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CITY OF CARMEUCLA Y TOWNSHIP
HAMILTON COUNTY. INDIANA
APPLlCATlON FOR BOARD OF ZONING APPEALS ACTION
USE VARIANCE
FEE: $750.00
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Do.CKET NO..
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DATE RECEIVED:
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1)
Applicant
Martin Marietta Materials. Inc.
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Address:
1980 E. 116th Street, Suite 200. Cannel. Indiana 46032
2)
Project Name:
Phone:
, .i' Engineer/Architect: Max Williams
Phone: 573-4460
Attorney: Thomas H. Enale-
. Phone: 231-7499
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. 3). . .Appli~nt's status: (Ch~ck the appropriate response)
X
(a) The applicar:Jfs name is on tJ:1e deed to.the property (American Aggregates Corporation)
(b) The applicant is the contract purchaser of the property
(e) o.~~.r.;
.4) If Item 3) (c) is. checked, please complete the following:
. .
. o.wner of the property Involved:
o.wner's address:
, Phone:
5} . Record of Ownership:
Deed Book NoJlnstrument No. Deed Reco~ 208.. page 186; Deed Record 186; page 80
Page:
., Purchase date: November 23, 1966;,jlqgust 6, 1992
.6) Common address of the property involved: Northeast corner of 106th Street and Hazel Dell Parkway
\..egal description: See attached Exhibit F
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..Tax Map Parcel No.:, 17-14-04-00-00-017 .000
7) State explanation of requested Use Variance: (State what you want to do and cite the section number(s) of the
Carmel/Clay Zoning o.rdinance which applies anfYor gr.eates the need for this appeal).
See attached Exhibit &
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8)
State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled
"Findings of Fact-Use Variancej.
See attached Exhibi,t H
9) Prese~t zoning of the property (give exact classification): 5-1 Residence District; FV Fl~dway District
10)
11)
Present use of the property:
vacant; sand and gravel extraction
Size of lot/parcel in question: 53.582
. acres
12) Describe the proposed use of the property: sand and gravel processinq facility
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13)
Is the property:
-.
Owner OCCUpied
x
Renter occupied
Other
14)
Are there any restrictions, laws, covenants, variances, special uses, or appeals tiled 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 rend~red an<!.pertinent explanati9n. . - . .
15)
Has work for which this application is being tiled already started? If answer is 'yes, give details: No
Building Permit Number.
Builder.
16) If proposed appeal is granted, when wilJ'the worlccommence? .
No.1 ater than January 2004
17)
If the proposed appeaf)s grflnted ,..who will operate and/or use the proposed improvement for which this'
application', has' been tiled? .
Martin Marietta Materials. Inc.
NOTE:
LEGAL NOTlCE 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.
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EXHIBIT F
Surveyed Legal Description
A part of East Half of Section 4, Township 17 North, Range 4 East, Hamilton County, Indiana, described
as follows:
Commencing at a Stone found at the Southeast corner of said Section 4; thence North 89 degrees 55 minutes
44 seconds West along the south line of the Southeast Quarter of said Section a distance of 469.11 feet to
a 5/8 inch rebarwith cap inscribed "RS FIRM 0018" on the west line ofa 50.0 feet sanitary sewer easement
as recorded in D.R. 270, Page 541, marking the POINT OF BEGINNING; thence continuing along the south
line North 89 degrees 55 minutes 44 seconds West a distance of 822.89 feet to a 5/8 inch rebar with said cap
on the East right of way line of Hazel Dell Parkway; thence Northeasterly along said right of way 343.10 feet
along an arc to the right and having a radius of2201.83 feet and subtended by a long chord having a bearing
of North 17 degrees 41 minutes 56 seconds East and a length of 342. 76 feet to a 5/8 inch rebar with said cap;
thence continuing along said right of way f,Qr next 8 courses; thence North 25 degrees 41 minutes 31 seconds
East a distance of 293.37 feet to a 5/8 inch rebar with said cap; thence North 25 degrees 18 minutes 26
seconds East a distance of 408.46 feet to a 5/8 inch rebar with said cap; thence North 17 degrees 08 minutes
20 seconds East a distance of 312.87 feet to a 5/8 inch rebar with said cap; thence North 12 degrees 15
minutes 32 seconds East a distance of208.94 feet to a 5/8 inch rebar with said cap; thence North 05 degrees
53 minutes 20 seconds East a distance of209.1 0 feet to 5/8 inch rebar with said cap; thence North 09 degrees
21 minutes 39 seconds West a distance of 158.27 feet to a 5/8 inch rebar with said cap; thence North 87
degrees 46 minutes 28 seconds East a distance of 13.37 feet to a 5/8 inch rebar with said cap; thence North
04 degrees 24 minutes 11 seconds West a distance of 314.77 feet to a 5/8 inch rebar with said cap on the
south line of a tract ofland currently recorded as Instrument Number 97-9710709; thence along the south
line of said tract North 85 degrees 40 minutes 30 seconds East a distance of 187.07 feet to a 5/8 inch rebar
with said cap; thence along the east line of said tract North 04 degrees 19 minutes 30 seconds West a distance
of 435.60 feet to a 5/8 inch rebar with said cap; thence along the north line of said tract South 85 degrees 40
minutes 30 seconds West distance of 187.64 feet to a 5/8 inch rebar with said cap on the east right of way
of said road; thence along said right of way North 04 degrees 24 minutes 05 seconds West a distance of
105.93 feet to a 5/8 inch rebarwith said cap; thence continuing along said right of way North 04 degrees 32
minutes 56 seconds West a distance of 493.55 feet to a 5/8 inch rebar with said cap on the south line of a
tract ofland currently recorded as Instrument Number 9809811793; thence along the south line of said tract
South 89 degrees 33 minutes 33 seconds East a distance of 579.90 feet to the west line of said 50.0 feet
sanitary sewer easement; thence continuing along said sanitary sewer easement for next 4 courses; thence
South 00 degrees 04 minutes 31 seconds East a distance of 478.40 feet to a 5/8 inch rebar with said cap;
thence South 60 degrees 41 minutes 31 seconds East a distance of242.38 feet to a 5/8 inch rebar with said
cap; thence South 00 degrees 04 minutes 31 seconds East a distance of21 08.76 feet to a 5/8 inch rebar with
said cap; thence South 45 degrees 04 minutes 23 seconds West a distance of 480.88 feet to a 5/8 inch rebar
with said cap on the north line of a tract ofland currently recorded as D.R. 270, Page 520; thence along said
north line of said tract North 89 degrees 55 minutes 44 seconds West parallel with the south line of the
southeast quarter of Section 4, a distance of 108.78 feet to a 5/8 inch rebar with said cap; thence along west
line of said tract South 00 degrees 04 minutes 16 seconds West a distance of 75 .00 feet to a 5/8 inch rebar
with said cap; thence along ~outh line of said tract South 89 degrees 55 minutes 44 seconds East parallel
with the south line of the southeast quarter of Section 4, a distance of 56.05 feet to the west line of said
sanitary sewer easement; thence along said west line South 26 degrees 46 minutes 47 seconds West
a distance of 55.97 feet to the place of beginning. Containing 53.582 acres more or less.
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Record Legal Descriptions
Deed Record 186, Page 80
A part ofthe Northeast Quarter of Section 4, Township 17 North, Range 4 East, in Clay Township, Hamilton
County, Indiana, described as follows:
Beginning at the Northwest comer of the Northeast Quarter of Section 4, Township 17 North, Range 4 East,
run thence South 2928.6 feet to the Center of said Section 4, thence East on the South line on the Northeast
Quarter of said Section 4, 1806.75 feet to the centerline of River Road; thence Northwesterly along the
centerline of said River Road 2931.65 feet measured to the North line of said Section 4, said point is 1565.39
feet East of the place of beginning, thence West on the North line of said Section 4, 1565.39 feet Measured
to the place of beginning, containing 113.2 acres more or less.
A part of the West Half of Section 3, Township 17 North, Range 4 East, and part of the East Half of Section
4, Township 17 North, Range 4 East, in G,lay Township, Hamilton County, Indiana, described as follows:
Beginning at the Center of Section 4, Township 17 North, Range 4 East, thence South on and along the West
line of the Southeast Quarter thereof 1167.06 feet; thence East 3650 feet more or less, to White River; thence
meandering North and Westwardly in and along said White River 1890 feet, more or less, to a point 505.89
feet Deed North of the South line extended of the Northeast Quarter of said Section 4, thence West 988.0
feet Measured more or less to a point in the centerline of River Road; thence Southeasterly on and along said
centerline to a point in said South line of said Northeast Quarter Section 530.00 feet; thence West on and
along said South line 1806.75 feet to the place of beginning, containing all 99.23 acres, more or less.
Deed Record 208, Page 186
Part of South East quarter of Section 4, Township 17 North, Range 4 East, and part of Southwest quarter of
Section 3, Township 17, Range 4 East run thence Weston the South Section line of said Section 1530.36 feet
to a stone; thence North 64 degrees and 42 minutes East 832 feet to a stone; thence north 68 degrees and 33
minutes East 790.85 feet to a stone; thence East 886.95 feet to a stone on East Section line; thence South on
Section line 1488.31 feet to place of beginning, said parcel containing 40.79 acres.
Begin at the Southwest comer of Section 3, Township 17, Range 4 East run thence North on Section line
1488.31 feet to a stone; thence East 997 feet to the West bank of the White River; thence meandering
Southwesterly down River 2014 feet to South Section line; thence West on Section line 106.5 feet to place
of beginning. Said parcel containing 29.76 acres, all in Hamilton County, Indiana.
INDSOI THE 492874vl
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EXHIBIT G
Application for Use Variance
Martin Marietta Materials, Inc. reque.sts a Use Variance for sand and gravel processing
operations on the property located at the northeast comer of 106lh Street and Hazel Dell Parkway as
described on the attached Exhibit F (the "Property").
A. The Property is currently in the S-1 residential district; sand and gravel processing is a
permitted special use in the M -1 Manufacturing District and is a permitted use in the I-I Industrial
District.
B. The Property is almost entirely located in the FW Floodway district; sand and gravel
processing is a permitted use only if peunitted in the district which is overlapped by the FW District.
C. Petitioner requests a Use Variance to permit a sand and gravel processing facility on the
Property .
D. The Indiana Department of Natural Resources (DNR) has approved Petitioners application
to operate a sand and gravel processing facility on the Property. A copy of the Certificate of
Approval for application FW-20451 is attached.
E. In connection with this application, Petitioner offers the following commitments to
accompany the requested Use Variance:
Proposed Commitments:
1. General Operations Restrictions. All operations of the sand and gravel processing
facility shall be subject to the following restrictions:
(a) Vehicular access will be at the existing point of the driveway on Hazel Dell
Parkway. All trucks entering public streets from the Property shall have covered beds.
(b) The normal hours of operation shall be 6:00 a.m. to 10:00 p.m., Monday
through Saturday, provided, however, in the event expanded hours of operation are required
due to exceptional or changed demand, said hours may be expanded to accommodate such
demand.
(c) All lighting utilized shall be in a fashion as to not illuminate public roadways
or private residences.
(d) The existing tree buffer on Hazel Dell Parkway will be maintained and shall
not be disturbed.
....:
(e) Martin Marietta shall comply with all applicable laws, including IDEM,
OSHA or other applicable laws, statutes or ordinances.
(f) Martin Marietta shall maintain the surrounding perimeter in a workmanlike
manner, including removing of dead trees and maintaining the grass.
(g) All Special Conditions indicated in the Certificate of Approval granted by the
IndianaDepartmentofNaturalResources on February 9, 2001 forapplicationFW-20451 are
incorporated herein.
2. Relocation. If Martin Marietta is permitted to commence sand and gravel extraction
on the Mueller property by May 1, 2002 and is not precluded from continuing such extraction,
Martin Marietta shall, subject to approval by the Carmel Clay Board of Zoning Appeals and the
Indiana Department of Natural Resources, move the existing processing plant located north of 1 06th
Street on the west side of Hazel Dell Par,kway and adjacent to the Kingswood Subdivision to a new
locationjust east of Hazel Dell Parkway and north of 106th Street. Such new location will be further
from any home in the Kingswood Subdivision than at present. Subject to obtaining the required
governmental approvals, Martin Marietta will start the plant relocation no later than January 2004
with completion of such move to occur no later than March 31,2004. Martin Marietta will terminate
all processing operations at the current site of the processing plant as soon as the relocation of the
plant is completed. Martin Marietta will install and maintain noise abatement features at the
relocated plant which are no less effective than those now utilized, including the use of on-site'berms
and aggregate piles as buffers and the use of strobe light signals at night instead of audible signals,
for all equipment as permitted by applicable legal requirements.
INDSOl THE 485556vl
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CARMEUCLAY BOARD OF ZONING APPEALS
Carmel, Indiana
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Docket No. :
UV:-23-02
DOCS
Petitioner:
Martin Marietta Materials. Inc.
FINDINGS OF FACT M USE VARIANCE (Ballot Sheet)
1.
2.
3.
4.
5.
DATED THIS
DAY OF
,199 .
Board Member
Page 7 of 8 - Use Varianoe Application
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CARMEUCLA Y80ARD OF ZONING APPEALS
CARMEl, INDIANA
Docket No.:
UV-23-02
Petitioner.
Martin Marietta MaterialsJnc.
F1NDlNGS OF FACT - USE VARIANCE
1. The grant of this variance will. not be cantr~cy to the, public. interest, due to the existence of special condition(s)
such that enf.arcement of the zoning ordinance will result in unnecessary hardship because: "
see attached Exhibit H
2. The grant of this variance will not be injurious, to the public health, safety, morals and general welfare of the
community because: " "
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see attached Exhibit H
3. .
The use or value of the area adjacent to the subject property will not be substantially affected in any adverse
manner because:
see attached Exhibit H
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4. The need' forthe variance arises from a natural condition peculiar to the subject because:
see attached Exhibit H
5. ' The granting of this variance do~ not substantially interfere wtth the Carmel/Clay Comprehensive Plan
because: '
see attached Exhibit H
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use Variance Docket No.
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 Soard of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoniflg Appeafs
Conditions oftlle Soard are listed on the back..
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EXHIBIT H
Findin2S of Fact - Use Variance
1. The grant of this variance will not be contrary to the public interest, due to the existence of
special condition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship
because:
Martin Marietta's existing sand and gravel orocessinl! facility is located directly west of Hazel
Dell Parkway from the prooosed new location. Relocation of this facility is not necessary to the
operations of Martin Marietta. however. in order to accommodate the adiacent residential community.
Martin Marietta is willing to relocate the facility as indicated: enforcement ofthe zoninl! ordinance will
result in unnecessary hardshio in that relocation of the facility will be orec1uded. with the result that it
will continue to operate in its current location indefinitelv. contrary to the wishes of the adiacent
residents.
2. The grant of this variance will not be injurious to the public health, safety, morals and general
welfare ofthe community because:
The sand and gravel processing facility will be significantly more distant from the majority of
residential areas in the vicinity: access to the facility will be by means of the existinl! entrance to the
propertY and the amount of traffic will not be substantially different than that which presently exists at
the facility: the proposed use has been approved for location in the floodway by the Indiana Department
of Natural Resources.
3. The use of value of the are adjacent to the subject property will not be substantially affected in
any adverse manner because:
The sand and gravel orocessinl! facility will be sil!llificantly more distant from the maiority of
residential areas in the vicinity: the facility will be buffered and screened by the existinl! wooded area
along the eastern side of Hazel Dell Parkway which will remain intact.
4. The need for the variance arises from a natural condition peculiar to the subject because:
The subiect oropertv lies almost entirely within the FW Floodway District and is thus unsuitable
for most development. especiallY those uses permitted in the 8-1 District: the need for the variance arises
out of the desire to relocate the existinl! facility further away from the nearby residential areas to the
west.
5. The granting of this vanance does not substantially interfere with the Carmel/Clay
Comprehensive Plan because:
The Land Use Plan of the Carmel/Clay Comprehensive Plan indicates that the subiect propertY
lies in the 100 year flood plain and indicates that the area is not planned for either Residential
Community use (even though located in the 8-1 District) or a Rel!ional and Community Emoloyment
area: sand and lrravel processing is an appropriate use in the floodway area.
INDSOl THE 485558vl
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CITY OF CARMEUCLAYTOWNsHIP
HAMILTON COUNTY. INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
USE VARIANCE
FEE: $750.00
DOCKET NO.
UV-23-02
DATE RECEIVED: M1JK"tJ1A -, / Ub'2.-
1), Applicant
Martin Marietta Materials. Inc.
Address:
1980 E. 116th Street. Suite 200. Carmel. Indiana 46032
2)
Project Name:
Phone:
; ,i' Engineer/Architect Max Wi 11 i ams
Phone: 573-4460
Attorney: Thomas H. Enqle
Phone: 231-7499
, 3)" ,Applic~nt's Status: (Check the appropriate response)
x
(a) The applicar;1t's name is on ~e deed to the property (American Aggregates Corporation)
(b) The applicant is the contract purchaser of the property
(c) O~h~r;
.4)
If Item 3) (c) is che~ked, please complete the following:
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Owner of th~ property Involved:
'Owners address:
, Phone:
5} , ~ecord of Ownership:
Deed Book No./lnstrument No. Deed Recor~ 208. page 186; Deed Record 186; page 80
Page:
" Purchase date: November 23. 1966;...Aqgust 6,. 1992
,6) Common address of the property involved: Northeast comer of 106th Street and Hazel Dell Parkway
hegaldescription: See attached Exhibit F
"Tax Map Parcel No.:, 17-14-04'-00-00-017.000
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7) State explanatioC'! of requested Use Variance: (State what you want to do and cite the section number(s) of the
Carmel/Clay Zoning Ordinance ~hich appliesangtoro/eat~s the need for this appeal). " ','
See attached Exhibit G
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8) State reasons supporting the Use Variance: (Additionally. complete the attached question sneet entitled
-Findings of Fact-Use Variancej.
See attached Exhi btt H
9) Prese~t zoning of the property (give exact classification): $-1 Residence District; AI Fl~y District
10)
11)
Present use of the property:
vacant; sand and gravel extraction
Size oflotlparcel in question: 53.582
. acres
12) Describe the proposed use of the property: sand and gravel processinq facility
13)
Is the property.
Owner occupied
x
Renter occupied
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 rend~red an~pertinent explanation. - - - -
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 appeal is granted, when wiU-the work-commence? -
No -1 ater than January 2004
17) If the propos~ app~aUs, grf1~ ...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 NoblesviUe Dailv Ladaer ,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. -
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EXHIBIT G
Application for Use Variance
Martin Marietta Materials, Inc. requests a Use Variance for sand and gravel processing
operations on the property located at the northeast comer of 106th Street and Hazel Dell Parkway as
described on the attached Exhibit F (the "Property").
A. The Property is currently in the S-l residential district; sand and gravel processing is a
permitted special use in the M -1 Manufacturing District and is a permitted use in the 1-1 Industrial
District.
B. The Property is almost entirely located in the floodway of the White River.
C. Petitioner requests a Use Variance to permit a sand and gravel processing facility on the
Property.
D. The Indiana Department of Natural Resources (DNR) has approved Petitioners application
to operate a sand and gravel processing facility on the Property. A copy of the Certificate of
Approval for application FW -20451 is attached.
E. In connection with this application, Petitioner offers the attached Commitments.
INDSOl THE 485556v2
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AFFIDAVIT
I, hereby swear that I am the owner~~ 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. '
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Signed: ~ VL.. ;/~/-z.,.ce>"-
~,--AffomeYJBB~
Thomas H. Engle
(please Print)
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STATE OF INDIANA
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County of
Marion
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for Marion County, State, of Indiana, personally appeared
(Notary Public's county of residence)
Thomas H.Engle and acknowledge the exec;ution, of the foregoing instrument this
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day of March
~ JlIm: 2002
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Notary PUblic-Sign re
(SEAL)
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Notary Public.:...please "nt
My commission expires: . :3 '-'- '^ Q... <. 'I , '2..-O"C....
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Page 4 at 8.- Usa Varianca ApplicaIj<ln
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APPLlCA nON #
STREAM
APPLICANT
AUTHORITY
DESCRIPTION
LOCATION
APPROVED BY
STATE OF INDIANA
DEPARTMENT OF NATURAL RESOURCES
CERTIFICATE OF APPROVAL
CONSTRUCTION IN A FLOODWAY
MAILED
FES 0 9 200t
: FW-20451
: West Fork White River
: Martin Marietta Materials, Inc.
Max Williams
1980 East 116th Street, Suite 200
P.O. Box 549
Cannel, IN 46032
: IC 14-28-1 with 310 lAC 6-1
: Martin Marietta Materials, Inc. (Martin Marietta) operates a sand and gravel mine
along Hazel Dell Parkway south of 116th Street in Hamilton County. The
processing plant is curreAtly located on the west side of Hazel Dell Parkway.
Martin Marietta plans to relocate the plant to the east side of Hazel Dell Parkway,
which is in the f100dway of the White River. The relocation of the plant will allow
mining of the area where it is currently located and place it farther from the
neighboring subdivisions west of this area. The trees along Hazel Dell Parkway
will provide screening of the plant from the traffic on the road and from the
subdivisions. In the new location, the plant will be configured similar to the way it
currently exists except that it will be oriented in such a'manner to reduce the'
impact of the finished material stockpiles on the f1oodway. The plant will be
elevated so that all equipment is above the 100-year flood elevation. An access
road will be constructed atpre-development grade and will enter the plant from
the north (upstream). No security fences or benns will be installed around the
perimeter of the plant Details of the project are contained in information
received electronically at the Division of Water on' March 16, 2000 and in
information and plans received at the Division of Water on April 12, 2000, April
24,,2000, July 3, 2000, D~cember 8,2000 and February 7,2001. .
: DOWNSTREAM: The project is located on the east side of Hazel Dell Parkway
approximately one-quarter mile 'north of 106th Street near Carmel, Clay
Township, Hamilton County
SE%,SE%" Section 4, T 17N, R 4E, Fishers Quadrangle
UTM Coordinates: Down,stream 4421875 North, 579400 East
UPSTREAM:
UTM Coordinates: Upstream 4421875 North, 579400 East
APPROVED ON : February 9, 2001
Attachments: Notice Of Right To Administrative Review
General Conditions
Special Conditions
Service Ust
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" STATE OF INDIANA
Dl ARTMENT OF NATURAL RESOU ':ES
NOTICE OF RIGHT TO ADMINISTRATIVE REVIEW
APPLICATION #: FW- 20451
This signed document constitutes the issuance of a permit by the Natural Resources Commission, or its
designee, subject to the conditions and limitations stated on the pages entitled "General Conditions" and
"Special Conditions".
The permit or any of the conditions or limitations which it contains may be appealed by applying for
administrative review. Such review is governed by'the Administrative Orders and Procedures Act, IC .
4-21.5, and the Department's rules pertaining to 'adjudicative proceedings, 312 lAC 3-1.
In order to obtain a review, a written petition must be filed with the Division of Hearings within 18 days of
the mailing date of this notice. The petition should be addressed to:
Mr. Stephen L. Lucas, Director
Division of Hearings
Room \N272
402 West Washington Street
Indiallapolis, Indiana 46204
The petition must contain specific reasons for the appeal and indicate the portion or portions of the permit
to which the appeal pertains. '
If an appeal is filed, the final agency determination will be made by the Natural Resources Commission
following a legal proceeding conducted before an Administrative Law Judge. The Department of Natural
Resources will be represented by legal counsel.
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STATE OF INDIANA
DEP ARTMENT OF NATURAL RESOURCES
GENERAL CONDITIONS
APPLICATION #: FW-20451
( 1 ) If any archaeological artifacts or human remains are uncovered during construction, federal law and regulations (16 use 470, et seq.; 36 CFR 800.11, et
al) and State Law (IC 14-21-1) require that work must stop and that the discovery must be reported to the Division of Historic Preservation and .
Archaeology within 2 business days.
Division of Historic Preservation and Archaeology
Room Vl/274
402 West Washington Street
Indianan polis, IN 46204
Telephone: (317) 232-1646, FAX: (317) 232-8036
( 2) This permit must be posted and maintained at the project site until the project is completed.
( 3) This permit does not relieve the permittee of the responsibility for obtaining additional permits, approvals, easements, etc. as required by other federal,
state, or local regulatory agencies. These agencies include, but are not limited to:
Agency
Hamilton County Drainage Board-
. US Army Corps of Engineers, Louisville District
Indiana Department of Environmental Management
Local city or county planning or zoning commission
Telephone Number
(317) 776-8495
(502) 315-6733
(317) 233-2471
( 4) This permit must not be construed as a waiver of any local ordinance or other state or federal law.
( 5) This permit does not relieve the permittee of any liability for the effects which the project may have upon the safety of the life or property of others.
( 6) This permit may be revoked by the, Department cif Natural Resources for violation of any condition, limitation or applicable statute or rule.
(7) This permit shall not be assignable or transferable without the prior written approval of the Department of Natural Resources. To initiate a transfer contact:
Mr. Michael W. Neyer, PE, Director
Division of Water
Room W264
402 West Washington Street
Indianapolis, IN 46204
Telephone: (317) 232-4160, Toll Free: (877) 928-3755
'FAX: (317) 233-4579
( 8) The Department of Natural Resources shall have the right to enter upon the site of the permitted activity for the purpose of inspecting the authorized \york. .
(9) The receipt and acceptance of this permit by the applicant or authorized agent shall be considered as acceptance of the conditionsomd limitations stated
on the pages entitled "General Conditions" and .Speclal Conditions".
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. STATE OF INDIANA
DEPAl ,\/lENT OF NATURAL RESOURCE.
SPECIAL CONDITIONS
APPLlCA TJON #: FW- 20451 .
PERMIT VALIDITY
This permit is valid for 24 months from the "Approved On" date shown on the first page.
If work has not been initiated by February 09,2003 the permit will become void and a
new permit will be required in order to continue work on the project.
This permit becomes effective 18 Clays after the "MAILED" date shown on the first page.
If both a petition for review and a petition for a stay of effectiveness are filed before this
permit becomes effective, any part of the permit that is within the scope of the petition for
stay is stayed for an additional 15 days.
CONFORMANCE
. Other than those measures necessary to satisfy the "General Conditions" and "Special
Conditions", the project must conform to the information received by the Department of
Natural Resources on: March 16,2000, April 12, 200Q, April 24, 2000, July 3,2000,
December 8,2000 and February 7,2001. Any deviation from the information must
receive the prior written approval of the Department.
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Number Special Condition
( 1) revegetate all bare and disturbed areas with a mixture of grasses (exduding all varieties
of tall fescue) and legumes as soon as possible upon completion
( 2) minimize and contain within the project limits all tree and brush clearing and provide the
opportunity to utilize cleared trees of firewood and timber size
( 3) appropriately designed measures for controlling erosion and sediment must be
implemented to prevent sediment from entering the stream or leaving the construction
site... Mainta.in these measures until construction is complete and all disturbed areas are
stabilized
( 4) except for the material stored in the stockpiles as shown on the project plans on file at
the Division of Water, place all excavated material landward of the f100dway *
( 5) do not leave felled trees, brush, or other debris in the f100dway *
( 6) do not raise the access road beyond the pre-development elevation as shown on plans
received on December 8, 2000 without the prior written approval ofthe Department of
Natural Resources
( 7) do not place any security fences or berms around the project site in the f100dway without
the prior written approval of the Department of Natural Resources
( 8) upon completion of the project, remove all construction debris from the f100dway *
( 9) do not extend the stockpiles of sand and gravel beyond the limits of the stockpiles as
shown in the plans received on April 12, 2000
( 10) * NOTE: for regulatory purposes, the f100dway is defined as that shown on Panel 229 of
the preliminary Flood Insurance Rate Map for Hamilton County dated September 9, 1998
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STATE OF INDIANA
Dl ARTMENT OF NATURAL RESOU ;ES
Martin Marietta Materials, Inc.
Max W1Inams
1980 East 116th street, Suite 200
P.O. Box 549
Carmel, IN 46032
Brian & Jennifer Atkinson
115 White Horse Lane
Fishers, IN 46038
City of Carmel
One Civic Square
Carmel, IN 46032
Don Craft
4988 St Charies Place
Carmel, IN 46033-5936
John Jesse & Margaret Emerson
6110 East 106th Street
Fishers, IN 46038
Hamilton County Drainage Board
County Surveyor
1 Hamilton Square, Suite 146
Noblesville, IN 46060-2230
Kaylee & Daniel Johnson
118 White Horse Lane
Fishers, IN 46038
Lenos Frances Marshall
6120 East 106th Street
Fishers, IN 46038
Debra J Smith
IDNR, Division of Water
Floodplain Maflagement Section
US Army Corps of Engineers, Louisville District
Regulatory Functions Branch
clo Mr. Jim Townsend
PO Box 59
Louisville, KY 40201-0059
Wright Family Realty, LP
Frank Wright Sr.
152 South 9th Street
Noblesville, IN 46060
SERVICE LIST
APPLlCA TJON #: FW- 20451
Kevin Abrams
1980 East 116th Street, Suite 200
Carmel, IN 46032-3516
Charles & Mary Bell
111 White horse Lane
Fishers, IN 46038
Daniel & Marilyn Clements
.113 White Horse Lane
Fishers, IN 46038
Adam L. DeHart, LS
Project Manager
486 Gradle Drive
Carmel, IN 46032-2536
Kevin Franks
6150 Wahpihani Dr.
Fishers, IN 46038
Eric & Debra Hawkins
6140 East 106lh Street
Fishers, IN 46038
Sylvia Koester
118 White Horse Lane
Fishers, IN 46038
Perry & Thelma .Marshall
1 0700 Eller Road
Fishers, IN 46038
James R. Steckley
5845 116th Street East
Carmel, IN 46032
R. Gene Voss
117 White Horse Lane
fishers, IN 46038
Carmel Department of Community Development
One Civic Square
Carmel, IN 46032
"'
Jason Arvin -
6160 East 106lh Street
Fishers, IN 46038-1600
William Cash
One Hamilton County Square
Noblesville, IN 46060
Elizabeth & Melissa Cosby
116 White Horse Lane
Fishers, IN 46038
Christopher J. Devers
6136 Wahpihani Drive
Fishers, IN 46038-1734
Robert Furiong
1980 East 116lh Street, Suite 200
Carmel, IN 46032-3516
David & Tammy Jessup
130 White Horse Lane
Fishers, IN 46038
Morris & Becky Loriskin
11153 River Road
Indianapolis, IN 46280
Richard L. Russell
10660 Ella Road
Fishers, IN 46038-1601
.William & Nina Ann Stitt
112 'Mlite Horse Lane
Fishers, IN 4603~
Kurt J. Wanninger
Hamilton County Surveyor's Office
1 Hamilton County Square, Suite 146
Nobiesville, IN 46060-2230
Hamilton County Plan Commission
Hamilton County Gov. and Judicial Center
One Hamilton County Square, Suite 138
NoblesviUe, IN 46060
v
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STATE OF INDIANA
Dl ARTMENT OF NATURAL RESOU JES
.,t',~.. '~.l~'1
SERVICE LIST.
APPLlCA nON #: FW- 20451
Hamilton County Soil and Water Conservation
District
11 08 South 9th Street
Noblesville, IN 46060-2744
Indiana Department of Natural Resources
Division of Law Enforcement
North Region Headquarters Dist 4 -
RR 6, Box 344
Peru, IN 46970
Staff Assignment
Administrative
Technical
Environmental
Markita L. Shepherdson
Dennis K Stewart, P.E.
William R. Maudlin
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CITY OF CARMEUCLAY TOWNSH~
HAMILTON COUNTY. INDIANA
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Applicant:
Address:
USE VARIANCE
DOCKET NO.'
FEE: $750.00
DATE RECEIVED:
1)
Martin Marietta Materials, Inc.
1980 E. 116th Street, Suite 200, Carmel, Indiana 46032
2)
Project Name:
Phone:
.:' Engineer/Architect: Max Ifill i aIDS
Phone: 573-4460
Attorney: Thomas H. Enale
Phone: 231-7499.
3)
... Applicanfs Status: (Check the appropriate response)
x
(a) The applicanfs name is on ttte deed to.the property (American Aggregates Corporation)
(b) The applicant is the contract purchaser of the property
(c) Other:
4) .If Item 3) (c) is checked, please complete the following:
Owner of the property involved:
Owner's address:
Phone:
5) Record of Ownership:
Deed Book No./lnstrument No. Deed Record 208, page 186; Deed Record 186; page 80
Page:
Purchase date: November 23, 1966; August 6, 1992
6) Common address of the property involved:. Northeast comer of 106th Street and Hazel Dell Parkway
~egaldescription: See attached Exhibit F
_ Tax Map Parcel No.: 17-14-04-00-00-017.000
7) State explanation of requested Use Variance: (State what you want to do and cite the section number(s) of the
Carmel/Clay Zoning Ordinance. which applies an~or 9reates the need for this appeal).
See attached Exhibit G
Page 1 of 8 - Use Variance Application
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'iState reasons Supporti~e Use Variance: (Additionally, complete Uached question sheet entitled
"Findings of Fact-Use Variance'').
See attached Exhibit H
9)
10)
11)
Present zoning of the property (give exact classification): 5-1 Residence District; AI Fl~y\'District
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Present use of the property: vacant; sand and gravel extraction
Size of lot/parcel in question: 53.582
acres
12) Describe the proposed use of the property: sand and gravel processing facility
"t,
13)
Is the property:
Owner occupied
x
Renter occupied
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.
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 a'ppeal is granted, when will the workcommeilce?
No 'later than January 2004
17) If the proposed app~alis grpnted"whowill operate and/or use the proposed improvement for which this
application has been fih~d1
Martin Marietta Materials, Inc.
NOTE:
LEGAL NOTICE shall be published in the Noblesville Daily Ledger a MANDATORY twenty-five (25) days prior
to the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for
inspection the night of the hearing.
Pace 2 of 8 - Use Veriance Aoolication
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,"- "LEGAL NOTICE to all Dning and abutting property o~ners is also DDATORY, two methods of notice ~re
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 ISTHE RESPONSIBILITY OF THE APPLICANT. AGAIN,
THIS TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
The applicant understands that docket numbers Will not be assianed until all suooortina information has
been submitted to the Deoartment of Communitv Services.
The applicant certifies by signing this application that he/she has been advised that all representations of
the Department of Community Services are advisory only and that the applicant should rely on appropriate
subdivision and zoning ordinance and/or the legal advice of hislher attorney.
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I, , Auditor of Hamilton County, Indiana, certify that the attached
affidavit is a true and complete listing of the adjoining and adjacent property owners concerning Docket No.
OWNER
ADDRESS
See attached certificate and list
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AUDITOR OF HAMILTON COUNTY, INDIANA
Paae 3 at 8 - Us.. Variance Aaalicatian
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AFFIDAVIT
I, hereby swear that I am the ownerlllXllklxi~ 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.
sgned~0~~
. - ThOlllils H. Engle
(Please Print)
STATE OF INDIANA
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County of Marion
(County in which notarization takes place)
Before me the undersigned, a Notary Public
for Marion County, State-of Indiana, personally appeared
(Notary Public's county of-residence)
ThOlllils H. Engle and acknowledge the execution of the foregoing instrument this
~,Attorney..Xit~
,,~
-day of March
,ldm 2002
-~~.~. ~tf)o~
Notary Public-Signa re
(SEAl}
Le..s\~"- ~. :S~("'V\L<U
Notary Public':"Please nt
My commission expires:
0v."'Q... G'I \ '2,erO....
Page 4 of 8 - Use Variance Application
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CARMELJCLA Y BOARD OF ZONING APPEALS
CARMEl., INDIANA
Docket No.:
Petitioner:
Martin Marietta MaterialsJnc.
FINDINGS OF FACT. USE VARIANCE
1. The grant of this variance wilL not be contrary to the public interest, due to the existence of special condition(s)
such that enforcement of the zoning ordinance will result in unnecessary hardship because:
see attached Exhibit H
2. The grant of this variance will not be injurious to the pUblic health, safety, morals and general welfare of the
community because:
see attached Exhibit H
3.' The use or value of the area adjacent to the subject property will not be substantially affected in any adverse
manner because:
see attached Exhi bi t H
4. The need for the variance arises from a natural condition peculiar to the subject because:
see attached Exhibit H
5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan
because:
see attached Exhibit H
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use Variance Docket No.
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.
s:'J'acTnslusewlr.:a1lll
R-.:t O1i02197
?age e at e.- Use Yananc:e Applicaaon
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EXHIBIT H
Findings of Fact - Use Variance
1. The grant of this variance will not be contrary to the public interest, due to the existence of
special condition( s) such that enforcement of the zoning ordinance will result in unnecessary
hardship because:
Martin Marietta's existing sand and gravel processing facility is located directly west of
Hazel Dell Parkway from the proposed new location. Relocation ofthis facility is not necessary to
the operations of Martin Marietta. however. in order to accommodate the adiacent residential
community. Martin Marietta is willing to relocate the facility as indicated: enforcement ofthe zoning
ordinance will result in unnecessary hardship in that relocation ofthe facility will be precluded. with
the result that it will continue to operate in its current location indefinitely. contrary to the wishes
of the adiacent residents.
2. The grant ofthis variance will not be injurious to the public health, safety, morals and general
welfare of the community because:
The sand and gravel processing facility will be significantly more distant from the maiority
of residential areas in the vicinity: access to the facility will be by means of the existing entrance to
the property and the amount of traffic will not be substantially different than that which presently
exists at the facility: the proposed use has been approved for location in the floodway by the Indiana
Department of Natural Resources.
3. The use of value ofthe are adjacent to the subject property will not be substantially affected
in any adverse manner because:
The sand and gravel processing facility will be significantly more distant from the maiority
of residential areas in the vicinitv: the facility will be buffered and screened by the existing wooded
area along the eastern side of Hazel Dell Parkway which will remain intact.
4. The need for the variance arises from a natural condition peculiar to the subject because:
The subiect property lies almost entirely within the FW Floodway District and is thus
unsuitable for most development. especially those uses permitted in the S-l District: the need for the
variance arises out of the desire to relocate the existing facility further away from the nearby
residential areas to the west.
5. The granting of this variance does not substantially interfere with the CarmeVClay
Comprehensive Plan because:
The Land Use Plan of the CarmeVClay Comprehensive Plan indicates that the subiect
property lies in the 100 year flood plain and indicates that the area is not planned for either
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Residential Community use (even though located in the 8-1 District) or a Regional and Community
Employment area~ sand and gravel processing is an appropriate use in the floodway area.
INDSOl THE 485558vl
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