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Home My WebLink AboutApplication V-26-02 & V-27-02 . 't. ...... -: ~ 'I,.i/~O .'2~. :>";.. #' CITY OF CARMEL . CLAY TOWNSHIP HAMILTON COUNTY. INDIANA APPLlCA nON FOR BOARD OF ZONING APPEALS ACTlON DEVELOPMENTAL STANDARDS VARIANCE REQUEST FEE: $450.0ci-for the first plus $50.00 for each additional section of the ordinance being varied. DOCKET NO. DATE RECEIVED: 1). Applicant Martin Marietta Materials, Inc. Address: 1980 E. 116th Street,: Carmel, Indiana 46032 I , , 2) . Project Name: Phone: Engineer/Architect: Attorney: Thomas H. Engle Max IIi 11 i ams Phone: 573-4460 - phone: 231-7499 3) , .Applicant's Status:. (Check the ~ppropriate response) '(a) The applicant's name.ison the deed-to the property (b) The applicant is the contract purchaser of the property x (c) Other: Long-term lessee of the property. 4) If Item 3) (c) is checked, please complete the following: Owner of the' property . involved: He 1 en Moffitt Mue Her Owner's address; 5345E. 106th Street, Indianapolis, IN .46280* Phone: 5) . 'Record of Ownership: , Deed Book No.llnstrument No. 9557535 (see also 9754848' to City of Carmel) Page: Purchase date: October 24, 1995 6) Common address of the property involved: 10750 River Road. Indianapol is, IN 46280 Legal description: See attached Exhibit A Tax Map Parcel No.: 17-1<Hl9-00-o0-019.000 7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section number( s) of the Carmel/Clay ~oning Ordinance whic~ applies a!Jd/orcr~tes,.th~ neecMor-frlis request). See attached Exhibit 0-' *J. Michael Antrim. Church.Church Hittle & Antrim. 938'Conner Street Noblesville Indiana. 46040? 773-2190, attorney for the Helen M. Mueller Conse":'atorship · . .. . .. ~- .,.... l". 8) State reasons supporting the Developmental Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact:.Qevelopmental Standards Variance"). '.. . See attached Exhibit E 9) Present zoning of the property (give exact classification): 5-1 Residence District; also partially in . . FF Floodway Fringe 10) Size of rot/parcel in q!Jestion: 105.981 acres 11) Present use of the property: farm land/mineral .extraction 12).-Describe the proposed use oithe property: surface sand and gravel extraction - 13) Is' the property:' Owner.occupies! ',: Renter occupied x Other 14) Are there' any restrictions, laws, covenants, variances, special' uses, or appeals filed in connection with this property thatwQuld relate or affect its use for the specific.purpose of this application? If yes, give date and docket number, decision rendered and pertinent explanation. . Special Use filed concurrently he~th 15) Has work for which this application is being tiled already started? If answer is yes, give details: 10 Building Permit Number: Builder. 16) If proposed appeal is granted, when will the work commence? Inmediately 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? . Martin Marietta Materials, Inc. NOTE: LEGAL NOTlCE'shall be p!lblished in the Noblesville Daily Ledaer a MANDATORY twenty-five (25) days prior to the public hearing date. The certifieti "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing. LEGAL NOTiCE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: ' 1) CERTlF1ED MAlL - RETURN RECElPT 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.) -"" f I I i .;: Ii' .'~,": 1 ^<I . . ';:'f MINING AND RECLAMATION PLAN SAND AND GRAVEL EXTRACTION BY MARTIN MARIETTA MATERIALS, INC. MUELLER PROPERTY 106th Street and Hazel Dell Parkway Carmel, Indiana 1.0 INTRODUCTION n1V'~ ~ ."_'.:-::~;''''~~ ::) I~ -~ /"'-. ~ -":'. \ /?:)J ~ (;', 1f)j~f01A Af') ""''''i/''f/)!7. lir,f ". r/~ .( ');- ^ <ct.'z'!') tJOCS "r" The following report summarizes the mining and reclamation plans of Martin Marietta Materials, Inc. ("Martin Marietta") for sand and gravel extraction on the Mueller property in Clay Township, Hamilton County, Indiana north of l06th Street. 2.0 - MINING PLAN 2.1 Introduction -------- 2.1.1 Location of Mine i't- ~" 5 ~(" . #V~ ~ ~l ..., pllW" ~(,~. The general geographic location of the proposed MiD Road on the north side of 106th Street, in Carmel, CI. proposed Mine site is presently located outside the Indiana, though it is expected to be brought with annexation case, Annexation C-214. The proposed:N Street. 2.1.2 Adjacent Land Use Features ff ~ -( O'\.... \J Kingswood subdivision and an existing Martin Mariett ,.' ~./' the proposed Mine site to the north. The Martin Marit ~ _ __" 'i uarry and related facilities are located south of 106th Street. Martin Marie.La owns additional property east of Hazel Dell Parkway. A City of Carmel well site is located to the west of the proposed Mine site. 1 ;. 2.2 Present Conditions of the Land 2.2.1 Mining History and Land Use The proposed Mine site has been used for agricultural pwposes, with the exception of the small portion excavated for sand and gravel extraction prior to May 2001. The sand and gravel extraction operation was stopped pursuant to the request of the Kingswood Homeowners Association in May 2001. A portion of the Mine site, at the comer of Gray Road and 106th Street is wooded. This portion will not be mined. There are several areas of scrub fencerow vegetation. The majority of the Mine site is cultivated agricultural fields. 2.2.2 Topography The Mine site is located west of the White River. The Mine site is generally flat. Elevations in the - Mine site range from a low of approximately 742 feet above mean sea level ("amsl") to a high of approximately 750 feet amsl, with most elevations approximately 746 feet ams!. 2.2.3 Drainage and Surface Water No perennial streams are located within the proposed Mine site. All drainage from mining shall be controlled by dikes, barriers, and drainage structures, such as retention basins, or settling ponds sufficient to prevent any chemicals, compounds, mixtures, silt, debris, or loose materials from entering into or filling any existing drainage course or encroaching on streets or adjacent property, or entering into any stream, pond, well, subterranean waterway or other body of water on the Mine site. Martin Marietta will conform to any applicable legal requirements with respect to drainage 2.2.4 Groundwater The excavation of the Mine site will result in the creation of a lake. Most of the water collected in the lake will be direct precipitation and groundwater infiltration with only a minor contribution from surface runoff. The maximum elevation of the lake will be controlled by natural interaction with groundwater. The sand and gravel extraction will not adversely impact groundwater levels. 2.2.5 Man-made Features There are no-man made features, other than the portion previously excavated by Martin Marietta for sand and gravel extraction, on the proposed Mine site. 2 .' ,- . 2.2.6 Vegetation A portion of the Mine site, at the comer of Gray Road and 106th Street is wooded. This portion will not be mined. There are several areas of scrub fencerow vegetation. The majority of the Mine site is cultivated agricultural fields. 2.3. Mining Method 2.3.1 Description of Mineral and Mining Method Martin Marietta will develop a sand and gravel extraction operation north of 106th Street, to commence in 2002 and continue for approximately 14 years, depending on market conditions. Overburden will be removed using earthmoving equipment, and sand and gravel will be removed through use of a floating dredge. The sand and gravel will be conveyed through a pipe to a processing plant not located on the Mine site. 2.3.1.1 Excavation Equipment Sand and gravel extraction shall be accomplished through a floating dredge and booster pumps. 2.3.1.2 Mining Seqllence A phased approach to mining and concurrent reclamation plan will be employed. A proposed mining sequence is attached. Mining will be initiated by stripping overburden. Overburden will used for berms or sold. From the overburden removed during sand and gravel extraction, Martin Marietta shall construct an . earthen landscape berm approximately six (6) feet in height on the north side of 106th Street (except the wooded portion ofthe Mueller Property located directly south of the existing park at the northeast comer of Gray Road and 106th Street). . 2.3.1.3 Buffer Martin Marietta has proposed a buffer of 150 feet from Kingswood Subdivision to the sand and gravel extraction. This area shall not be used for any other use in cqnjunction with sand and gravel extraction, except removal of overburden in order to create slopes to the lake to be created, landscape berms, storage of overburden forlandscaping purposes or the for the construction of visual barriers, and screening, provided that a minimum setback of 10 feet will be provided between the toe of the visual barrier and the exterror boundary of the Mine site. 3 ,~ 2.3.1.4 Disposal of Waste Materials Refuse generated on site such as paper debris, food stuffs, and any industrial waste generated by maintenance activities will be placed in on-site dumpsters and periodically removed by a qualified contractor to an approved landfill or waste disposal facility. 2.3.1.5 Traffic Traffic impacts will be minimal. Sand and gravel will be conveyed by pipe to a processing facility. 2.3.1.6 Hours of Operation All overburden removal on the Mueller Property north of I06th Street shall be completed during daylight hours (between one half hour after sunrise and one half hour before sunset), during the months of November through March, ana only on days other than Saturday or Sunday. There will be no sand and gravel extraction on Sundays. 2.3.1. 7 Mine site Facilities 2.3.1. 7.1 Aggregate Processing and Manufacturing Area There will be no aggregate processing or other mining- or manufacturing related activities, other than _ sand and gravel extraction utilizing the dredge, on the Mine site. 2.3.1.7.2 Other' Facilities The sand and gravel extraction operation will require the use of petroleum products such as hydraulic fluids, motor oil and fuels. The storage of these products shall meet all applicable guidelines and regulations contained in applicable environmental laws. The use of the dredge will necessitate refueling from a portable tank mounted on a truck. Refueling may occur on a daily basis and will therefore require the truck to be parked on site. On-site sewage disposal facilities will consist of portable lavatories (i.e. port-a-johns and holding tanks). 4 -: ~ "1.:-. r. 'i"I:'.;' ;. ~~. ::.~' ~ ~.... .:...~~ ~ ~ '''';1 ~":'.;:.j . ..i.~ ~f~;~:.~!~r ~~..~.<.. ,.. .. "'~~("'~"i,~il~ . :'::""4.,...1'.:: :;,' "!~;.'-....."~~ < ':., . ~t . ~"'I:"'~' k;q:i;J:l ~t"~~~~ .. ., ..... ~,'. ..; .. "'. '" .. ~~.~ ,;. . ~ .1.'::"":" @] ..J. . iiI ~. ~ '. 9 l'~ ';;;'.' ':1 00( i. ',: :'~' ': \.. ". .':;:J~., Ii; 't)::.t. . I i ~~":':!ii! to , 1~ ~" .':' ~, :5 :~. .; 8; ;;~. ~.:~< . .~. '~ ~)." ~: ;:};. . ',~ :'~. :' ".:'::'." ~. -:'. . :.; ~.., .~~ ~" ;;.:;;;';.':" :', , .J>fu~..' · t .~ .. ~\.". '?~.: . :~.:; I, .._., r:, }' ::~t~~:..\ ; ;."..... ... '../. ~! :'i < 12 .. ~ ~~... - I~:':: ~ . ..,. ~ n~;...; ~~ . ".' '. .. ~:~..:.... . . , >:t.' ... ..' .;. .-l., . :~~~;. .' ~: :: .:~~ . :~ .' . .. ..~...:~ ."'1: .~ ,.. i~~}~',::,~"." ':":"'\~'.' :~'";>::"',.":"' '.'....:.:.;,. "-:--"': :.~.'(: " '.! .r..' " ~':;:h' ~.' -.. '. ~,' mD. '" , .~: . ~E~" -' l13D~VO ~.~ 'ALIOJ '. It .t(~; J "J~',. . '.,~.. .~ 's;. . ,.... I;" '.;.~:. . .>?.i. ',:1. .~. t:r..... ~:_; " '. !...f..;.:: . ::'r~;'" . ::~:::~ .,' ~; :.:;..: .... ,',', ',", 1'. "':~;7,;'''I,'_~"\~."",.",-,:,.'''';~'-''', ><:': ,,,,,.::t'<>7~~'."<"-' ". .,'--;":'t-.-r..',""'_~'..",:,,\,,:' ,,':'C~..~'.'.,....<~.,,':';',' :~ji.~' .' ."~ ~," -uti 'ill'..-'{ ~.~ '. .~. _:'::>"~"~ .::,:,:-:.;; ", I I I . . . . ,.. ';:.;,~~:~t~!-~f;~:(' ..t" -li]' . -".,: '~'';"~:''~::..;~ ..:.).;'.' , ._.t~.,,~<,:, -:'~:-":~;r , ..Ift}..~ _ . {I~,:ir.. :', <f, ~.,..' t,~. ~ .. . ';,. ,"'fj ?\'::":;;;:":~,;!, ' \', 'i/~ ~. "k:~. .......;,,; '!i '~~~;:~ila ....,. ......: '-:":Ji -.... -,...... .~--",r__ ."'i'. ;; 2.4 Pollution Control and Prevention of Environmental Damage 2.4.1 Air Impacts Air quality at the Mine site will be affected to a limited extent by the generation of fugitive dust during operations. Dust particles generated froni internal transportation and removal of overburden will be retained on the Mine site. The size of dust particles generated by these sources are large compared with other sources and as a result, any dust generated will quickly settle to the ground and remain on the Mine site. Martin Marietta shall obtain and maintain all permits required for its operations pursuant to state and federal air pollution control laws and regula!ions. Martin Marietta shall also implement the following controls to minimize the generation of dust on the Mine site and minimize potential impacts to air resources: - 1. The setback areas to be left surrounding the proposed extraction area will serve to mitigate the potential for air impacts. 2. All interior roads and stockpile areas that will experience vehicle traffic shall be sprayed with water on an as needed basis to minimize the generation of dust. Records of water applications shall be retained for a period of at least three years at the site, and made available to the Department for inspection and copying. 3. . Overburden berms will be graded and seeded promptly following completion of the berm to minimize wind erosion and help trap any fugitive dust within the Mine site boundaries. 4. Overburden removal shall be limited to the area expected to be mined during two operating seasons, except where Martin Marietta desires to construct earthen berms around any portion of a Mine site. 5. Trees and other existing natural vegetation will be left in and around the site perimeter (life of mine boundary), where practical. 6. Martin Marietta will obtain permits for equipment as required pursuant to appropriate Indiana Department of Environmental Management regulations. 2.4.2 Noise Impacts 1. The dredge generates minimum noise. There is no blasting associated with sand and gravel extraction; 5 ~..,. ... <I 2. Noise from equipment is limited to meet the standards of the Mine Safety and Health Administration; 3. Vegetative cover will be retained in all areas outside the plant and stockpile area that are not being mined or prepared for mining; 4. Hours of operation will be limited as set forth in this plan; , 5. The Mine site will utilize an existing processing plant that will not be closer to any existing residential area than currently; and 6. Berms on the property boundaries will act as barriers to mitigate off-site noise levels. All plant employees and equipment operators will be instructed in the operation of equipment to reduce noise. Below is a list oftechniq~s that will be employed at the Mine site to reduce noise: 1. Employees will be instructed in the proper operation and maintenance of all equipment; 2. Employees will be instructed not to "race" the engInes of any equipment unnecessarily; 3. Employees will be instructed to report any operating irregularities in equipment that may increase the level of noise generated by that equipment; . 4. Vehicle speeds will be controlled to reduce engine noise during interior transport of material and; 5. All plant equipment will be properly maintained and secured. 2.4.5 Erosion Impacts Soil erosion will be controlled pursuant to an erosion control plan approved by the Indiana Department of Environmental Management. 2.4.6 Visual Impacts Mitigation measures include: 1. Reclamation of areas where mining has been completed to restore vegetation; 2. From the overburd~n removed during sand and gravel extraction, Martin Marietta shall construct an earthen landscape berm approximately six (6) feet in height on the 6 .' north side of 106th Street on the Mueller Property (except the wooded portion of the Mueller Property located directly south of the existing park at the northeast comer of Gray Road and 106th Street). 3.0 RECLAMATION METHOD 3.1 Reclamation Methods and Schedule Martin Marietta shall reclaim the Mine site (except the wooded portion of the Mueller Property north of 106th Street located directly south of the existing park at the northeast comer of Gray Road and 106th Street) as a lake with (i) slopes no steeper than 3 to 1, (ii) a waterline not less than 150 feet from the nearest property line in the Kingswood Subdivision and (iii) domestic grass coverage of not less than eighty percent per square yard. Reclamation shall begin on the northern portion or'the Mine site, closest to Kingswood Subdivision, and move in a southerly direction. All reclamation shall comply generally with the reclamation guidelines adopted by the Indiana Mineral Aggregates Association, a current copy of which shall be provided to the Director annually. 3.2 Sequential Reclamation Plans Reclamation will occur, where possible,. concurrent with ~g. Concurrent reclamation will minimize the exposed (unvegetated) land surface necessary for mining and thereby reduce dust, erosion and visual impacts. Consistent with the Reclamation Principles, areas incidental to mining other portions of the Mine site, such as haul roads and stockpile areas, will not be reclaimed until they are no longer used. 3.3 Final Reclamation Plans and Objectives After sand and gravel extraction has ceased and pumping has stopped, the area of sand and gravel extraction north of 106th Street is expected to fill with water creating a lake. The lake will eventually have a project water elevation of approximately 722 above mean sea level, depending upon seasonal variation. The resulting lake will provide habitat for a variety of aquatic resources such as plants, fish and amphibians, as well as providing temporary habitat for migrating birds. The lake will also provide a visually pleasing amenity for the adjacent homeowners in Kingswood. Upon completion of the sand and gravel extraction, Martin Marietta shall take no actions to drain the lake created, nor to reduce the water level below natural fluctuating levels. The final land-use objectives for the reclaimed Mine site is the lake described above. Portions of a strip ofland 150 feet wide adjoining Kingswood Subdivision will be offered for sale to adjoining property owners in Kingswood. 7 -: .2~::.~~~::":.:::::,',\~~:;~.;~~ :i";,lli': ~'::'~' :~~S:::::.:o~'.; ') .':' ,'~' ,;-.: .:::,'~ ::, ~~', ,~~::.':;,,--,~::i.~;,t\~~'.~:..~~:..';.;:,:.i '.:.:i\~ ~',~, ''-:.:.',~:~.::..;.'.'.'~~.~.':.<': ' .':-';' " .:;;~-.:..,: S,': ~',~\',,~"~'::,',,':c:;:.\';~~':,\'.-"i':;'\:. ...~:.:J.:''-ll~.-,l'_'_;, ".'.:', ~'....,:.:. \ .,_':.,c:,' j::,',',::..,.\:- .: ':,-<\~'.:'{S,; ;\~ '. ,.'..::,_'_';',; \'.' ',:,~';:::::,:,,~.:;.;:,::~'.~:,',\\':~:':.~\;_~'.::, '_' ~;l\,'~, '::~ '~:.,;:\;~\.c', ~'_~'i'.;;~:.:~'::\\\\'.~;', ,,: '. ~ ;. '..~.':;'::X:..', ~;,,_::::'~'s.,;:;:;.:~"'i:~~'1~'.i'}' ',:','~':,,';', . '; "i ,/ ' 3.4 Disposition of Buildings, etc. Within two (2) years after the completion of reclamation of an area, Martin Marietta will remove and dispose of all equipment, parts, machine, tools, and structures in that area not compatible with the reclamation plan. Screening berms will be retained. Any unused overburden will be sold or removed from the Mine site. INDSOI DRW 4987074v2 - 8 ,r# .~~.;., I?~ '0'7 me /Additional Commitments for Special Use ~ ~ritten description of proposed operations for dredge mining, including a list of equipment :f!;~' to be used (including dredge, pumping stations, etc.) that may impact noise pollution. Indicate current average and maximum decibel levels from MM operations at site boundaries . and comparable levels to be expected from operations on the Mueller property. Hours of ~~ operation for dredging operations not to begin before 12 hour after sunrise and end 12 hour r" . before sunset. No dredging operations to be conducted on weekends or holidays. . 11';jJ. ~~Written description of the noise abatement features that will be incorporated at the relocated ~~II' oP'lJ site of the processing plant. Indicate the current average and maximum decibel levels from ~,nJCVtt MM operations measured at current adjacent properties and the average and maximum levels J('v being proposed at the relocated site. ~eport by a qualified environmental engineer evaluating the noise level commitments in I) and 2) above as consistent with residential zc:ming. _ ~~~~~.tU;/~ ~dicate methods and practices for wastewater recovery and recycling, indicating that wastewater from dredging operations will be recovered on the east side of Hazel Dell and recycled back to the west side of Hazel Dell. s.yJ\ mining sequence plan indicating that the sequence of sand and gravel extraction on the Mueller property will be completed south of Kingswood first before the balance of Mueller property. ~ommitment that Martin Marietta will complete sand and gravel extraction on the Mueller property north of I06th Street prior to beginning any sand and gravel extraction south of I06th Street, or on Martin Marietta property north of I06th Street. ~ ~ ~ - I ?ycommitment that Martin Marietta will complete sand and gravel extraction on Martin Marietta property north of I06th Street prior to beginning any sand and gravel extraction south of I06th Street. &y'Reclamation plan indicating reclamation sequence concurrent with the mining sequence. A written description of landscaping and berms to be provided during and after extraction between Mueller property and Kingswood. The stripping process should be performed in such a manner as to control the migration of sediment outside the affected area. A Storm Water Pollution Prevention Plan (SWPPP), including the effects of overburden removal, should be developed. Plan for retaining sufficient overburden on-site to complete the reclamation plan should be included. ~A written commitment as to the use and maintenance of the Mueller property prior to overburden removal. (]fivhl1-~ i7J cj tiJ>hL ~-~~ .. -/' - --.. ~inallandscape plan prepared by a landscape architect and acceptable to a majority of tv ~~ingswood property owners adjacent to Mueller, indicating slopes beginning 50 feet from 10 v.& JGngswood property lines to the water line at 150 feet from Kingswood property lines, but SePv~, rd"hot to exceed a slope of3 to 1. Underwater ~lnp;llg..ehould be indicated, including design . design from Kingswood property lines to the water line. Also indicate landscape plan for ~ . reclamation not adjacent to Kingswood. A landscape maintenance plan should accompany landscape plans covering both properties adjacent and non-adjacent to Kingswood. ~ritten commitment to the site plan and other matters presented to the Kingswood neighborhood on Thursday, Marchl4th. 12) Written commitment that MM will not assert that the Mueller property is outside an urban area and will not conduct any mining or related operation on the Mueller property, other than sand and gravel extraction in accordance with this special use, without obtaining a rezone or other zoning approval. 13) In addition to offering to sell property to adjacent Kingswood property owner, offer an option of a landscape easement to property owners who do not wish to purchase the adjacent property.? ?fl!Pj fL,(f; ~ 14) All commitments to be complete and sufficient for DOCS review. Where any commitment is subject to a future contingency, MM to provide alternative commitments so as to achieve the environmental issues herein. All commitments to be enforceable by the City and, upon appeal, by the BZA. 15) Martin Marietta to pay Kingswood $5,000 per year commencing with the approval of a sand and gravel Special Use Permit and as long as sand and gravel operations are being conducted on Mueller property north of 106th Street. " i~ . --; ~,IV''5 c.- ~ \ ,- ~">;.- ~ DOCKET NO. DATE RECEIVED: FEE: 1) Applicant: Martin Marietta Materials, Inc. Address: 1980 E. 116th Street, Carmel, Indiana 46032 2) Project Name: Phone: Engineer/Architect: Max Williams Phone: 573-4460 Attorney: Thomas H. Engle Phone: 231-7499 3) , Applicant's Status: (Check the ~ppropriate response} ,(a) The applicant's name is on the deed to the property (b) The applicant is the contract purchaser of the property x (c) Other: Long-term lessee of the property 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Helen Moffitt Mueller Owner's address: 5345 E. 106th Street, Indianapolis, IN 46280* Phone: 5) Record of Ownership: Deed Book No./lnstrument No. 9557535 (see also 9754848 to City of Carmel) Purchase date:' October 24, 1995 Page: 6) Common address ofthe property involved: 10750 River Road, Indianapolis, IN 46280 'Legal description: See attached Exhibit A Tax Map Parcel No.: 17-14-09-00-00-019.000 7) State explanation of requested Developmental Standards Variance: (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance which applies and/or cre~tesjhe need'for this request). See attached Exhibit 0 ~.Michael Antrim, Church, Church Hittle I Antrim, 938 Conner Street Noblesville Indiana, 46040, 773-2190, attorney for the Helen M. Mueller conse";'atorshiP , Page 1 of 8 - Developmental Sland,ards Variance Application ~"i.' ~ ~.~ u u 8) State reasons supporting the Developmental Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Developmental Standards Variance"). . See attached Exhibit E 9) Present zoning of the property (give exact classification): 5-1 Residence District; also partially. in FF FloodNay Fringe 10) Size of lot/parcel in question: 105.981 acres 11) Present use of the property: farm land/mineral extraction '12) ''Describe the proposed use of the property: surface sand and gravel extraction 13) Is the property:' .Owneroccupie(j Renter occupied x Other .14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this property that would relate or affect its use for the specific purpose of this application? If yes, give date and docket number, decision rendered and pertinent explanation. . Special Use filed concurrently he~th 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 will the work commence? IlIIIIediately 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? Martin Marietta Materials, Inc. NOTE: LEGAL NOTICE shall be published in the Noblesville Dailv Ledoer a MANDATORY twenty-five (25) days prior to the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: 1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty-five (25) days prior to the public hearing date.) Page 2 of B - Developmental Standards Variance AppllcaUon \_------ ~h ,. ~i. o u 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty-five (25) day notice should be kept for verification that the notice was _ completed) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. ' The applicant understands that docket numbers will not be assianed until all suooortinainformation has been submitted to the Deoartment of Community 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 his/her attorney. . I, I Auditor of Hamilton County, Indiana, certify that the attached (Please Print) affidavit is a true and complete listing of the adjoining and adjacent property owners of the property described herewith. OWNER ADDRESS See attached certificate and list Auditor of Hamilton County, Indiana-Signature Date \ Page 3 of 8 - Developmental Standards Variance Application ,"" i ~i.. u u AFFIDAVIT . lessee I, hereby swear that I am the ~_II. 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 hearin,gs and'testimony. Sgned:~~ . "~"(=o'- ~,All ,_-.;,..)- Date for Lessee . . I\O\'\'l~S H.EVl5~ '(Please Print) STATE OF INDIANA SS: County of Marion, (County in which notarization takes place) Before me the undersigned, a Notary Public for Marion (Notary Public's county of residence) County, State of Indiana, personally appeared Thomas H. Engle (~Attorney, .~~ and acknowledge the execution of the foregoing instrument this 6~ day of Marion ,2002 'i (SEAL) ~~ o...~ Notary Public--Signatur '-.<2-S \~c... ~';S,~~I/\Le.-r . Notary Publi~--Please Prin My commission expires: , 3 '-^'" ~ '2."f\ , ~C1, . Page 4 of 8 - Developmental Standards Variance Application .' ~, f' ~ u u CARMEUCLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: Martin Marietta Materials. Inc. FINDINGS OF FACT. DEVELOPMENTAL STANDARDS VARIANCE 1. . The,approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: - See attached Exhibit E 2. The use and value of the area adjacent to the property Included in the variance will not be affected in a substantially adverse manner because: See attached Exhibit E 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: See attached Exhibit E . DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Developmental Standards 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 ,20 - CHAIRPERSON, Carmel/Clay Board of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). S:\carmeldaylanduseregs\checklist\devstandapp Revised 1/25/2000 Page 8 of 8 - Developmenlal Slandards Variance Application I _ - u w EXHIBIT A Legal Description Part of the South Half of Section 4, Township 17 North, Range 4 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana, described as follows: Beginning at the Southwest comer of Section 4, Township 17 North, Range 4 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana; thence South 89 degrees 55 minutes 56 seconds East (assumed bearing) on the South line of said Section 4, a distance of3302.24 feet to the Westerly line of real estate conveyed to the City of Carmel, Indiana, by a document titled "Certification of Clerk" recorded in the Office of the Recorder of Hamilton County, Indiana, as Instrument Number 9709754848; (the following seven courses being on the Westerly line of said real estate) 1.) thence North 00 degrees 04 minutes 04 seconds East 16.50 feet; 2.) thence North 60 degrees 23 minutes 05 seconds East 57.55 feet; 3.) thence North 89 degrees 50 minutes 43 seconds East 254.47 feet; 4.) thence South 81 degrees 22 minutes 39 seconds East 198.24 feet; 5.) thence North 25 degrees 45 minutes 13 seconds East 826.18 feet; 6.) thence North 21 degrees 15 minutes 23 seconds East 576.29 feet; 7.) thence North 07 degrees 37 minutes 09 seconds East 180.00 feet to a point on a line that is parallel with the South line of said Section 4, and extends Easterly from a point on the East line of the Southwest Quarter of said Section 4 that is 154.10 feet North of the Southeast comer ofthe North Half of said Southwest Quarter; thence North 89 degrees 55 minutes 56 seconds West on said line 1718.86 feet to the aforesaid point on the East line of said Southwest Quarter, being also the East line of KINGSWOOD SUBDIVISION, SECTION THREE, a subdivision in Hamilton County, Indiana the Secondary Plat of which, as amended December 22, 1988, is recorded in said Recorder's Office as Instrument Number 8900204 on pages 111 and 112 of Plat Book 16; thence South 00 degrees 07 minutes 43 seconds West on the East line of said Southwest Quarter 154.10 feet to the Southeast comer ofthe North Half of said Southwest Quarter; thence North 89 degrees 51 minutes 18 seconds West on the South line of the North Half of said Southwest Quarter 1521.03 feet to the Northeast comer of real estate conveyed to the City of Carmel, Indiana, per a Deed recorded in the Office ofthe Recorder of Hamilton County, Indiana on page 865 of Deed Record 329, said comer being 1146.65 feet East of the Northwest comer of the South Half of said Southwest Quarter; thence South 00 degrees 27 minutes 42 seconds West on the East line of said real estate 918.75 feet, per the aforesaid deed, (919.89 feet by measurement) to the Southeast comer of said real estate, said comer lying on a line that extends South 89 degrees 51 minutes 29 seconds East, measured parallel with the North line of South Half of said Southwest Quarter from a point on the West line of said Southwest Quarter that is 406.45 feet North of the Southwest comer of said Section 9; thence North 89 degrees 51 minutes 29 seconds West on said line and the Westerly prolongation thereof, a total distance of 1145.58 feet, per the aforesaid deed, (1144.55 feet, by measurement) to the aforesaid point on the West line of said Southwest Quarter, said point being also the Southwesterly comer of real estate conveyed to the City of Carmel, Indiana, by a Warranty Deed recorded in said Recorder's Office as Instrument Number 8726638; thence South 00 degrees 19 minutes 51 seconds West on the West line of the Southwest Quarter of said Section 9, a distance of 406.45 feet to the place of beginning, containing 105.981 acres, more or less. INDS01 THE 414475 4 .u o EXHIBIT D Application for Development Standards Variance Martin Marietta Materials, Inc. requests a Variance from the Development Standards for surface sand and gravel extraction and creation of an artificial lake on the portion of the "Mueller Property" located north of 106th Street and described on the attached Exhibit A. (See also the accompanying application for Special Use.) A. The Mueller Property is currently in an S-1 residential district. Section 5.2.2 of the Carmel/Clay Zoning Ordinance ("Ordinance") requires a 300 foot minimum perimeter.N aturalOpen Space buffer when adjoining or abutting any residential use or district. Petitioner requests a variance from this requirement to: (1) reduce the required buffer to 150 feet where abutting the existing residential development to the north (Kingswood); and (2) reduce the required buffer to 100 feet where abutting other property not owned by Petitioner or for which Petitioner does not have mining rights. . B. In connection with this application, Petitioner offers the following commitments to accompany the requested Special Use approval: Proposed Commitments: 1. General Operations Restrictions. All operations on the Mueller Property shall be subject to the following restrictions: (a) All overburden removal on the Mueller Property north of 106th Street shall . be completed during daylight hours (between one halfhour after sunrise and one halfhour before sunset), during the months of November through March, and only on days other than Saturday or Sunday. Martin Marietta shall also cause any operations under its control to be undertaken and conducted in a manner so as to minimize noise, dust, light or smoke impact on surrounding properties. (b) From the overburden removed during sand and gravel extraction, Martin Marietta shall construct an earthen landscape berm six (6) feet in height on the north side of I06th Street on the Mueller Property (except the wooded portion of the Mueller Property located directly south of the existing park at the northwest comer of Gray Road and I06th Street). (c) No surface operations will be undertaken on the wooded portion of the Mueller Property North of 106th Street located directly south of the existing park at the northwest comer of Gray Road and 106th Street. l u Q (d) All trucks entering public streets from operations conducted by Martin Marietta north of 96th Street shall have covered beds. ( e) Martin Marietta shall be responsible for all environmental matters arising from its operations and shall indemnify and hold harmless the adj acent landowners in the Kingswood Subdivision with respect to any losses,. claims or costs arising therefrom. 2. Processing Plant. If Martin Marietta is permitted to commence sand and gravel extraction on the Mueller property by May I, 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 106th Street on the west side of Hazel Dell Parkway and adjacent to the Kingswood Subdivision . to a new location just 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 audib1e' signals, for all equipment as permitted by applicable legal requirements. The existing tree buffer on Hazel Dell Parkway will be maintained and shall not be disturbed. I " :1 'I ,:1 3. Reclamation; (a) Martin Marietta shall reclaim the Mueller Property north of 106th Street (except the wooded portion of the Mueller Property north of 106th Street located directly south of the existing park at the northwest comer of Gray Road and 106th Street) and the Martin Marietta property between 106th and 116th Streets abutting the Kingswood Subdivision and west of Hazel Dell Parkway as a lake with (i) slopes no steeper than 3 to 1, (ii) a waterline not less than 150 feet from the nearest property line in the Kingswood Subdivision and (iii) domestic grass coverage of not less than eighty percent per square yard. Martin Marietta will submit a reclamation plan to the City's consultant for approval. Reclamation will begin on the northern portion of the Mueller property and move in a southerly direction. (b) All reclamation shall comply generally with the reclamation guidelines adopted by the Indiana Mineral Aggregates Association, a current copy of which shall be provided to the Director annually. (c) Upon completion of the sand and gravel extraction, Martin Marietta will undertake no actions to drain the lake created, nor to reduce the water level below natural fluctuating levels. -2- I u o 3. Disposition of Property. (a) Subject to approval of the court overseeing the Helen M. Mueller Conservatorship and the co-conservators thereof (the "Mueller Owners"), Martin Marietta shall cause the Mueller Owners to sell, at fair market value, to such adjacent landowners as elect to purchase it, good and marketable title to the 150 foot wide portion of the Mueller Property located adjacent to and lying between the adjacent owner's lot in Kingswood Subdivision and the lake to be created. In the event any adjacent owner elects not to purchase such land, the next adj acent landowners on either side shall be offered such land. Ifboth elect to acquire it, it shall be split between them. Ifneither elects to acquire it, it shall be maintained by Martin Marietta and/or the Mueller Owners or their successors or assigns. The conveyance to adjacent landowners shall be made no later than the time all sand and gravel dredge operations on the Mueller Property North of 106th Street are completed. The conveyance shall be free of any liens, easements, encumbrances or other restrictions created by Martin Marietta. The property so conveyed shall be subject to all applicable use and developmental restrictions and all covenants contained on the plat of the Kingswood Subdivision and Martin Marietta shall use reasonable efforts to encourage the amendment of the Kingswood Subdivision plat to include the conveyed property. (b) Subject to approval of the court overseeing the Helen M. Mueller ConserVatorship and the co-conservators thereof, Martin Marietta shall cause to be conveyed to Hamilton County or the City of Carmel, as the case may be, a forty-five foot half right of way along the northern edge of 106th Street measured from the existing center line of 106th Street. INDSOl THE 414473v2 -3- w u EXHIBIT E Findings of Fact - Development Standards Variance 1. The approval ofthis variance will not be injurious to the public health, safety, morals and general welfare of the community because: The boundary with the adiacent residential subdivision will be fenced, and will still leave a substantial buffer area: Petitioner is proposing specific commitments to conduct the operations in a manner so as to minimize noise, dust, light or smoke on the surrounding community: the subiect property will not be open to the public during operations and will not contain any facilities which will attract criminal activity: the operations will not produce waste or trash. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: The artificial lake resulting from the reclamation of the property, as provided in the Commitments indicated in Exhibit B, will increase the property values of the adioining residential properties in that those properties will become lakefront properties: other properties in the vicinity will increase in value to the extent that the artificial lake is open to the public: the Commitments require relocation of the existing adiacent sand and gravel processing facility further from the existing residential areas. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: The current requirements of the Ordinance will result in "significant economic iniury" to Petitioner. if the complete use of the sand and gravel mineral resources cannot be realized. See Metrovolitan Board of Zoning Apveals of Marion County v. McDonald's COrTJoration. 481 N.E.2d 141 (Ind. Ct. App. 1985). The resulting artificial lake. landscaping. berms and other reclamation commitments will accommodate for the requested variance. INDSO 1 THE 414469 u u AFFIDAVIT I, hereby swear that I am the owner/contract purchaser of property involved in^this application and that the foregoing signatures, statements and answers herein contained and the information herewith submitted are in alF respects true and correct to the best of my knowledge and belief. I, the undersign'ed, authorize the applicant to act on my behalf with regard to this application and subsequent hearings and testimony. Date I-/E!'b"A/ MUElLER (Please Print) STATE OF INDIANA SS: County of I-! A-/v11 L TO;V (County in which notarization takes place) Before me the undersigned, a Notary Public ;-IA-MII-,O;V (Notary Public's county of residence) If&" I-~ IV M ~I d Y ff-€02 Co - c..oN>€R.Vkwt2.,r;. . ~ I3RU~SI bR.V,N ,B(<ljl(<; I <J- ~lc.. C.~~~oWledge the execution of the foregoing instrument this (Property Owner, Attorney, or Power of Attorney) County, State oflndiana, personally appeared for f 7J!:.. day of :r-4-N . ,200 ~. Notary Public-Signature (SEAL) :r IV( lC-~~L- ANne 1M Notary Public--Please Print My commission expires: to-l\f- 0\ (f) ~a: 00 '. 0 z.r "- a::--- c:( . :;m~ .---.- --- -, , , 8-2 -8-1 :AROLlNA. 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Indiana 46080 ----- ---- ----- -.~---._--------_.__._-------------._-"-----_. - - . - / / ...=r..;,;;;;;.-.....1'.r:~~~j-.. --..../WEU.fE- ENG-INEERS,-.INC~'- .....- ai- ".-"..'.....,....,.... ","'.". ...', ,I~\~I\-::n~ ......,. .n1. :...1....... "i"1f I.'..... ,.:, . . .. .. -- ..1'0. ' ~ II .~~.1 :;:~I~':.Il..t::..:- ~,;' .., ...... ~;:"~~:I~~;. , . ,I '1 ;:-.... . li. .; \ :" / ._.C .:/ I THIS IS NOT A PERMIT P u State of Indiana DEPARTMENT OF NATURAL RESOURCES Division of Water. FLOODPLAIN ANALYSIS I REGULATORY ASSESSMENT File: GN-16056-0 Request Received: January 29, 2001 Requestor / Agent: Waterbody: Community: FEMA Map Id / Map type: Request Site: Request Description: Base Flood Elevation: (BFE /100 Year Frequency flood elevation ) Flood Protection Grade: Floodplain Limits: Regulatory Assessment: Other Requirements: Special Comments: Contact Staff: Barnes & Thornburg Thomas Engle 11 South Meridian Street Indianapolis. IN 46204 Blue Woods Creek Map Date: Adjacent to and extending north from 106th Street approximately 1325 feet, and adjacent to and extending west from Hazel Dell Road approximately 3850 feet at Carmel, Clay Township, Hamilton County Downstream: S%, Section 4, Township 17N, Range 4E, Fishers Quadrangle A request conceming the described tract of land. Details of the project are contained in information and plans received at the Division of Water on January 29, 2001. This tract does not lie in the 1 OO-year floodplain of Blue Creek or tile West Fork White River. Therefore, projects proposed on this tract do not require the approval of the Department of Natural Resources under IC 14-28-1, unless a dam is to be constructed. This site may. however, have localized drainage problems, which you may want to address as you develop your project's plans. The f100dway information shown on Attachment A for Blue Woods Creek (and the West Fork White River) was obtained from the Preliminary Flood Insurance Rate Map of Hamilton County, Map N~mber 18057C0229 F, dated September 9, 1998. Laura K. Kannapel, Engineering Assistant, Technical Services Central Basin. If you have any questions please contact the above staff member at (317) 232-4160 or 1-877-928~3755 (toll free). Thank you for this opportunity to be of assistance. ,1/# ~~ Date: February 8,2001 Herbert J. Bcs6nger, P.E. Section Manager Division of Water Attachments: A - Floodplain Location Map ,~'t<: Barnes & Thornburg Thomas Engle 11 South Meridian Street Indianapolis, IN 46204 Hamilton County Plan Commission Hamilton County Gov. and Judicial Center One Hamilton County Square, Suite 138 Noblesville, IN 46060 Staff Assignment Administrative Technical : Laura K. Kannapel : Laura K. Kannapel u STATE OF INDIANA W DEPARTMENT OF NATURAL RESOURCES SERVICE LIST FARA #: GN-16056 US Army Corps of Engineers, Louisville District Regulatory Functions Branch . c/o Mr. Jim Townsend PO Box 59 Louisville, KY 40201-0059 Carmel Department of Community Development One Civic Square Carmel, IN 46032 KtNGSWOOD DR '- ~ 0 ;D HUNTINGTON DR [ ST CHARLES PL ZONE X City of Carmel (Extraterritoria1]urisdiction) 180081 . //fJl~~////4i ~i& 8/0- /t;65t . / / ZONE X ~ E l06TH ST f////l kI;JT~~C4.k~a~7 8'dw.r . &(;qJry hr .&te 4JD/J./J C/Z'~K ~ I D4~.i../) G~/ ~v/j ~ fA).IIi" i?on.e 4e (/tJt>-yr. M/)'/ /A-i. ~v#~~) ZONE X ;' IS" ~ APPROXIMATE SCALE 500 0 I--i I--i I--i IFOLD 500 FEET I FIRM FLOOD INSURANCE RATE MAP HAMILTON COUNTY, INDIANA AND INCORPORATED AREAS PANEL 229 OF 290 (SEE MAP INDEX FOR PANELS NOT PRINTED) NUMBER PANEL SUFFIX F F F CARMEL. 0lY OF 180081 0229 FISHERS. TOWN OF 180082 0229 NOBLESVILLE. CI1Y OF ~ 0229 ro1 OO~ an ~ n m M, IVl1 If' E. ~- 9.1998 U ~ . '. 1 ~ 1 i , .f .~ . '~".;.:;r.~'-:i~4~"~M~:' ..,- ..-..:-:... Nali.... to User: The MAP NUMBER shOwn below should be U3ed when plecfng mep orde",; the COMMVNIlY NUMBER shown ebove should be used on illSUlllllC8 epplicetians for !he subject community. MAP NUMBER 18057&0229 F MAP REVISED: Federal Emergency Management Agency DEWBERRY &. DAVIS D FRAME - u o ...J o '"" ::l: -5: I .- TRIM 4'" I r J - ~~ Identified 1983 '\ LE NO, SPECIAL FLOOD HAZARD AREAS INUNDATED BY 10o-YEAR FLOOD ZONE A ZONE AE .. ZONE AH ZONE AO ZONE A99 ZONE V ZONE VE No base flood elevations determined. Base flood elevations determined. Flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations determined. Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. For areas of alluvial fan flooding, velocities also determined. To be protected from 10o-year flood by Federal flood protection system under con- struction; no base flood elevations deter- mined. Coastal flood with velocity hazard (wave action); no base flood elevations determined. Coastal flood with velocity hazard (wave action); base flood elevations determined. FLOODWAY AREAS IN ZONE AE ZONE X OTHER FLOOD AREAS OTHER AREAS ZONE X ZONE D Areas of SOo-year flood; areas of 10O-year flood with average pepths of less than 1 foot or with drainage areas less than 1 square mile; and, areas protected by levees from 10o-year flood. Areas determined to be outside SOO-year floodplain. Areas in which flood hazards are undeter- mined, but possible. UNDEVELOPED COASTAL BARRIERS* -513- ~ , << ,<1 Identified 1990 or Later ~:~~i Otherwise Protected Areas Identified 1991 or Later * Coastal barrier areas are normally located within or adjacent to Special Flood Hazard Areas. Roodplain Boundary Roadway Boundary Zone D Boundary Boundary Dividing Special Rood Hazard Zones, and Boundary Dividing Areas 9f Dif- ferent Coastal Base Rood Elevations :Within Special Flood Hazard Zones. Base Flood Elevation line; Elevation in Feet*- Cross Section line D___ c:t..........1 el_-..a...._ ._ C'.-~ ,,,n......--. 11_:1...._ u o ~ o to. ," , '7\'-' ,. _ ,}' .. ..:. \, .", . "':"'-\''''h~'~........". ... ; u u ~:-=-rr--,;'~-'" , /A\;./;" - . ....:. " , 1<'/ 1- r::/ ~f0. (:J APlt((;f€fr;~@ , 11 2002 " Docs t_ Cross Reference: Deed dated , _ and recorded on in the Office of the Recorder of Hamilton County, Indiana. , _ as Instrument No. CO~TMENTFORUSEOFREALESTATE INCIDENT TO SPECIAL USE AND VARIANCE The undersigned, Martin Marietta Materials, Inc. ("Martin Marietta") hereby makes the following commitment to the Carmel Clay Board of Zoning Appeals ("Commitment") incident to the grant of a Special Use and Variance from Development Standards for the Undersigned's proposed operations (the "Operations") to be located on real estate located in Hamilton County, Indiana and described on the attached Exhibit A which is incorporated herein, which real estate is referred to as the "Mueller Property." 1. General Operations Restrictions. All surface mining on the Mueller Property shall be subject to the following restrictions: (a) All overburden removal on the Mueller Property north of 106th Street shall be completed during daylight hours (between one halfhour after sunrise and one halfhour before sunset), during the months of November through March, and only on days other than Saturday or Sunday. Martin_Marietta shall also cause any operations under its control to be undertaken and conducted in a manner so as to minimize noise, dust, light or smoke impact on surrounding properties. (b) From the overburden removed during sand and gravel extraction, Martin Marietta shall construct an earthen landscape berm six (6) feet in height on the north side of l06th Street on the Mueller Property (except the wooded portion of the Mueller Property ,located directly south of the existing park at the northwest comer of Gray Road and l06th Street). (c) No surface operations will be undertaken on the wooded portion of the Mueller Property north of l06th Street located directly south of the existing park at the northwest comer of Gray Road and l06th Street. ,. u Q (d) All trucks entering public streets from operations conducted by Martin Marietta in Clay Township north of 96th Street shall have covered beds. (e) Martin Marietta shall be responsible for all environmental matters arising from its operations and shall indemnify and hold harmless the adjacent landowners in the Kingswood Subdivision with respect to any losses, claims or costs arising therefrom. (f) Sand and gravel shall be extracted only through the use of a floating dredge. Such extraction will be done in the sequence depicted in the Mining and Reclamation Plan submitted by Martin Marietta in connection with its Special Use application. 2. Processing Plant. 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 processing plant located north of 106th Street west of Hazel Dell Parkway and adjacent to the Kingswood Subdivision to a new location just east of Hazel Dell Parkway and north of 106th Street. Such ne:w 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 31, 2004 with completion of such move to occur no later than March 31, 2004. Martin Marietta shall terminate all processing operations at the current site of the processing plant as soon as the relocation of the plant is completed. Martin Marietta shall 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. The existing tree buffer on Hazel Dell Parkway shall be maintained and shall not be disturbed. Subject to obtaining any required permits and approvals from applicable governmental authorities, Martin Marietta shall recycle waste water from the relocated processing plant from the east side of Hazel Dell Parkway to the lake(s) on the Mueller Property and Martin Marietta property west of Hazel Dell Parkway and north of 1 06th Street. 3. Reclamation. (a) Martin Marietta shall reclaim the Mueller Property north of 106th Street (except the wooded portion of the Mueller Property north of 106th Street located directly south of the existing park at the northwest comer of Gray Road and 106th Street) and the Martin Marietta. property between 106th and 116th Streets abutting the Kingswood Subdivision and west of Hazel Dell Parkway as a lake with (i) slopes no steeper than 3 to 1, (ii) a waterline not less than 150 feet from the nearest property line in the Kingswood Subdivision and (iii) domestic grass coverage of not less than eighty percent per square yard. Martin Marietta will submit a reclamation plan to the City's consultant for approval. Reclamation will begin on the northern portion of the Mueller property and move in a southerly direction. -2- fo u Q (b) All reclamation shall comply generally with the reclamation guidelines adopted by the Indiana Mineral Aggregates Association, a current copy of which shall be provided to the Director annually. (c) Upon completion of the sand and gravel extraction, Martin Marietta will undertake no actions to drain the lake created, nor to reduce the water level below natural fluctuating levels. 4. Disposition of Property. (a) Subject to approval of the court overseeing the Helen M. Mueller Conservatorship and the co-conservators thereof (the "Mueller Owners"), Martin Marietta shall cause the Mueller Owners to sell, at fair market value, to such adjacent landowners as elect to purchase it, good and marketable title to the 150 foot wide portion of the Mueller Property located adjacent to and lying between the adjacent owner's lot in Kingswood Subdivision and the lake to be created, In the event any adjacent owner elects not to purchase such land, the next adjacent landowners on either side shall be offered such land. Ifboth elect to acquire it, it shall be split between them. If neither elects to acquire it, it shall be maintained by Martin Marietta and/or the Mueller Owners or their successors or assigns. The conveyance to adjacent landowners shall be made no later than the time all sand and gravel dredge operations on the Mueller Property North of 106th Street are completed. The conveyance shall be free of any liens, easements, encumbrances or other restrictions created by Martin Marietta. The property so conveyed shall be subject to all applicable use and developmental restrictions and all covenants contained on the plat of the Kingswood Subdivision and Martin Marietta shall use reasonable efforts to encourage the amendment of the Kingswood Subdivision plat to include the conveyed property. (b) Subject to approval of the court overseeing the Helen M. Mueller Conservatorship and Mueller Owners, Martin Marietta shall cause to be conveyed to Hamilton County or the City of Carmel, as the case may be, a forty-five foot half right of way along the northern edge of 106th Street measured from the existing center line of 106th Street. A copy of the Commitment shall be delivered by Martin Marietta to the Department of Community Services ofthe City of Carmel after it is recorded by the Recorder of Hamilton County. This Commitment may not be partially or completely terminated or modified at any time except by the Carmel Clay Board of Zoning Appeals after notice and hearing. However, until modified or terminated, thi~ Commitment shall be enforceable by the City of Carmel or its Board of Zoning Appeals by injunctive relief, denial of building permits or approval or other appropriate administrative or judicial remedy. In such proceedings to modify or terminate the Commitment, notice of hearing shall be given to the owners of property as required by the Zoning Ordinance of the City of Carmel and Clay Township, Hamilton County, Indiana. -3- {l,-"', State of u , County of (;) MARTIN MARIETTA MATERIALS, INC. By: Its: Date: (signature) (printed name) (title) , SS: Executed and acknowledged before me, a Notary Public in and for said County and State this _ day of , 2002. Mr Commission Expires: State of , CoUnty of , Notary Public Resident of County, THEHELENM. MUELLERCONSERV ATORSIllP By: Its: Date: (signature) (printed name) (title) , SS: Executed and acknowledged before me, a Notary Public in and for said County and State this _ day of ,2001. -4- <' , Mr Commission Expires: u Q , Notary Public County, Resident of -5- . ^ " ' u u APPROVAL OF COMMITMENT BY CARMEL CLAY BOARD OF ZONING APPEALS The foregoing Commitment is hereby approved by the Cannel Clay Board of Zoning Appeals this _ day of , 2002. CARMEL CLAY BOARD OF ZONING APPEALS By: (signature) (printed name) Its: (title) ATTEST: By: (signature) (printed name) Its: (title) State of Indiana, County of Hamilton, SS: Executed and acknowledged before me, a Notary Public in and for said County and State this _ day of , 2002. , Notary Public Mr Commission Expires: Resident of Hamilton County, Indiana This instrument prepared by Thomas H. Engle, attorney-at-law, 11. S. Meridian Street, Indianapolis, Indiana 46204 INDSOl THE 500732v2 -6- ~ j : .. u Q EXHIBIT A Legal Description Part of the South Half of Section 4, Township 17 North, Range 4 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana, described as follows: Beginning at the Southwest comer of Section 4, Township 17 North, Range 4 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana; thence South 89 degrees 55 minutes 56 seconds East (assumed bearing) on the South line of said Section 4, a distance of3302.24 feet to the Westerly line of real estate conveyed to the City of Carmel, Indiana, by a document titled "Certification of Clerk" recorded in the Office of the Recorder of Hamilton County, Indiana, as Instrument Number 9709754848; (the following seven courses being on the Westerly line of said real estate) 1.) thence North 00 degrees 04 minutes 04 seconds East 16.50 feet; 2.) thence North 60 degrees 23 minutes 05 seconds East 57.55 feet; 3.) thence North 89 degrees 50 minutes 43 seconds East 254.47 feet; 4.) thence South 81 degrees 22 minutes 39 seconds East 198.24 feet; 5.) thence North 25 degrees 45 minutes 13 seconds East 826.18 feet; 6.) thence North 21 degrees 15 minutes 23 seconds East 576.29 feet; 7.) thence North 07 degrees 37 minutes 09 seconds East 180.00 feet to a point on a line that is parallel with the South line of said Section 4, and extends Easterly from a point on the East line of the Southwest Quarter of said Section 4 that is 154.10 feet North of the Southeast comer of the North Half of said Southwest Quarter; thence North 89 degrees 55 minutes 56 seconds West on said line 1718.86 feet to the aforesaid point on the East line of said Southwest Quarter, being also the East line of KINGS WOOD SUBDIVISION, SECTION THREE, a subdivision in Hamilton County, Indiana the Secondary Plat of which, as amended December 22, 1988, is recorded in said Recorder's Office as Instrument Number 8900204 on pages 111 and 112 of Plat Book 16; thence South 00 degrees 07 minutes 43 seconds West on the East line of said Southwest Quarter 154.10 feet to the Southeast comer of the North Half of said Southwest Quarter; thence North 89 degrees 51 minutes 18 seconds West on the South line of the North Halfofsaid Southwest Quarter 1521.03 feet to the Northeast comer of real estate conveyed to the City of Carmel, Indiana, per a Deed recorded in the Office of the Recorder of Hamilton County, Indiana on page 865 of Deed Record 329, said comer being 1146.65 feet East of the Northwest comer ofthe South Half of said Southwest Quarter; thence South 00 degrees 27 minutes 42 seconds West on the East line of said real estate 918.75 feet, per the aforesaid deed, (919.89 feet by measurement) to the Southeast comer of said real estate, said comer lying on a line that extends South 89 degrees 51 minutes 29 seconds East, measured parallel with the North line of South Half of said Southwest Quarter from a point on the West line of said Southwest Quarter that is 406.45 feet North of the Southwest comer of said Section 9; thence North 89 degrees 51 minutes 29 seconds West on said line and the Westerly prolongation thereof, a total distance of 1145.58 feet, per the aforesaid deed, (1144.55 feet, by measurement) to the aforesaid point on the West line of said Southwest Quarter, said point being also the Souihwesterly comer of real estate conveyed to the City of Carmel, Indiana, by a Warranty Deed recorded in said Recorder's Office as Instrument Number 8726638; thence South 00 degrees 19 minutes 51 seconds West on the West line of the Southwest Quarter of said Section 9, a distance of 406.45 feet to the place of beginning, containing 105.981 acres, more or less. -7- i~ \' "" ,\ .. ......l CARMEL/CLAY BOARD OF ZON'ING APPEALS Carmel, Indiana Docket No. : V-26-02; V-27-02 Petitioner: Martin Marietta Materials, Inc~ FINDINGS OF FACT. DEVELOPMENTAL STANDARDS VARIANCE (Ballot Sheet) 1. 2. 3. DATED THIS DAY OF ,20 Board Member Page 7 of 8 - Developmental Slandards Variance Application i v , '\ i' CARMELJCLA Y BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: V-26-02; V-27~02 Peti~ioner: Martin Marietta Materials, Inc. FINDINGS OF FACT. DEVELOPMENTAL STANDARDS VARIANCE 1. . The.approval of this variance will not be injurious to the public health, safety, morals and general welfq!e of the community because: See attached Exhibit E 2. The use and value of the area adjacent to the property included in the variance' will not be affected in a substantially adverse manner because: See attached Exhibit E 3. The strict application of the terms of the Zoning Ordinance to the property will ,result in practical difficulti.es in the use of the property because: . . See attached Exhibit E DECISION IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals tt)at Developmental Standards 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 ,20' - CHAIRPERSON, Carmel/Clay Bo~.rd of Zoning Appeals SECRETARY, Carmel/Clay Board of Zoning Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). S;\carmelcl;2ylanduseregs\checldlst\devstandapp Revised 1/25/2000 Page 8 of a - Developmental SIandanls Variance AppllcaUon EXHIBIT E Findin~s of Fact - Development Standards Variance 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The boundary with the adiacent residential subdivision will be fenced. and will still leave a substantial buffer area~ Petitioner is proposing specific commitments to conduct the operations in a manner so as to minimize noise. dust. light or smoke on the surrounding community~ the subiect property will not be open to the public during operations and will not contain any facilities which will attract criminal activity~ the operations will not produce waste or trash. 2. The use and value ofthe area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: The artificial lake resulting from the reclamation ofthe property. as provided in the attached Commitments. will increase the property values ofthe adioining residential properties in that those properties will become lakefront properties~ other properties in the vicinity will increase in value to the extent that the artificial lake is open to the public~ the attached Commitments require relocation ofthe existing adi acent sand and gravel processing facility further from the existing residential areas. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: The current requirements of the Ordinance will result in "significant economic iniury" to Petitioner. if the complete use of the sand and gravel mineral resources cannot be realized. See Metropolitan Board of Zoning Appeals of Marion County v. McDonald's Corporation. 481 N.E.2d 141 (Ind. Ct. App. 1985). The resulting artificial lake. landscapinJ?:. berms and other reclamation commitments will accommodate for the requested variance. INDSOl THE 414469v2 CITY OF CARMEL . CLAY TOWNSHIP HAMILTON COUNTY. INDIANA APPLJCA TION FOR BOARD OF ZONING APPEALS ACT10N DEVELOPMENTAL STANDARDS VARIANCE REQUEST FEE: $450.0Q.for the first plus $50.00 for each additional section of the ordinance being varied. DOCKET NO.V-26-02; V-27-02 DATE RECEIVED: Maro:>h ",~'2-- 1) Applicant: Martin Marietta Materials~ Inc. Address: 1980 E. 116th Street" Carmel. Indiana 46032 2) , Project Name: Phone: Engineerl Architect: Attorney: Thomas H. Engle Max Wi 11 i ams Phone: 573-4460 phone: 231-7499 3) . .Appllcant's Status:, (Check the ~ppropriate response) ,(a) The applicant's nClme,ison the deed-to the property (b) The applicant is the contract purchaser of the property x (c) Other: long-term lessee of the pFoperty 4) If Item 3) (c) is checked, please, complete the following: Owner of the property 'involved: Helen Moffitt Mueller Owner's address: 5345 E. 106th Street, Indianapolis. IN ,46280* Phone: 5) Record of Ownership: ,Deed Book No.llnstrument No. 9557535 (see also 9754848' to City of Carmel) Purchase date:' October 2~. 1995 Page: 6) Common address of the property involved: 10750 River Road~ Indianapolis. IN 46280 Legal description: See attached Exhibit A Tax Map Parcel No.: 17-14-09-00-00-019.000 7) State explanation of requested Developmental Standards Variance: (State what you' want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance which: applies and/orcrea,tes..tht? need!for..tt:lis request). ~ee attached Exhibit D" *J. Michael Antrim, Church~Church Hittle & Antrim~ 938 Conner Street. Noblesville Indiana. 46040? 773-2190, attorney for the Helen M. Mueller Conservatorship · I - " T " . 8) State reasons supporting the Developmental Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Developmental Standards Variance"). See attached Exhibit E Present zoning of the property (give exact classification): S-l Residence District; also partially in . FF Floodway Fringe 9) 10) Size of lot/parcel in qI,Jestion: 105.981 acres 11) Present use of the property: fann land/mineral .extraction 12).-Describe the proposed use of the property: surface sand and gravel extraction 13) 15 the property:' Owner.occupie9 ~;: Renter occupied x Other 14) Are there' any restrictions: laws, covenants, variances, speciar 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. . Special Use filed concurrently herewith 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 will the work commence? Immediately 17) If the proposed variance is granted, who will operate and/or use the proposed improvement for which this application has been filed? . Martin Marietta Materials, Inc. NOTE: LEGAL NOTICE" shall be p!Jblished in the Noblesville Dailv Ledqer a MANDATORY twenty-five (25) days prior to the public hearing date. The certifieti "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing. LEGAL NOTICE to all adjoining and aQutting property owners is also MANDATORY, two methods of notice are recommended: 1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at h~ast twenty-five (25) days prior to the public hearing date.) EXHIBIT D Application for Development Standards Variance Martin Marietta Materials, Inc. requests a Variance from the Development Standards for surface sand and gravel extraction and creation of an artificial lake on the portion ofthe "Mueller Property" located north of 106th Street and described on the attached Exhibit A. (See also the accompanying application for Special Use.) A. The Mueller Property is currently in an S-I residential district. Section 5.2.2 of the Carmel/Clay Zoning Ordinance ("Ordinance") requires a 300 foot minimum perimeter Natural Open Space buffer when adjoining or abutting any residential use or district. Petitionerrequests a variance from this requirement to: (1) reduce the required buffer to 150 feet where abutting the existing residential development to the north (Kingswood); and (2) reduce the required buffer to 100 feet where abutting other property not owned by Petitioner or for which Petitioner does not have mining rights. B. In connection with this application, Petitioner offers the attached Commitments. INDSOl THE 414473v3 . . AFFfDA VIT 'lessee I. hereby swear that I am the ~vUU5 of property involved in this application and that the foregoing signatures. statements a"d answers herein contained and the information herewith submitted ;;;re in all respects true and correct to the best of my knowledge .and belief. I, the undersigned, authorize the applicant to ad on my behalf with regard to this application and subsequent hearj~,gs and testimony. ' s~ned:------:Z:~ ~. '~"/~O"- ~~, Att sf: ~"lkdl~) ,~: Date " . for Lessee lhOW\2S t-\. En.J~ " ~(Please Print) STATE OF INDIANA SS: County of Marion (County in which notarization tak,?s place) Before me the undersigned, a Notary Public for Marion (Notary public's county of residence) County. State of Indiana, personally appeared Thomas H. Eng 1 ~ (~~Attorney, ~ and acknowledge the execution of the foregoinQ.'instrument this l::J~ ,day of Marion J 2002 ~~ ~.~'~ Notary Public--Signatur (SEAL) '--Q..s.\~ Co. ~,'=;.o"!..V'\<..e...- Notary Pujblic-Please Print My commission expires: :::s VI- '^ \L '2. 'l\ ~-o ""', l , I ,. ,," "'. I AFFIDAVIT I, hereby swear that I am the owner/contract purchaser of property involved hi-this app.lication and that the foregoing. signatures, statements and answers herein contained'andthe 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. Date I-IE!-6" /1/ MlAFUEJ? (Please Print) STATE OF INDIANA ss: County of H A-1'1 fLIO;\) (County in which notarization takes place) Before me the undersigned, a Notary Public for HAMIL-TON (Notary Public's county of residence) fli I-G' AI' /VI~) IS Y 1+~ Co - c..oNS,€R V/f-'77Y12..$. . /.1.~ /.J .oU~S: r;'/dIN ,BrUI(<; r 6'R1C. c..LAR(~ . .' (J~ ,-, r 01'- f. I I and acknowledge the execution of the foregoing instrument this (Property Owner, Attorney, or Power of Attorney) ) C'ounty, Slate of Indiana, personally appeared a Tit- ! - day of SA-N. ,200 (SEAL) ~,. 'D- Notary Public-Signature , ::r IV( lC-t-( ~L- (4NTre 1M Notary Public-Please Print . I My commission expires: Lo-/'-t- 0\ ,- ~ ..,...,.----", ~} j u w NOTICE ,OF PUBLIC HEARING BEFORE THE CARMEL BOARD OF ZONING APPEALS Docket No. Notice is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the 22nd day of April, 2002 at 7:00 pm in the City Council Chambers, 2nd floor of City Hall, One (1) Civic Square, Carmel, Indiana 46032 will hold a'Public hearing upon: 1) a Special Use application to allow Martin Marietta Materials, Inc. to conduct surface sand and gravel extraction, and the creation of an artificial lake, as permitted special uses in an S-1 and FF district; and 2) a Developmental Standards Variance application to allow Martin Marietta Materials, Inc. to modify the 300 foot Natural Open Space buffer required when adjoining or abutting any residential use or district as follows: a) to reduce the buffer to 150 feet for sand and gravel extraction and the artificial lake where abutting the Kingswood subdivision; and b) to reduce the buffer to 100 feet for sand and gravel extraction and the resulting artificial lake where abutting other property not owned by Petitioner, or for which Petitioner does not currently have mining rights. the property being known as 10750 River Road, Indianapolis, Indiana 46280. The application is identified as Docket No. The real estate affected by said application is described as follows: Part of the South Half of Section 4, Township 17 North, Range 4 East of the Second . Principal Meridian in Clay Township, Hamilton County, Indiana, described as follows: Beginning at the Southwest corner of Section 4, Township 17 North, Range 4 East of the Second Principal Meridian in Clay Township, Hamilton County, Indiana; thence South 89 degrees 55 minutes 56 seconds East (assumed bearing) on the South line of said Section 4, a distance of 3302.24 feet to the Westerly line of real estate conveyed to the City of Carmel, Indiana, by a document titled "Certification of Clerk" recorded in the Office of the Recorder of Hamilton County, Indiana, as Instrument Number 9709754848; (the following seven courses being on the Westerly line of said real estate) 1.) thence North 00 degrees 04 minutes 04 seconds East 16.50 feet; 2.) thence North 60 degrees 23 minutes 05 seconds East 57.55 feet; 3.) thence North 89 degrees 50 minutes 43 seconds East 254.47 feet; 4.) thence South 81 degrees 22 minutes 39 seconds East 198.24 feet; 5.) thence North 25 degrees 45 minutes 13 seconds East 826.18 feet; 6.) thence North 21 degrees 15 minutes 23 seconds East 576.29 feet; 7.) thence North 07 degrees 37 minutes 09 seconds East 180.00 feet to a point on a line that is parallel with the South line of said Section 4, and extends Easterly from a point on the East line of :~?l~; u ci' ~~;...--"( u the Southwest Quarter of said Section 4 that is 154.10 feet North of the Southeast corner of the North Half of said Southwest Quarter; thence North 89 degrees 55 minutes 56 seconds West on said line 1718.86 feet to the aforesaid point on the East line of said Southwest Quarter, being also the East line of KINGSWOOD SUBDIVISION, SECTION THREE, a subdivision in Hamilton County, Indiana the Secondary Plat of which, as amended December 22, 1988, is recorded in said Recorder's Office as Instrument Number 8900204 on pages 111 and 112 of Plat Book 16; thence South 00 degrees 07 minutes 43 seconds West on the East line of said Southwest Quarter 154.10. feet to the Southeast corner of the North Half of said Southwest Quarter; thence North 89 degrees 51 minutes 18 seconds West on the South line of the North Half of said Southwest Quarter 1521.03 feet to the Northeast corner of real estate conveyed to the City of Carmel, Indiana, per a Deed recorded in the Office of the Recorder of Hamilton County, Indiana on page 865 of Deed Record 329, said corner being 1146.65 feet East of the Northwest corner of the South Half of said Southwest Quarter; thence South 00 degrees 27 minutes 42 seconds West on the East line of said real estate 918.75 feet, per the aforesaid deed, (919.89 feet by measurement) to the Southeast corner of said real estate, said corner lying on a line that extends South 89 degrees 51 minutes 29 seconds East, measured parallel with the North line of South Half of said Southwest Quarter from a point on the West line of said Southwest Quarter that is 406.45 feet North of the Southwest corner of said Section 9; thence North 89 degrees 51 minutes 29 seconds West on said line and the Westerly prolongation thereof, a total distance of 1145.58 feet, per the aforesaid deed, (1144.55 feet, by measurement) to the aforesaid point on the West line of said Southwest Quarter, said point being also the Southwesterly corner of real es~ate conveyed to the. City of Carmel, Indiana, by a Warranty Deed recorded in said Recorder's Office as InstrumenfNumber 8726638; thence South 00 degrees 19 minutes 51 seconds West on the West line of the Southwest Quarter of said Section 9, a distance of406.45 feet to the place of beginning, containing 105.981 acres, more or less. All interested persons desiring to present their views on the above application, either in writing or verbally, will be given an opportunity to be heard at the above-mentioned time and place. Thomas H. Engle Barnes & Thornburg 11 S. Meridian Street Indianapolis, Indiana 46204 317-'231-7499 Attorney for Petitioner, Martin Marietta Materials, Inc. INDS01 THE 424397v2 ;AM/~j~ON COUNTY AUDIf",)R u .1, ROBIN MILLS, AUDITOR OF HAMILTON COUNTY, INDIANA, CERTIFY MY OFFICE HAS SEARCHED OUR RECORDS AND BASED ON THAT SEARCH, IT APPEARS THAT THE PROPERTY OWNERS IN r EXHIBIT A ATTACHED HERETO ARE ALL OF THE ADJOINING AND ABUTTING PROPERTY OWNERS TO THE REAL ESTATE MARKED AS SUBJECT PROPERTY. THIS DOCUMENT DOES NOT CERTIFY THAT THE ATTACHED LIST OF PROPERTY OWNERS IS ACCURATE OR INCLUDES ALL PROPERTY OWNERS ENTITLED TO NOTICE PURSUANT TO LOCAL ORDINANCE. ANY PERSON SEEKING A MORE ACCURATE SEARCH OF THE REAL ESTATE RECORDS OF THE COUNTY SHOULD SEEK THE OPINION OF A TITLE INSURANCE COMPANY. ROBIN MILLS, HAMILTON COUNTY AUDITOR DATED: o(i -0/ -0 d- NOTICE: DUE TO THE IMPLEMENTATION OF A NEW TAXING SYSTEM IN HAMILTON COUNTY, PROPERTY OWNERSHIP RECORDS ARE NOT CURRENT. MARCH 1, 2001 IS THE MOST CURRENT INFORMATION AVAILABLE. ~ Friday, February 01,2002 I Page 1 011 _TON COUNTY NOnRCADOMT u , PREPARBJ BY TllIlAB.TDN COUNTY AlDTDRS OffICE, IIVIIN Of TAX MAPPING USTBIIIl.OW ARE SUILBT PIlDPBllB [ SUB8T MARKED IN YBI.DWJ ISUBdECT 17 14-03-00-00-023-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 17 14-03-00-00-024-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 16 14-04-00-00-007-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 16 14-04-00-00-007-004 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 17 14-04-00-00-016-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD XENIA OH 45385 16 14-04-00-00-016-001 AMERICAN AGGREGATES CORP 780 VILLAGE RD . XENIA OH 45385 17 14-04-00-00-017-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 17 14-04-00-00-018-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 ~ I i" : 17 14-04-00-00-018-000 AMERI~AN AGGREGATES CORP 780' VIL~E:,t~@'N'J'/' .",;;$<" " XENIA",.," OH /\ ~ C,) ,....'\"~ " \ yv\:/' '" ~ 45385 16 14-04-00-00-018-001 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 16 14-04-00-00-018-002 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 45385 45385 16 14-04-00-00-018-002 AMER~AN~;GREGATESCORP 780 VILLA!a D N ./" XENIA':' OH 45385 .~ \) c.. .,. . P \.\ \ fIr,<' 17 14-08-00-00-008-000 AMERICAN AGGREGATES CORP 780 VILLAGE RD N XENIA OH 17 14-09-00-00-001-000 .. AMERICAN AGGREGATES CORP 4770 DUKE DR STE 200 MASON OH 45385 45040 17 14-09-00-00-001-000 AMERICA~GREGATES CORP 4770 DUKEidRSI-~ 200 (I -"'j, MASON OH 45040 -:--.... .' V. ,.,.,,,, l,~.~ i ;;1, i ( ~JJil"""- \i:'_ .ioN COUNTY NDTIRCATlHT w PREPARED BY III ~TDN CWNTY AIBTIIRS IIRCf.IIVISION OF TAX MAPPING [PLEASE NOTIFY THE FOLLOWING PERSONS 14 14-03-00-00-022-002 MARGARET C EMERSON 6110 106TH ST E FISHERS IN 46038 17 14-03-00-00-023-001 CITY OF CARMEL ONE CIVIC SQUARE CARMEL IN 46032 14 14-03-00-00-025-000 REALTY LP \ 'ew 0 W-.r\.e(' f'J ~~ NOB IN 46060 17 14-03-00-00-026-000 MORRIS & BECKY L RISKIN 11153 RIVER RD INDIANAPOLIS IN 46280 14 14-03-03-01-001-000 BRIAN E & JENNIFER M ATKINSON 115 WHITE HORSE LN FISHERS IN 46038 14 14-03-03-01-011-000 F PEN & ELIZABETH D COSBY 116 WHITE HORSE LN FISHERS IN 46038 17 14-04-00-00-011-000 MORRIS & BECKY L RISKIN 11153 RIVER RD INDIANAPOLIS IN 46280 17 14-04-00-00-017-001 CITY OF CARMEL ONE CIVIC SQ CARMEL IN 46032 16 14-04-00-00-018-101 FRANKLIN D & EJEANETTE KING 10851 HAZEL DELL PKY INDIANAPOLIS u w IN 46280 17 14-04-00-00-019-000 E & H MUELLER DEVELOPMENT LLC 11173 HAZEL DELL PKY INDIANAPOLIS IN 46280 16 14-04-00-00-020-000 CITY OF CARMEL ONE CIVIC SQUARE CARMEL IN 46032 16 14-04-00-00-020-001 CITY OF CARMEL ONE CIVIC SQ CARMEL IN 46032 16 14-04-03-01-008-000 DOUGLAS F & LAURA E KEHOE 5257 WESTWOOD DR CARMEL IN 46033 16 14-04-03-03-032-000 TERENCE P & MARCIA ANN WEISS 5013 ST CHARLES PL CARMEL IN 46032 16 14-04-03-04-011-000 COMBS,DAVID K & DANA S CO-TRS 11175 WOODBURY DR CARMEL IN 46033 16 14-04-03-04-012-000 JOHN L & MONIQUE SANDERS .11167 WOODBURY DR CARMEL IN 46033 16 14-04-03-04-013-000 TIMOTHY K & LINDA D WARNER 11159 WOODBURY DR CARMEL IN 46032 ( "- U 16 14-04-03-04-033-000 ~ STEVEN E & MARY JO WEDDING 5033 ST CHARLES PL CARMEL IN 46033 16 . 14-04-03-04-034-000 KENT M & DEBRA L BROACH 5023 ST CHARLES PL CARMEL IN 46033 16 14-05-00-00-007-000 T M F LTD 4607 116TH ST E CARMEL IN 46033 17 14-09-00-00-003-000 E & H MUELLER DEVELOPMENT LLC 11173 HAZEL DELL PKY INDIANAPOLIS IN 46280 17 14-09-00-00-003-000 E & H \UFLLER DEVELOPMENT LLC 11173 H~/L DELL PKY . INDIAN#<P IS IN 46280 l,r \ '" ~\: ...I.; " \",,,. 17 14-09-00-00-004-000 IN 46280 N~~ E&H VELOPMENT LLC 15 14-10-00-00-002-000 TOWN OF FISHERS,INDIANA ONE MUNCIPAL DR FISHERS IN 46038 February 1, 2002 9:04 AM Owner: Owner Party: Address: Location Address: QQSec: Range: 04 Sub See: Location Description: Legal Description: Assessments: Tax Rate: Duplicate Number: Surplus Payment: Charges: II II Real Property Maintenance Report Hamilton 2001 Pay 2002 Hamilton Southeastern North Delaware School Building Corp Hamilton Southeastern North Delaware School Building C 942 Maple Ave NOBLESVILLE, IN 46060 USA 10910 Eller RD Fishers, IN 46038 QSec: Acres: Lot: See: Block: Sub Lot: 03 TownShip: Plat: Sub Division: Property Number: , Property Type: Map Number: Tax Set: Property Class: Zoning Type: Use Type: Bankruptcy Code: Tax Sale: Neighborhood: Number Of House Holds: Total Assessed: Net Assessed: . Under Appeal Value: ,.173,800', TIF District: ,.." BaseAV: Base Res AV: 17 o 8.32240 o 0.00 Homestead c.~~~m; .., Replacement Credit: Advance Payment: ,...10.00000, 9.51210 0:00 . Charge Type Total Charge 131.83 Over Payment: Deductions: Tax Set Deduction Type PT SWPT NW A 11/6/91 SPLIT TO ESTRIDGE DEV 4/20/95 FRM WRIGHT 9522420 tWtPL%'hiRM WRIGHT 9522422 0 Non-res Land 90,200 Res Improv Non~reslmprov Balance Due 14-14-03-00-00-025.000 Real 140300 14-Delaware 101 Cash Grain/General Farm o 264000 264000 0.00 Real PM: Report , Page 1 of2 .... c Deduction Over Amount Written Flag o c ? February 1, 20'0'2 10':0'8 AM Owner: Owner Party: Address: Location Address: QQSec: Range: 0'4 Sub Sec: Location Description: Legal Description: Assessments: Tax Rate: Duplicate Number: Surplus Payment: Charges: Phipps, Richard R II I' Real Property Maintellance Report Richard R Phipps 50'93 St Charles PI CARMEL, IN 460'33 USA 50'93 St Charles PI Carmel, IN 460'33 QSec: Acres: 0' Lot: 10'2 KINGSWOOD 10'0' X 135 PLATTED 7/5/88 k\T&l.Oli34465 Non-res Land 7.82160' 0' 0'.0'0' Sec: Block: Sub Lot: 0'4 3 TownShip: Plat: Sub Division: 34,60'0' 0' Res Improv Non~res Jmprbv: Hamilton 2001.Pay 2002 17 0'0'1 KINGSWO 138,30'0' ',." ~'6" 1 0'.0'0'0'00 12;27860' 0.0'0 Tax Set Balance Due Charge Type A Homestead Cre~it: Replacement Credit: Advance Payment: Total . Charge Property Number: Property Type: Map Number: Tax Set: . Property Class: Zoning Type: Use Type: Bankruptcy Code: Tax Sale: Neighborhood: Number Of House Holds: Total Assessed: Net Assessed: Under Appeal Value: TIF District: Base AV: Base Res AV: Over Payment: Deductions: Real PM: Report ~ Page 1 of 2 , ... 16-14-04-03-04-0'27.000 Real 14040'3 16-Carmel o 17290'0' 163900 0.00' c Deduction Type Deduction Over Amount Written Flag 60'0'0 No 3000' No C Homestead Mortgage j~-- ~ , i , , , J : I~h , I I I I I I I I I I I ~ . " if ~ I ~ -I Q "" ............ ~ ~ - e - (11 ./ ., - G> .: ~ (i) l CD -flI'" ~ - -== ---:::::=-- ~'""" ~0 CS) I / C9 .-L_ R ~~ ~"7 .'.'.'.~ · ..j\'\.:~.\e'1 ~J~.. ". _ :!lr.."''' ~';:; '<. '~IJ" ~ ~.-- lot II ~ '<\. tI II"" ... -'\-. . -":--Yo "-': #~I!I .. .. ":\. I. ~II . ...... II '... "-'II · ..~ .. ~~.. .......,[. it ~ "!l.. r.:D II · · ~-y:- ., III ~.. III II ,"; II.' Iii i; · ..""...... It II "'~;~s 19 ~.Ei;:iiI.fiI;t I .. .. II II _ " '" .. ..'" .,..,:.. ...."t.-II 111~ .. I. ... .. Ii . II.' 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