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Home My WebLink AboutRemonstrance: Kingswood Presentation 05-28-02 Organization ~ We have organized our remonstrance to address the following points: 1. . The particular physical suitability of the premises in question for . the proposed Special Use 2. The economic factors related tb the proposed Special Use, such as cost/benefit to the community ahd its anticipated effect on surrounding property values 3. The social/neighborhood factors related to the proposed Special Use, such as compatibility with existing uses and those permitted under current zoning in the vicinity of the premises under consideration and how the proposed Special Use will effect . neighborhood integrity.. . ,',-..a.ijj: ...-. ~=~. ,- = a I- tS a ..... a .. a. .-a -en a a- .=-=. = len =en a a: -= = _ .. a ..... _ a: Threat to Water Qualill and Aquifer Contamination :> Martin Marietta's proposal to mine the Mueller property raises the concern that groundwater will be contaminated. Contamination of the aquifer is permanent :> Significant expense will be required to install additional water purification systems or develop new well fields :> Will the public bear this increased cost? :> Poor stewardship of our natural resources Well head Protection ~ What is it all about;J :> Federal Safe Drinking Water Act requires states to establish regulations to protect groundwater supply wells I :> Wellhead Protection Progrflm (WHPP) is outcome of these regulations ! :> Goal of WHPP is to protect the quality of the drinking water extracted from. groundwater aquifers Quotes & F~cts from Jones & Henrv Engineers, lid. Repon (2001] :) "As a result of the increasing number of groundwater contamination problems caused by man's activity reported over the last decade, public attention has been ~rawn to the need for a strategy to manage and protect our groundwater r~sour~es... A,s a result, the Wellhead Protection Program (WHPP) was created." ~ "Consistent with its pro-active approach, the City has decided to update the delineation of theWH P A (wellhead protection area). u" " ~ ''The City of Carmel is experiencing rapid growth to the extent that current, average-day demand is approximately four times the rate estimated in 1994." :> "... it is now estimated that the future, average-day, water demand for year 2020 will be approximately 12 mgd (million gallons per day). This is a substantial increase over the previous estimate and has a significant impact on the size of the WHPA delineated." l' WHPP is important I City believes I that WHPP is important City's water demand is . groWIng rapidly Size of WHP A . . . IS Increasing as demand . Increases Plan View 01 Carmel Wells # 10, 11 & 12 and Proposed Mining , Proposed Mining t North 106th Street Existing Mining ~ ] ~ ~ - d) o - (1) ~ ::0 Cross Section View 01 eilV 01 Carmel Wells & Pro osed Minin Ft. AMSL 750' 730' 710' 690' 670' 650' WEST City of Carmel Well No. 11 Before City of Carmel Wells Installed "Indian Days" Existin Ground Surface Unconfined Sand & Gravel Aquifer LIMESTONE BEDROCK Groundwater flowed from west to east discharging into White River EAST Cross Section View 01 CilV 01 Carmel Wells & Pro osed Minin Ft. AMSL 750' City of Carmel Well No. 11 After City of Carmel Wells Installed but Before Mining i 730' 710' 690' 670' 650' WEST Existin Ground Surface , Unconfined Sand & Gravel Aquifer LIMESTONE BEDROCK EAST Groundwater flow still predominantly from west to east. However, groundwater near pumping wells flows east to west Cross Section View of Cill of Carmel Wells & Proposed Mining Ft. AMSL 750' City of Carmel Well No. 11 Post Mining. . . . . . . . . . . . . . . . . . . . .. 730' 710' CARMEL'S BIGGEST LAKE! Unconfined an Gravel A nifer 690' 670' LIMESTONE BEDROCK 650 WEST EAST Pumping well No. 11 will draw water from Carmel's Biggest Lake. Could this well become contaminated during mining operations? Who is protecting our wellheads & our city's drinking water supply? I lack 01 Public Input i.l Groundwater Issue ! i Groundwa1er E-mail After discussion with Psalm. w~ will hold the comments on the hydrogeologic study until after the hearing. I don't think we should be sending you comments on this that may cause problems at the hearing. Note my paragraph on the issue in our review of the mine plan. Because the sand and graver extraction is such a small part of the study, . discussion of the topic may cause unwarranted concem. We want the larger study because of the focus on the expansion of the quarry. -/ LiIIig, Laurence M From: Sent: To: Subject: Hollibaugh, MIke P Friday, April 19, 2002 10:55AM UDlg, Laurence M FW: Letters re Buffer and Mining Plan here let me know when you are ready fer US to call them --Clr1gInaI Uessa_ From: Gregory H. Sovas ISMTP:gsavas@SPeetnlenv."""1 S8nl: Thursday, Ap~118, 2IlO2 4:02 PM To: M1lcB HoUIbaU1l~ 1E-maJI); KellI Hahn (E-maIl) Co: Psalm A. Wyd<oIf SubJect: l.ellln re Buffer end MInIng Plan Attached are two letters to you: our recommendations on the buffer, and our review of the MM mine land plan. I have FedEx'ed the originals to you. I presume these are what you want per our discussions next week. er discussion with Psalm, we will hold the comments on the rogeologlc study unbl after the hearing. I don't think we should be se Ing you comments on this that may cause problems at the hearing. Nole y paragraph on the Issue In our review of the mine plan. Because the and grevel exlraclion Is such a small part of the study, dlscussl of the topic may cause unwarranted concern. We want the larger stu ecause of the focus on the expansion of the quany. . Call If you hav uestions, and keep us Informed about any developments. We can get to offices about 3:30 pm if you need us on Monday pm. <<SPECTRA rece endation on buffer.doc>> <<Recommendalfons on MM Mine Plan to Holllbaugh.d > Spectra Environmental Group, 19 British American Boulevard Latham, NY 12110 (518)782-0882 www.Speclraenv.cem ~ Ii!J SI'ECfRA Realmmendatlol :munendatlon an bu on MM Mine Pia ~. ,(PII br/:~ ft. .. . ..... . . -= = = CD .. C&I -: .... .- . . -= .- ..... . = E CD u ft. .. CD ... m :&I -= = = a -.. CD ----II: ..... 1- :&I .CD - -= 1- ... m =. E a u ft. .. CD ..... ftI . -= = = a .. CD rI: -= . CD -= -- ..... ftI = E a c:.::t ft. .. CD .... . . -= = = CD .. c.a -= .... --. . CD - .a -- ..... . = E CD u Introduction of Dd~rell. leap, Ph. D. ~ Terra Aqua Geosciences, Inc. ~ West Lafayette, IN Licensed Professional Geologist (IN, # 518) Registered Professional Hydrologist (AIH, #395) i i I i I I I I \ i. i .-a.' ~. .... a' -= .. CD -= -= =- .- m z -a ~ .- a =- en =- =' , . .- ':111:: .='. a ... c.:a, . = = E - Homeowner ORinion Suruev KINGSWOOD NEIGHBORHOOD OPINION SURVEY It is time to express your opinion on Martin Marietta's request to mine sand and gravel South of Kingswood to 106th ,street. This property, commonly known as the "Mueller property", is currently zoned single family residential. On May 28th, 2002, Martin Marietta will request, for the third time, a special use permit to allow surface sand and gravel mining on the Mueller property. Mining may take 14 years or lonqer to complete, and Martin Marietta's proposal includes mining within 150' of the property line with Kingswood. The purpose of this survey is to determine the viewpoint of Kingswood homeowners. Please indicate your preference below. .. Oppose. Mining' . Special Use. Support Mining Special Use Delay Mining Special Use Request until Ordinance is Completed Signature Address . I Comments: ,-- 1-"--' . 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':lb'iO QJllli .ll\iW MIlS 911 HI tU !.fil ~ ~ ;~ ton; ,,11 t:U. ~(r Q-I SL-j ~.."...- t 'l6.Il1S f <lit ::L..~ 1IWi. III J';: ~.~ sUS "Wi Ifl>' .u.. (ii, .111 ~ Ltl &l~. t rJu.. .U> . li.U ,.(,....:. IN ~ r ;'$f~' 1!:' 'lfl,1 '$'1 i!Qf'l 'xll ';:11;; 'it! , Pol!; IX l'fl; ~, MII:i <~j ...- "'\ (It 111 a~l'~ \.'" M \ ~.!,m~. !mt. 'IlJ .'L1I (J(idJ "iI!P . .P~lJ" ..:Cli....' I()!III. ~mi' 6ufl t.flllfOrm "n1 ,~& "6"1 .e<l' Z6 "'. '" (.3 jlf ~c AaAlDS 10 SllnSaa AalUns 10 SllnsaH AaAlns 10 Sllnsaa {:r.r !)fli Jetll .iM. :tw.~ ;'t~r ~l tRI O'~t (~ 'M" !l.I1 tf,/;fWr t~ ~l lJl:ol.;9't1l1 iC ,-z: -"":Jrl.d~lneJruJti. llll/j; ~.I'Ji ltIn L1i", IS IT \'f 'It )(.lIS ~t'~ 'll%~ 6l~; (1\1 otl ,Iff :9$1 ~w;, G11"; . xnt> ~fl1> In 611 E .tl: .'il lIruS L~ ~tt.. M1"; If" r,'l 1l!:iJ!; 'W>' ~.t> tH (:'>1 S<(,: ~ 6916 ~(l ~-, 1iI.'''' ,lit!!> ''''. I~' ~ ll!it1S' HI W 6fit>> iu,.; ,En ~n e;;ai" ~tl AaAlns 10 SllnsaH :Ill CD e = .cn .... -= en ...... - = en CD a: ...~l -:-:...: =- CD i: = M .... a . ..... - = . CD a; =- u i: = en - a en ... = en u II: en CD = .- .:1 e .. CD a', 'CD '," -- . .)= 'CD" . . '.... . ..~.' ca '"a. E" ....,. I..... '. .....'. " o ~ ~ ..... =' CD E en en CD, rn en, ' I,~. ' . ~' . , . . Propenv Values - Pre-existing Investment => Kingswood homeowners invested in their homes with the understanding that they were buying property next to adjacent areas zoned for residential use (8-1), not industrial use. => We expected that homes would inevitably be built there - that's what happens in growing residential areas. => We chose Carmel because of its reputation for safety, emphasis on family and community, and its high standards for protecting and caring for its citizens. => This proposal is at odds with everything we considered when purchasing our homes in Kingswood . . Impact on Propent Values :> MM has suggested that property values in Kingswood wiHincrease because the Assessor's office places a 500/0 premium on homes on a lake. This ignores two factors: '_- ED The property value impact for the 14 years when the lake is a pit; m The definition of lake - natural vs. man-made, public vs. private, etc. , ' , - " '-- .. , ' . . "... . . -. :> MM also presentedalO-year.(1992-2002}sales history showing, " appreciationio Kingswood home values. This ignores three factors: .. Ii Any impact-from existing mining would already be factored into the purchase' price, ,- of the homes in 1992. . '.- .. . ---.- m The current mining proposal is not factored into ANY of our purchase prices II There has not been a study of appreciation rates of comparable subdivisions in Carmel to reveal any negative impact on Kingswood :> In short, no comprehensive or conclusive data has been presented . by MM or the City to mitigate homeowner's concerns regarding negative property value impacts en = = -- ... c:a .. C) = = = = 0_ .... en 1- M ... .... = en e .. = ... ,. -, . \..~ ," ... 'It).! .- ' a. en = a 1- ..... ftI .. :.. e = = = = .1- ..... en 1- M ... ' -. a en e .. = ..... u -- II. en = = -- .... ca .. = = = = = -1- ... en 11- M ... .... = en = .. = ... U -- a. en = = 1- ..... ca .. = = = = = -1- ..... en 1- M ... -. = en = .. = ..... U 1- a. rn = = .- ... ca ... u = = = = 1- ... rn O_ M ... .... = rn u .. = ... u .- a. en = = -- ..... ca ... CD = = = = -1- ..... en 1- M ... ..- = en CD .. = ..... 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UI5 ~. -.22' OliWEDI 15:20 ~.- yo' - SETILEMENT .AND RELEASlC AGREEMENT THIS SETI'LEMENT AND RELEASE AGREEMENT is entered into IS of the 17th day oeMay, 2002 by and among Kingswood Homeowners Association, Inc., an Imliana not. for. profit corporation ("Kingswood"); Martin Marietta Materials, Inc., a North Carolina cOlporation, ("ManiA Marietta''); Hughey, Inc.. an Indiana CllIporaUOD C'Hughcy"); the City oC Cannel, Indiana, an Indiana municipal corporation (the "City"); and the City of Carinel and Clay Township Board of Zoning Appeals (the "BZA''). This Agreement is effective when executed by aU parties and is premised OD the following recitals which arc incorporated into the Agreement . - RECITALS -N~L CCl....~('o.t..\.. A Martin. Marietta and the Helen M. Mueller Conservatorship ("Mueller") are parties to a certain lease dated January 1, 2000 with respect to certain real estate located in Hamilton County, Indiana, coIDprising 237 acres, more or Io&s, and more particularly descn"bcd on Exhibit A attached hereto and maclc a part hereof (the "Mueller Property"). B. Martin Marietta is tlie owner of certain real estate located in Hamilton County, Indiana; ,Jocated north of 96"t Street and south of 106'" Street-depicted on . Exhibit B attached hereto IilId lnAliea part hereof (the "Martin Propcrty"); C. Martin Marietta and Hughey are parties to a certain agreement and lease dated August 8, 1998 with respect tD a portion of the Martin Property cOJnprising 8.18 acres, more or less, and more particularly described on Exhibit C attached hereto and made a part hereof (the "Hughey Premises''). Martin Marietta leased the Hughey Premises to Hughey for the purpose of operating a ready mix cOII.Cr.ete plant and related activities (the "Hughey OpeIatioDS'~. D. In an agreement with .American Aggregates Coxporation, the predecessor in intt!:rest to Martin Marietta dated November 5, I !I!I7 with rc&pect to construction ofHu:el Dell Parkway (the "Hazel Dell Agreement''), the City agreed that the operatiDils on the Martin Property (i) were outside an ''urban area" as. defined by LC. i 36-7-4-1103; and (ii) cOllStitute existing, legal nan-conforming uses pursuant to case law and as defined in Cannel's current zoning ordinance. . E. On May 30, 2000, Kingswood brought suit against (i) the City; (ii) Steven Engleking as Director of the Department of Community Services of the City of Cannel; (Hi) thc BZA, consisting of members Charlo& Weinkauf, Pat Rice, Leo Dierckman, Michael Mohr and Earlene 'plavchak ("Board Mcmbcrs'~; (iv) Martin Marietta; and (v) Hughey in the Hamilton Superior Court, docketed as Cause No. 29DOS-OI 10-CP-2/69 (the "Lawsuit"), The Lawsuit sougbt declaratoI)' and mandatory relief, ane! alleged, m w that the mining of the Mueller Property by Martin Marietta and the Hughey Operatiollll were undertaken without obtaining appropriate land use apprOval from the City. . F. The City, the BZA, Martin Marietta, and Hughey (together, the "Defendants") denied and continue to. clcny the claims of Kingswood in the Lawsuit, and ore enterlng into this Agreement to avoid the expense and uncertainty of ti;rther litigation. Neither .. Kingswood BIard Conduct "MERIDIAN GROUP MORTGAGE. I "TEL:3178434161 "P.007 .JlY. -.12' 021WEDI 15:20 MERIDIAN GI. -.22' 02(WEDI 15:18 -,... .. SETTLEME and gravel from the Mueller Properly north of 10611I Street, it shall pay the City $5,000.00 to monitor Martin Marietta's compliance witQ the Commitments. Such paYtllC!1t shall be due 00 the first day of the second month following approval of the Applications and on each lIlI!Iiversary thereof. 8. For each calendar year or part thcrcafthat Martin Marietta is extracting sand and gravel from the Mueller Property uenh of 106'" Street, it shall pay the Kiugswood an amount to be used for puhlication of a IGngswood dim:tory, maintenance of common . " .., gbborhood. The flJ'st n the first day of the U!!at payment shall be f the first day of the r so long as Martin reclamation on the eeling of Kingswood N~ -L. Co....+ t"o{..\., more or less, and re partil paIt hereof (the uHu Hughey for the purpose ":Hughey Operations''). D. In an agreement t int!rest to Martin Marietta da Dell Parkway (the "Hazel De Martin Property (I) were outE (ii) constitute existing, legal r Cannel's c\1Tl'entzOJIins ordin E. On May 30, 2000 Engle1cing as Director of the: (iii) the BZA, consisting of Michael Mohr and Earlenc P: Hughey in the Hamilton Sup (the "Lawsuit''). The Lawsuit .iliJ, that the mining of the Operations were undertlken' City. F. Thc City, the BZA, denied and continue. to deny into this Agreement to avoid sed wIth prejudice. . DISCHARGE the 11 of theirprcscnt or gents and directors, from any and all claims,. demands, losses, damages, ~uries, actions or causes of action with respeCt to, on aCcount o( arising out of or in any way connected with the allegations of Kings wood in the Lawsuit. 2. Kingswood recogniZes. that the uses now established on the Martin Marietta parcels property, including but not limited to the Hughey Operations, constitute legal, nonconfimning uses. HoweVcr, Kingswood also recognizes that, except as provided in Section D below, existing non-conforming uses !Day not be substantially modined, ~panded, or added to without a chanSt!) of zoning classification or BZA approval of a s cial use or variance. . Kingswood also rcco~ that upon approval of the Ap 'cations, Marlin Marietta shall have a vested tigbt to commence and complete sand and el extraction on the ~ucller Property as requested in such Applications. 3. Kingswood shall not opposc the enactment of an Overlay Ordinance permitting sand and gravel extraction on the Mueller Property. D. Agreements of Hughey 1. Hughey shall not expancl its operations at or beyond the Hughey l'reiDises without appropriate governmental approvals, except the parties agree that Hughey may, provided it bas entered into valid lesse or other asreements with Martin Marietta, (il continue to utilize the area between the Hughey Premises and the cxislil1g berm along the south right-of-way line of 10tr" Street, as depicted an Exhibit C aU&cl:Ied hereto and made a pan hereof for outside product storage and (ii) expand tbe ground floor square footage 7 I' Kingswood Board Conduct "MERIDIA.~ G/,-.22'02IWED) 15:18 MERID1A. .f,-22'02(WEOI15:l9 MERIDIAN GROUP MORTGAGE TEL: 31784341&1 ~Y. -.22' 021WED) 15:20 -.- ." SETILEME N~-L C\l"'~ro.t..\-. more or less, and rc partiJ part hereof (the "Hu Prl Hughey for the purpose op "Hughey Operations"). D. In an agreement ~ int~rest to Martin Marietta da Dell Parkway (the "Hazel De Martin Property (I) were oull (ii) coustitute existing, legal ( Cannel's current ZOJ1ing ordill E. On May 3D, 2000 Engleking as DiTCCtor of the : (iii) the BZA, consisting of Michael Mohr and Earlene P: Hughey in the Hamilton Sup (the "Lawsuit"). The Lawsuit Jilii, that the mining of the Operations were undertaken' City. F. The City, the BU denied and continue to deny into this Agreement to avoid . and gravel trom the Mue to monitor Martin Marl due aD the first day of each 8III1iversary thereof. 8. For each caled and gravel from the Muell J amOUDt to be used for p~ from any and all claims. d with respect to, on account ofKingswood in the LawSl 2. Kingswood recl parcels property, includinl nonconf'otming uses, Hay Sectioll D below, existlnl xpanded, or added to wit s .' cia! use or variance. Ap 'cations, Martin Marie and el ~tnction on thl 3. Kingswood Shi pennitting sand and gravcl D. Agtecments ofHugbey 1. Hugbey sball n without appropriate goven: provided it has entered in' cOlltiDUC to utilize the area south right-of-way line of 1 a part hereof for outside pr P.009 . IN WITNESS WHEREOF, this Agreement bas been executed as of the date first set forth above. MllnN~ By: . . ~ ~.hiI2CilPl -"""')/ .' Its vP ~ rY1 KINGS WOOD HOMEOWNERS ASSO~' . By. C{fl~:1 gnaturc) ~ ';tw5 c_ ~OLlC((' "uted name) PA GSt De~f HUGHEY, INC. Its ,. . J ;.I..vT" IN~O' llRW '!lD841.,Q 9 , ~~~t~l':;".";:';_. I --- - ,.-,~-~-'-" ... ..... --. -...~-.- ~:?~~-~~:.:.".:",,-,,~,--~-~-;'.:::.::'''~~:--- _: ~ Kinuswood Board Conduct / . Kingswood Homeowners Association, Inc. POBox234 . Carmel. InJiana 46082 May 20, 2002 Boardof.Zomng Appeal! One.Civic Square Carmel, Indiana 46032 Re Martin Marietta Materials, Inc. 's Pending ApplicatioD: Dear Board Members I represent the Kingswood Homeowners Association Board with regard to the above applications. In an effort to assist you in your review of the five pending MartiJi Marietta applications, the Kingswooc Homeowners Association Board has reviewed the applications, met with the City's and Martin .. Milrietta's representatives; held twO neighborhood meetings on May 19lhand May 20"', and retained legal counsel and other experts in environmental matters and mining reclamation. Because of the relatively short filing period experienced with these applications, the Kingswoocl neighborhood, as a whole, has not had the opportunity to fully assess the impact of these applications. Howeverlbelieve'you are aware that the Kingswood Board has been following these developments over the past three years and has reported to the neighborhood on a contbiuoUs basis. Additionally Martin Marietta as worked closely with Kingswood in the design of their mining and reclamation plans, and for the most part has been receptive to our suggestions. During this process, I have researched mining regulations in other jurisdictions, consulted with environmental consultants, and visited san~ aile gravel sites within the area. While concerns raised have not been resolved to the satisfaction of all neigh'bors, on balance, based on aU of its reviews, meetings, and assessments, and subject to resolution of outstanding environment concerns that may need to be addressed by the City and submission of a final landscape plan (including maintenance) consistent with the finallaDd use plan for this property, the Kiagswood Homeowners Association Board supports the recommendation of the Department of Community Services for favorable consideration. The Kingswood Board is making this recommendation based on its extensive review of the Applicatiom and after considering the concerns expressed in both a neighborhood survey and in the aforementioned meetings with its residents. Throughout this process, we have relied 011 the folJowing references and/or regulations as means to help us become better infonned about the proposed project, to weigh the pros and cons, and assess the overa1: appropriateness of it: Guidelines of the Environmental Stewardship Council of the Indiana Mineral Aggregate! Association (a copy has been provided to you) Kingswood Board Conduct / . Kingswood Homeowners Association, Inc. POBox234 . Carmel. Indiana 46082 May 20, 2002 Board.of-Zoning Appeal! One Civic Square Carmel, Indiana 46032 . Re Martin Marietta Materials, Inc. 's Pending Application: Dear Board Members I represent the Kingswood Homeowners AssociatioD Board with regard to the above applications In an effort to assist you in your review of the five pending Martii1 Marietta applications, the Kingswooc Homeowners Association Board has reviewed the applications, met with the City's and Martin Marietta's representatives, held two neighborhood meetings on May 19111 and May 20111, and retained legal counsel and other experts in environmental matters and mining reclamation. Dear Board Members I represent the-Kingswood Homeowners Association Board with regard to the above applications. In an effort to assist youin your review of the five pending MartiD. Marietta applications, the IGngswoo( Homeowners Association Board has reviewed the applications, met with the City's and Martin Marietta's representatives, held two neighborhood meetings on May 19th and May 20th, and retained legal counsel and other experts in environmental matters and mining. reclamation. Homeownen Association Board supports tbe recommendaUon of tbe Department 01 (;ommunlty Services Cor Cavorable consideration. The Kingswood Board is making this recommendation based on its extensive review of the Applicatiom and after considering the concerns expressed in both a neighborhood survey and in the aforementioned meetings with its residents. Throughout this process, we have relied on the following references and/or regulations as means to help us become better informed about the proposed project, to weigh the pros and cons, and assess the overat appropriateness of it: Guidelines of the Environmental Stewardship Council oCthe Indiana MineraI Aggregate: Association (a copy has been provided to you) Kinuswood Board Conduct ./ _ Kingswood Homeowners Association, Inc. POBox214 . Cannel, IntiMQ 46082 May 20, 2002 Boardor.Zoning Appeal! One Civic Square Carmel, Indiana 46032 . Re Martin Marietta Materials, Inc. 's Pending Applicatiom Dear Board Members I represent the Kingswood Homeowners Association Board with regard to the above applications In an effort to assist you in your review of the five pending MartiJi Marietta applications, the Kingswooc Homeowners Association Board has reviewed the applications, met with the City's and Martin Marietta's representatives, held two neighborhood meetings on May 19lh and May 20lh, and retained legal counsel and other experts in environmental matters and mining reclamation. Dear Board Members I represent the Kingswood Homeowners Association Board with regard to the above applications. In an effort to assist you in your review of the five pending MartiD Marietta applications, the Kingswoo( Homeowners Association Board has reviewed the applications, met with the City's and Martin Marietta's representatives, held two neighborhood meetings on May 19lh and May 20lh, and retained legal counsel and other experts in environmental matters and mining reclamation. Homeowners Association Board supports tile recommendation of tile Veparnnent of (;ommuntty Services ror lavorable consideration. The Kingswood Board is making this recommendation based on its extensive review of the Applicatiom and after considering the concerns expressed in both a neighbodiood survey and in the aforementioned meetings with its residents. Throughout this process, we have relied on the foUowing references anei/or regulations as means to help us become better informed about the proposed project, to weigh the pros and cons, and assess the overaJ: The Kingswood Board is making this recommendation based on its extensive review of the Applicatiom and after considering the concerns expressed in both a neighborhood survey and in the aforementioned meetings with its residents. Kingswood Board Conduct ./ : Kingswood Homeowners Association, Inc. POBox234 Carmel, Indiana 46082 May 20, 2002 Boardof.Zoning AppeaI~ One Civic Square Carmel, Indiana 46032 . Re Martin Marietta Materials, Inc.' sPending Applicatioru The Kingswood Board is making this recommendation based on its extensive review of the ApplicatiOn! and after considering the concerns expressed in both a neighborhood survey and in the aforementioned meetings with its residents. Throughout this process, we have relied on the following references and/or regulations as means to help us become better infonnedabout the proposed project, to weigh the pros and cons, and assess the overar The Kingswood Board is making this recommendation based on its extensive review of the Application~ and after considering the concerns expressed in both a neighborhood survey and in the aforementioned meetings with its residents. en = D -- ..... . a- U -= -- en = D U U en -- D :II: -= = .. e u '- . en SAFETY CONCERNS :) The sand and gravel lagoon will be approximately 1 00 feet from Carmelot Park, and only 150 feet from the property line with Kingswood. :) Mines, quarries and sand & gravel pits hold a special allure to children and even adults seeking adventure SAFETY CONCERNS ~ After reclamation, MM will create two "safety" benches. At the lower bench, the water is expected to be 2 feet deep for 10 feet. At 11 feet from beginning of the bench, the water will be ~40 feet deep. 2' 10' ~ .40' -:) False sense of security: A child would feel safe walking in water 2 feet deep with no idea of the 40 foot drop off 11 feet from the edge Accidents ~ Nationwide non-mining accidents on mine property: 111999 - 17 people died, 8 under the age of 18 1!12000 - 29 people died, 9 under the age of 18 1!12001 - 31 people died, 16 under the age of 18 ~ Source: u.s. Department of Labor Mine Safety and Health Administration Drowning Facts ~ Drowning is the 2nd leading cause of injury related deaths in children age 14 and younger. ~ Drowning is the LEADING cause of injury related deaths among children ages 1 - 4. Source: Centers for Disease Control and Prevention: National Vital Statistics System. NCHS; 1998. Source: Wintemute GJ. Childhood drowning and near-drowning in the United States. AIDC 1990; 144:663-669 , .\1:}. 'e = 0 ~ 0 = \I:}. · cd ..= .. \I:}. elllllllC J..4 U (JJ ~ 0 I J..4 55 ~ u (JJ J..4 'e .. ~ =.~ OIJ' 'E <~z en . ~<~i Noise Pollution - Eanh Moving Equipment ~ MM has stated that overlay clearing would occur only between November and March ~ MM has not provided any estimate of the noise levels from earth moving equipment ~ No enjoyment of "Indian summer" days for 14 years without overburden removal noise ~ 14 years x 5/12 = roughly 6 years of heavy equipment . nOise fi This is comparable to or maybe in excess of the time it takes to build a residential subdivision I Noise Pollution - "lake" :) There is no way to estimate how much noise would be created from recreation1al use of the "lake" iii There is no plan in place for what kind of activities would be permitted :)This would affect the neighborhood FOREVER! . I Noise Mitigation - RWlsidential Housing CD E .. CCI e -. CD e I- e CD .I: ... -= = CCI 1:1 = 1- = I- E 1991 MM and Carmel Agreement For Hazel Dell Parkway Rights :> On November 5, 1997, American Agg regates Corp. (predecessor to MM) entered into a contract with the City of Carmel regarding the right of way to extend Hazel Dell Parkway. :> I urge the aZA to review this 1997 agreement. II The City acknowledges that American's mining operations and the operations of any Related Industries may Subject the City. . . to noise, dust, truck traffic, blasting, vibration and other ~ . . Inconveniences. Excerpt From Pages 13-14, Carmel-American Aggregates AgreementlCont.J :> The City covenants, on behalf of itself and its successors-in-interest that it shall not initiate any proceedings or take any action, or participate in any proceeding or action, to limit, prohibit, or restrict American's and its successors in-interest mining operations. or the operations of Related Industries located on American's real estate. ~ . The City does -hereby waive, release, forever discharge and covenant not to sue American, its successors-in-interest, their lessees. . . for any and all claims, demands, injuries, actions and causes of action at law or in equity, past, present or future, any damages or other claims arising - our of non-negligent mining operations, and/or non-negligent Related Industries operation, including by way of illustration, and not limitation, property damage including diminution of property value, emotional distress, loss of peace of mind and happiness, discomfort, inconvenience, annoyance, disruption, nuisance or tre~pass. Flood Classification oftbe Mueller Propenv :). There is some confusion over the class"ification of the Mueller property. The Mueller property located east of Hazel Dell Parkway is in the floodway fringe. :) A small portion of the Mueller property located between Hazel Dell Parkway and Gray Street lies in the 500 year flood area, but the majority may be developed free of any flood classification concerns. (see Panel 229 to 1998 Preliminary Flood Insurance Rate Map for Hamilton Country, Indiana.) en = a -- .... en . = =' -= . .. . =- en = ca = = . Future Unanswered Questions :> What if adjacent property ownars do not purchase the land offered to them? Who maintains those areas? :> Who is going to maintain the so-called "lake?" iii Will the lake have public acces~? I!l1 What type of water craft would be allowed? iii How much noise would "lake" traffic generate? I!l1ls this compatible with a "lake" feeding an active well? I!l1 How might these factors impact our property values? :> What if the "lake" has problems like those at Eagle Creek Reservoir which has had alga.e problems and smells bad or the lake at Bay Hill that costmillions to repair? . \ _:':f:~ --~~ - ~ ------~~- ----- - en = CD 1- en = - u = CD ..~ -= = . en 1:1 = 1- -= = 1- ... ~---- ~-- -----~-- -~~----- Findings :> Mining proposal will reduce groundwater levels. i :> Mining proposal may contaminate the aquifer. :> Mining may require expensive new filtration equipment or development of new well fields. :> Mining will have an immediate adverse impact on property values. . :> Mining is opposed by the majority of Kingswood residents. :> Mining raises significant safety concerns. :>. Mining will reduce quality of life due to noise, dust, etc. I Conclusions :) We believe that MM's mining request raises significant issues relating to groundwater :) It poses an immediate and negative impact on property values :) And it creates significant safety issues to the public and Kingswood :) For these reasons and others, we request the BZA to . I deny MM's Special Use P~rmit to mine the Mueller property. Carmel CommunilV ~ "In Carmel, we have the unique opportunity of living in a growing community where we can shape the design of our City and determine its direction and future. In all of our planning, we must carefully consider what kind of community we want to pass on to our children. There are many reasons people have chosen to call Carmel home. Some of you were born here, some moved from nearby communities to find a quieter, safer environment, some camefor quality education and still other came for employment. But, the majority of citizens here are looking for the same thing... a strong sense of community and a good place to raise a family. " - Jim Brainard, State of the City Speech, November 7, 2001 ~ Carmel: A Wonderful Place to Call Home - "The City of Carmel is knownfor its safe, quiet, family-oriented neighborhoods. " - From the "At Home In Carmel" section, City of Carmel web site ~ "The City of Carmel is one of the most dynamic communities in the Midwest. A northern edge city adjacent to Indianapolis, Carmel is a city that represents a vibrant mix old and new, tied together by corporate headquarters, high quality neighborhoods, and clean/attractive business and shopping districts. " - From the Department of Community Services section, City of Carmel web site