoning Appeals (BZA) for
approval to conduct a surface limestone operation utilizing typical mining equipment including
loaders, backhoes, and trucks, on the Mueller Property South, which is located south of 106th
Street and west of Hazel Dell Parkway. The specific request to the BZA is for approval of a surface
limestone operation and a resulting lake as special uses permitted with BZA approval in the 8-1
Zoning District.
Martin Marietta is a recognized leader in the promotion and development of responsible
environmental stewardship in the mining industry. The company has received numerous
environmental and community awards. It is the commitment of the company to conduct operations
in a manner that does not conflict with the City's objective to protect the health, safety, and welfare
of the public. The company will meet or exceed all applicable federal, state, and local regulations
which govern the operation of the facility.
The proposed surface limestone operation will serve as an expansion of the existing
operation which has been conducted by Martin Marietta for a number of years on the property
south of the subject property (North Indianapolis Plant). The following pages summarize Martin
Marietta's mining and reclamation plans for the surface limestone operations on the Mueller
Property south of 106th Street.
Every community uses stone, sand, and gravel (collectively referred to as "aggregate").
Although synthetic substitutes have been developed for many construction materials, rock and
sand remain a necessity for roads, parking lots, foundations, walls, settling basins, bedding for
pipes, and a host of other construction activities. It is estimated that the Carmel, Indiana, area itself
consumes approximately 1,000,000 tons per year of these materials. Thus, Carmel needs access
to a supply of stone and sand. As described below, it is important to have such an aggregate
source in close proximity to its market location.
Construction aggregate is a low unit value commodity but is expensive to transport.
Transportation costs can often equal or exceed the actual costs of the material if a site is not
located near its market. Thus, the proximity of a site to its market is crucial.
A common thought among property owners with respect to mining operations is "Not in my
backyard." This notion promotes poor planning and environmental policy for a number of reasons,
especially when there is an existing site which can accommodate the needs of the community if
it is expanded. In the case of Martin Marietta's existing mining operations in Carmel, typical
residential and commercial development surrounding the subject property has occurred. High
quality commercial development has grown up in the 96th Street corridor, as one might expect
along a major thoroughfare. As distance from the thoroughfare increases, multi-family residential
uses begin as a transition zone and then upper-middle class single family residential uses exist
next to Martin Marietta's existing Carmel Sand Plant and the North Indianapolis Plant. This area
has thus established its land use patterns quite well in relation to the existing mining operations,
B-1
and these land use patterns reflect the fact that existing (and previous) sand and gravel and
limestone operations in the area are simply not an impediment to residential development. Thus,
continued development of the existing area which has come to accommodate this use makes
sense from a planning standpoint.
2.0 MINING PLAN
2.1 Introduction
The general geographic location of the proposed surface limestone operation is between
Hazel Dell Parkway and an existing Martin Marietta Mine on the south side of 106th Street in
Carmel, Clay Township, Hamilton County, Indiana. The subject property is located inside the
corporate boundaries of the City of Carmel, Indiana, pursuant to Annexation Ordinance No. C-214
and in accordance with I.C. 36-4-3-4. The subject property abuts Hazel Dell Parkway and 106th
Street. An existing Martin Marietta processing plant (North Indianapolis Plant) and other Martin
Marietta surface and underground operations are adjacent to the subject property to the south and
west. Martin Marietta has the underground mineral rights on property east of Hazel Dell Parkway
which is owned by the City of Carmel.
The subject property has historically been used for agricultural purposes and is relatively
flat.
2.2 Mining Method
Martin Marietta will develop a surface limestone operation on the subject property to
commence in 2003 and continue for approximately 25 years, depending on market conditions. This
operation will serve as the extension of the existing North Indianapolis Plant. The surface
limestone extraction will result in the creation of a lake.
To reach the limestone, Martin Marietta must remove approximately 5 feet of topsoil and
nonaggregate material known as "overburden" and approximately 26 feet of sand and gravel. Prior
to earth disturbance activities, appropriate erosion and sedimentation controls will be in place to
prevent sediment from leaving the subject property. Overburden will be removed using
earthmoving equipment such as pans, front-end loaders, etc. Martin Marietta will commit that
overburden removal shall be completed during daylight hours (between one-half hour after sunrise
and one-half hour before sunset) during the months of November through March (except as
necessary to construct the visual and noise barrier described below) and only on days other than
Saturday or Sunday. Martin Marietta shall conduct all operations, including overburden removal,
in a manner so as to minimize noise, dust, and light impact on surrounding properties.
From the overburden removed prior to surface limestone operations, Martin Marietta shall
either process that material at the North Indianapolis Plant or store the material on the North
Indianapolis Plant site.
Removing overburden will expose the sand and gravel. Martin Marietta will use typical
mining equipment such as loaders, backhoes, and trucks to remove the sand and gravel. Once
the sand and gravel are removed, the limestone will be exposed. Limestone will be mined by
blasting benches and transporting blasted rock for processing for use as a final product. Total
B-2
thickness ot the limestone material is approximately 215 teet. A phased approach to mining and
concurrent reclamation plan will be employed to the extent possible.
There will be no aggregate processing on the subject property since processing will occur
at the existing North Indianapolis Plant and Carmel Sand Plant.
2.3 Buffers and Screening
A buffer area of approximately 330 feet in width will be maintained along the south side of
1 06th Street trom the southern right-ot-way line which will contain the relocated Blue Woods Creek,
a berm of 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 visual barrier and
screening from 106th Street.
A seeded berm along the western boundary of the Hazel Dell Parkway of approximately 15
feet in height and a six-foot high chain-link fence will be constructed. The 15-foot high berm will
provide the visual barrier and screening from Hazel Dell Parkway.
2.4 Hours of Operation
All overburden removal on the Mueller Property south ot 106th Street shall be completed
during daylight hours (between one-half hour after sunrise and one-half hour before sunset) during
the months of November through March and only on days other than Saturday or Sunday. Sand
and gravel extraction will be conducted only between the hours of 6:00 A.M. and 10:00 P.M.,
Monday through Saturday, except in the case of unusual circumstances or in the event of special
projects requiring greater production, and then only after notice to the Department of Community
Services. Typical limestone operations, such as loading, hauling, maintenance, etc., will occur
around the clock; however, blasting will be restricted to the hours of 11 :00 A.M. to 5:00 P.M.,
Monday through Friday.
2.5 Environmental and Aesthetic Considerations
The following sections discuss Martin Marietta's plans to address environmental and
aesthetic considerations.
2.5.1 Air
Aggregate mining operations are regulated under the federal Clean Air Act and applicable
statues implemented by the Indiana Department of Environmental Management. The Mueller
South Limestone operation will be subject to all such regulations. Dust suppression measures to
be utilized by Martin Marietta include water trucks and water sprays. The water trucks will routinely
wet access roads, roads internal to the mining area, and muck piles. Moreover, the buffer areas
will further minimize conveyance of dust, it any, from the subject property. Martin Marietta's
creation of a natural vegetated buffer area will also reduce the probability of dust being transported
trom the subject property.
B-3
I
2.5.2 Noise
Noise impacts on the subject property will be minimal. All activities will occur "in the pit" and
well below the natural ground surface. Moreover, a minimum 1 O-foot high berm will be constructed
around the perimeter of the aggregate removal operations which will serve as a buffer against
sounds originating from activities at the subject property. All operations will be conducted within
the guidelines of applicable regulations, and blasting will be continuously monitored. Blasting will
occur only during the hours between 11 :00 A.M. and 5:00 P.M., Monday through Friday, at which
times other environmental sounds not related to activities at the subject property (highway vehicular
traffic and typical business commerce) will be at their highest levels.
2.5.3 Erosion
Activities on the subject property will be conducted in accordance with the Indiana Water
Pollution Control Board regulations governing stormwater runoff associated with construction
activities under the NPDES General Permit Rule Program and in accordance with any applicable
local regulations.
2.5.4 Visual
Mitigation measures include the following.
1. Construction of the berms which are indicated on the attached Conceptual Mine
Plan Map located in Appendix I.
2. Sides/opes will be graded and seeded (during recommended planting season) upon
completion of mining in any given area.
2.5.5 Blasting
Explosives will be used in the extraction of limestone rock at the proposed surface mine.
Blasting will not have any impact on surrounding properties. All blasting will be conducted by
individuals trained and experienced in the design and safe use of blasting systems. All surface
extraction will be done in strict accordance with alllocal,state, and federal safety provisions for
surface extraction. Blasting will be limited to the hours between 11 :00 A.M. and 5:00 P.M., Monday
through Friday. Martin Marietta will continue to monitor for seismic vibration and peak particle
velocity and will make that information available to the City of Carmel, upon request.
3.0 RECLAMATION
Surface limestone extraction south of 106th Street will result in the eventual creation of an
artificial lake. The water elevation of the lake will fluctuate according to seasonal variation and
other factors. The lake will provide a temporary habitat for migrating birds. Areas will be
moderately sloped (3:1) and seeded from the permit boundary to the top of the limestone. All
mining equipment will be removed from the subject property. All reclamation shall comply generally
with the reclamation guidelines adopted by the Indiana Mineral Aggregates Association, a copy of
which shall be provided to the Director upon request.
B-4
Martin Marietta Materials, Inc. will provide reclamation bond payable to the City of Carmel
in an appropriate and reasonable amount to assure reclamation as provided in the Conceptual
Reclamation Plan Map filed with Martin Marietta's application for Special Use. This bond will be
kept in full force until Martin Marietta completes the reclamation of the Mueller Property south of
106th Street and west of Hazel Dell Parkway in accordance with such Plan.
4.0 MARTIN MARIETTA'S COMMITMENTS
In connection with its petitions for special use approval for surface limestone extraction,
restrictions on operations outlined in Martin Marietta's application will be proposed as written
commitments in recordable form.
8-5
The following section is provided in response to Number 6 of the Findings of Fact of the
Application for Special Use. For ease of review, Martin Marietta has provided a copy of the entire
Chapter 21 of the Carmel/Clay Zoning Ordinance with its responses to each provision to show that
the Special Use approval is appropriate for the subject property.
City of Carmel & Clay Township Zoning Ordinance
CARMELJCLA Y ZONING ORDINANCE
CHAPTER 21: SPECIAL USES & SPECIAL EXCEPTIONS
21.0 Special Uses and Special Exceptions.
21.1 General Information.
21.2 Procedure.
21.3 Basis of Board Review.
21.4 Basis of Board Approval or Rejection.
21.5 Expansion of Approved Special Uses or Special Exceptions.
21.6 Special Uses or Special Exceptions in Flood Plain Districts.
21.7 Provisions for Financial Performance and Maintenance Guarantees for Special
Uses.
21.0 Special Uses and Special Exceptions.
Sec. 21.0 amended per Ordinance No. Z-320.
21.1 General Information.
Special Use or Special Exception approval by the Board shall be necessary prior to the
establishment of a Special Use or Special Exception, so cited by the district regulations
herein, or the issuance of an Improvement Location Permit for said Special Use. 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 special and
unique conditions determined as a result of the review procedure established herein.
Martin Marietta Materials, Inc. acknowledges that a Special Use approval is
necessary prior to the establishment of a Special Use.
21.2 Procedure.
21.2.1 Procedure generallv. Whenever an application for a Special Use or Special
Exception within the jurisdiction of this Ordinance is made, it shall follow the
procedure set forth herein and shall conform to the regulations and requirements
of this Ordinance.
The procedure set forth within Chapter 21.2 of the Carmel/Clay Zoning
Ordinance is duly noted and understood by the applicant, Martin Marietta
Materials, Inc.
Chapter 21: Special Uses & Special Exceptions
as amended per Z-320j Z-365-01
Summer 2002 vi
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City of Carmel & Clay Township Zoning Ordinance
21.2.2 Consultation with the Director and Application. Applicants shall meet with the
Director to review the zoning classification of their site, review copies of the
regulatory ordinances and materials, review the Special Use or Special Exception
procedures, and examine the proposed use and development of the property. The
Director shall aid and advise the applicant in preparing his application and
supporting documents as necessary. The applicant shall then submit two (2) copies
of the written application form and all necessary supporting documents and
materials.
The applicant, Martin Marietta Materials, Inc. met with the Planning Director
on December 13, 2002, to review the zoning classification of the subject
property, review copies ofthe regulatory ordinances and materials, review the
Special Use procedures, and examine the proposed development of the
subject property.
21.2.3 Initial Review of the Application and Supporting Documents and Materials bv the
Director: Submission to the Board. Following the receipt of the written application
and necessary supporting documents and materials by the Director, he shall then
review the materials solely for the purpose of determining whether the application
is complete and in technical compliance with all applicable ordinances, laws, and
regulations and therefore entitled to be forwarded to the Board. If the materials
submitted by the applicant are not complete or do not comply with the necessary
legal requirements, the Director shall inform the applicant of the deficiencies in said
materials. Unless and until the Director formally accepts the Special Use or Special
Exception application as complete and in legal compliance, it shall not be
considered as formally filed for the purpose of proceeding to succeeding steps
toward Special Use or Special Exception approval as hereinafter set forth. Within
thirty (30) days of the formal acceptance of the application by the Director, he shall
formally file the application by placing it on the agenda of the Board, according to
the Board's Rules of Procedure.
Martin Marietta Materials, Inc. is aware of the process of the initial review by
the Director to determine whether or not the application is technically
compliant with all applicable ordinances, laws, and regulations. Martin
Marietta understands that the application may be determined to have
deficiencies (but has worked diligently to prepare a technically complete
application) and that until the Director formally accepts the Special Use
application as complete and in legal compliance, it will not be considered
formally filed. Within 30 days of the formal acceptance, the applicant
understands that the application will be formally filed by placing it on the
agenda of the Board.
Chapter 21: Special Uses & Special Exceptions
as amended per Z-320; Z-36S-01
Summer 2002 vi
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City of Carmel & Clay Township Zoning Ordinance
21.2.4 Public Hearing bv the Board. Once the Director has accepted and filed the
application with the Board, the Board or its delegate shall assign a docket number
and set a date and time for a public hearing as required by the Rules of Procedure
of the Board. The applicant shall be responsible for the cost and publication of the
required published legal notification of the public hearing. The applicant shall also
notify all interested parties and property owners as required by the Rules of
Procedure of the Board. The conduct of the public hearing shall be in accordance
with the Board's Rules of Procedure.
The applicant acknowledges responsibility for the cost and publication of the
required published legal notification of the public hearing. Martin Marietta
Materials Inc. will notify all interested parties and property owners as required
by the Rules of Procedure of the Board.
21.2.5 Approval or Denial of the Special Use or Special Exception Application bv the
Board. Upon approval of the Special Use or Special Exception, the Board shall
inform the Director that he may issue Improvement Location Permits for the Special
Use or Special Exception and inform the applicant of the time limits set forth in
Section 21.2.7. The Board shall inform the applicant that he may apply to the
Director for Improvement Location Permits for the Special Use or Special Exception,
if necessary, or may commence the Special Use or Special Exception if no permits
are required. After denial of a Special Use or Special Exception application, a
variance, Special Use, Special Exception, or zoning amendment concerning the
same property shall not be filed for a period of six (6) months. Failure of the
Director to inform the applicant of the time limits set forth in Section 21.2.7 shall not
relieve the applicant of complying with said Section. If the petition is denied by the
Board, the Board shall provide the applicant with a copy of said reasons, if
requested.
Martin Marietta Materials understands the procedure related to approval or
denial of the Special Use Application as it pertains to time limits set forth in
Section 21.2.7. If the petition is denied by the Board, the applicant will not
apply for another Special Use for a period of six months.
21.2.6 Authorization. In no event shall a Special Use or Special Exception be established
or an Improvement Location Permit be issued for improvements for a Special Use
or Special Exception prior to the approval of the Special Use or Special Exception
by the Board unless otherwise excepted herein.
The applicant, Martin Marietta Materials, Inc., duly notes that a Special Use
shall not be established prior to the approval of the application.
Chapter 21: Special Uses & Special Exceptions
as amended per Z-320; Z-365-01
Summer 2002 vi
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City of Carmel & Clay Township Zoning Ordinance
21.2.7 Time Limit. Any person to whom a Special Use or Special Exception is granted by
the Board, under the procedures set forth in this chapter, shall have commenced
continuous construction of said Special Use or Special Exception or implemented
said Special Use or Special Exception within one year of the date of the granting of
the approval or said approval shall become null and void.
Upon application to the Director before the expiration of said approval, and upon
good cause shown, said approval may be extended for six (6) months.
Martin Marietta Materials, Inc., if granted Special Use permission from the
Board, will commence continuous construction of the proposed activities
within one year of the date of the granting of the approval.
Sec. 21.2 amended per Ordinance No. Z-365-01.
21.3 Basis of Board Review.
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:
The applicant, in recognition of the Board's review of particular needs and
circumstances of each application, provides additional information on all items
related to this provision.
1. Topography - The topography on the subject property is generally flat with the
exception of Blue Woods Creek which crosses the southeastern quadrant of
the subject property. The ground elevations across the subject property
range from 730' mean sea level (MSL) :!: to 750' MSL:t. With topsoil,
overburden, sand and gravel, and limestone averaging a total of some 246
feet in depth, proposed ground elevations will be reduced in accordance with
the Conceptual Mine Plan Map, as indicated on Sheet 3 or 6. Ultimately, the
subject property will be reclaimed as a lake with moderately sloping sides
(3:1) down to the water surface. This activity will be completed consistent
with Conceptual Reclamation Plan Map, Sheet 4 of 6.
2. Zoning on site - The Mueller Property South located on the south side of 106th
Street is currently zoned S-1, Residence District. Section 5.2 of the Car-
mel/Clay Zoning Ordinance ("Ordinance") establishes that "Mineral extrac-
tion, borrow pit, top soil removal and their storage" is a permitted Special Use
Chapter 21: Special Uses & Special Exceptions
as amended per Z-320j Z-36S-01
Summer 2002 vi
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City of Carmel & Clay Township Zoning Ordinance
in this district. Also an "Artificial lake or pond" is a permitted Special Use in
this district.
3. Surrounding zoning and land use - The proposed Special Use subject property
is bound by areas zoned as S-1 Residence District to the north, to the south,
to the east, and to the west.
Land uses surrounding the project area include agricultural to the north and
east and existing mining operations (surface and underground) to the south
and west.
4. Streets, curbs and gutters, and sidewalks - The activity proposed for the subject
property proposes no new streets, curbs and gutters, or sidewalks. See
Number 5, below, for information pertaining to access to public streets.
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.
5. Access to public streets - The activity proposed for the subject property does
not require new access to public streets. The access to the subject property
will be through the existing River Road access location or through the
existing North Indianapolis site located directly to the south of the subject
property which is owned by American Aggregates, Inc. and operated by
Martin Marietta Materials, Inc. The existing North Indianapolis Plant has an
existing access drive off of East 96th Street and Gray Road.
6. Driveway and curb cut locations in relation to other sites - The activity proposed
for the subject property does not require any new driveways or curb cuts
from the adjoining roads onto the subject property. Any access to the subject
property will be through the existing River Road access location or through
the existing North Indianapolis site located directly to the south of the subject
property which is owned by American Aggregates, Inc. and operated by
Martin Marietta Materials, Inc.
7. General vehicular and pedestrian traffic - During mining operations, no vehicular
traffic will be generated on the subject property. Pedestrian access to the
subject property will be prohibited by the use of berms, fencing, and warning
signs.
8. Parking location and arrangement - The activity proposed for the subject
property does not require any designated parking areas or lots. Any required
parking will be available at the existing North Indianapolis Plant located
Chapter 21: Special Uses & Special Exceptions
as amended per Z-320; Z-365-01
Summer 2002 vi
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City of Carmel & Clay Township Zoning Ordinance
directly to the south of the subject parcel which is owned by American
Aggregates, Inc. and operated by Martin Marietta Materials, Inc.
9. Number of parking spaces needed for the particular Special Use - The activity
proposed for the subject property does not require any designated parking
areas or lots.
10. Internal site circulation - Access to the subject property wiff be through the
existing American Aggregates, Inc. property located to the south of the
subject property (North Indianapolis Plant) or the River Road access location.
The internal road system will be developed from that standpoint and no new
driveways or curb cuts will be required from the adjoining roads directly onto
the subject property. Only employees of the company, regulators, and
authorized vendors will be traveling on the subject property. Any internal
roads required for the use of the operating equipment will be designed in
accordance with the appropriate regulations for the specified use.
11. Building height, bulk, and setback - There wiff be no buildings required for the
subject property. Therefore, any building height and bulk restrictions are not
applicable. Martin Marietta will provide an approximately 330-foot setback
from the southern right-of-way line of 106th Street. A screening berm
approximately 19 feet high will be constructed adjacent to the southern right-
of-way line of 106th Street. A screening berm approximately 15 feet high will
be constructed along the western boundary of Hazel Dell Parkway.
12. Front, side, and rear yards - The applicant is proposing to adhere to all required
setbacks for placement of berms and mineral extraction activities. Martin
Marietta will provide the 330-foot setback from the southern right-of-way line
of 106th Street. A screening berm approximately 15 feet high will be
constructed along the western boundary of Hazel Dell Parkway.
13. Site coverage by building(s), parking area(s) and other structures - No buildings,
parking areas, or other structures are being proposed for the subject
property.
14. Trash and material storage - Fuel oil, oil, waste oil, and gasoline will be stored
in an aboveground tank compound. Solvents and other chemical reagents
will be handled and disposed of by an approved dealer in accordance with all
local, state, and federal regulations. Applicant wiff have an approved Spill
Prevention, Control, and Countermeasures (SPCC) Plan for this facility.
Chapter 21: Special Uses & Special Exceptions
as amended per Z-320j Z-365-01
Summer 2002 vI
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City of Carmel & Clay Township Zoning Ordinance
Trash generated at the subject property will be placed in on-site dumpsters
and periodically removed by a qualified contractor to an approved landfill or
waste disposal facility.
15. Alleys, service areas and loading bays - The activity proposed for the subject
property does not require any alleys, service areas, or loading bays to be
constructed on the subject property.
16. Special and general easements for public or private use - During mineral
extraction activity, there will be no special and general easements for public
or private use. In addition, a 45-foot half right-of-way on the south side of
106th Street will be dedicated to the City of Carmel. 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.
17. Landscaping and tree masses - See Conceptual Landscape Plan Map (Sheet 5
of 6) for proposed seeding specifications. Trees will be planted along the
relocated Blue Woods Creek in accordance with the Blue Woods Creek permit
approvals. Also see Number 18 below for further descriptions of screening
and buffering.
18. Necessary screening and buffering - 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 of approximately 19 feet in
height adjacent to the southern right-of-way line, tree plantings, and a 6-foot
high chain-link fence. The 19-foot high berm will provide the visual barrier
and screening from 106th Street.
A seeded berm of approximately 15 feet in height and a six-foot high chain-
link fence will be contained along the western boundary of Hazel Dell
Parkway. The 15-foot high berm will provide the visual barrier and screening
from Hazel Dell Parkway.
19. Necessary fencing - Perimeter fencing consisting of six-foot high chain link will
be constructed around the perimeter of the subject property with the
exception of the western and southern portions of the subject property that
adjoins lands owned by American Aggregates Corporation.
20. Necessary exterior lighting - Any required exterior lighting will be provided for
by the mining equipment and may be supplemented by portable light plant,
if necessary. No lighting will be shined or directed off the subject property.
Chapter 21: Special Uses & Special Exceptions
as amended per Z-320; Z-365-01
Summer 2002 vi
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City of Carmel & Clay Township Zoning Ordinance
21. On-site and off-site, surface and subsurface storm and water drainage - All surface
and subsurface storm and water drainage from the subject property shall be
controlled by appropriate erosion and sedimentation controls such as
retention basins or settling ponds sufficient to prevent any sediment from
leaving the subject property. The operator of the facility will conform to any
applicable legal requirements with respect to drainage.
22. On-site and off-site utilities - The only utility that is required at the subject
property is electrical service. Electrical service will be provided by extending
an existing line from the North Indianapolis Plant located to the south.
23. Dedication of streets and rights-of-way - It is Martin Marietta's understanding
that no additional rights-of-way are required to be dedicated for any street
since all street rights-of-way are in conformance with current regulations
(other than the 45-foot half right-of-way for 1 06th Street). In the event that the
rights-of-way have not been dedicated, Martin Marietta agrees to dedicate the
land required for the additional right-of-way to conform with the Carmel-Clay
Thoroughfare Plan. A 45-foot half right-of-way on the south side of 106th
Street will be dedicated to the City of Carmel. 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.
24. Proposed signage (subject to regulations established by the Sign Ordinance) -
Ground identification signage will be provided for each frontage (on Hazel-
Dell Parkway and 106th Street) in accordance with Section 25.7.02-7. Signs
will be placed a minimum of five feet from the road rights-of-way. Landscap-
ing around the signs will be provided in an area at least equal to the area of
the sign. In addition, appropriate signs which warn against trespassing and
the presence of a quarry shall be mounted or posted along the chain-link
fence surrounding the operation at intervals of no more than 100 feet.
25. Protective restrictions and/or covenants - Restrictions on operations outlined in
Martin Marietta's application will be proposed as written commitments in
recordable form.
26. Need for lifeguards and other supervisory personnel, in respect to a private
recreational development or facility - Lifeguards and other supervisory
personnel will not be required, as the proposed special use is not a recre-
ational development or facility.
Chapter 21: Special Uses & Special Exceptions
as amended per Z-320; Z-365-01
Summer 2002 vi
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City of Carmel & Clay Township Zoning Ordinance
Sec. 21.3 amended per Ordinance No. Z-365-01.
21.4 Basis of Board Approval or Reiection.
21.4.1 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 21.3) concerning the proposed Special Use:
Martin Marietta Materials, Inc. acknowledges that the Board will base its
decision on the following factors.
1. The particular physical suitability of. the premises in question for the
proposed Special Use.
The subject property is physically ideal for a surface limestone
operation. An aggregate operation may be located (and thus be
operated) only where the desired geology is present and a market for
the product (sand and gravel material) exists. Both of these criteria
are met at the subject property. In addition, since the proposed
operation is in proximity to several surface and/or underground mines
and will be able to be accessed by the existing operation to the south,
it limits the amount of physical disturbance that would normally be
requited for a "greenfield" or newly developed operation. For
example, the subject property will be able to use existing parking,
office/shop facilities, access road, and processing facilities to the
south without having to disturb additional land area.
2. The economic factors related to the proposed Special Use, such as cost!
benefit to the community and its anticipated effect on surrounding property
values.
The proposed Special Use will not have a significant impact on the
local economy. Aggregate is a high-bulk, low unit value commodity,
meaning that a deposit's location to the market is what dictates
whether or not it is economically feasible to mine. It is typically
produced near to the point of use since transportation costs can often
constitute over half of the total selling price of the material. The
location of the limestone material at the Mueller Property South is
unique in that way. Every attempt should be made to recover this
valuable material in its entirety. Limestone helps to provide materials
for highway, bridge, building, and housing construction, among many
uses, and will benefit the community by making those resources
Chapter 21: Special Uses & Special Exceptions
as amended per Z-320; Z-365-01
Summer 2002 vi
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City of Carmel & Clay Township Zoning Ordinance
available. Surface and underground mining activities are already
occurring in several locations surrounding the proposed Special Use
Area. The proposed surface limestone operation will be operated in a
manner that is not detrimental to the health, safety, and welfare of the
community. The artificial lake may increase the property values of the
adjoining residential properties.
3. The social/neighborhood factors related to the proposefl Special Use, such
as compatibility with existing uses and those permitted under current zonin'g
in the vicinity of the premises under consideration and how the proposed
Special Use will affect neighborhood integrity.
Aggregate is a high-bulk, low unit value commodity, meaning that a
deposit's location to the market is what dictates whether or not it is
economically feasible to mine. It is typically produced near to the
point of use since transportation costs can otten constitute over half
of the total selling price of the material. The location of the surface
limestone material at the Mueller Property South is unique in that way.
, Every attempt should be made to recover this valuable material in its
entirety. Limestone helps to provide materials for highway, bridge,
building, and housing construction, among many uses, and will benefit
the community by making those resources available. Surface and
underground mining activities are already occurring in several
locations surrounding the proposed Special Use Area. The proposed
surface limestone operation will be operated in a manner that is not
detrimental to the health, safety, and welfare of the community. The
artificial lake may increase the property values of the adjoining
residential properties.
4. The adequacy and availability of water, sewage, and storm drainage
facilities and police and fire protection.
The subject property will not require domestic water or sewer facilities,
and storm drainage will be accommodated at the subject property or
via 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.
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.
Chapter 21: Special Uses & Special Exceptions
as amended per Z-320; Z-365-01
Summer 2002 vI
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City of Carmel & Clay Township Zoning Ordinance
As with any mineral extraction operation, vehicular traffic is a function
of sales. Annual production and sales are dependent on product
demand, which varies from year to year. While Martin Marietta has no
planned increases in surface limestone production, vehicular traffic
will vary from year to year as it has in the past at the North Indianapo-
lis Plant. Pedestrian traffic will not be allowed on the subject property.
The subject property will be barricaded by berms, fencing, and such
as described throughout this application package.
21.4.2 Special Exception Decisions. A Special Exception application may be approved by
the Board only upon a determination in writing that:
1. The approval will not be injurious to the public health, safety, morals, and
general welfare of the community, in relation to the above-listed items
(Section 21.3) concerning the proposed Special Exception;
2. The use and value of the area adjacent to the premises under consideration
will not be affected in a substantially adverse manner;
3. The need for the Special Exception arises from the applicant's responsibility
to provide public utility service and not from any condition peculiar to the
premises under consideration;
4. It will constitute an unnecessary hardship for the applicant if the Special
Exception is denied, in that there are no existing or approved towers or other
structures in the vicinity of the premises under consideration which would be
suitable for the collocation of the equipment that the applicant needs to
locate in such vicinity, having regard to the following factors:
a. Whether the needed equipment would exceed the structural capacity
of such existing or approved towers or structures, as documented by
a qualified professional engineer, and whether such towers or
structures could be reinforced, modified, or replaced to accommo-
date the needed or equivalent equipment at a reasonable cost;
b. Whether the needed equipment would cause interference materially
impacting the usability of existing or planned equipment at such
existing or approved towers or structures, as documented by a
qualified professional engineer, and whether such interference could
be prevented at reasonable cost; and
Chapter 21: Special Uses & Special Exceptions
as amended per Z-320; Z-365-01
Summer 2002 vi
0-11
City of Carmel & Clay Township Zoning Ordinance
c. Whether the needed equipment could be accommodated on such
existing or approved towers or structures at a height necessary to
functional reasonably, as documented by a qualified professional
engineer; and
5. The approval of the Special Exception does not interfere substantially with
the Comprehensive Plan in that there are no alternative sites suitable
[having regard to the factors listed above in subparagraph (4)] for the
equipment that the applicant needs to locate in the vicinity which are located
in either Business, Industrial, or Manufacturing Districts, or on property
outside of the jurisdiction or otherwise exempt from the requirements and
procedures of this Zoning Ordinance.
Not applicable. The applicant is not proposing a Special Exception.
21.5 Expansion of Approved Special Uses or Special Exceptions.
An approved Special Use or Special Exception may be expanded up to ten percent (10%)
of the approved gross floor area without obtaining further Special Use or Special Exception
approval if the approved use or exception is continued in the. expansion, if the particular
building height, bulk, setback, yard, parking, etc. requirements are adhered to and if the
proper permits for the expansion, such as an Improvement Location Permit, are obtained.
The applicant duly notes the regulations pertaining to a ten percent expansion of the
approved Special Use.
21.6 Special Uses or Special Exceptions in Flood Plain Districts.
The Board may not exercise Special Use or Special Exception approval in any of the Flood
Plain Districts (FP, FW, or FF) until the Board has received written approval from the
Indiana Natural Resources Commission forthe proposed Special Use or Special Exception,
including any reports supplementary thereto.
Please see Findings of Fact - Special Use Item No.1 response as contained on Page
10 of 11 of the Application for Special Use Approval.
21.7 Provisions for Financial Performance and Maintenance Guarantees for Special Uses.
As a prerequisite to Special Use approval on projects subject to new construction, the
developer shall agree to provide financial performance and maintenance guarantee for
public facility improvements and installations to be constructed in and, as necessary for
proper connection and system coordination, adjoining the proposed Special Use. The
Chapter 21: Special Uses & Special Exceptions
as amended per Z-320; Z-365-01
Summer 2002 vi
D-12
City of Carmel & Clay Township Zoning Ordinance
public facility improvements and installations shall include streets (base and paving,
individually), curbs and gutters, sidewalks, storm water drainage and storm sewer systems,
sanitary sewer systems, water supply systems, street name signs, monuments and
markers, and the various appurtenances related thereto. All construction shall be according
to plans submitted as a portion of the Special Use application and accompanying data,
subject to standards and specifications cited herein. Non-public facility improvements and
installations shall be subject to financial guarantees established by their ownership.
Since the proposed Special Use is a surface limestone mining operation with access
being provided via an existing mining operation adjacent to the south, public facility
improvements and installations will not be required for proper connection and
system coordination.
21.7.1 Performance Guarantee. Prior to or at the time of Special Use approval, the
developer shall be required to provide financial performance guarantee, by certified
check, letter of credit, or performance bond running to:
A. City of Carmel jurisdiction: City of Carmel
B. Hamilton County jurisdiction: Board of Commissioners of Hamilton County
The financial performance guarantee shall provide for the completion of all public
facility improvements and installations required under the provisions of this
Ordinance, and shall be conditioned upon the following:
1. The completion of public facility improvements and installations shall be
within two (2) years from the approval of the Special Use.
2. A penal sum shall be fixed and approved by the Board equal to one hundred
percent (100%) of the total estimated current cost to the City or County of
all public facility improvements and installations provided in the Special Use
application and accompanying data according to specifications cited herein.
3. Each public facility improvement or installation provided in the Special Use
application or accompanying data shall be bonded individually, or shall have
an individual letter of credit or certified check to cover the penal sum; and
shall not have the performance guarantee provided in combination with any
of the other public facility improvements and installations.
4. The performance bond, certified check, or letter of credit shall be issued in
the name of the owner, developer, contractor, or other responsible party as
determined by the Board.
Chapter 21: Special Uses & Special Exceptions
as amended per Z-320; Z-365-01
Summer 2002 vi
0-13
City of Carmel & Clay Township Zoning Ordinance
Martin Marietta will provide a performance bond in a reasonable amount, if
required.
21.7.2 Extension of Completion Time and Non-Performance:
1. Should the developer not complete the public facility improvements and
installations as herein required within the stated two (2)-year period, the
Director may approve an extension of up to two (2) years, granted at six (6)-
month intervals, for completion of the required public facility improvements
and installations.
2. Should the developer not complete the public facility improvements and
installations as herein required within the two (2)-year period, or within any
time extension approved by the Director, the proper authorities may take the
necessary steps to proceed with the completion of the public facility
improvements and installations, making use of the certified check, letter of
credit, or performance bond.
Since public facility improvements and installations are not necessary,
regulations pertaining to 21.7.2, Extension of Completion Time and Non-
Performance, are not applicable to this application.
21.7.3 Release of Performance Guarantee. Upon the faithful completion of the required
public facility improvements and installations according to the Special Use
application and accompanying data and the specifications cited herein, the
developer shall inform the Director who shall confirm that said public facility
improvements and installations have been completed in conformity with this
Ordinance. Following said confirmation, the subdivider shall provide the Director
with two (2) sets of "as-built" plans showing the storm water drainage and storm
sewer systems, water supply system, sanitary sewer system, and monuments and
markers as they were installed. The developer may then request the release of the
performance guarantee posted with the appropriate authority. Upon the receipt of
a maintenance guarantee, as specified herein, the appropriate authority shall
release the performance guarantee within sixty (60) days. The performance
guarantee for each individual public facility improvement or installation may be
handled separately and shall in no way be contingent on the completion of any of
the other individual public facility improvements and installations or their perfor-
mance guarantees.
Since public facility improvements and installations are not necessary,
regulations pertaining to 21.7.3, Release of Performance Guarantee, are not
applicable to this application.
Chapter 21: Special Uses & Special Exceptions
as amended per Z-320; Z-365-01
Summer 2002 vi
0-14
City of Carmel & Clay Township Zoning Ordinance
21.7.4 Maintenance Guarantee. Prior to the release of the performance guarantee, the
developer shall be required to provide financial maintenance guarantee, by certified
check payable to the appropriate authority or maintenance bond running to the
appropriate authority, that all public facility improvements and installations required
under the provisions of this Ordinance shall be maintained according to specifica-
tions cited herein. Said financial maintenance guarantee shall be conditioned upon
the following:
1. The maintenance guarantee shall run and be in force for a period of three
(3) years from the date of release of the performance guarantee.
2. A penal sum shall be fixed and approved by the Board but in no case shall
the penal sum be less than fifteen percent (15%) of the total performance
guarantee for streets and ten percent (10%) of the performance guarantee
for all other public facility improvements and installations. The minimum
maintenance guarantee to be posted for streets shall be no less than
$5,000.00.
3. Each public facility improvement or installation shall be bonded individually,
or shall have an individual certified check to cover the penal sum, and shall
not have the maintenance guarantee provided in combination with any of the
other public facility improvements and installations.
4. The maintenance bond shall be issued in the developer's name alone or in
. the name of the developer and his subcontractor as co-signers. All certified
checks provided for financial maintenance guarantee shall be signed by the
developer alone.
Since public facility improvements and installations are not necessary,
regulations pertaining to 21.7.4, Maintenance Guarantee, are not applicable
to this application.
21.7.5 Releases of Maintenance Guarantee. All maintenance bonds shall expire at the
end of the three (3)-year period for which they were established. Within sixty (60)
days of the expiration date, the appropriate authority shall return said expired
maintenance bonds to the developer. In the case where a certified check has been
posted as a maintenance guarantee, the developer shall, at the end of the three (3)-
year maintenance period, contact the appropriate authority in order to obtain the
release of the maintenance guarantee. The appropriate authority shall return said
maintenance guarantee to the developer within sixty (60) days. The maintenance
guarantee for each individual public facility improvement or installation may be
handled separately and shall in no way be contingent on the completion of any of
Chapter 21: Special Uses & Special Exceptions
as amended per Z-320; Z-365-01
Summer 2002 vi
D-15
City of Carmel & Clay Township Zoning Ordinance
the other individual public facility improvements and installations or their mainte-
nance guarantee.
Since public facility improvements and installations are not necessary,
regulations pertaining to 21.7.5, Release of Maintenance Guarantee, are not
applicable to this application.
Chapter 21: Special Uses & Special Exceptions
. as amended per Z-320j Z-365-01
Summer 2002 vi
0-16
I'
City of Carmel & Clay Township Zoning Ordinance
CHAPTER 21: SPECIAL USES & SPECIAL EXCEPTIONS
AMENDMENT LOG
ORDINANCE DOCKET NO. COUNCIL EFFECTIVE DATE SECTIONS
NO. APPROVAL AFFECTED
2 -320
2-365-01 76-01 aOA November 5, 2001 November 27, 2001 21.2.4; 21.3(26)
Chapter 21: Special Uses & Special Exceptions
as amended per Z-320; Z-365-01
Summer 2002 vi
0-17
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CARMEL BOARD OF ZONING APPEALS
~~~TIN MARIETTA'S APPLICATION FOR SPECIAL USE PERMIT
'<'l\MUELLER SOUTH PROPERTY - SURFACE LIMESTONE
:It!\ Docket No: 05090003 SU
FINDINGS OF FACT
AND CONCLUSIONS OF LAW
1. Martin Marietta Materials, Inc. ("Martin Marietta") has filed an application with
the Cannel Board of Zoning Appeals (BZA) for approval to mine surface limestone (open pit) 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 south of 106th St. and is
outlined and more particularly described on Exhibit "A" hereto. For convenience, the tract will
be referred to as "Mueller South" or the "Mueller South Property."
2. The Mueller South Property is bounded on three sides by property owned and/or
leased by Martin Marietta and currently used for mineral extraction. The property is bounded on
the east by a major thoroughfare, Hazel Dell Parkway, on the north by East 106th St. and, across
that, by property also owned by Mueller Development and mined by Martin Marietta. No
property currently used for single family residential purposes is adjacent to the Mueller South
Property.
3. The Kingswood subdivision residence nearest to the Mueller South Property is
approximately 1,783 feet from the closest point of mineral extraction proposed by Martin
Marietta.
4. Martin Marietta's application was found to be appropriate and complete by the
Department of Community Services ("DOCS") and thereafter was the subject of Technical
Advisory Committee ("T AC") reviews.
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5. As a result of comments during the TAC process, Martin Marietta made various
changes to its application and related materials submitted in support thereof, a summary of which
is listed on Exhibit "B" hereto.
6. In addition to T AC review, the City's mining consultant, Spectra Environmental
Group, Inc. ("Spectra"), reviewed Martin Marietta's application and all related submittals.
7. The City Utilities Department reviewed a detailed hydrologic assessment of the
potential impact of Martin Marietta's proposed mineral extraction operations on the City's nearest
wells made by aquaFUSION, INC., dated November, 2005. Such study and review determined
that the proposed special use was not likely to adversely affect the City's water supply.
8. Martin Marietta has submitted to the DOCS of the City all of the materials and
information required by Sections 21.02 and 21.03 of the Carmel/Clay Zoning Ordinance.
9. Martin Marietta's application is for surface limestone extraction upon Mueller
South Property.
10. Martin Marietta's application does not seek approval for mineral processing on
Mueller South and none is permitted by this decision.
Le2al Framework in Which the Board's Decision Must Be Made:
11. The Mueller South property is zoned S-1. Under Section 5.02 ofthe Carmel/Clay
Zoning Ordinance, mining is a "Special Use" in the S-l district.
12. According to Section 21.01 of the Zoning Ordinance:
"Special uses shall generally be considered favorably by the Board, except in cases
where the Board fmds the proposed Special Use obviously inappropriate as a result of the special
and unique conditions determined as a result of the review procedure established herein."
(Emphasis added.)
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13. 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.
14. 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.
15. 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. This
Board is not permitted to decide a special use permit application on the basis of such concerns or
speculation.
Compliance with the Ordinance's Special Use Requirements:
16. 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:
A. "The particular, physical suitability of the premises in question for the special
use."
a. This standard is met. The Mueller South Property has a valuable limestone
deposit located on it and is contiguous to a large, long established open pit quarry. Specifically,
the Staff of the DOCS observed in its Department Report, dated December 12, 2005, that "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." Thus, the operations on
Mueller South will be able to share facilities with the existing adjacent quarry, including access
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roads, parking, equipment maintenance, and offices, among other things. This will result in an
efficient use of land and lessen any impact to nearby residences, while still enabling recovery of
the limestone minerals on Mueller South.
b. The use sought pursuant to this application is, as noted by the remonstrators in
their Statement of Remonstrance, a "seamless progression" or continuation of mining activities
commenced long ago to the south of Mueller South. This use was long ago intended by Martin
Marietta and its predecessor to extend north on and across Mueller South.
B. The economic factors related to the proposed special use, such as cost/benefit.
to the community and its anticipated effect on surroundinS! property values:
a. This standard is met. Mining the limestone deposit on Mueller South provides a
needed material with the least impact on the community. Martin Marietta submitted a recent
update of a study of property values in the Kingswood neighborhood, which showed that they
have not been adversely affected by the existing mine activities to the south and east of the
Kingswood Neighborhood. The City's consultant, Spectra, previously described the original
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." Further, DOCS
has found in respect of this issue that "[T]he 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."
b. The Remonstrators presented no credible evidence that approval of this
application would adversely affect property values.
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C. The SociallNeiehborhood Factors Related to the Proposed Special Use Such
as Compatibility With the Existine Uses and Those Permitted Under Current Zonine in the
Vicinity of the Premises Under Consideration and How the Proposed Special Use Will
Mfect Neiehborhood Inteerity:
a. This standard is met. The Zoning Ordinance adopted by the Carmel City Council
expressly allows mineral extraction as a special use in the S-1 District. The Carmel City Council
has zoned the Mueller South Property S-I, thus finding it to be compatible with the uses allowed
inthat district. The Carmel 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 ofthe review procedure established herein." In Section 21.01, the DOCS has noted in
its Department Report that "A mineral extraction use includes blasting, ...".
b. Remonstrators offered no evidence that the property is "obviously inappropriate
as a result of special and unique conditions." This is particularly so given the fact that the
property owned by Martin Marietta immediately to the south is presently used in an identical
fashion, and that the closest point of mineral extraction proposed on Mueller South Property and
the nearest residence in the Kingswood Neighborhood is approximately 1,783 feet.
c. The evidence before the Board is that Mueller South is contiguous to an existing,
large quarry. It is obviously compatible with such use.
D. The adequacy and availability of water. sewaee. and storm drainae:e facilities
and police and fire protection:
a. 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
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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 consultants. No one identified any inadequacy in the items specified
by this criterion.
E. 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. This standard is also met. This special use application proposes to use the existing
access points to the quarry in operation to the immediate south of the Mueller South Property.
No additional entrances are proposed or allowed by this permit. Dump trucks, concrete trucks,
other heavy trucks, and normal sized vehicles already use the roads applicant proposes to use and
there is no evidence that they are inadequate for the proposed special use.
b. Pedestrian traffic will not be allowed on the Mueller South Property. The
property will be protected and screened by berms and fencing as described in the application
submittals and the Statement of Commitments offered by Martin Marietta.
c. The DOCS has specifically noted that "there will be minimal vehicular or
pedestrian impact, as long as the haul roads use the mine to the south of the property for
ingress/egress. The installation of the pedestrian pass 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."
17. None of the findings offered by the Remonstrators address the criteria set forth
above that this Board must use to. decide this matter. Instead, the Remonstrators proposed
findings were addressed to legal matters involving the interpretation of the ordinance and matters
which are the subject of speculation and unsupported inferences.
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18. Although Remonstrators proposed that this Board find that the "Special Use is
obviously inappropriate as a result of the special and unique conditions determined as a result of
the review" by this Board, they offered no description of what those special and unique
conditions are and the Board is unaware of any.
Commitments:
19. Martin Marietta has tendered its Statement of Commitments to the Board for its
consideration if the Board finds that, based on the foregoing and the tendered Statement of
Commitments, the standards in Section 21.04 are met.
20. The commitments offered by Martin Marietta reasonably mitigate any adverse
impacts from the proposed special use and assure it will be operated in compliance with all local,
state, and federal laws.
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Conclusion
The Board finds that the criteria set forth in Section 21.04 for the issuance of the special
use permit requested by Martin Marietta in respect of surface (open pit) mining of limestone
upon Mueller Property South are met and, accordingly, directs the issuance of the permit, as
limited by the Statement of Commitments.
Leo Dierckman
James R. Hawkins
Earlene Plavchak
Madeleine Torres
Alan Potasnik
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EXHIBIT A
Leeal Description
Part of the North Half of Section 9, Township 17 North, Range 4 East of the
Second Principal Meridian in Clay Township, Hamilton County, Indiana,
described as follows:
Commencing at the Northwest comer of Section 9, 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 North line of said Section 9, a distance of 1,336.18 feet to the Northwest
comer of the East Half of the Northwest Quarter of said Section 9, said comer
being the PLACE OF BEGINNING of th~ within described real estate; thence
South 00 degrees 11 minutes 12 seconds West on the West line of said East Half
1,716.00 feet; thence South 89 degrees 55 minutes 56 seconds East parallel with
the North line of said Section 9, a distance of 1,336.01 feet to the West line of the
East Half of said Section 9; thence South 00 degrees 11 minutes 33 seconds West
on the West line of said East Half 156.75 feet; thence South 89 degrees 55
minutes 56 seconds East parallel with the North line of said Section 9, a distance
of919.68 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 eight courses being on the Westerly line of said real estate);
1.) thence North 08 degrees 36 minutes 31 seconds East 885.22 feet; 2.) thence
North 02 degrees 53 minutes 53 seconds East 201.00 feet; 3.) thence North 08
degrees 36 minutes 31 seconds East 660.61 feet; 4.) thence North 29 degrees 48
minutes 29 seconds West 55.59 feet; 5.) thence North 80 degrees 51 minutes 37
seconds West 303.34 feet; 6.) thence North 89 degrees 03 minutes 10 seconds
West 148.00 feet; 7.) thence North 60 degrees 14 minutes 56 seconds West 57.55
feet; 8.) thence North 00 degrees 04 minutes 04 seconds East 16.50 feet to the
North line of said Section 9, said point being 3,302.24 feet South 89 degrees 55
minutes 56 seconds East of the Southwest comer of said Section 9; thence North
89 degrees 55 minutes 56 seconds West on said North line 1966.06 feet to the
place of beginning, containing 96.921 acres, more or less.
"
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EXHIBIT B
Summary of Maior Submittals (maps and studies)
Area Map (Dated September 6, 2005)
Zoning map (Dated September 6, 2005)
Mine Plan Map (Dated November 30, 2005)
Reclamation Plan Map (Dated November 30, 2005)
Landscaping Plan Map (Dated November 30, 2005)
Cross Section Map (Dated November 30, 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 (Dated
November 2005)
Statement of Commitments (February 17, 2006)
INDY 1652123v.3
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CARMEL/CLAY BOARD OF ZONING APPEALS - CARMEL. INDIANA
PETITIONER - MARTIN MARIETTA MATERIALS. INC.
MUELLER PROPERTY SOUTH
URFACE OPEN PIT LIMESTONE SPECIAL USE APPLICATION
Docket No. 05090003 SU
BALLOT
The undersigned, having considered (i) the Application for Special Use Permit filed
herein by Martin Marietta Materials, Inc. ("Applicant"), (ii) the submittals, testimony and
evidence in support thereof, (iii) the submittals and testimony of remonstrators, (iv) as well as
statements of (a) the staff of the City of Carmel Department of Community Services ("DOCS")
and other city departments, (b) the Department Report issued by DOCS, (c) other interested
parties, as well as (d) counsel to Applicant and remonstrators, and otherwise being duly advised
in the premises, now finds and states as follows:
o 1. 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
attached hereto as Exhibit B;
o 2. 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 (i) the Statement of Commitments
attached hereto as Exhibit B and (ii)
; or
o 3. That Applicant has not established the criteria required for the issuance of a
special use permit under Chapter 21 of the Carmel/Clay Zoning Ordinance, the application
should be denied, and I hereby vote to deny the issuance ofthe requested special use permit.
Dated this _ day of
,2006.
Earlene Plavchak
INDY 1652101v.l
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CARMEL/CLAY BOARD OF ZONING APPEALS - CARMEL. INDIANA
PETITIONER - MARTIN MARIETTA MATERIALS. INC.
MmELLERPROPERTYSOUTH
SAND AND GRAVEL SPECIAL USE APPLICATION
Docket No. 05090003 SU
BALLOT
The undersigned, having considered (i) the Application for Special Use Permit filed
herein by Martin Marietta Materials, Inc. ("Applicant"), (ii) the submittals, testimony and
evidence in support thereof, (iii) the submittals and testimony of remonstrators, (iv) as well as
statements of (a) the staff of the City of Carmel Department of Community Services ("DOCS")
and other city departments, (b) the Department Report issued by DOCS, (c) other interested
parties, as well as (d) counsel to Applicant and remonstrators, and otherwise being duly advised
in the premises, now finds and states as follows:
o 1. 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
attached hereto as Exhibit B;
o 2. 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 (i) the Statement of Commitments
attached hereto as Exhibit B and (ii)
; or
o 3. That Applicant has not established the criteria required for the issuance of a
special use permit under Chapter 21 of the Carmel/Clay Zoning Ordinance, the application
should be denied, and I hereby vote to deny the issuance of the requested special use permit.
Dated this day of
, 2006.
Madeleine Torres
INDY 1652101v.l
o
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CARMEL/CLAY BOARD OF ZONING APPEALS - CARMEL. INDIANA
PETITIONER - MARTIN MARIETTA MATERIALS. INC.
MUELLER PROPERTY SOUTH
SAND AND GRAVEL SPECIAL USE APPLICATION
Docket No. 05090003 S U
BALLOT
The undersigned, having considered (i) the Application for Special Use Permit filed
herein by Martin Marietta Materials, Inc. ("Applicant"), (ii) the submittals, testimony and
evidence in support thereof, (iii) the submittals and testimony of remonstrators, (iv) as well as
statements of (a) the staff of the City of Carmel Department of Community Services ("DOCS")
and other city departments, (b) the Department Report issued by DOCS, (c) other interested
parties, as well as (d) counsel to Applicant and remonstrators, and otherwise being duly advised
in the premises, now finds and states as follows:
o 1. 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
attached hereto as Exhibit B;
o 2. 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 (i) the Statement of Commitments
attached hereto as Exhibit B and (ii)
; or
o 3. . That Applicant has not established the criteria required for the issuance of a
special use permit under Chapter 21 of the CarmeVClay Zoning Ordinance, the application
should be denied, and I hereby vote to deny the issuance of the requested special use permit.
Dated this _ day of
, 2006.
James Hawkins
INDY 1652101v.l
Q
o
CARMEL/CLAY BOARD OF ZONING APPEALS - CARMEL. INDIANA
PETITIONER - MARTIN MARIETTA MATERIALS. INC.
MUELLER PROPERTY SOUTH
SAND AND GRAVEL SPECIAL USE APPLICATION
Docket No. 05090003 SU
BALLOT
The undersigned, having considered (i) the Application for Special Use Permit filed
herein by Martin Marietta Materials, Inc. ("Applicant"), (ii) the submittals, testimony and
evidence in support thereof, (iii) the submittals and testimony of remonstrators, (iv) as well as
statements of (a) the staff of the City of Carmel Department of Community Services ("DOCS")
and other city departments, (b) the Department Report issued by DOCS, (c) other interested
parties, as well as (d) counsel to Applicant and remonstrators, and otherwise being duly advised
in the premises, now finds and states as follows:
o 1. 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
attached hereto as Exhibit B;
o 2. 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 (i) the Statement of Commitments
attached hereto as Exhibit B and (ii)
; or
o 3. That Applicant has not established the criteria required for the issuance of a
special use permit under Chapter 21 of the Carmel/Clay Zoning Ordinance, the application
should be denied, and I hereby vote to deny the issuance ofthe requested special use permit.
Dated this _ day of
,2006.
Alan Potasnik
INDY 1652101 v.1
o
Q
CARMEL/CLA Y BOARD OF ZONING APPEALS - CARMEL. INDIANA
PETITIONER - MARTIN MARIETTA MATERIALS. INC.
MUELLER PROPERTY SOUTH
SAND AND GRAVEL SPECIAL USE APPLICATION
Docket No. 05090003 SU
BALLOT
The undersigned, having considered (i) the Application for Special Use Permit filed
herein by Martin Marietta Materials, Inc. ("Applicant"), (ii) the submittals, testimony and
evidence in support thereof, (iii) the submittals and testimony of remonstrators, (iv) as well as
statements of (a) the staff of the City of Carmel Department of Community Services ("DOCS")
and other city departments, (b) the Department Report issued by DOCS, (c) other interested
parties, as well as (d) counsel to Applicant and remonstrators, and otherwise being duly advised
in the premises, now finds and states as follows:
o 1. 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
attached hereto as Exhibit B;
o 2. 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 (i) the Statement of Commitments
attached hereto as Exhibit B and (ii)
; or
o 3. That Applicant has not established the criteria required for the issuance of a
special use permit under Chapter 21 of the CarmeVClay Zoning Ordinance, the application
should be denied, and I hereby vote to deny the issuance of the requested special use permit.
Dated this _ day of
, 2006.
Leo Dierckman
INDY 1652101v.l