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HomeMy WebLinkAboutDept Report 07-17-08 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT July 17,2008 Mueller Property South Underground Limestone Operation The applicant seeks the following special use approval: Docket No. 08030032 SU Appendix A: Use Table Underground mining in residential district The 96-acre site is located at 5345 East 106th Street and is zoned S 1 IResidential. Filed by H. Wayne Phears of Ph ears and Moldovan for Martin Marietta Materials, Inc. General Info: The petitioner is seeking special usc approval for underground limestone extraction adjacent to an area which is already being used for extraction. The total acreage of the area intended for underground extraction is 96.92 I acres. The property is zoned S- l/Residence - Low Density and is partially within the Special Flood Hazard Area. The Comprehensive Plan Land Use Map designates this site as part of a Low-intensity Regional Commercial Employment Area, however, just to the north and northwest of this site the land use is Low Intensity Residential Communities. This is a very complex land use request as evidenced by the level of review and input from the public, and the fact that the Board's denial in 2006 of a companion request for a surface limestone mining operation on the same site resulted in a Federal lawsuit being filed by the petitioner against the City, the Mayor, and the Board. The City and the Mayor have now agreed with Martin Marietta on a settlement of that lawsuit, and the Board has been requested to approve the pending settlement agreement during the same meeting when this request is heard. Part of the pending settlement agreement obligates the City (including the Department) to recommend that the Board give favorable consideration to this request, but it should be noted that Martin Marietta has proposed an extensive list of commitments intended to permit the removal of limestone aggregate while minimizing the impact on nearby residences. Moreover, if the petitioner's mining operations on the Mueller South property are all duly approved by the Board, the petitioner has promised that the Mueller North property (situated northwest of the intersection of 106th Street and Hazel Dell Parkway) will eventually be donated to the City - after sand and gravel extraction operations are completed there, probably between 2012 and 2016. In view of the fact that an artificial lake will be created on the Mueller North property as a result of the sand and gravel extraction at that site, this donation is expected to provide a valuable community asset as well as a substantial visible buffer between the mining operations south of 106lh Street and the residential neighborhoods to the north. In most respects, the commitments proposed are at least as restrictive as the ordinance, and it is expected that adherence to the commitments will significantly reduce complaints about the petitioner's mining operations. Analysis: The proposed underground mining is a continuation of the existing underground mine, which has been developed at the site for several years. This request would permit the mining operation to move farther north and east. It would be bounded on the east and north by 106th Street and Hazel Dell Parkway, and on the south and west by the existing mining pit and underground mine. Access to the proposed underground mining operation would be via the existing pit. The total end depth of the mine would be approximately 250 feet, possibly at several levels, the depth of the limestone bench to be mined. Surface sand and gravel mining has already been approved at this location, per petition 04040024 SU.. The proposed method of mining is the "room and pillar" method, which leaves large sections of limestone in place to support the surface operations, as well as other surface uses. It is anticipated that this method' of mining would.not cause any significant surtace subsidence or other potential problems; additionally, the underground mining would be confined to the site, which would further minimize potential negative impacts on adjoining uses. There is an existing 330' buffer along 106th Street. Some surface and underground mining may occur concurrently. When mining at the subject site has been completed, the site would be al10wed to fill with water, creating a lake. A stormwater pollution preveiltion plan was submitted with the Speciai Use petition for the surface mining operation; while not necessary for the proposed underground mining operation, a revised plan has been submitted with the materials for this request. Because the proposed mining operation would be entirely underground atthis site, and because there would already be surface sand and gravel mining occurring at the site, the overall impact with regard to noise is likely to be minimal. Tbe commitments filed with the request are also likely to reduce potential negative impact. The Department bas received several binders of information for the file on this request including tbe following: 1.) December 2002: Application for BZA Special Use ApprovalRequest 2.) September2005: Additional Information for Application for BZA Special Use Approval Request 3.) November 2005: Executive Summary 4.) November 2005: Responses to TAC comments, Draft Commitments, Vibra- Tech Study 5.) March 2008: Executive Smmnary of Application for Board of Zoning Appeals Action, Special Use Approval Request 6.) July 2008: Cross-section of proposed mining plan Special Use: Section 21.03 of the Zoning Ordinance outlines the Basis of Board Review of a Special Use as tollows: The Board, in reviewing the Special Use or Special Exception application, shall give consideration to the particular needs and circumstances of each application and shall examine the following items as they relate to the proposed Special Use or Special Exception: (Please note that these replies may not encompass each and every aspect of each topic belmv.) 1. Topography; The lay of the land includes Blue Woods Creek, and the parcels are partially within a flood plain. 2. Zoning on site; CUlTent zoning is S- ilResidence - Low Tntensity & partially zoned SFHA - Special Flood Hazard Area. 3. Surrounding zoning and land Use; The surrounding zoning is S-l/Residence - Low Density comprising of mostly single family homes. 4. Streets, curbs and gutlersand sidewalks; No interior street will be needed. The petitioner will be vacating the road right of way for River Rd. which exists in the site. A 10- ft asphalt path is required along both roads, pursuant to the Alternative Transportation Plan. 5. Access to public streets; The site will primarily use existing access to the mine just south and adjacent to the site. 6. Driveway and curb cut locations in relation to other sites; No new driveways or curb cuts are proposed. 7. General vehicular and pedestrian traffic; Concern of haul tnlcks on the City roads with possible damage to roads or mudding up roadways. A 10- ft asphalt path is required along both roads, pursuant to the Alternative Transportation Plan, 8. Parking location and arrangement; . Parking required is one space per employee. OfT-site parking at the North Indianapolis Plant is an option. 9. Number of parking spaces needed for the particular Special Use; This particular use has an ofT-site parking area where employees arrive at the site and navigate loading trucks to the site. Employee parking is not necessary on site. 10. Internal site circulation; Access to the site will be hum the existing mine, just south and adjacent to this subject parcels. . 11. Building height, bulk and setback; No buildings are proposed. A 40-ft front yard setback is required along with a 300-ft setback/open space buffer from all property lines to the north and east. Also, a 15-ft D-buffer yard is required per Chapter 26.04.05 of the Zoning Ordinance. 12. Front, side and rear yards; A 40-ft front yard setback is required along with a 300-ft setback/open space buffer from all property lines to the north and east. 13. Site coverage by building(s), parking area(s) and other structures; No structure will be on the site. 1A. Trash and material storage; Waste oil & gasoline will be stored in an aboveground tank:; an SPCC (Spill Prevention, Control, and Countermeasures) plan. has been approved for this facility. Trash will be placed in on site dumpsters, and trash will be removed periodically. 15. Alleys, service areas and loading bays; Not applicable. 16. Special and general easements for public or private Use;- The petitioner has dedicated road right of way for 106th Street. I? Landscaping and tree masses; The landscape pl~ must comply with the buffer yard standards of the ordinance, providing a vegetative buffer from the mining use and the residential uses & traveled parkways and arterial roads adjacent to the site. Also, a 15-ft D-buffer yard is required per Chapter 26.04.05 of the Zoning Ordinance. A 300-ft setback/open space buffer is required from all property lines to the north, east, and west. The Urban Forester has approved the final Landscape Plan. 18. Necessary screening and buffering; The petitioner must screen/mitigate the negative effects of blasting. Buffering from vibrations and air blasts will be important. 19. Necessary fencing; Fencing is not necessary or required, but it does add a safety precaution measure. The petitioner will provide a 6-ft tall chain link fence along the north and east perimeters. 20. Necessary exterior lighting; Lighting is not necessary or required, but it does acid a safety precaution measure. 21. On-site and off-site, surface and subsurface storm and water drainage; A drainage planis included in the infornlation binder. 22. On-site and off-site utilities; Only electrical service is needed and will be extended from the south. 23. Dedication of streets andrightscof-way; The 20-yr Thoroughfare Plan calls for 106u1 Street having a 45-ft half road right of way and Hazel Dell Pkwy to have a 70-ft right of way. The petitioner has dedicated the road right of way. 24. Proposed signage (subject to regulations established by the Sign Ordinance); Signage will not be on this parcel. 25. Protective restrictions and/or covenants. Neither deed restrictions nor subdivision covenants will be submitted, buL conunitments will. 26. Need tor lifeguards and other supervisory personnel, in respect to a private recreational development or facility. Not applicable. ' 21.04 Basis of Board Approval or Reiection. 21.04.01 Special Use Decisions. The Board, in approving or rejecting a Special Use application, shall base its decision upon the following factors as they relate Lo the above listed items (Section 21.03) concerning the proposed Special Use: 1. The particular physical suitability of the premises in question for the proposed Special Use. The site is partiaJly within the special flood hazard area. The soil composition is that favorable for mining, with high percentages of sand, gravel, limestone. Mining operations are adjacent to this site, or in close proximity. 2. The economic factors related to the proposed Special Use, such as cost/benefit to the community and its anticipated effect on surrounding property values. The materials mined from tbe site will be used within the City as well as within the state in a positive manner for constructic,>n of homes, roads, etc. The tlnalman-made lake may increase adjacent property values and may be an amenity to the area. Also, the artificial lake on the adjacent Mueller North property will be an important community asset, providing a facility for the recbarging of the aquifer that provides part of the City's water supply. 3. The social/neighborhood factors rebted to the proposed Special Use, such as compatibility with existing uses and those permitted under current zoning in the vicinity of the premises under consideration and how the proposed Special Use will affect neighborhood integrity. A mineral .extraction use including blasting, as long as it mitigates dust, noise, and blasting vibrations from the site and keeps these annoyances to acceptable levels, may be considered a less intensive use than a factory or industrial use. Only when the factors that affect quality of life are mitigated can the use be perceived compatible with the surrounding residential uses. However, an underground mining operation as proposed by this request is less intrusive than a surface limestone mining operation, which will be authorized if the pending settlement agreement is approved by the Board. The final use, an artificial lake, may increase the adjacent property values. The water.body may be seen as an amenity to the area and to the City. 4. The adequacy and availabilitv of water, sewage and storm drainage facilities and police and fire protection. . The mine does not require water or sewer facilities. A drainage plan has been submitted. Police & Fire services will be used minimally, if at all. However, City officiah will need to monitor blasting levels for compliance with the petitioner's conuuitments. Also public safety officials will need to monitor the underground water quality near this site. 5. The effects of the proposed Special Use on vehicular and pedestrian traffic in and around the premises upon which the Special Use is proposed. There will be minimal vehicular or pedestrian impact, as long as the haul trucks use the mine to the south of the property for ingress/egress. The installation of the pedestrian paths along 106th & Hazel Dell will be a positive impact for pedestrian access along these roads. Public pedestrian & vehicular access will not be allowed within the site, for safety reasons. Recommendation: The department recommends positive consideration of Docket No. 08030032 SU for limestone extraction (if the Board also approves the pending settlement of the related Federal litigation), subject to the recording of the commitments provided by the petitioner.