Loading...
HomeMy WebLinkAboutCorrespondence: favorable ,\., ;( i',-~i- ~ - KEELER -WEBB ASSOCIATES '1 Consulting Engineers' Planners' Surveyors TELEPHONE (317) 574-0140 . FAX (317) 574-1269 486 GRADLE DRIVE CARMEL. INDIANA 46032 &~~]]t;"^ - \ ~ '..'.?""'-../, (I, :/' . '/ ~ '" (','> ..:;- '<.:> ,,/ ':./\ .G\i! RECENE\) \.j ~ \\~~ 1.?l 1~Q2 .t-i, ..' \ noes ! c:;j) . J;, /'::;1 s;,:;i'-)''>. ~'"., / '",<':/ / """:::__ _.-..~.-:'..., \ ~.}J// /.., ,.;..,\/ ~~ May 27, 2002 Mr. Michael Mohr Carmel Board of Zoning Appeals One Civic Square Carmel, IN 46032 Re.: Martin Marietta Materials UV-23-02 SU-24-02, SU-2S-02,V-26-02, V-27-02 REQUEST TO BE HEARD Keeler-Webb Associates is acting as agent and engineer for, Thomas Crowley who is the new owner of the property immediately adjacent to and north of the above property. Mr. Crowley has purchased the property during the same week as the April 22 Board of Zoning Appeals meeting. Apperantly proper notice was issued to the previous property owner. We respectfully request that the public hearing be reopened for some brief statements in favor of the petitions. We would like to remonstrate in favor of the petition and make the following points: 1. The petitions are in the public interest to move the plant to a location farther away from residential housing and provide superior screening behind a stand of mature trees along Hazel Dell Parkway. 2, Moving the plant to the East side of Hazel Dell Parkway will provide better security and improve the welfare of the community. 3. The use or value of the surrounding property will not be adversely affected since the new plant location is surrounded by mining operations and lies within the flood way of the White River. 4. The development of the surrounding area (Le. residential housing and Hazel Dell Parkway) has made the move necessary in an effort to be a good neighbor. 5. The granting of this variance does not interfere with the Carmel/Clay Comprehensive Plan because the proposed site while zoned S-1 lies within the flood way of White River and cannot be developed. Additionally, the following should be considered when voting on these petitions: . Martin Marietta Materials formerly American Aggregates began operations in 1964. The Carmel Sand & Gravel plant operations began in the early 1980's prior to the development of Kingwood and Wood Creek Subdivisions. . American Aggregate provided their heavy equipment to Carmel, Fishers, and Noblesville to dig out from the Blizzard of 1978. . Martin Marietta Materials formerly American Aggregates is one of the largest landowners in Clay Township, therefore paying one of the largest property tax bills in the area. Indianapolis, IN . Chicago,IL . St. Louis, MO, Cincinnati, OH' Henderson, KY. Jacksonville. FL ,. ;' ~~. :~ .. . Martin Marietta Materials has been working on acceptable solutions to move the existing plant with the homeowners of Kingwood and Wood Creek Subdivisions since 1997. . Martin Marietta Materials has shut operations down every other year to provide Symphony in the Quarry open to the public since 1999. . Martin Marietta Materials has participated in providing many tours from schools and groups of their mining operations. They have also been a major supporter of many youth and scholastic activities. . Several dozen acres have been donated to the City of Carmel for Parks (Northeast comer of Hazel Dell and 116th Street and East of Hazel Dell Parkway). . Martin Marietta Materials has donated thousands of tons of overburden material for the construction of Hazel Dell Parkway for the City of Carmel, and the new bridges over White River for Hamilton County. . Martin Marietta Materials and American Aggregates has sold dozens of acres to the City of Carmel at a cost substantially less than the property value for the construction of Hazel Dell Parkway, Sewer interceptor project, Carmel Utilities Wells, Carmel Police Department training range, and the expansion of the Carmel Wastewater Treatment Plant. . In all of the projects Martin Marietta Materials has undertaken, consideration to setbacks and buffering has been a priority to effectively screen the mining operation from the public. This has provided a habitat for more wetlands and wildlife than anywhere on the Eastern side of Clay Township. All of the man made lakes are alive with many varieties of fish in large quantities and other related fresh water animals. The woodlands and wetland areas preserved along the Cool Creek are teaming with deer, fox, beaver, many indigenous varieties of waterfowl and birds including many migratory species. We thank you in advance for your consideration on our request. Respectfully, KEELER-WEBB ASSOCIATES 1i1oit.?/t; Project Manager MMA-BZA.doc 2 Kingswood Homeowners Association, Inc. POBox 234 Carmel, Indiana 46082 Re: Martin Marietta Materials, Inc.'s Pending Applications ~J !':'1",'; ./ \ \ c.> -,' .>, ,/ \,r '___I ' /-~v '-J " ~)l ~ "'':> hi ~tCt.\'1t\) ~1 ~."\j t......J ,,"1 1~ 1-- \~ ~~ ~ !~; t'j\ . . f\)r;jC~ !!j 1<. dYq 18TT\'- ,i'" t; d \~ May 20, 2002 Board of Zoning Appeals One Civic Square Carmel, Indiana 46032 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 Martin Marietta applications, the Kingswood 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. Because of the relatively short filing period experienced with these applications, the Kingswood neighborhood, as a whole, has not had the opportunity to fully assess the impact of these applications. However I believe 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 continuous 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 sand and gravel sites within the area. While concerns raised have not been resolved to the satisfaction of all neighbors, on balance, based on all 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 f'mallandscape plan (including maintenance) consistent with the final land use plan for this property, the Kingswood 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 Applications 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 overall appropriateness of it: . Guidelines of the Environmental Stewardship Council of the Indiana Mineral Aggregates Association (a copy has been provided to you) . The Aggregate Handbook, National Stone Association . Carmel's Zoning Ordinances (specifically Section 5.2 Special Uses and Section 21.0 SPECIAL USE REGULA nONS) Additionally, the Kingswood Board took the following steps: . We evaluated and considered a survey report of concerns prepared by Kingswood residents and held additional information meetings for all homeowners on Sunday May 19th and Monday May 20th. . Retained a mining expert from EnviRestore (consultants in mining reclamation) to assess the applications. The Kingswood Board also relied on the following commitments and studies performed in connection with the applications: . Elimination of the current adverse impact of an existing processing plant by relocating the plant. . Creation of the largest lake in Carmel as permanent Open Space. . Mining sequence plan designed to minimize the amount of time sand and gravel activities will be conducted directly behind Kingswood. . Reclamation sequence plan that provides reclamation sequencing concurrent with the mining sequence. . A noise study which projects noise levels from dredge operations will not be statistically greater than noise levels currently experienced within the Kingswood neighborhood. . Environmental commitments to water, air, and noise pollution control contained in the Mining and Reclamation Plan. . Property value study (based on assessed tax values) which projects higher property values should be expected from a lake to be created. . Favorable neighborhood experience with the existing sand and gravel extraction and dredge operations. . Maintaining Open Space rather than alternative higher intensity uses placing added burden on traffic and City and school services. In response to comments from BZA Board members at the April 22nd Meeting, a neighborhood survey was conducted. The results of the survey suggested additional information was necessary and indicated the following concerns: o Public safety, especially for children o Decreased real estate values o Noise, dust and debris for 14 years (or perhaps longer) o Property damage o Adverse environmental impacts o Potential for future blasting on the Mueller property o Alternative uses of the property The Kingswood Board, in conjunction with representatives from Martin Marietta, held neighborhood meetings on Sunday May 19th and Monday May 20th to provide additional information on the project parameters to address the concerns raised above. The Applications and the Mining and Reclamation Plan have been revised and additional information has been provided in response to these concerns, specifically: o Martin Marietta has committed that there will be no blasting on the Mueller property site without first obtaining additional use permits from the BZA. In any event, even if such permits were granted, no blasting activity would be conducted on this site before the year 2025. o In response to the length of time that sand and gravel extraction would be conducted, the mining and reclamation sequence has been revised. The sequence is no longer from north to south across the full length of the site. Instead Martin Marietta has agreed to complete the west half of the site (directly behind Kingswood) first before completing the east half. This revision should reduce by about half the length of time extraction activity could have an impact on the neighborhood. o Martin Marietta has agreed to modify hours of operation from 6:00am to 1 0:00pm to only one- half hour after sunrise to one-half hour before sunset. Also to assure that the Reclamation Plan is completed, Martin Marietta has committed to provide Kingswood a surety bond in the amount of $250,000. o In response to property value concerns, an analysis was prepared showing average home sale values in Kingswood for the last eight years. The analysis showed that, even with the existing sand and gravel operation on Kingswood's east boundary, property values have continued to increase during this eight-year period, especially in the last three years. Additionally information obtained from the Hamilton County Assessor indicated that property located on water is generally assessed at a higher value, suggesting that the lake to be created should have a favorable rather than adverse impact on property values. o A noise study was conducted comparing the existing noise levels in Kingswood to the noise level of the dredge and the noise mitigation provided by the berm. The study suggested that noise from the dredge operation would not be statistically any greater than noise levels currently existing. In addition noise from the processing plant operations, which currently impact the east portion of the neighborhood, will be eliminated with the relocation of the plant across Hazel Dell. o Martin Marietta is subject to federal and state guidelines on emissions of dust and debris. o We have requested that the City's Water Department conduct a study of the existing water quality and to monitor future water quality by requiring annual reports from Martin Marietta. The Mueller property is zoned as S-1 Residential which provides for Permitted Special Uses (including mineral extraction). Special Use Regulations (Section 21.1) provide "special uses shall generally be considered favorably by the Board, except in cases where the Board finds the proposed special use obviously inappropriate as a result of special and unique conditions determined as a result of the review procedure (in the Regulation)". The Kingswood Board believes, on balance, that the Applications provide net benefits to the neighborhood and therefore are deserving of favorable consideration. A representative of the Kingswood Board will be available at your meeting on May 28th to provide additional information or respond to any questions you may have. Sincerely, KINGS WOOD HOMEOWNERS ASSOCIATION, INC. Thomas President --- ,:.~~. ~ARNES&niO~URG u ~, 11 South Meridian Street Indianapolis, Indiana 46204-3535 U.s.A. (317) 236-1313 Fax (317) 231-7433 David R. Warshauer (317) 231-7346 Email: dwarshau@btlaw.com ! RECEIVED MAY 21 2002 DOCS www.btlaw.com May 20, 2002 Mr. Laurence Lillig Department of Community Services City of Carmel Cannel City Hall, Third Floor 1 Civic Square Carmel, Indiana 46032 Dear Laurence: Martin Marietta held the first of two meetings last night with residents of Kingswood. One of the owners of property adjoining Martin Marietta's existing sand and gravel site east of Kingswood submitted the enclosed letter. I would appreciate if you would include this with the other correspondence being provided to the Board. S1} David R. Warshauer DRW/rlj Enclosure cc: Bob Furlong (w/enc.) John Schuler (w/enc.) !NDSOl DRW SI0046vl Indianapolis Fort Wayne South Bend Elkhart Chicago Washington, D.C. !tEi f HAY CflVfD 2} 2IJ(}2 S-t~~ ~-\: c1-..~ ~L~ . /JOGS -. i --;;;7' ~ "'- '~"-':" . "'l.-- o o ~~~\~1.bb" - 10 : ~ ~ ~~- 0oo~ o..a.J) k~i~ 1~~,ll.AJ.,..--~~' meeting place l ~ ~ ~~e:.s~.~ ~ o ~\ ~.~~ ~ ~~-~~~~ ~ """'4, ~~~ ~ ~ ~~ ~ \ ~\e.. ~ ~(&..\.~~J \ ~ ~ ~~ 'l fa.....~~ ~ ~~~ ~\ t-"^~ '\v.:.b~ l~~_ I ~^ll,"e:~ 0- ~~ ~-tt.. \M~o~-- - l ~f~ ~.~~ ~~. ~U~.~~ ~%,;:(r cM-~ ~M kW^"tl~~. l ~ ~~~~ a- ~cM~r."~~U- - \ . ~ ~ ~~ ~ 12,,-tL ~n-LL ""^"^'^^-~ "\ ' ' ~("~W ~ ~~ ~ - t W.L~ -tL~-tj4.o ~ ~ )CLL- ~f~9-l ~)~ 0\ ~~V\~ dl~~~ fl\~~l.~ ~ ~~ ~.~ ~ ~i' i ~ r~ ~ ~erw--IU)~~ 0 .1 ~-A:~ ~(jJ v..., <Lf f^"'I' ~ 1 ~ ~l...~ \J'J.-uo=<. L.L . ,. ~J__._~ '.. C~~\JDL . ' s- t o~ s;r.. Q~ ~ (JL/J.CA:.r:-. Inter-Continental Hotels and Resorts. North America. Latin Amenca . Europe. Middle East. Africa. Asia Pacific The Meeting Place is available at over 130 Inter-Continental hotels around the world. For more detai'ls call your nearest Global Sales Office, Inter-Continental hotel or visit: www.interconti.com