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Home My WebLink AboutApplication: Special Use I) ~ _ ~-4'C>-: I' " I ' A.PPLICATION FOR BOARD OF ZONING APPEALS ACTION SPECIAL USE APPROVAL REQUEST Fee $450.00 CITYr .OF CARMEL . CLAY TOWNSHIP HAMILTON COUNTY. INDIANA I I . , !-I I . 1___; tt . ~f~9 ~~~~~ 1.~~\ ,\~ ~OC~ DATE RECEIVED: \ -- ~ DOCKET NO. , -' \ \/, \,/' ", 1) Applicant: " , MARTIN MARIETTA MATERIALS, INC. 2) Project Name: " / I ...... , , 1980 E. 116thStreet, Suite 200, Carmel, Indian~l 46032/ I I " Address: Engineer/Architect: , " I Max ,i11iams Phone: Phone: 573-4460 4) i , Attomey: Thomas H+ E:qg1e Phone: 231-7499 II Applicant's Status: (Check the! appropriate response) I (a) The applicant's na'me is on the deed to the property I; , I ' (b) The applicant is th,e contract purchaser of the property I. i: X (c) Other: Lonq+term lessee of the property I,i If Item 3} (e) is checked, plea~e cO":1plete the following: Ownerofthepropertyinvolved: Helen Moffitt Mueller I Owner'saddress: 5345 E.; 106th Street, Indpls, IN 46280~hone: 3) ,,' 5) Record of Ownership: Deed Book No./Instrument No., 9557535 (See also 9754848 to City of Carmel) I " Page: Purchase Date: October 24, 1995 6) I ' Common address of the propertY involved: 10750 River Road, Indpls, IN 46280 I Ii ;' I' Legal description: See attached Exhibit A , 7) Tax Map Parcel No.: 17~14-09-00-00-019. 000 I State explanation of requestedliSpecial See attached Exhibit B I ' " I II 8) " State reasons supporting the :'Special Use: (Additionally, complete the attached question sheet entitled "Findings of Fact-Special Use''). I:: S~e attached Exhibit C *J. Michael Antrim, Chur~h Church Hittle & Antrim, 938 Conner Street, Noblesville, Indiana 460pO, '773-2190, attorney for the Helen M. Mueller Conservatorship ! Page 1 of 8 -- Special Use Application ______.______L I~ 12) Describe the proposed use oftHe property: surface and underground aqqreqate and " I~ mineral extraction Ii I' ;: ~ l' 10) 11) I: Present zoning ofthe property (give exact classification): S-l Residence District:: also : part1a.l.lY 1n ~.~. F loodway Fr1nge Present use ofthe property: ;: Far~land/mineral extraction Size of lot/parcel in question: 105.981 acres 13) 14) 15) 16) Is the property: Own~r occ~pied " , I' Renter occupied Other I' Are there any restrictions, laws, 'povenants, variances, special uses, or appeals filed in connection with this property that would relate or affect its us~ for the specific purpose of this application? If yes, give date and docket number, decision rendered and pertinent explanation. I' I' None known I: I, x " II Has work for which this applic~tion is being filed already started? If answer is yes, give details: No I Building Permit Num~er: I I' Builder: Ii II If proposed special use is grant~d, w~en will the work commence? " Immediately 17) If the proposed special use i~ granted, who will operate and/or use the proposed improvement for which this application has been filed? , ' , Martin Marietta i:Materials, Inc. NOTE: LEGAL NOTICE shall be published 'in the Noblesville Daily Ledaer a MANDATORY twenty-five (25) days prior to the public hearing date~ The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night ofthe hearing. !,: , ' I' , LEGAL NOTICE to all adjoinihg and abutting property owners is also MANDATORY, two methods of notice are recommended: Ii " I: 1) CERTIFIED MAIL - RETU~N Ri::CEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the POS,! Offic, e at least twenty-five (25) days prior to the public hearing date.) I " :: 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 I, completed) I ' I' REALIZE THE BURDEN OF PROOF F9R ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. I, I " I: , I: II !' " Page 2 of 8 - Special Use Application /' ~ I ... The applicant understands th~t docket numbers will not be assianed until all sUDDortina information has been submitted to the Department of Community Services. II Ii I' The applicant certifies by sighing this application that he/she has been advised that all representations of the Deparbnent of Community Development are advisory only and that the applicant should rely on appropriate subdivision and zoning ordinance and/or the legal advice of hislher attorney. !' Ii I, ' Auditor of Hamilton County, Indiana, certify that the attached affidavit is a true and complete Ii!?ting of the adjoining and adjacent property owners concerning Docket No. I: OWNER ADDRESS See attached certificate and list Auditor of Hamilton County, Indiana ,i ! !; II I !I Page 3 of 8 - Spectal Use Application i ). '" " CARMEL/CLAY BOARD OF ZONING APPEALS II i CARMEL, INDIANA Docket No.: Petitioner: Martin Matietta Materials, Inc. I' I' !: FINDINGS OF FACT - SPECIAL USE I' 1. The Special Use in Flood Plain, District, Ordinance Z-160, Section 21.6 as amended (does) (does not) apply and all prerequisites have been met by Petitioner as verified by: See attached Exhibit ie 2. The Special Use will be con$istent with the Character and Permitted Land Use of the zoning district and Carmel/Clay Comprehensive Rlan because: See attached Exhibit e 3. The Special Use is physically suitable for the land in question because: See attached Exhib~t C i 4. The Special Use will not injuriQusly or adversely affect the adjacent land or property values because: See attached Exhib~t e 5. The Special Use will not advers.ly affect vehicular or pedestrian traffic flow, nor the adequate availability of water, sewage, or storm drainage faclJities, ,or police or fire protection because: See attached Exhibit'e I~ 6. The Board has reviewed the r.quirements of Ordinance Z-160, Section 21.3 (1-25) as they relate to this Special Use, and does not find that thOse criteria prevent the granting of the Special Use: See attached Exhibit e i' I' II Ii DECISION IT IS THEREFORE the decision of i: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 ~,ereof! Adopted this I' II day of i I' I, I ,199_. CHAIRPERSON, Carmel/Clay Board (If Zoning Appeals I i SECRETARY, Carmel/Clay Board of Zoning Appeals II ii Conditions of the Board are listed on the back. (Petitioner or his representative to sign). s:\forms\spuse.app Revised 07/14/97 Page 8 of 8 - Special Use Application << .. <.' I' Ii AFFIDAVIT petitioner I, hereby swear that I am the eWfler.~eeRtra6t pl:lre~aser of property involved in this application and that the foregoing signatures, statements and answers h~rein ~ontained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf with regard to this application and subsequent he~rings 'and testimony. Sign~ "2-/'Iftcol (Date) x x ' . Thomas H. Engle, attorney for Petitioner (Please Print) STATE OF INDIANA SS: County of Marion Before me the undersigned, a Notary Public (County in which notarization takes place) Ii Hamil ton Ii County, State of Indiana, personally appeared for (Notary Public's county of residence) Thomas H. Engle (Property OWner, Attorney, or Power qf Attorney) and acknowledge the execution of the foregoing instrument this qV1l- day of Februa~y ,# 2001 ~~~%t (SEAL) (SEAL) \,:, M. Jean Dudley Notary Public-Please Print .~~~- ~: ~~ ~ '?'~-~"-'-:(~\ \ ...., ' ~ ..:.,............. .~:, ~ . ~ :~ ": My commission expires: 02/23/08 '-;;~ -' --. ' ll'- ... '/,'. / - ,. '> .....::' '. :.'-;-, /'~' " "~ <,"~';';:? :'-\ ~ ~ , Page 4 of 8 - Special Use Application . ~. HA'MILTON COUNTY AUDITOR I, ROBIN MILLS, AUDITOR OF HAMILTON COUNTY, INDIANA, CERTIFY MY OFFICE HAS SEARCHED OUR RECORDS AND BASED ON THAT SEARCH, IT APPEARS THAT THE PROPERTY OWNERS IN EXHIBIT A ATTACHED HERETO ARE THE PROPERTY OWNERS THAT ARE lWO PROPERTIES OR 660' FROM THE REAL ESTATE MARKED AS SUBJECT PROPERTY. nils DOCUMENT DOES NOT CERTIFY THAT THE ATTACHED LIST OF PROPERTY OWNERS IS ACCURATE OR INCLUDES ALL PROPERTY OWNERS ENTITLED TO NOTICE PURSUANT TO LOCAL ORDINANCE. ANY PERSON SEEKING A MORE ACCURATE SEARCH OF THE REAL ESTATE RECORDS OF THE COUNTY SHOULD SEEK THE OPINION OF A TITLE INSURANCE COMPANY. ROBIN MILLS, HAMILTON COUNTY AUDITOR DATED ~ 0;)..- tJi - 01 Thu",day, February DB, 2001 Page 1 of 1 · HAMILTON COUNTY NUTRITION LIT PREPAID BY DI HAMl.TDN CIIRY AlDTllIIfIIl_N. TAX MAPPING IIlB1l1l1M ARE IlILBT PftIIBIlB [ IlILBT MAIlED. YBUWJ .SIIJECT 17 14-04-00-00-019-000 E & H MUELLER DEVELOPMENT LLC 11173 HAZEL DELL PKY INDIANAPOLIS IN 46280 17 14-09-00-00-003-000 E & H MUELLER DEVELOPMENT LLC 11173 HAZEL DELL PKY INDIANAPOLIS IN 46280 17 14-09-00-00-003-000 E & H MUELLER DEVELOPMENT LLC 11173 HAZEL DELL PKY INDIANAPOLIS IN 46280 17 14-09-00-00-004-000 E & H MUELLER DEVELOPMENT LLC 11173 HAZEL DELL PKY INDIANAPOLIS IN 46280 ~ , _TON COUNTY NOTIICADON lIST ItEPARBI BY 111... CIIOY AIDTIlIIllE,IIVIIIIIf TAX MAPPING . PLEASE NOlIY III FOllOnG PERSONS 17 14-03-00-00-023-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 17 14-03-00-00-023-001 CITY OF CARMEL ONE CIVIC SQUARE CARMEL IN 46032 17 14-04-00-00-017-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 17 14-04-00-00-017-001 CITY OF CARMEL ONE CIVIC SQ CARMEL IN 46032 17 14-04-00-00-018-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 17 14-04-00-00-018-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 16 14-04-00-00-018-002 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 16 14-04-00-00-018-002 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 -----iii...--------~--------.--.----- 16 14-04-00-00-020-000 CITY OF CARMEL ONE CIVIC SQUARE CARMEL IN 46032 16 14-04-00-00-020-001 CITY OF CARMEL ONE CIVIC SQ CARMEL IN 46032 16 14-04-03-03-026-000 DONALD D JR & DIANE P DOUGLASS 4958 ST CHALRES PL CARMEL IN 46033 16 14-04-03-03-027-000 WILLIAM M & DENISE A MATTHEWS 4968 ST CHARLES PL CARMEL IN 46032 16 14-04-03-03-028-000 STEPHEN C & JOYCE A BALDWIN 4978 ST CHARLES PL CARMEL IN 46032 16 14-04-03-03-029-000 DONALD K & DOROTHY M CRAFT 4988 ST CHARLES PL CARMEL IN 46032 16 14-04-03-03-030-000 ARNOLD C & BARBARA L HANISH 5000 ST CHARLES PL CARMEL IN 46033 16 14-04-03-03-031-000 MARK D & JAN L WENDT 5018 ST CHARLES PL CARMEL IN 46032 16 14-04-03-03-032-000 TERENCE P & MARCIA ANN WEISS 5013 ST CHARLES PL CARMEL IN 46032 , I ________..:-_lr:-..__________________ _______ __________________________.___". 16 14-04-03-03-033-000 PATRICK A & KELLY J LANG 5003 ST CHARLES PL CARMEL IN 46033 16 14-04-03-03-034-000 PREM & USHA PRATAP 4993 ST CHARLES PL CARMEL IN 46032 16 14-04-03-03-035-000 FRANKENBERGER, CHARLES D & 4983 ST CHARLES PL CARMEL IN 46032 16 14-04-03-03-036-000 JEFFREY H & CYNTHIA P BILLIG 4973 ST CHARLES PL CARMEL IN 46033 16 14-04-03-03-037-000 RONALD L & MARCELLE K GRESS 4963 ST CHARLES PL CARMEL IN 46033 16 14-04-03-03-038-000 MATHEW G ZALEWSKI 4953 ST CHARLES PL CARMEL IN 46032 16 14-04-03-04-019-000 ELLABARGER,DANIEL R & THERESA 11095 HUNTINGTON CT CARMEL IN 46032 16 14-04-03-04-020-000 BERNARD J & MARILYN B LALLY 11087 HUNTINGTON CT CARMEL IN 46032 16 14-04-03-04-021-000 MICHAEL G & SHARON M DONNELLY 11079 HUNTINGTON CT CARMEL IN 46033 16 14-04-03-04-022-000 KURT V & DIANNA KULLMAN 11078 HUNTINGTON CT CARMEL IN 46032 16 14-04-03-04-023-000 ROMAN & CHERYL A PISOCKY J 11088 HUNTNGTON CT CARMEL IN 46032 16 14-04-03-04-024-000 GREGG & REBECCA L THARP 5123 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-025-000 SCHEIDLER,DAVID M & CAPI 5113 ST CHARLES PL CARMEL IN 46032 16 14-04-03-04-026-000 SELOVER,CRAIG W & MICHAEL C 5103 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-027-000 BARTLEY P & ANDREA C WALSH 5093 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-028-000 MICHAEL E & JANET S THYEN 5083 ST CHARLES PL CARMEL IN 46032 16 14-04-03-04-029-000 FRANCIS M & JULIE A KOZAK 5073 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-030-000 GIOVANNI D & WENDY J DELUCA 5063 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-031-000 THOMAS C & CAROL M YEDLlCK 5053 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-032-000 SCHUMANN,CHRISTOPHER K & 5043 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-033-000 STEVEN E & MARY JO WEDDING 5033 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-034-000 KENT M & DEBRA L BROACH 5023 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-035-000 STEVEN P & JUDY J STRAUB 5028 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-036-000 ALBERT S & JOAN F RUBENSTEIN 5038 ST CHARLES PL CARMEL IN 46032 16 14-04-03-04-037-000 LANGE, LINDA A TRUSTEE 5048 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-038-000 ROBERT W & GAYLE A CARLSON 5058 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-039-000 FREDERICK S & BARBARA R WALTON 5068 ST CHARLES PL CARMEL IN 46033 ______j,:_L._ 16 14-04-03-04-040-000 CAVANAUGH,JAMES M JR & KRISTEN 5078 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-041-000 DOUGLAS K HARRISON 5088 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-042-000 VINA Y K SHUKLA 5098 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-043-000 KIRAY,GREGORY C MD & SUSAN G 5108 ST CHARLES CARMEL IN 46032 16 14-04-03-04-044-000 NEW,MARK STEVEN & JENNIFER 5118 ST CHARLES PL CARMEL IN 46032 16 14-04-03-04-045-000 JACQUELINE R JONES 5129 HUNTINGTON DR CARMEL IN 46033 16 14-04-03-04-067-000 WILLIAM W & MARY ANN FULTZ 11110WOODBURY DR N CARMEL IN 46033 16 14-05-00-00-007-000 T M F L TD 4607116TH ST E CARMEL IN 46033 17 14-08-00-00-008-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 __~_~---L- 17 14-08-00-00-008-001 ROGER & LYNNE WILLIAMS 4607 106TH ST E CARMEL IN 46033 17 14-08-00-00-009-000 LYNNE & ROGER L WILLIAMS 4207 106TH ST E CARMEL IN 46033 17 14-09-00-00-001-000 AMERICAN AGGREGATES CORP 4770 DUKE DR STE 200 MASON OH 45040 17 14-09-00-00-001-000 AMERICAN AGGREGATES CORP 4770 DUKE DR STE 200 MASON OH 45040 17 14-09-00-00-002-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 17 14-09-00-00-005-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 17 14-09-00-00-005-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 15 14-09-00-00-006-000 WASHINGTON PARK CEMETERY ASSOC 10800 WASHINGTON ST E INDIANAPOLIS IN 46229 15 14-09-00-00-006-002 CENTRE PROPERTIES LLC STE 375 INDIANAPOLIS IN 46260 17 14-09-00-00-011-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 15 14-10-00-00-002-000 TOWN OF FISHERS,INDIANA ONE MUNCIPAL DR FISHERS IN 46038 8 ...\parcel\clayeast2_p.dgn 02/08/01 02:29:05 PM EXHIBIT A Legal Description Part of the South Half of Section 4, Township 17 North, Range 4 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana, described as follows: Beginning at the Southwest comer of Section 4, Township 17 North, Range 4 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana; thence South 89 degrees 55 minutes 56 seconds East (assumed bearing) on the South line of said Section 4, a distance of3302.24 feet to the Westerly line of real estate conveyed to the City of Carmel, Indiana, by a document titled "Certification of Clerk" recorded in the Office of the Recorder of Hamilton County, Indiana, as Instrument Number 9709754848; (the following seven courses being on the Westerly line of said real estate) 1.) thence North 00 degrees 04 minutes 04 seconds East 16.50 feet; 2.) thence North 60 degrees 23 minutes 05 seconds East 57.55 feet; 3.) thence North 89 degrees 50 minutes 43 seconds East 254.47 feet; 4.) thence South 81 degrees 22 minutes 39 seconds East 198.24 feet; 5.) thence North 25 degrees 45 minutes 13 seconds East 826.18 feet; 6.) thence North 21 degrees 15 minutes 23 seconds East 576.29 feet; 7.) thence North 07 degrees 37 minutes 09 seconds East 180.00 feet to a point on a line that is parallel with the South line of said Section 4, and extends Easterly from a point on the East line of the Southwest Quarter of said Section 4 that is 154.10 feet North of the Southeast comer ofthe North Half of said Southwest Quarter; thence North 89 degrees 55 minutes 56 seconds West on said line 1718.86 feet to the aforesaid point on the East line of said Southwest Quarter, being also the East line of KINGS WOOD SUBDIVISION, SECTION THREE, a subdivision in Hamilton County, Indiana the Secondary Plat of which, as amended December 22, 1988, is recorded in said Recorder's Office as Instrument Number 8900204 on pages 111 and 112 of Plat Book 16; thence South 00 degrees 07 minutes 43 seconds West on the East line of said Southwest Quarter 154.10 feet to the Southeast comer ofthe North Half of said Southwest Quarter; thence North 89 degrees 51 minutes 18 seconds West on the South line of the North Half of said Southwest Quarter 1521.03 feet to the Northeast comer of real estate conveyed to the City of Carmel, Indiana, per a Deed recorded in the Office ofthe Recorder of Hamilton County, Indiana on page 865 of Deed Record 329, said comer being 1146.65 feet East of the Northwest comer ofthe South Half of said Southwest Quarter; thence South 00 degrees 27 minutes 42 seconds West on the East line of said real estate 918.75 feet, per the aforesaid deed, (919.89 feet by measurement) to the Southeast comer of said real estate, said comer lying on a line that extends South 89 degrees 51 minutes 29 seconds East, measured parallel with the North line of South Half of said Southwest Quarter from a point on the West line of said Southwest Quarter that is 406.45 feet North of the Southwest comer of said Section 9; thence North 89 degrees 51 minutes 29 seconds West on said line and the Westerly prolongation thereof, a total distance of 1145.58 feet, per the aforesaid deed, (1144.55 feet, by measurement) to the aforesaid point on the West line of said Southwest Quarter, said point being also the Southwesterly comer of real estate conveyed to the City of Carmel, Indiana, by a Warranty Deed recorded in said Recorder's Office as Instrument Number 8726638; thence South 00 degrees 19 minutes 51 seconds West on the West line of the Southwest Quarter of said Section 9, a distance of 406.45 feetto the place of beginning, containing 105.981 acres, more orless. INDSOl THE 414475 EXHIBIT B Application for Special Use Martin Marietta Materials, Inc. requests a special use for surface and underground aggregate and mineral extraction for the portion of the "Mueller Property" described on the attached Exhibit A. (See also the accompanying application for a Variance from the Development Standards.) A. The Mueller Property is currently in an S-1 residential district. Section 5.2 of the Carmel/Clay Zoning Ordinance ("Ordinance") establishes that "Mineral extraction, borrow pit, top soil removal and their storage" is a permitted special use in this district; also an "Artificial lake or pond" is a permitted special use in this district. B. This portion ofthe Mueller Property is partially located in a Floodway Fringe (FF) District. Section 22.3.2 ofthe Ordinance establishes that uses permitted under special use requirement in the district which is overlapped by the FF District shall be permitted in the FF District. C. In connection with this application, Petitioner offers the following commitments to accompany the requested Special Use approval: Comittments: 1. General Operations Restrictions. All surface mining on the Mueller Property shall be subject to the following restrictions: (a) Surface mining shall be for sand and gravel operations only and surface operations conducted on this portion of the Mueller Property located north of 106th Street shall be conducted by dredging. All overburden removal on the Mueller Property shall be completed during daylight hours, during the months of November through March, and only on days other than Saturday or Sunday. Martin Marietta shall also cause any operations under its control to be undertaken and conducted in a manner so as to minimize noise, dust, light or smoke impact on surrounding properties. (b) So long as Martin Marietta controls the Mueller Property, Martin Marietta shall not permit any structures, such as asphalt plants, ready-mix concrete plants or mineral processing plants, other than dredging operations, to be constructed on the surface thereof and shall not permit any operations other than mineral extraction as provided herein. (c) No surface operations will be undertaken on the wooded portion of the Mueller Property located directly south of the existing park at the northwest comer of Gray Road and 106th Street. 2. Underground Mining Operations. All blasting operations shall be subject to the following restrictions: . . (a) Average Blast Readings. The average blast readings for any calendar year shall not exceed the average readings for calendar year 1999 which were 100dB and .10in/sec. Separate averages will be maintained by Martin Marietta for underground and surface blasting. A blasting report with averages shall be made available by a Martin Ma?etta representative in Jan~ary of each year for the pr~ing cal~ndar ye~~d shall be I~ avaIlable to answer any questIons presented. . ~ t.- ,~ 2pO~ ,q~ \) t/l..R1lZ,CZ- . to \...../'-=":.1 i-ve.,,-V~~ (b) Ground Vibrations/Air Blasts. All ground vibrations from blasting conducted M~' . by Martin Marietta shall be held at 0.4 in/sec or below and the maximum airblast from such ~:~;,,('!' blasting shall be no greater than 125 dB, all as measured at a monitoring station in the /U Kingswood Subdivision in Hamilton County, Indiana ("Subdivision"), established and continuously maintained by Martin Marietta while blasting operations are being conducted. (c) Most Favored Clause. If Martin Marietta adopts more stringent operating standards at any geologically comparable location in the United States thE those set forth ill sl:lbpa:Fagraphs (a) 8:fI:d (b), above, such more stringent standards shall become the effective standards under this Agreement. ~~ ~. 0Yt.-- .d/~ (d) Setback. No underground mining on the Mueller Property or that portion of the Martin Marietta Property north of 106th Street shall be conducted by Martin Marietta closer than 500 feet from any primary residential structure in the Subdivision as it now exists. n ~ ~cuJJD ~~'0f.rnJ (cep Hours of Blasting. All blasting on the Mueller Property will be conducted betweeii1he hours of 10:00 a.m. and 5 :00 p.m., Monday through Friday except as required to comply with applicable governmental requirements. 3. Reclamation. (a) Lake and Adjacent Land. Martin Marietta shall reclaim that portion of the Mueller Property located north of 106th Street, south of 116th Street and west of Hazel Dell Parkway as a lake with (i) slopes no steeper than 3 to 1, (ii) a waterline not less than 150 feet from the nearest property line in the Subdivision and (iii) domestic grass coverage of not less than eighty percent per square yard. Martin Marietta shall use its best effort~ to obtain the agreement of the owners of the Mueller Property to cause them to convey and as to that portion of such property which is owned by Martin Marietta, Martin Marietta shall convey to the adjacent owner good and marketable title to that portion of the Martin Marietta Property, if any, located adjacent to the owner's property and lying between owner's property and the lake to be created. The conveyance shall be made at the time all operations on such portion ofthe Mueller Property north of 106th Street, south of 116th Street and west of Hazel Dell Parkway, as applicable, are completed. The conveyance shall be free of any liens, easements, encumbrances or other restrictions created by Martin Marietta and shall be at a cost to Owner not to exceed $100.00. The property so conveyed shall become a part of -2- the Subdivision for all purposes, including all applicable covenants, but no fencing shall be placed on such property except in accordance with the covenants and restrictions applicable to the Subdivision. Martin Marietta shall use its best efforts to cause the owners of the Mueller Property to convey to the City of Carmel a right of way along the northern edge of l06th Street sufficient to allow a pedestrian walkway from Hazel Dell Parkway to the existing park located south of the Subdivision. (b) Guidelines. All reclamation shall comply generally with the reclamation guidelines adopted by the Indiana Mineral Aggregates Association. ,~~ , ~ ( c) Timing of Reclamation. With respect to the Mueller Property north of l06th ~~' gee) Street, Martin Marietta shall erect a black chain link fenc. e (with no barb wire or similar rJY ' barrier) fifty feet south ofthe boundary ofthe Subdivision as a buffer area which shall not be disturbed by the operations. Once the operations are completed, the fence shall be removed by Martin Marietta and the land reclaimed as provided herein. Within twelve months following completion of such reclamation, Martin Marietta shall complete the conveyance obligations set forth above. The adjacent owner shall have the right to use that portion, if any, of the fifty feet wide buffer area adjacent to owner's property during the period of operations. (d) Lake Access. If all or any part of such lake becomes available for general access to the public, Martin Marietta will use its best efforts to secure comparable access rights for the benefit of adj acent owners from owner's property to the lake. 4. Environmental. With respect to the operations, Martin Marietta shall be responsible for all environmental matters arising therefrom. INOSOI THE 414471 -3- I., . -. EXHIBIT C Findings of Fact - Special Use 1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended does apply and all prerequisites have been met by Petitioner as verified by: , && 02.' r(/ ("r::: i/J jfJP-' u No ortion of the sub'ect ro ert lies within the FW 0 FP Districts' the D artment of Natural Resources (DNR) does not exercise iurisdiction pursuant to the Flood Control Act in the FF District. 2. The Special Use will be consistent with the Character and Permitted Land Use ofthe zoning district and Carmel/Clay Comprehensive Plan because: ~w ) The Carmel/Clay Comprehensive Plan indicates that an Edge between a Residential I Community area and a Regional and Community Employment area passes directlv through the . subiect property. The General Polices regarding Residential Community areas provide that "transitions. in scale and density. should occur between residential communities and community/regional employment areas" and that "in areas where zoning changes are requested. such transition shall be encouraged and considered as part ofthe approval process." Mineral extraction and the resulting artificial lake is a low intensity use and will be an effective transition. In addition. the Land Use Plan indicates a High Intensity residential community designation directly to the southwest of the subiect property. along the same Edge. The proposed mineral extraction and artificial lake use will be a less obtrusive and lower intensity transitional use. A portion of the subiect property is already designated as a Low Intensity Regional and Community Employment area on the Land Use Plan. The General Policies regarding Regional and Community Employment areas provide for "industrial uses" which includes mineral extraction. The Low Intensity Regional and Community Employment area Policies provide "low intensity commercial developments should be buffered from residential communities through the existence of. . . open space." The artificial lake will result in an open space buffer between the existing residential community 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 adiacent property to the north and the adiacent property to the south: portions of the property are in a flood way fringe. making normal development of the property more difficult. 4. The Special Use will not injuriously or adversely affect the adjacent land or property values because: ~. ~ l .-. The artificial lake resulting from the reclamation of the property. as provided in the Commitments indicated in Exhibit B. will increase the property values ofthe adioining residential properties in that those properties will be increased in size and will have direct lakefront access: other properties in the vicinity will increase in value to the extent that the artificial lake is open to the public. 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: There will be no trucking of minerals or aggregate by means of the adiacent roads because the extraction operations will be accomplished by dredging and will be conveyed underground to a processing facility on adiacent property: the operation will not require domestic water or sewer facilities and storm drainage will be accommodated on site or via the existing regulated drains: there will be no impact on police and fire protection because there will be no additional roads. buildings. or residents on the property. 6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.3 (1-25) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use: (1) Topography: The topography of the property is such that portions lie in the floodway fringe: there will be no improvements constructed on the property which will be threatened by flood waters. , " ,x-', <," Je:... . ~~ _ 'cA'~~' ~ (2) Zoning on site: See above ~e~) """':6- ,Z~~ ') , -'" .-.' _ // _ ,u'l,J (3) Surrounding zoning and land use: See abov~~~2Y' 'u~vvJC~-< {o,J ~ '~,v ,t"L",~' 0., '.(,/ ~ . . V~ , . ol.f f"( c::; --r ' (4) Streets, curbs and gutters and SIdewalks: None -~ f',l". /OL-< (5) Access to public streets: Other than petitioner's ordinary emplovees. there will be no regular public or truck traffic or access to the property by means of public streets (6) Driveway and curb cut locations in relation to other sites: None (7) General vehicular and pedestrian traffic: None (8) Parking location and arrangement: None (9) Number of parking spaces needed for the particular special use: None (10) Internal site circulation: None -2- , I .' . ~.Io' to. · .' (11) Building height, bulk and setback: None (12) Front, side and rear yards: None (13) Site coverage by building(s), parking area(s) and other structures: None (14) Trash and material storage: None (15) Alleys, service areas and loading bays: None (16) Special and general easements for public or private use: None (17) Landscaping and tree masses: See attached Exhibit B. Commitments regarding Reclamation (18) Necessary screening and buffering: See attached Exhibit B. Commitments regarding Reclamation (19) Necessary fencing: See attached Exhibit B. Commitments regarding Reclamation (20) Necessary exterior lighting: See attached Exhibit B. Commitments regarding General Operations Restrictions (21) On-site and off-site, surface and subsurface storm and water drainage: Drainage will be accommodated by the artificial lake to be created (22) On-site and off-site utilities: None (23) Dedication of streets and right-of-way: None (24) Proposed signage: None (25) Protective restrictions and covenants: None INDS01 THE 414467 -3- c.u W vA I L.:.1\.:l I UN t: STONEWICK at WATERSTONE R-2 / I' 8-2 ... 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IIc'" to ~ 1IolI'_" 011-.0 eAl' ,... 10' ....,.,..,.. 0II1.Ut. '0 ... _ CIf' _ COltl_ 2'_'" ~ _ 011..... --..er ,. AI. tt_ 1_" _ _.,1-01'...... T_ ...".,. ..... ...._0 _ 'h4 c-IChOII ". .,.. --...0 LMO ....._ .uo to. "'" ..., ". _ ,,~ lID ...' . :: ;:~~~.~:"'~':= ==~=:. '='I~.~~"~=.J:lo: '* ~,~tU~ COOl 'Ia; OA,n _______u_._ ~-[-oeno" .iici-a.-:-~-lOiii---- .. _._._.._-~~~!-. -.--.--- ._.~. '-= _..~.._o-tw...............I1.............. ....t.nrl .,.. J/~ .4' / / ,=,,~'3~ ~ ____flt:--a "=r~-'1r ;~'-1I11 WEIHE ENGINEERS, INC. 1 ~fIflf. ""Ill. . ,.a~I' , ",. hdl",;'lI. :I,.h.... 111"0 "HIII"'UII ra! (O,'."..u tnI:..,.,ft ......,11,.; "'.' ,P.,,'I: ',11..,-\ :., tT~.. '~'.' It........; ....:./ ." T'!.. h"'I~-.l .. .' ., .--,rO', \' CARMEUCLAY BOARD OF ZONING APPEALS Carmel, Indiana o ~ A~(g~~ffPI~fDJ 21 2001- DocS Docket No. : 50-40-01 FINDINGS OF FACT - SPECIAL USE (Ballot Sheet) \- , "'-. / ...:".... "':, ~; -. Petitioner: Martin Marietta Materials, Inc. 1. 2. 3. 4. 5. 6. DATED THIS DAY OF ,19 . Board Member . ~ , ~ Page 7 of 6 - Special Use Application <:' j'" . - CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: Martin Marietta Materia1s, Inc. FINDINGS OF FACT - SPECIAL USE 1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended (does) (does not) apply and all prerequisites have been met by Petitioner as verified by: See attached Exhibit C - 2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and Carmel/Clay Comprehensive Plan because: See attached Exhibit C 3. The Special Use is physically suitable for the land in question because: See attached Exhibit C 4. The Special Use will not injuriously or adversely affect the adjacent land or property values because: See attached Exhibit C 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: See attached Exhibit C 6. - The Board has reviewed the requirements of Ordinance Z-160, Section 21.3 (1-25) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use: See attached Exhibit C .- 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 hereof. Adopted this day of ,199_. 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). s:\forms\spuse.app Revised 07/14/97 Page 8 of 8 - Special Use Application EXHIBIT C Findings of Fact - Special Use 1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended does apply and all prerequisites have been met by Petitioner as verified by: No portion of the subject property lies within the FW or FP Districts: the Department of Natural Resources (DNR) does not exercise jurisdiction pursuant to the Flood Control Act in the FF District. 2. The Special Use will be consistent with the Character and Permitted Land Use ofthe zoning district and CarmeVClay Comprehensive Plan because: The Carmel/Clay Comprehensive Plan indicates that an Edge between a Residential Community area and a Regional and Community Employment area passes directly through the subject property. The General Polices regarding Residential Community areas provide that "transitions. in scale and density. should occur between residential communities and community/regional employment areas" and that "in areas where zoning changes are requested. such transition shall be encouraged and considered as part ofthe approval process." Mineral extraction and the resulting artificial lake is a low intensity use and will be an effective transition. In addition. the Land Use Plan indicates a High Intensity residential community designation directly to the southwest of the subject property. along the same Edge. The proposed mineral extraction and artificial lake use will be a less obtrusive and lower intensity transitional use. A portion of the subject property is already designated as a Low Intensity Regional and Community Employment area on the Land Use Plan. The General Policies regarding Regional and Community Employment areas provide for "industrial uses" which includes mineral extraction. The Low Intensity Regional and Community Employment area Policies provide "low intensity commercial developments should be buffered from residential communities through the existence of. . . open space." The artificial lake will result in an open space buffer between the existing residential community 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 north and the adjacent property to the south: portions of the property are in a flood way fringe. making normal development ofthe property more difficult. 4. The Special Use will not injuriously or adversely affect the adjacent land or property values because: The artificial lake resulting from the reclamation of the property will increase the property values ofthe adjoining residential properties in that those properties will be increased in size and will have direct lakefront access: other properties in the vicinity will increase in value to the extent that the artificial lake may be open to the public. 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: There will be no additional trucking of minerals or aggregate by means ofthe adjacent roads because the extraction operations will be accomplished by dredging and will be conveyed underground to a processing facility on adjacent property: the operation will not require domestic water or sewer facilities and storm drainage will be accommodated on site or via the existing regulated drains: there will be no impact on police and fire protection because there will be no additional roads. buildings. or residents on the property. 6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.3 (1-25) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use: (1) Topography: The topography ofthe property is such that portions lie in the floodway fringe: there will be no improvements constructed on the property which will be threatened by flood waters. (2) Zoning on site: See above item 2 (3) Surrounding zoning and land use: See above item 2 (4) Streets, curbs and gutters and sidewalks: None (5) Access to public streets: Other than petitioner's ordinary employees. there will be no regular public or truck traffic or access to the property by means of public streets (6) Driveway and curb cut locations in relation to other sites: None (7) General vehicular and pedestrian traffic: None (8) Parking location and arrangement: None (9) Number of parking spaces needed for the particular special use: None (10) Internal site circulation: None -2- (11) Building height, bulk and setback: None (12) Front, side and rear yards: None (13) Site coverage by building(s), parking area(s) and other structures: None (14) Trash and material storage: None (15) Alleys, service areas and loading bays: None (16) Special and general easements for public or private use: None (17) Landscaping and tree masses: See proposed Commitments regarding Reclamation (18) Necessary screening and buffering: See proposed Commitments regarding Reclamation (19) Necessary fencing: See proposed Commitments regarding Reclamation (20) Necessary exterior lighting: See proposed Commitments regarding General Operations Restrictions (21) On-site and off-site, surface and subsurface storm and water drainage: Drainage will be accommodated by the artificial lake to be created (22) On-site and off-site utilities: None (23) Dedication of streets and right-of-way: None (24) Proposed signage: None (25) Protective restrictions and covenants: None INDS01 THE 414467 -3- EXHIBIT B Application for Special Use Martin Marietta Materials, Inc. requests a special use for surface and underground aggregate and mineral extraction for the portion of the "Mueller Property" described on the attached Exhibit A. (See also the accompanying application for a Variance from the Development Standards.) A. The Mueller Property is currently in an S-1 residential district. Section 5.2 of the Carmel/Clay Zoning Ordinance ("Ordinance") establishes that "Mineral extraction, borrow pit, top soil removal and their storage" is a permitted special use in this district; also an "Artificial lake or pond" is a permitted special use in this district. B. This portion of the Mueller Property is partially located in a Floodway Fringe (FF) District. Section 22.3.2 ofthe Ordinance establishes that uses permitted under special use requirement in the district which is overlapped by the FF District shall be permitted in the FF District. ii " u CITY OF CARMEL - CLAY TOWNSHIP HAMILTON COUNTY. INDIANO APPLICATION FOR BOARD OF ZONING APPEALS ACTION SPECIAL USE APPROVAL ., . Fee $450.00 DOCKET NO. DATE RECEIVED: 1) Applicant Martin Marietta Materials Inc. Address: 1980 E. 116th Street. Suite 200. Canuel. 2) Project Name: Phone: Engineer/Architect: Max IIi 11 iUlS Thomas H. Engle Phone: 573-4460 231-7499 Attorney: Phone: 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: Lang-tem 1 essee of the property 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Helen Moffitt Mueller Owner's address: 5345 fA l06th StJ"@~t_ Tnd;anapnh; T Tnd;ana ~?SUl'* Phone: ~. 5) Record of Ownership: Deed Book NoJlnstrument No. 9557535 (See also 9754848 to City of Canuel) Page: Purchase Date: October 24. 1995 6) Common address of the property involved: 5345 E. 106th Street. Indianaoolis. Indiana 46280 Legal description: See attached fxhibit A Tax Map Parcel No.: 1998 R 17-14-09-00-00-004.000/1998 R 17-14-09-00-00-019.0001 1995 R 17-14-09-00-00-00'.000 7) State explanation of requested Special See attached Exhibit B 8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet entitled "Findings of Fact-Special Usej. SPP a~~arhAd F~h;hi~ ~ '*J. Michael Antrim. Church Church Hittle & Antrim. 938 Conner Street. Noblesville. Indiana 46060. n3-2190. attorney for the Helen M. Mueller Conservatorship Page 1 of 6 - SP8Clal Use Application :- . 9) 10) . . 11) Present zoning of the property (give exact classifiCation): 5-1 Residence District; also Daniany in ~ ( '\. Flood Plai"'--"nd FF Floodway Fringe Present use of the pr-...,ny: fal'lllancl/llineral extraction U 202.902 acres Size of lot/parcel in question: 12) Describe the proposed use of the property: surface and undiPrgrn.1IIIf aggregate aAd .f Hera 1 extract; on ", 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. None known 15) Has work for which this application is being filed already started? If answer is yes, give details: No Building Permit Number: Builder: 16) If proposed special use is granted, when will the work commence? IlIIDediately 17) If the proposed special use is granted, who will operate and/or use the proposed improvement for which this application has been filed? Martin Marietta Materials, Inc. NOTE: LEGAL NOTICE shall be published in the Noblesville Dailv Ledaer a MANDATORY twenty-five (25) days prior to the public hearing date~ The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: 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 THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. Page 2 018 - Special Use Application o u EXHIBIT B ~ . Application for Special Use Martin Marietta Materials, Inc. requests a special use for surface and underground aggregate and mineral extraction for the "Mueller Property" described on the attached Exhibit A. (See also the accompanying application for a Variance from the Development Standards.) A. The Mueller Property is currently in an S-l residential district. Section 5.2 of the CarmeVClay Zoning Ordinance ("Ordinance") establishes that "Mineral extraction, borrow pit, top soil removal and their storage" is a permitted special use in this district; also an "Artificial lake or pond" is a permitted special use in this district. B. A majority of the Mueller Property is located in either Flood Way (FW), Flood Plain (FP), or Floodway Fringe (FF) districts. Section 22.3.1(4) of the Ordinance establishes that "Mineral extraction, borrow pits, top soil removal and their storage areas with a minimum buffer strip of 300 feet with any residential district" is a permitted special use in these districts. C. In connection with this application, Petitioner offers the following commitments to accompany the requested Special Use approval: Comittments: 1. General Operations Restrictions. All surface mining on the Mueller Property shall be subject to the following restrictions: (a) Surface mining shall be for sand and gravel operations only and surface operations conducted on the Mueller Property located north of 1 06th Street shall be conducted by dredging. All overburden removal on the Mueller Property shall be completed during daylight hours, during the months of November through March, and only on days other than Saturday or Sunday. Martin Marietta shall also cause any operations under its control to be undertaken and conducted in a manner so as to minimize noise, dust, light or smoke impact on surrounding properties. o (b) So long as Martin Marietta controls the Mueller Property, Martin Marietta shall not permit any structures, such as asphalt plants, ready-mix concrete plants or mineral processing plants, other than dredging operations, to be constructed on the surface thereof and shall not permit any operations other than mineral extraction as provided herein. (c) No surface operations will be undertaken on the wooded portion of the Mueller Property located directly south of the existing park at the northwest comer of Gray Road and 106th Street. o Q 2. Underground Mining Operations. All blasting operations shall be subject to the i following restrictions: (a) Average Blast Readings. The average blast readings for any calendar year shall not exceed the average readings for calendar year 1999 which were 100dB and . lOin/sec. Separate averages will be maintained by Martin Marietta for underground and surface blasting. A blasting report with averages shall be made available by a Martin Marietta representative in January of each year for the preceding calendar year and shall be available to answer any questions presented. (b) Ground Vibrations/Air Blasts. All ground vibrations from blasting conducted by Martin Marietta shall be held at 0.4 in/see or below and the maximum airblast from such blasting shall be no greater than 125 dB, all as measured at a monitoring station in the Kingswood Subdivision in Hamilton County, Indiana ("Subdivision"), established and continuously maintained by Martin Marietta while blasting operations are being conducted. (c) Most Favored Clause. If Martin Marietta adopts more stringent operating standards at any geologically comparable location in the United States than those set forth in subparagraphs (a) and (b), above, such more stringent standards shall become the effective standards under this Agreement. (d) Setback. No underground mining on the Mueller Property or that portion of the Martin Marietta Property north of 106th Street shall be conducted by Martin Marietta closer than 500 feet from any primary residential structure in the Subdivision as it now exists. ( e) Hours of Blasting. All blasting on the Mueller Property will be conducted between the hours of 10:00 a.m. and 5:00 p.m., Monday through Friday except as required to comply with applicable governmental requirements. 3. Reclamation. (a) Lake and Adjacent Land. Martin Marietta shall reclaim that portion of the Mueller Property located north of 106th Street, south of 116th Street and west of Hazel Dell Parkway as a lake with (i) slopes no steeper than 3 to 1, (ii) a waterline not less than 150 feet from the nearest property line in the Subdivision and (iii) domestic grass coverage of not less than eighty percent per square yard. Martin Marietta shall use its best efforts to obtain the agreement of the owners of the Mueller Property to cause them to convey and as to that portion of such property which is owned by Martin Marietta, Martin Marietta shall convey to the adjacent owner good and marketable title to that portion of the Martin Marietta Property, if any, located adjacent to the owner's property and lying between owner's property and the lake to be created. The conveyance shall be made at the time all operations on such portion of the Mueller Property north of 106th Street, south of 116th Street and west -2- " w u of Hazel Dell Parkway, as applicable, are completed. The conveyance shall be free of any liens, easements, encumbrances or other restrictions created by Martin Marietta and shall be at a cost to Owner not to exceed $100.00. The property so conveyed shall become a part of the Subdivision for all purposes, including all applicable covenants, but no fencing shall be placed on such property except in accordance with the covenants and restrictions applicable to the Subdivision. Martin Marietta shall use its best efforts to cause the owners of the Mueller Property to convey to the City of Carmel a right of way along the northern edge of 1 06th Street sufficient to allow a pedestrian walkway from Hazel Dell Parkway to the existing park located south of the Subdivision. (b) Guidelines. All reclamation shall comply generally with the reclamation guidelines adopted by the Indiana Mineral Aggregates Association. (c) Timing of Reclamation. With respect to the Mueller Property north of 106th Street, Martin Marietta shall erect a black chain link fence (with no barb wire or similar barrier) fifty feet south of the boundary of the Subdivision as a buffer area which shall not be disturbed by the operations. Once the operations are completed, the fence shall be removed by Martin Marietta and the land reclaimed as provided herein. Within twelve months following completion of such reclamation, Martin Marietta shall complete the conveyance obligations set forth above. The adjacent owner shall have the right to use that portion, if any, of the fifty feet wide buffer area adjacent to owner's property during the period of operations. (d) Lake Access. If all or any part of such lake becomes available for general access to the public, Martin Marietta will use its best efforts to secure comparable access rights for the benefit of adjacent owners from owner's property to the lake. 4. Environmental. With respect to the operations, Martin Marietta shall be responsible for all environmental matters arising therefrom. INDSOl THE 400222v2 -3- .' o u EXHIBIT C 'i Findin~s of Fact - Special Use 1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended does apply and all prerequisites have been met by Petitioner as verified by: Application #FW-20451 pending with the Department of Natural Resources (DNR) for a portion ofthe property: other applications are contemplated regarding the remainder ofthe property and Blue Woods Creek in particular: no mineral extraction activity affecting the flood way or flood plain will commence prior to final authorization from the DNR. 2. The Special Use will be consistent with the Character and Permitted Land Use ofthe zoning district and Carmel/Clay Comprehensive Plan because: The Carmel/Clay Comprehensive Plan indicates that an Edge between a Residential Community area and a Regional and Community Employment area passes directly through the subject property. The General Polices regarding Residential Community areas provide that "transitions. in scale and density. should occur between residential communities and community/regional employment areas" and that "in areas where zoning changes are requested. such transition shall be encouraged and considered as part of the approval process." Mineral extraction and the resulting artificial lake is a low intensity use and will be an effective transition. In addition. the Land Use Plan indicates a High Intensity residential community designation directly to the southwest of the subject property. along the same Edge. The proposed mineral extraction and artificial lake use will be a less obtrusive and lower intensity transitional use. A portion of the subject property is already designated as a Low Intensity Regional and Community Employment area on the Land Use Plan. The General Policies regarding Regional and Community Employment areas provide for "industrial uses" which includes mineral extraction. The Low Intensity Regional and Community Employment area Policies provide "low intensity commercial developments should be buffered from residential communities through the existence of. . . open space." The artificial lake will result in an open space buffer between the existing residential community and the Regional and Community Employment area to the south. The Land Use Plan indicates that a major portion ofthe subject property is located in a Flood Plain. Mineral extraction activities and an artificial lake are appropriate uses for Flood Plain areas. 3. The Special Use is physically suitable for the land in question because: There are currently existing mineral extraction operations on the adjacent property to the north and the adjacent property to the south: portions ofthe property are in a flood way. flood plain. 'and flood way fringe. making normal development of the property more difficult. w u .~ 4. The Special Use will not injuriously or adversely affect the adjacent land or property values because: The artificial lake resulting from the reclamation of the property. as provided in the Commitments indicated in Exhibit B. will increase the property values ofthe adioining residential properties in that those properties will be increased in size and will have direct lakefront access: other properties in the vicinity will increase in value to the extent that the artificial lake is open to the public. 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: There will be no trucking of minerals or aggregate by means ofthe adiacent roads because the extraction operations will be accomplished by dredging and will be conveved underground to a processing facility on adiacent property: the operation will not require domestic water or sewer facilities and storm drainage will be accommodated on site or via the existing regulated drains: there will be no impact on police and fire protection because there will be no additional roads. buildings. or residents on the property. 6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.3 (1-25) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use: (1) Topography: The topography ofthe property is such that portions lie in the floodway. flood plain. and floodway fringe: there will be no improvements constructed on the property which will be threatened by flood waters: no mineral extraction activity affecting the flood way or flood plain will commence prior to final authorization from the Indiana Department of Natural Resources (2) Zoning on site: See above item 2 (3) Surrounding zoning and land use: See above item 2 (4) Streets, curbs and gutters and sidewalks: None (5) Access to public streets: Other than petitioner's ordinary employees. there will be no regular public or truck traffic or access to the propertv bv means of public streets (6) Driveway and curb cut locations in relation to other sites: None (7) General vehicular and pedestrian traffic: None -2- Q w (8) Parking location and arrangement: None ~ (9) Number of parking spaces needed for the particular special use: None (10) Internal site circulation: None (11) Building height, bulk and setback: None (12) Front, side and rear yards: None (13) Site coverage by building(s), parking area(s) and other structures: None (14) Trash and material storage: None (15) Alleys, service areas and loading bays: None (16) Special and general easements for public or private use: None (17) Landscaping and tree masses: See attached Exhibit B. Commitments regarding Reclamation (18) Necessary screening and buffering: See attached Exhibit B. Commitments regarding Reclamation (19) Necessary fencing: See attached Exhibit B. Commitments regarding Reclamation (20) Necessary exterior lighting: See attached Exhibit B. Commitments regarding General Operations Restrictions (21) On-site and off-site, surface and subsurface storm and water drainage: Drainage will be accommodated by the existing regulated drain and the artificial lake to be created (22) On-site and off-site utilities: None (23) Dedication of streets and right-of-way: None (24) Proposed signage: None (25) Protective restrictions and covenants: None INDSO] THE 40]75] -3- ir r , 0 , / ~L.-.. / /' ~/' / I $-2 - CREEK WOODS '\ ... --. ~ z a: z u.O O~ v-ill ~ ~ -' :5~ $-1 10 I / li/ .... ,-t cr ... --. cr o >1 \( \\< ' \\~~ ~~:\ . < .. (VV2flS sv. D""; u o . q -. ...It ... "'" --...p, "...,..,. _. '" _ .. ~ . -.....- ........ .. e"'-', '--"'" _ ....... .' -.... .._ ... 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INDIANA" APPLICATION FOR BOARD OF ZONING APPEALS ACTION ~ .N )~I"- .. ~ ./ w f/ SPECIAL USE APPROVAL REQUEST Fee $450.00 I , r I. ~" t\~$\,r\ t''''' " I..\l ' "$~ \fJCVS \: - \ , DOCKET NO. DATE RECEIVED: ,/ '\./ ",~~~./ 1) Applicant: Martin Marietta Materials. Inc. Address: 1980 E. 116th Street. Suite 200. Carmel. Indiana 46032 2) Project Name: Engineer/Architect: - Phone: Max lIi1li_s Phone: 573-4460 Attorney: 3) Applicant's Status: (Check the appropriate response) Thomas H. Engle Phone: 231-7499 (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 1 essee of the property 4) ,If Item 3) (c) is checked, please complete the following: Owner of the property involved: Helen Moffitt Mueller Owner's address: 5345 Eo 106th Strel!t. Indianapnhi r Indiana 46?Rn* Phone: -,' 5) Record of Ownership: Deed Book NoJlnstrument No. 9557535 (See also 9754848 to City of Carmel) Page: Purchase Date: October 24. 1995 6) Common address of the property involved: 5345 E. 106th Street. Indianapolis. Indiana 46280 Legal description: See attached Exhibit A 7) Tax Map Parcel No.: 1998 R 17-14-09-00-00-004.000/1998 R 17-14-09-00-00-019.0001 1995 R 17-14-09-oo-00-0~'.000 State explanation of requested Special See attached Exhibit B 8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet entitled "Findings of Fact-Special Use"). ~p a~~a~hPd ryhihi~ ~ J *J. Michael Antrim. Church Church Hittle I Antrim. 938 Conner Street. Noblesville. Indiana 46060. 773-2190. attorney for the Helen M. Mueller Conservatorship Page 1 of 8 - Special Use Application ~ 9) . '" Rr~ent~ningofthe prorU'lrty (give exact classification): 5-1 Residpnce District; also oanian, in ~p ~ U . Flood Plain VFF Floodway Fringe Present use of the properlY: farmland/mineral extraction 10) 11) Size of lot/parcel in question: 202.902 acres 12) Describe the proposed use ofthe property: surface and undiPrgrnlmd aggntglte lAd _tReNl extraction 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. None known 15) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: No Builder: 16) If proposed special use is granted, when will the work commence? IlIIIIedi ate 1y 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 ofthe hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: 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 THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. Page 2 of 8 - Special Use Application '., "Fhe ap~icant understar"''' that docket numbers will not be assiane~"'1til all suooortina information has been submitted to the Deoartment of L ...4 ~munitv Services. V. 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 subdMsion 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 See attached certificate and list ADDRESS Auditor of Hamilton County, Indiana Page 3 of 8 - Special Use Application ,; ~ ~ - w u ,~ . ~' CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: Martin Marietta Materials. Inc. FINDINGS OF FACT - SPECIAL USE 1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended (does) (does not) apply and all prerequisites have been met by Petitioner as verified by: See attached Exhibit C 2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and Carmel/Clay Comprehensive Plan because: See attached Fxhibit C 3. The Special Use is physically suitable for the land in question because: See attached Exhibit C 4. The Special Use will not injuriously or adversely affect the adjacent land or property values because: See attached Exhibit C 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: See attached Exhibit C 6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.3 (1-25) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use: See attach~d Fxhbit C 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 hereof. Adopted this day of ,199 . 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). s:\forms\spuse.app Revised 07/14/97 Page 8 of 8 - Special Use Application u u AFFIDAVIT Petitioner I, hereby swear that I am the J;W.'R8r}esRva9t JjlolfsRBee, of property involved in this application and that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. I, the undersigned, authorize the applicant to act on my behalf with regard to this application and subsequent hearings and testimony. S. ~~-~ "/~-=- IQne~~' ..(Preper1y 0\\ eflu:y (Date) sr Prel3sftl,. OWAer'e re.....sr af Attan'ley} Thomas H. Engle. attorney for Petitioner (Please Print) STATE OF INDIANA SS: County of YY\ f>r. R \ 0 0 (County in which notarization takes place) Before me the undersigned, a Notary Public for rt A-m) l- TO ~ (Notary Public's county of residence) County, State of Indiana, personally appeared -rH omft::) rt - E~6-LE (Property Owner, Attorney, or Power of Attorney) and acknowledge the execution of the foregoing instrument this c9 0 'tl day of NO'\! 'E. n'1 B E R... .. 2.000 , , ---- - -~ - \.,.." .~ , ./ ~ot~~~ m. .::rEA,A..) 'D u D '-'12 Y Notary Public-Please Print My commission expires: 0 C). - ;). 3 - 0 <? (SEAL) (SEAL) _-._'--' ,'---- -- -- -- ----- :. -~, '- ---- : . .....- . ,~ --- ",,-,--:~ "'- "- .)." r_' Page 4 of 8 - Special Use Applicallon .' r HAM;'- TON' COUNTY AUDlf'R . .' ~ w I, JON OGLE, AUDITOR OF HAMILTON COUNTY, INDIANA, CERTIFY MY OFFICE HAS SEARCHED OUR RECORDS AND BASED ON THAT SEARCH, IT APPEARS THAT THE PROPERTY OWNERS IN EXHIBIT A ATTACHED HERETO ARE ALL OF THE ADJOINING AND ABUTTING PROPERTY OWNERS TO THE REAL ESTATE MARKED AS SUBJECT PROPERTY. THIS DOCUMENT DOES NOT CERTIFY THAT THE ATTACHED LIST OF PROPERTY OWNERS IS ACCURATE OR INCLUDES ALL PROPERTY OWNERS ENTITLED TO NOTICE PURSUANT TO LOCAL ORDINANCE. ANY PERSON SEEKING A MORE ACCURATE SEARCH OF THE REAL ESTATE RECORDS OF THE COUNTY SHOULD SEEK THE OPINION OF A TITLE INSURANCE COMPANY. JON M. OGLE, HAMILTON COUNTY AUDITOR DATED III ~/OO IY/df V~ f Wednesday, November OS, 2000 Page 1 of1 r' .., ~10N COUNTY NOTIRCADOOST PREPARED BY DlIlAMUII COUNTY AIDTORS DFRClIVIIDN OF TAX MAPPING USlBIIILDW ARE SUBJECT PROPERm [SUBJECT MARKED IN YBlOWl o SUBJRT 17 14-04-00-00-019-000 E & H MUELLER DEVELOPMENT LLC 11173 HAZEL DELL PKY INDIANAPOLIS IN 46280 17 14-09-00-00-003-000 E & H MUELLER DEVELOPMENT LLC 11173 HAZEL DELL PKY INDIANAPOLIS IN 46280 17 14-09-00-00-004-000 E & H MUELLER DEVELOPMENT LLC 11173 HAZEL DELL PKY INDIANAPOLIS IN 46280 ~ILTON COUNTY t40DnCADOOT .- PREPARm BY .u.m CIINTY AIDJDRS IIFfIII.IVIIDN OF TAX MAPPING o PLEASE NODFY THE FOu.oWING PERSONS 17 14-03-00-00-023-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 17 14-03-00-00-023-001 CITY OF CARMEL ONE CIVIC SQUARE CARMEL IN 46032 17 14-03-00-00-024-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 17 14-04-00-00-017-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 17 14-04-00-00-017-001 CITY OF CARMEL ONE CIVIC SQ CARMEL IN 46032 17 14-04-00-00-018-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 17 14-04-00-00-018-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 16 14-04-00-00-018-002 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 16 1~-G4-00-00-018-c)02 U U . AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 16 14-04-00-00-020-000 CITY OF CARMEL ONE CIVIC SQUARE CARMEL IN 46032 16 14-04-00-00-020-001 CITY OF CARMEL ONE CIVIC SQ CARMEL IN 46032 16 14-04-03-03-032-000 TERENCE P & MARCIA ANN WEISS 5013 ST CHARLES PL CARMEL IN 46032 16 14-04-03-04-020-000 BERNARD J & MARILYN B LALLY 11087 HUNTINGTON CT CARMEL IN 46032 16 14-04-03-04-021-000 MICHAEL G & SHARON M DONNELLY 11079 HUNTINGTON CT CARMEL IN 46033 16 14-04-03-04-022-000 KURT V & DIANNA KULLMAN 11078 HUNTINGTON CT CARMEL IN 46032 16 14-04-03-04-024-000 GREGG & REBECCA L THARP 5123 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-025-000 SCHEIDLER,DAVID M & CAPI 5113 ST CHARLES PL CARMEL IN 46032 16 14-04-03-04-026-doo W U . . . SELOVER,CRAIG W & MICHAEL C 5103 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-027-000 BARTLEY P & ANDREA C WALSH 5093 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-028-000 MICHAEL E & JANET S THYEN 5083 ST CHARLES PL CARMEL IN 46032 16 14-04-03-04-029-000 FRANCIS M & JULIE A KOZAK 5073 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-030-000 GIOVANNI D & WENDY J DELUCA 5063 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-031-000 THOMAS C & CAROL M YEDLlCK 5053 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-032-000 SCHUMANN,CHRISTOPHER K & 5043 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-033-000 STEVEN E & MARY JO WEDDING 5033 ST CHARLES PL CARMEL IN 46033 16 14-04-03-04-034-000 KENT M & DEBRA L BROACH 5023 ST CHARLES PL CARMEL IN 46033 16 1 !I-05-00..o0-007 -boo W U . 'TMFLTD 4607 116TH ST E CARMEL IN 46033 17 14-08-00-00-008-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 17 14-09-00-00-001-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 17 14-09-00-00-001-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 17 14-09-00-00-002-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 17 14-09-00-00-005-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 17 14-09-00-00-005-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 15 14-09-00-00-006-002 CENTRE PROPERTIES LLC 9333 MERIDIAN ST N STE 375 INDIANAPOLIS IN 46260 15 14-10-00-00-002-000 CENTRE PROPERTIES LLC 9333 MERIDIAN ST N STE 375 INDIANAPOLIS IN 46260 Jlllr-JIJIT p~..-y ~ ~~ --:::: I. J ~ 1 r ~:::;::::;:::::,:p;., OL;! _ J v lW..... 1:::J1 r. ;f.jIrll.I,I. I -U ff: E Q - 11'111'1' ~ --!-1 ~-!- . I . ' '1"""" I Iot.1;J; "~ l-f ~ ;[H ~ Lr . j I I ........ IT ~j~~ 8 1- ~ L- ~=-r:-JII 'i\" li'J.. 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Exhibit A Legal Description PARCEL A: Part of the North Half of Section 9, and part of the South Half of Section 4, all in Township 17 North, Range 4 East, ofthe Second Principal Meridian in Clay Township, Hamilton County, Indiana, described as follows: Beginning 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 of1336.18 feet to the Northwest comer ofthe East half ofthe Northwest quarter of said Section 9; thence South 00 degrees 11 minutes 12 seconds Weston the West line of said East half1716.00 feet; thence South 89 degrees 55 minutes 56 seconds East parallel with the North line of said Section 9, a distance of 1336.01 feet to the West line ofthe 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 of 919.68 feet to the Westerly line of real estate conveyed to the City of Carmel, Indiana, by a document titled "Certificate of Clerk" recorded in the Office of the Recorder of Hamilton County, Indiana, as Instrument Number 9709754848; (the following fifteen 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 51 minutes 37 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, being also the South line of Section 4, Township 17 North, Range 4 East, said point being 3302.24 feet South 89 degrees 55 minutes 56 seconds East of the Southwest comer of said Section 4; 9.) thence continuing North 00 degrees 04 minutes 04 seconds East 16.50 feet; 10.) thence North 60 degrees 23 minutes 05 seconds East 57.55 feet; 11.) thence North 89 degrees 50 minutes 43 seconds East 254.47 feet; 12.) thence South 81 degrees 22 minutes 39 seconds East 198.24 feet; 13.) thence North 25 degrees 45 minutes 13 seconds East 826.18 feet; 14.) thence North 21 degrees 15 minutes 23 seconds East 576.29 feet; 15.) thence North 01 degrees 37 minutes 09 seconds East 180.00 feet to a point on a line that is parallel with the South line of said Section 4, and extends Easterly'from a point on the East line of the Southwest Quarter of said Section 4 that is 154.10 feet North of the Southeast comer ofthe North Half of said Southwest Quarter; thence North 89 degrees 55 minutes 56 seconds West on said line 1718.86 feet to the aforesaid point on the East line of said Southwest Quarter, being also the East line of KINGSWOOD SUBDIVISION, SECTION THREE, a subdivision in Hamilton County, Indiana the Secondary Plat of which, as amended December 22, 1988, is recorded in said Recorder's Office as Instrument Number 8900204 on pages 111 and 112 of Plat Book 15; thence South 00 degrees 07 minutes 43 seconds West on the East line of said , Southwest Quarter 154.10 feet to the Southeast comer ofthe North Half of said Southwest Quarter; thence North 89 degrees 51 minutes 18 seconds West on the South line of the North Half of said Southwest Quarter 1521.03 feet to the Northeast comer of real estate conveyed to the City of Carmel, Indiana, per a Deed recorded in the Office ofthe Recorder of Hamilton County, Indiana on page 865 of Deed Record 329, said comer being 1146.65 feet East of the Northwest comer ofthe .- .. j ..,"(>--r . II,> . r-4' . >/ . ."! .- u Q South Half of said Southwest Quarter; thence South 00 degrees 27 minutes 42 seconds West on the East line of said real estate 918.75 feet, per the aforesaid deed, (919.89 feet by measurement) to the Southeast comer of said real estate, said comer lying on a line that extends South 89 degrees 51 minutes 29 seconds East, measured parallel with the North line of South Half of said Southwest Quarter from a point on the West line of said Southwest Quarter that is 406.45 feet North of the Southwest comer of said Section 9; thence North 89 degrees 51 minutes 29 seconds West on said line and the Westerly prolongation thereof, a total distance of 1145.58 feet, per the aforesaid deed, (1144.55 feet, by measurement) to the aforesaid point on the West line of said Southwest Quarter, said point being also the Southwesterly comer of real estate conveyed to the City of Carmel, Indiana, by a Warranty Deed recorded in said Recorder's Office as Instrument Number 8726638; thence South 00 degrees 19 minutes 51 seconds West on the West line of the Southwest Quarter of said Section 9, a distance of 406.45 feet to the place of beginning, containing 202.902 acres, more or less. (105.981 in Section 9, and 96.921 in Section 4). Subject to all legal easements and rights-of-way. PARCEL B: Part ofthe Northeast Quarter of Section 9, Township 17 North, Range 4 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana, described as follows: Beginning at the Northeast comer ofthe Northeast Quarter of Section 9, Township 17 North, Range 4 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana; thence North 89 degrees 55 minutes 56 seconds West (assumed bearing) on the North line of said Section 9, a distance of 1189.27 feet to the Easterly 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 five courses being on the Easterly line of said real estate) 1.) thence South 11 degrees 50 minutes 53 seconds West 131.07 feet; 2.) thence South 86 degrees 32 minutes 20 seconds West 102.72 feet; 3.) thence South 01 degrees 00 minutes 13 seconds West 348.84 feet; 4.) thence South 12 degrees 02 minutes 32 seconds West 250.45 feet; 5.) thence South 08 degrees 36 minutes 31 seconds West 1159.69 feet to a point on a line that is parallel with the North line of said Section 9, at a point that is 1872.75 feet South 00 degrees 11 minutes 33 seconds West measured parallel with the West line of said Northeast Quarter; thence South 89 degrees 55 minutes 56 seconds East parallel with the North line of said Section 9, a distance of 284 feet, more or less to the Westerly edge of water of White River; thence Northeasterly with the meandering of said edge of water to the East line of said Section 9; thence Northerly on said East line 107 feet, more or less, to the place of beginning, containing 29.628 acres, more or less. Subject to all legal easements and rights-of-way. INDSOl THE 400205vl -2- '.' w u EXHIBIT B ~ ~ ~~~.. ~ ?<~~ O~~ r.-- i I' -- !~ Application for Special Use I ' Martin Marietta Materials, Inc. requests a special use for surface and underground aggreWltJ--'- and mineral extraction for the "Mueller Property" described on the attached Exhibit A. (See also the accompanying application for a Variance from the Development Standards.) /".', '''~// . '. "'/ " A. The Mueller Property is currently in an S-l residential district. Section 5.2 of the Carmel/Clay Zoning Ordinance ("Ordinance") establishes that "Mineral extraction, borrow pit, top soil removal and their storage" is a permitted special use in this district; also an "Artificial lake or pond" is a permitted special use in this district. B. A majority ofthe Mueller Property is located in either Flood Way (FW), Flood Plain (FP), or Floodway Fringe (FF) districts. Section 22.3.1(4) of the Ordinance establishes that "Mineral extraction, borrow pits, top soil removal and their storage areas with a minimum buffer strip of300 feet with any residential district" is a permitted special use in these districts. C. In connection with this application, Petitioner offers the following commitments to accompany the requested Special Use approval: Comittments: 1. General Operations Restrictions. All surface mining on the Mueller Property shall be subject to the following restrictions: (a) Surface mining shall be for sand and gravel operations only and surface operations conducted on the Mueller Property located north of 1 06th Street shall be conducted by dredging. All overburden removal on the Mueller Property shall be completed during daylight hours, during the months of November through March, and only on days other than Saturday or Sunday. Martin Marietta shall also cause any operations under its control to be undertaken and conducted in a manner so as to minimize noise, dust, light or smoke impact on surrounding properties. (b) So long as Martin Marietta controls the Mueller Property, Martin Marietta shall not permit any structures, such as asphalt plants, ready-mix concrete plants or mineral processing plants, other than dredging operations, to be constructed on the surface thereof and shall not permit any operations other than mineral extraction as provided herein. (c) No surface operations will be undertaken on the wooded portion of the Mueller Property located directly south of the existing park at the northwest comer of Gray Road and 106th Street. -- u o 2. Underground Mining Operations. All blasting operations shall be subject to the following restrictions: (a) Average Blast Readings. The average blast readings for any calendar year shall not exceed the average readings for calendar year 1999 which were 100dB and . lOin/sec. Separate averages will be maintained by Martin Marietta for underground and surface blasting. A blasting report with averages shall be made available by a Martin Marietta representative in January of each year for the preceding calendar year and shall be available to answer any questions presented. (b) Ground Vibrations/Air Blasts. All ground vibrations from blasting conducted by Martin Marietta shall be held at 0.4 in/see or below and the maximum airblast from such blasting shall be no greater than 125 dB, all as measured at a monitoring station in the Kingswood Subdivision in Hamilton County, Indiana ("Subdivision"), established and continuously maintained by Martin Marietta while blasting operations are being conducted. (c) Most Favored Clause. If Martin Marietta adopts more stringent operating standards at any geologically comparable location in the United States than those set forth in subparagraphs ( a) and (b), above, such more stringent standards shall become the effective standards under this Agreement. (d) Setback. No underground mining on the Mueller Property or that portion of the Martin Marietta Property north of 106th Street shall be conducted by Martin Marietta closer than 500 feet from any primary residential structure in the Subdivision as it now exists. ( e) Hours of Blasting. All blasting on the Mueller Property will be conducted between the hours of 10:00 a.m. and 5:00 p.m., Monday through Friday except as required to comply with applicable governmental requirements. 3. Reclamation. (a) Lake and Adiacent Land. Martin Marietta shall reclaim that portion ofthe Mueller Property located north of 106th Street, south of 116th Street and west of Hazel Dell Parkway as a lake with (i) slopes no steeper than 3 to 1, (ii) a waterline not less than 150 feet from the nearest property line in the Subdivision and (iii) domestic grass coverage of not less than eighty percent per square yard. Martin Marietta shall use its best efforts to obtain the agreement of the owners of the Mueller Property to cause them to convey and as to that portion of such property which is owned by Martin Marietta, Martin Marietta shall convey to the adjacent owner good and marketable title to that portion of the Martin Marietta Property, if any, located adjacent to the owner's property and lying between owner's property and the lake to be created. The conveyance shall be made at the time all operations on such portion ofthe Mueller Property north of 106th Street, south of 116th Street and west -2- ". .. u rr Q of Hazel Dell Parkway, as applicable, are completed. The conveyance shall be free of any liens, easements, encumbrances or other restrictions created by Martin Marietta and shall be at a cost to Owner not to exceed $100.00. The property so conveyed shall become a part of the Subdivision for all purposes, including all applicable covenants, but no fencing shall be placed on such property except in accordance with the covenants and restrictions applicable to the Subdivision. Martin Marietta shall use its best efforts to cause the owners of the Mueller Property to convey to the City of Carmel a right of way along the northern edge of 106th Street sufficient to allow a pedestrian walkway from Hazel Dell Parkway to the existing park located south ofthe Subdivision. (b) Guidelines. All reclamation shall comply generally with the reclamation guidelines adopted by the Indiana Mineral Aggregates Association. (c) Timing of Reclamation. With respect to the Mueller Property north of 106th Street, Martin Marietta shall erect a black chain link fence (with no barb wire or similar barrier) fifty feet south ofthe boundary of the Subdivision as a buffer area which shall not be disturbed by the operations. Once the operations are completed, the fence shall be removed by Martin Marietta and the land reclaimed as provided herein. Within twelve months following completion of such reclamation, Martin Marietta shall complete the conveyance obligations set forth above. The adjacent owner shall have the right to use that portion, if any, of the fifty feet wide buffer area adjacent to owner's property during the period of operations. (d) Lake Access. If all or any part of such lake becomes available for general access to the public, Martin Marietta will use its best efforts to secure comparable access rights for the benefit of adjacent owners from owner's property to the lake. 4. Environmental. With respect to the operations, Martin Marietta shall be responsible for all environmental matters arising therefrom. INDSO 1 THE 400222v2 -3- - .v w Q 1 "'5~'<:>~, ,~~~~ '\:)bC-- 'I d..~~~ I EXHIBIT B c;= 'X~, ~\.A ~ Application for Special Use Martin M . etta Materials, Inc. requests a special use for surface and underground aggregate and mineral extract! n for the "Mueller Property" described on the attached Exhibit A. (See also the accompanying applic tion for a Variance from the Development Standards.) A. The Mueller Pr erty is currently in an S-1 residential district. Section 5.2 of the Carmel/Clay Zoning Ordi ce ("Ordinance") establishes that "Mineral extraction, borrow pit, top soil removal and their stora "is a permitted special use in this district; also an "Artificial lake or pond" is a permitted special u e in this district. B. A majority ofthe Muelle roperty is located in either Flood Way (FW), Flood Plain (FP), or Floodway Fringe (FF) districts. Section 22.3.1(4) of the Ordinance establishes that "Mineral extraction, borrow pits, top soil rem al and their storage areas with a minimum buffer strip of300 feet with any residential district" is a rmitted special use in these districts. C. In connection with this applica 'on, Petitioner offers the following commitments to accompany the requested Special Use appr val: Comittments: 1. General Operations Restrictions. 11 surface mining on the Mueller Property shall be subject to the following restrictions: (a) Surface mining shall be for san and gravel operations only and shall be conducted by dredging. All overburden removal the Mueller Property shall be completed during daylight hours, during the months of Nove ber through March, and only on days other than Saturday or Sunday. Martin Marietta sh 1 also cause any operations under its control to be undertaken and conducted in a manner s as to minimize noise, dust, light or smoke impact on surrounding properties. (b) So long as Martin Marietta controls the Mu ller Property, Martin Marietta shall not permit any structures, such as asphalt plants, ready- ix concrete plants or mineral processing plants, other than dredging operations, to be const cted on the surface thereof and shall not permit any operations other than mineral extractio as provided herein. (c) No surface operations will be undertaken on the ooded portion of the Mueller Property located directly south ofthe existing park at the no Road and 106th Street. subject to the 2. Underground Mining Operations. All blasting operations shall following restrictions: ;:-- In . .-, I'~. ... w Q ,;. , (a) Average Blast Readings. The average blast readings for any calendar year shall not exceed the average readings for calendar year 1999 which were 100dB and . lOin/sec. Separate averages will be maintained by Martin Marietta for underground and surface blasting. A blasting report with averages shall be made available by a Martin Marietta representative in January of each year for the preceding calendar year and shall be available to answer any questions presented. (b) Ground Vibrations/Air Blasts. All ground vibrations from blasting conducted by Martin Marietta shall be held at 0.4 in/sec or below and the maximum airblast from such blasting shall be no greater than 125 dB, all as measured at a monitoring station in the Kingswood Subdivision in Hamilton County, Indiana ("Subdivision"), established and continuously maintained by Martin Marietta while blasting operations are being conducted. (c) Most Favored Clause. If Martin Marietta adopts more stringent operating standards at any geologically comparable location in the United States than those set forth in subparagraphs ( a) and (b), above, such more stringent standards shall become the effective standards under this Agreement. (d) Setback. No underground mining on the Mueller Property or that portion of the Martin Marietta Property north of 106th Street shall be conducted by Martin Marietta closer than 500 feet from any primary residential structure in the Subdivision as it now exists. ( e) Hours of Blasting. All blasting on the Mueller Property will be conducted between the hours of 10:00 a.m. and 5:00 p.m., Monday through Friday except as required to comply with applicable governmental requirements. 3. Reclamation. (a) Lake and Adiacent Land. Martin Marietta shall reclaim that portion of the Mueller Property located north of 106th Street, south of 116th Street and west of Hazel Dell Parkway as a lake with (i) slopes no steeper than 3 to 1, (ii) a waterline not less than 150 feet from the nearest property line in the Subdivision and (iii) domestic grass coverage of not less than eighty percent per square yard. Martin Marietta shall use its best efforts to obtain the agreement of the owners of the Mueller Property to cause them to convey and as to that portion of such property which is owned by Martin Marietta, Martin Marietta shall convey to the adjacent owner good and marketable title to that portion of the Martin Marietta Property, if any, located adjacent to the owner's property and lying between owner's property and the lake to be created. The conveyance shall be made at the time all operations on such portion of the Mueller Property north of 106th Street, south of 116th Street and west of Hazel Dell Parkway, as applicable, are completed. The conveyance shall be free of any liens, easements, encumbrances or other restrictions created by Martin Marietta and shall be at a cost to Owner not to exceed $100.00. The property so conveyed shall become a part of -2- .. -t . I . u Q ;;' : the Subdivision for all purposes, including all applicable covenants, but no fencing shall be placed on such property except in accordance with the covenants and restrictions applicable to the Subdivision. Martin Marietta shall use its best efforts to cause the owners of the Mueller Property to convey to the City of Carmel a right of way along the northern edge of I 06th Street sufficient to allow a pedestrian walkway from Hazel Dell Parkway to the existing park located south of the Subdivision. (b) Guidelines. All reclamation shall comply generally with the reclamation guidelines adopted by the Indiana Mineral Aggregates Association. (c) Timing of Reclamation. With respect to the Mueller Property north of l06th Street, Martin Marietta shall erect a black chain link fence (with no barb wire or similar barrier) fifty feet south of the boundary of the Subdivision as a buffer area which shall not be disturbed by the operations. Once the operations are completed, the fence shall be removed by Martin Marietta and the land reclaimed as provided herein. Within twelve months following completion of such reclamation, Martin Marietta shall complete the conveyance obligations set forth above. The adjacent owner shall have the right to use that portion, if any, of the fifty feet wide buffer area adjacent to owner's property during the period of operations. (d) Lake Access. If all or any part of such lake becomes available for general access to the public, Martin Marietta will use its best efforts to secure comparable access rights for the benefit of adjacent owners from owner's property to the lake. 4. Environmental. With respect to the operations, Martin Marietta shall be responsible for all environmental matters arising therefrom. INDSO 1 THE 400222 -3- , ~ .. u o r EXHIBIT C Findings of Fact - Special Use 1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended does apply and all prerequisites have been met by Petitioner as verified by: Application #FW-2045I pending with the Department of Natural Resources (DNR) for a portion ofthe property: other applications are contemplated regarding the remainder ofthe property and Blue Woods Creek in particular: no mineral extraction activity affecting the flood way or flood plain will commence prior to final authorization from the DNR. 2. The Special Use will be consistent with the Character and Permitted Land Use ofthe zoning district and CarmeVClay Comprehensive Plan because: The Carmel/Clay Comprehensive Plan indicates that an Edge between a Residential Community area and a Regional and Community Employment area passes directly through the subiect property. The General Polices regarding Residential Community areas provide that "transitions. in scale and density. should occur between residential communities and community/regional employment areas" and that "in areas where zoning changes are requested. such transition shall be encouraged and considered as part ofthe approval process." Mineral extraction and the resulting artificial lake is a low intensity use and will be an effective transition. In addition. the Land Use Plan indicates a High Intensity residential community designation directly to the southwest of the subiect property. along the same Edge. The proposed mineral extraction and artificial lake use will be a less obtrusive and lower intensity transitional use. A portion of the subiect property is already designated as a Low Intensity Regional and Community Employment area on the Land Use Plan. The General Policies regarding Regional and Community Employment areas provide for "industrial uses" which includes mineral extraction. The Low Intensity Regional and Community Employment area Policies provide "low intensity commercial developments should be buffered from residential communities through the existence of. . . open space." The artificial lake will result in an open space buffer between the existing residential communitv and the Regional and Community Employment area to the south. The Land Use Plan indicates that a maiar portion ofthe subiect property is located in a Flood Plain. Mineral extraction activities and an artificial lake are appropriate uses for Flood Plain areas. 3. The Special Use is physically suitable for the land in question because: There are currently existing mineral extraction operations on the adiacent property to the north and the adiacent property to the south: portions ofthe property are in a flood way. flood plain. and flood way fringe. making normal development of the property more difficult. ~ of. .. u w 4. The Special Use will not injuriously or adversely affect the adjacent land or property values because: The artificial lake resulting from the reclamation of the property. as provided in the Commitments indicated in Exhibit B. will increase the property values ofthe adjoining residential properties in that those properties will be increased in size and will have direct lakefront access: other properties in the vicinity will increase in value to the extent that the artificial lake is open to the public. 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: There will be no trucking of minerals or aggregate by means ofthe adjacent roads because the extraction operations will be accomplished by dredging and will be conveyed underground to a processing facility on adjacent property: the operation will not require domestic water or sewer facilities and storm drainage will be accommodated on site or via the existing regulated drains: there will be no impact on police and fire protection because there will be no additional roads. buildings. or residents on the property. 6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.3 (1-25) as they relate to this Special Use, and does not find that those criteria prevent the granting of the Special Use: (1) Topography: The topography ofthe property is such that portions lie in the floodway. flood plain. and floodway fringe: there will be no improvements constructed on the property which will be threatened by flood waters: no mineral extraction activity affecting the flood way or flood plain will commence prior to final authorization from the Indiana Department of Natural Resources (2) Zoning on site: See above item 2 (3) Surrounding zoning and land use: See above item 2 (4) Streets, curbs and gutters and sidewalks: None (5) Access to public streets: Other than petitioner's ordinary employees. there will be no regular public or truck traffic or access to the property by means of public streets (6) Driveway and curb cut locations in relation to other sites: None (7) General vehicular and pedestrian traffic: None -2- ~ .-; 'r '" u v f (8) Parking location and arrangement: None (9) Number of parking spaces needed for the particular special use: None (10) Internal site circulation: None (11) Building height, bulk and setback: None (12) Front, side and rear yards: None (13) Site coverage by building(s), parking area(s) and other structures: None (14) Trash and material storage: None (15) Alleys, service areas and loading bays: None (16) Special and general easements for public or private use: None (17) Landscaping and tree masses: See attached Exhibit B. Commitments regarding Reclamation (18) Necessary screening and buffering: See attached Exhibit B. Commitments regarding Reclamation (19) Necessary fencing: See attached Exhibit B. Commitments regarding Reclamation (20) Necessary exterior lighting: See attached Exhibit B. Commitments regarding General Operations Restrictions (21) On-site and off-site, surface and subsurface storm and water drainage: Drainage will be accommodated by the existing regulated drain and the artificial lake to be created (22) On-site and off-site utilities: None (23) Dedication of streets and right-of-way: None (24) Proposed signage: None (25) Protective restrictions and covenants: None INDSO\ THE 40\75\ -3-