HomeMy WebLinkAboutMinutes BZA 05-28-02o Q
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Board of Zoning Appeals
May 28, 2002
The regular scheduled meeting was held at 7:00 PM in the Council Chambers of Carmel City Hall
on May 28, 2002. Those members in attendance: Michael Mohr, Pat Rice, Leo Dierckman, Earlene
Plavchak, Charles Weinkauf, thereby establishing a quorum.
Department of Community Services Staff in attendance: Director Michael Hollibaugh; Laurence
Lillig, Kelli Lawrence, Jon Dobosiewicz, Jeff Kendall, Building Commissioner. John Molitor,
Legal Counsel was also present.
The minutes of the April 2002 meeting were approved as submitted.
John Molitor reported he had no update on the pending litigation. The proposed changes for the
Rules of Procedure had been distributed and are the final item on the agenda.
Laurence Lillig reported Item 2j, Smokey Ridge, V -17 -02 is withdrawn by the Petitioner; Items 3-
6j, Lakes at Hazel Dell, V -18 -02 through V -21 -02 have been tabled to the July 22, 2002, meeting;
Item 16j, Appel Heating Air Conditioning, V -37 -02 had insufficient public notice, however, the
Department is recommending suspension of the rules; Items 33 -45j, Carmax, V -54 -02 through V-
66-02 have been voluntarily tabled by the Petitioner pending ADLS approval; Items 46 -66j, St.
Vincent's Carmel Hospital, V -67 -02 through V- 87 -02, is tabled pending ADLS review. The
Department recommends the agenda be re- ordered so that Old Business is heard before the Public
Hearings tonight.
Mrs. Rice moved to re -order the agenda. The motion was seconded by Mr. Weinkauf and
APPROVED 5 -0.
Mr. Weinkauf moved to re -open the Public Hearing on agenda Items lk, Martin Marietta
Materials (UV- 23 -02) and 2 -5k, Martin Marietta Materials, (SU- 24 -02; SU- 25 -02; V- 26 -02;
V- 27 -02). The motion was seconded by Mr. Dierckman and APPROVED 5 -0.
J. Public Hearing:
lk. Martin Marietta Materials (UV- 23 -02)
Petitioner seeks approval of a Use Variance of Section 5.1: Permitted Uses in order to
establish a Sand and Gravel Processing Operation.
The site is located on the northeast corner of East 106 Street and Hazel Dell Parkway.
The site is zoned S -1 /Residence Low Density.
Filed by Thomas H. Engle of Barnes Thornburg for Martin Marietta Materials, Inc.
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Carmel/Clay Board of Zoning Appeals
May 28, 2002
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2 -5k. Martin Marietta Materials (SU- 24 -02; SU- 25 -02; V- 26 -02; V- 27 -02)
Petitioner seeks Special Use approval of a Sand and Gravel Extraction Operation and an
Artificial Lake.
Petitioner seeks the following Developmental Standards Variances:
V -26 -02 §5.2.2: Other Requirements 150 -foot setback
V -27 -02 §5.2.2: Other Requirements 100 -foot setback
The site is located on the northwest corner of East 106 Street and Hazel Dell Parkway.
The site is zoned S -1 /Residence Low Density.
Filed by Thomas H. Engle of Barnes Thornburg for Martin Marietta. Materials, Inc.
All Martin Marietta dockets were heard together.
Present for Petitioner: David Warshauer, Barnes Thornburg, 11 S. Meridian, Indianapolis; Bob
Furlong, John Shuler, Dan Hoskins and Max Williams, Martin Marietta; and Tom Engle of
Barnes Thornburg. These petitions are for extraction of sand and gravel only, not surface or
underground mining. According to residents on the east side of Kingswood, the current operation
has not been detrimental to their quality of life or property values. The Kingswood Homeowners
Association now offers support to this operation after years of negotiations and settlement of a
lawsuit. The Staff and consultant, Spectra Engineering, recommend approval of these petitions.
The lawsuit was finalized and signed by all parties. Martin Marietta conditions applicable to
petitions tonight include:
Not conduct mining other than sand and gravel extraction using a dredge without further
zoning approval which would require a public hearing
Written commitments for sand and gravel extraction on the Mueller property north of 106
Street:
If permitted to begin sand and gravel extraction by June 1, 2002, move the processing
plant to new location just east of Hazel Dell and north of 106 Street
Start plant relocation by January 1, 2004, with completion no later than March 31, 2004
All processing at the current location will terminate upon completion of relocation
Noise abatement features will be used at the new plant
Existing tree buffer along Hazel Dell will be maintained
Recycle waste water to lakes on Mueller and Martin properties
All over burden removal completed during weekday daylight hours, November through
March
Minimize noise, dust, light or smoke impact
No surface operations on the wooded portion of Mueller property north of 106 Street
nor directly south of Carmelot at the northeast corner of Gray Road and 106 Street
All Martin Marietta trucks will have covered beds
Will reclaim the Mueller property north of 106 Street and its own property between
106 and 116 Streets as a lake with slopes not steeper than 3 to 1, more likely 4 to 1,
water line not less than 150 feet from the nearest property line in Kingswood and
domestic grass coverage not less than 80% per square yard. A reclamation plan has been
submitted to the Department.
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Convey to Hamilton County or City of Carmel a 45 -foot half right -of -way along the
northern edge of 106' Street from existing center line.
Annual Indiana Mineral Aggregates Association reclamation guidelines report will be
filed with the Department.
No water shall be pumped from the Mueller property other than what is necessary for
processing plant.
Upon completion of extraction, no actions will be taken to drain the lake created
Six -foot earthen berm will be created from overburden.
Martin Marietta will handle environmental matters.
Sand and gravel will be extracted only with a floating dredge and processed only from
Mueller property.
Concerns arose at Kingswood neighborhood meetings. Hours of operation will be one -half hour
after sunrise to one -half hour before sunset. A reclamation bond in the amount of $250,000 will
be posted with Kingswood. A substantial tree row will remain in a 50 -foot bufferyard with an
additional 900 new trees as part of the landscaping plan between the Mueller property and
Kingswood. Martin Marietta has not experienced any safety issues at any of the locations in the
Indianapolis area. During the time of extraction, the Mueller property will be fenced. The lake
formed will have safety ledges. No additional traffic will be added to the area. Many feel long-
term property values will be higher from a lake, rather than another subdivision or other type of
development. Water quality has not been affected during the past work
The Petitioner is asking that the Board judge this petition on the applicable ordinance and the
facts presented. The principle request is for Special Use approval for the sand and gravel
extraction. Mineral extraction is permitted in the S -1 district as a Special Use with the approval
of the BZA. This is not a change in the zoning.
The Rules of Procedure normally allow 15 minutes for the petitioner to make their presentation,
5 minutes for members of the public who are in support, 15 minutes for members of the public in
opposition, and 5 minutes for petitioner rebuttal. A time frame of 30 minutes for the prepared
remonstrators, 15 minutes for the public in favor and 15 minutes for the public opposed, for a
total of one hour, was established.
Remonstrance:
Organized:
Tom Yedlick, 5053 St. Charles Place, President, Kingswood Homeowners Association. The
lawsuit was not in opposition to mining, it was only to establish Carmel jurisdiction and subject
to the permit process. Secondly, the lawsuit would enfranchise neighbors to speak in a public
hearing such as this one. The Board believes the homeowners may not have had the opportunity
to assess the impact of these applications. Martin Marietta has worked with the Kingswood
Board and has been receptive to their suggestions. They used the following references and
regulations to access the applications and make their recommendation: Guidelines of the
Environmental Stewardship Council, The Aggregate Handbook, Carmel Zoning Ordinances, and
review by Envira Restore consultants in mining reclamation. The Kingswood Board relied on the
following commitments and studies performed in connection with these applications: elimination
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Carmel/Clay Board of Zoning Appeals
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of adverse impact of existing processing plant by relocation of the plant; creation of the largest
lake in Carmel as a permanent open space; mining sequence plan designed to minimize the
amount of time sand and gravel activities will be conducted directly behind Kingswood, reducing
the mining activity by half [seven (7) years]; a noise study which projects the noise levels from
the dredge operation will not be statistically greater noise levels than currently experienced in the
Kingswood neighborhood; environmental commitments for water, air and noise pollution control
that are contained in the mining reclamation plan; a property value study based on assessed tax
values which projects higher property values should be expected from the lake to be created;
favorable experience with existing sand and gravel extraction; a preference for maintaining open
space, rather than alternative higher density uses that place added burden on traffic and school
services. However, there is not consensus among the homeowners. The Kingswood Board
believes this is due to lack of timely information from Martin Marietta; details were available
after opposition developed. There was confusion about the project, blasting versus sand and
gravel dredging. Truck traffic should not change because only one plant will be in operation.
Noise will be reduced because of the location of the plant. Water lots sell at a premium price and
property values should increase. Sand and gravel operations have been conducted for over 10
years on Kingswood's east boundary. Rezoning from S -1 to other uses has begun along Gray
Road. There is a reliance on a mining ordinance in the future in hope that the ordinance will
contain more restrictive requirements than those in these applications. However, these
applications need to be considered under the existing special use regulations. The Kingswood
Board supports these petitions for the following reasons: relocation of processing plant, creation
of a lake as permanent open space, elimination of uncertainty of this Mueller property, certainty
of sand and gravel operation is preferable to uncertainty of mining operations or of other less
desirable developments, and based on the undesirable 96 Street plant it is unlikely that the City
would approve this property for future S -1 use.
Individuals:
Kent Broach 5023 St. Charles Place, adjacent to Mueller property. The petitions provide more
benefits than detriments. Pleased that the City has hired an expert and that expert has
recommended approval. Primary concern has been home values. History shows active sand and
gravel dredge for 15 years and home values have gone up. Any negative effect is the current
uncertainty of the eventual use of the Mueller property. Only nuisance has been the noise from
the processing plant and if the petitions are approved this plant will be moved farther away from
Kingswood. Trust City and appropriate agencies to protect our environmental interests.
Obviously prefer open space to development. The majority of the adjacent property owners are
in favor of the petitions, the Board of Directors of the neighborhood is in favor, the City is in
favor, and the City's expert consultant is in favor.
Mike Tin, 5083 St. Charles Place, south boundary at the stub street for 13 years. Challenged the
relevance of information and source of information brought up from the Kingswood
neighborhood survey. To be a viable survey, it should have been designed and executed by a
professional market research organization. The decision weighs very heavy on our mind. Our
priorities have always been the safety of our family, the security of our home, and the quality of
life in the neighborhood. This would not be maintained if the area were opened to housing
development. Putting the street through would greatly increase traffic and destroy safety, security
and serenity. Prefer mining to extra traffic and density. Now there is a specific plan.
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Carmel/Clay Board of Zoning Appeals
May 28, 2002
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Sharon Donnelly, 11079 Huntington Court, adjacent to the Mueller property. Winter 2000
Martin Marietta began removing the overburden and operating a submersible dredge without a
berm and the noise and dirt level was negligible. Their presence was barely noticeable. The
dredging operation will preserve the open space in an area where open space is becoming
increasingly endangered.
Giovanni DeLuca, 5063 St. Charles Place, bordering the Mueller property. Sand and gravel
development preferable to other development. Area provides privacy and open space. The 150
foot variance, berm, fence, and gradual sloping to water address the safety issues. This is safer
than development and traffic through Kingswood. This proposal is the result of negotiation
between the Kingswood Board, Martin Marietta and the City.
Tim Warner, 11159 Woodbury Drive, 13 years adjacent to current dredging operation.
Processing plant makes more noise than dredge operation. A lot of the dirt and dust comes from
processing plant. Felt survey was asked unfairly and people were operating out of the fear of the
unknown.
Julie Kozak, two -year adjacent resident at 5073 St. Charles and Westchester Street. Parents are
responsible for children's safety. Her family is pleased and impressed with the safety measures.
The berms are beautiful and peaceful and not an eyesore.
Russel Sveen, 11109 Woodbury Drive, adjacent to current Martin Marietta operations. It is
important to move the processing plant. It is the source of noise nuisance and the move will help,
It is important that the future development will be open space and a lake rather than residential
development. There have been no problems with safety and the area is quite secure. There is also
additional safety because of controlled access to backyards. Noise is not noticeable by the
dredging process. It is a low pitched drone.
Curt Olman, 11078 Huntington Court, 12 -13 years next to dredging operation. Dust from
construction of new houses is considerably more. Property value is affected by the not knowing
what is going on behind the houses along the Mueller property.
Adam DeHart, Project Manager Keeler Webb Associates, 486 Gradle Drive, submitted a letter
for the record, representing Mr. Thomas Crowley who bought property immediately north of this
project and liked what he saw. Moving the plant will provide better security and improve the
welfare of the community. The use or value of surrounding property will not be affected by
moving the plant, because it is surrounded by mining operations and lies partially within the
floodway of the White River. Martin Marietta/American Aggregates has been a major supporter
of the community and parks, and preserved woodlands and wetlands. Consideration of setbacks
and buffering has always been a priority to their designs.
Don Craft 4988 St Charles Place, stated the Kingswood lawsuit was about not receiving enough
information.
Copy of Kingswood lawsuit agreement given to the Board.
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May 28, 2002
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Opposition:
Organized:
Jeff Joliet, 11158 Bradbury Place, Powerpoint demonstration with organization of remonstrance
regarding physical suitability for the premises, economic factors and anticipated effect on
surrounding community, social neighborhood factors, and whether this is compatible with the
proposed Special Use and how that will affect neighborhood integrity.
Keith Johns, 5019 Huntington Dr, covered water and wellhead protection issues. No one has
addressed this issue.
David Ezell, 5068 Huntington Dr, apologized for his actions at the last meeting. He is concerned
about the ground water and the welfare of the drinking water. He stated he was refused a copy of
the City's wellhead proposal.
Darrell Leap, 5932 Lookout Drive, West Lafayette, IN, Professor of Hydrogeology at Purdue
and owner of Terra Aqua Geo Sciences, Inc., discussed the wellhead protection zone.
Nick Tillema, 11484 Lake Stonebridge, Fishers, appraiser, attorney consultant, one of the
founding partners of Forrest Hall Group specializing in diminutive valuation based on
contamination of property.
Holly Detke, 5017 Kingswood Dr, discussed the survey of Kingswood conducted by a group of
homeowners. Two% (4 homes) abstained, 3% (6 homes) support the Kingswood Board, 8%
(15 homes) support the mining variance, 17% (33'/2 homes) delay consideration until Carmel
mining ordinance is adopted, 71% (141 homes) oppose the mining variance.
Jeff Joliet: Homeowners in Kingswood who presently border the processing plant are the ones in
support of the variance. An S -1 residential development was assumed to connect to Kingswood
by way of the stub street. Kingswood Board did not take into consideration the opinions of the
homeowners when settling the litigation with Martin Marietta. Litigation agreement was signed
May 17, before the May 19 and 20 neighborhood meetings with Martin Marietta.
Susan Becker, 5029 Kingswood, discussed the safety of reclamation.
Public:
Gloria Green, 6115 Woodmill Drive, Vice President of Eller Commons Homeowners
Association, located on east side Hazel Dell Parkway. No consideration was given for impact
from noise on their neighborhood.
Lyndel Trager, 5059 Huntington, realtor selling in Kingswood. Neighborhood has not
appreciated through the years at the same rate as comparable neighborhoods. Some houses have
sold for less than building price. Buyers fear mining.
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Carmel/Clay Board of Zoning Appeals
May 28, 2002
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Marcus Freihofer, 11136 Bradbury Place, feels the Kingswood Board not representing the entire
neighborhood's best interest in this issue. There is conflict of interest on the Board. Three of the
six Kingswood Board members are adjacent to existing mining or proposed mining. They should
recuse themselves since they will have the right to purchase lake land.
Kimberly Lee, 5029 Huntington Drive, is concerned about real estate value and thinks open
space is questionable. An industrial development is not open space. She trusted S -1 zoning for
future development.
Greg Hammes, 3714 Gould Drive, representing Williamson Run Subdivision Home Owners'
Association Board. They are concerned with continued heavy truck traffic. Martin Marietta has
not been a good neighbor to them. This mining operation was not going on when Williamson
Run Subdivision was built and it is becoming surrounded by the mining operation.
Larry J. King, 11268 Williams Court, believes the well contamination is a relevant point. U.S.
EPA lowered maximum contaminant level for arsenic. A study needs to be done by the
administration in the context of a mining overlay ordinance.
Bill Curry, 11121 Bradford Place, questioned the 1997 contract the City entered into with
American Aggregates. The City is very close and cozy with American Aggregates and that bears
some investigation. Mr. Curry to provide copy of contract he referenced. Slides presented from
contract.
10 minute recess taken.
Mr. Mohr announced the Board would continue hearing Martin Marietta dockets (lk 2 -5k)
and Hamilton County Senior Services dockets (31 -32j). All others will be heard on Thursday,
June 6, 2002, at 7:00 PM.
Rebuttal:
Mr. Warshauer stated tonight is limited to new information. Please listen to staff, experts and
Carmel Utilities. The issues have been looked at and examined. Martin Marietta study of the
aquifer shows no aquifer de -water nor contamination. Dredging takes place at Geist Reservoir
and Geist provides water for the City of Indianapolis. Martin Marietta uses measures to control
spills. Property values are also determined by location, lot size, amenities and a variety of other
things. The settlement agreement was dated May 17 and the Kingswood Board refused to give
any expression of support. The Kingswood Board members with adjacent property cannot get
something good, if it is bad for everyone else. A project can't be both good and bad. The
information from the 1997 agreement was taken out of context. The 1997 agreement with
American Aggregates was a sale agreement granting right -of -way to the City of Carmel for
Hazel Dell Parkway, and was not part of the Mueller property.
Public hearing closed.
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Carmel/Clay Board of Zoning Appeals
May 28, 2002
Page 8 of 17
Michael Hollibaugh, Director of Community Services, Department Report, asked for copies of
Dr. Leap's exhibits, Mr. Tillema's appraisal data, opinion poll data, and F C Tucker appraisal
data. Department is recommending favorable consideration. The benefits to the City far outweigh
any negative aspects in the form of water resources, park land, construction materials, right -of
way and the movement of the processing plant. The Department has helped put together a
petition that addresses all the issues that have been brought forward at this time.
Greg Sovas, Sprectra Environmental, Latham, NY has seen and debated many of the issues.
There are four issues specific to this sand and gravel application:
1. Ground water quality: There has never been any demonstrable impact of mining in an
aquifer, with the exception of the introduction of petroleum products. Therefore immediate
notification of any spills is included in the plan.
2. Noise visual: Work on the temporary berm, moving the plant across Hazel Dell, and 50
feet buffer versus 25 feet.
3. Safety: Requirement for a 6 foot fence 50 feet from the property as well as gentler
reclamation from 50 feet to the 150 feet mark where the water will be, and a I on 10 slope
for the water entry. Sand and gravel has a natural angle of repose of 35 degrees, it would
be a I to 1.5 slope.
4. Finding mitigation for the environmental impacts for the Kingswood residences: The
reclamation plan clearly defines what Martin Marietta will do. They are working on a
comprehensive plan. Martin Marietta was told to do a hydra geologic study and a blasting
study. The proposed mining ordinance would not require any more of Martin Marietta than
is being required for this sand and gravel operation.
If Martin Marietta does not have an operation here, they will have to import the material from
other sources and that will increase the truck traffic. The lake from reclamation will enhance the
open space and wildlife values. The proposal is well planned and sound, has minimal
environmental impact, has substantial benefit to Kingswood and the Carmel community.
John Duffy, Utility Director, City of Carmel, stated plant 94 and well 911 are considered
relatively small wells. The majority of the water comes from north of 116 Street and east of
Hazel Dell Parkway. There is water down there and the City is interested in it. Three lakes are
closer in proximity to 2 wells than what this new lake would be to the well. Contamination is a
real issue and is dealt with all the time and will continue to be dealt with.
BZA Board questions followed.
Mrs. Rice raised issues: what affect on private wells in the area; would Martin Marietta activity
speed up the eventual shutting down of well #11; why City Attorney refused to give a copy of
the wellhead document; storage of oils at the site; will this land be offered as community open
space; felt survey important; shutting one stub street and opening the other; lack of willingness to
commit to no blasting in the future? Safety and value of property are not issues to her.
Mr. Hollibaugh: Martin Marietta is leasing the land from the Mueller Family /Conservatorship. It
could be dealt with in a variety of ways: dedicated to the City, potential of residential
development, access to the lake through the Park system, or Carmel Utility own and maintain the
lake as a water resource as well as a recreation facility for the community.
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Carmel/Clay Board of Zoning Appeals
May 28, 2002
Page 9 of 17
Mr. Furlong, 10927 Valley Forge Circle, Carmel, Vice President of Martin Marietta. Martin
Marietta will make a commitment to turn the lake over to the City or Water Department.
Mueller Conservatorship may also be willing to turn it over to the City. Blasting is not a concern
of sand and gravel mining. Martin Marietta is not pre- committing to no blasting because science
may improve possibilities in the future. A public hearing would be required to have blasting.
Storage of hazardous material is under many environmental laws for control and reporting.
Mr. Weinkauf made statements regarding the welfare of the entire community, not just
Kingswood. There are many trucks tearing through the whole community. Major concerns are
with access to the lake and safety.
Mr. Sovas had proposed some of the same questions and suggested better public and community
relations from Martin Marietta. There is nothing to preclude public access to the east and the
south of the lake.
Douglas Haney, Carmel City Attorney, regarding refusal of information. As Mr. Ezell was
informed in a letter dated May 15, the document that was requested was a summary report that
was prepared by the City's outside consultants, in an effort to assist the City in delineating its
wellhead protection areas and in planning wellhead development. It constitutes the expression of
expert opinion for the City to use in making its own policy formulation. It is an advisory report
and the report is not subject to mandatory disclosure, it is exempt from disclosure. He did
provide a copy of the wellhead protection area map, which synthesizes the report, but it has not
been picked up.
Mr. Dierckman questioned Mr. Yedlick on how long he had been involved in the Kingswood
Homeowners' Association; in what capacity had he served and how is the Board elected?
Mr. Yedlick responded he had been in Kingswood Homeowners' Association 8 or 9 years and
had been President of the board all except 3 years. The Board is elected at annual meetings by
the community and serves two -year terms. He was elected March 2001, and this issue was raised
in 1999.
Mr. Weinkauf asked Mr. Yedlick about item 98 in the settlement agreement. For each year
Martin Marietta is extracting from Mueller property, shall pay Kingswood $5000 per year for
maintenance of common area in Kingswood. What about other neighborhoods?
Mr. Yedlick responded it is quite traditional for mining operations to provide some kind of
support for a neighboring area. This is a continuation of an offer made in 1999. Martin Marietta
offered it and he was not going to let it go.
Mr. Dierckman suggested the BZA ask their counsel regarding the offer since they are
participants and it was negotiated on BZA behalf also.
Mr. Molitor stated the way the settlement agreement evolved, the BZA would be kept apprised
of what was being discussed, but would not be a party to the final settlement agreement because
the only thing the BZA needed to do was agree to hear mining applications and the affected
properties.
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Carmel/Clay Board of Zoning Appeals
May 28, 2002
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Mr. Mohr expressed concern for the best interests of the residents of Carmel, not just
Kingswood. He was not comfortable with this Board being put in this position to make this
decision. If the Council or City wants to work on an overlay zone, they can do extensive work
and time needed and do what is right for all the citizens.
Mrs. Rice would like specific clarification in terms of the open space, the property surrounding,
and the Parks Department.
Mr. Warshauer replied Martin Marietta is willing to work with Mueller Conservatorship and
make an agreement with the Parks Department.
The Board discussed the private and public access to this proposed lake.
Mr. Molitor apprised the Board members getting to a final resolution can be difficult and the
Board has the ability to permit or require commitments related to the project.
Mr. Sovas commented on having a mining ordinance in place first. Nothing more would be
requested for sand and gravel operation that was not requested to date of Martin Marietta. A
major opportunity to move the plant may be missed, if this application is not acted upon.
Discussion continued on private and public access to this proposed lake.
Mrs. Rice asked John Molitor if the Board could act on part of the variances and settle the access
issue later.
Mr. Molitor stated the Board can demand it as a commitment of a Special Use now, but cannot
leave part open. Perhaps he and the staff could draft a couple of ideas for the next meeting.
Mrs. Rice moved to continue the discussion and draft options on how to deal with the issue. The
motion was seconded by Mr. Dierckman and DENIED 2 -3 with Mr. Mohr, Mrs. Plavchak, and
Mr. Weinkauf casting the opposition votes.
Mr. Weinkauf stated this is Special Use and the Board is to tidy up access. Martin Marietta has to
get permission from the Mueller Conservatorship.
Mr. Molitor stated this Board has the authority to require the property owner or conservatorship
to make that commitment, even if it has to go through Court approval at a future date. If this
Board mandates that, either the Court approves the commitment and the conservatorship or the
Special Use approval would be null and void. If Martin Marietta cannot stand here and make that
commitment, the Board can demand it of them.
Mr. Weinkauf asked if the Board could require that each property owner purchase the first 100
feet and 50 feet would be dedicated to the City.
Mr. Molitor stated the Board could not require owners of property who don't own property that
is part of the petition to do something. But the Mueller Conservatorship and Martin Marietta
have interest in the property as part of the petition, so the Board can require things of them.
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Carmel/Clay Board of Zoning Appeals
May 28, 2002
Page 11 of 17
Mr. Warshauer stated Martin Marietta has made commitments to neighboring property owners of
a 150 -feet strip and is not willing to break this commitment to give public access, unless they are
able to come to some other accommodation for them.
Mrs. Rice asked if Martin Marietta would be willing to volunteer continuance to be able to
discuss this particular area with those involved.
Mr. Furlough has spent 3 years dealing with the owners and they do not want a public access
path along their properties or the stub streets.
Mr. Weinkauf stated there is a narrow area from the houses to the path all the way around the
lake in Bayhill subdivision.
Mr. Warshauer stated that Bayhill was an American Aggregates project and Brenwick did the
developing. The path has been a sore issue over access to that lake.
Mr. Weinkauf asked Mr. Joliet about the dates of the settlement agreement.
Mr. Joliet stated page 7 of the settlement agreement, Section C3 talks about what Kingswood
agreed to do and that was not to oppose this petition. Mr. Joliet questioned what input has been
given to all the other homeowners relative to the people on the perimeter in this issue of access.
Mr. Dierckman questioned Mr. Yedlick about the settlement.
Mr. Yedlick read from the agreement that Kingswood shall not oppose enactment of an overlay
ordinance permitting sand and gravel extraction on the Mueller property. This is not a
commitment to oppose or support these applications tonight, but a commitment not to oppose a
mining ordinance when it comes to pass.
Mr. Weinkauf moved to approve Martin Marietta Materials UV- 23 -02. The motion was
seconded by Mrs. Plavchak and DENIED 2 -3, with Mr. Mohr, Mrs. Rice, and Mr. Weinkauf
casting the opposition votes.
Mrs. Plavchak moved to approve Martin Marietta Materials SU- 24 -02. The motion was
seconded by Mr. Dierckman and DENIED 2 -3, with Mr. Mohr, Mrs. Rice, and Mr. Weinkauf
casting the opposition votes.
Mrs. Plavchak moved to approve Martin Marietta Materials SU- 25 -02. The motion was
seconded by Mrs. Rice and DENIED 2 -3, with Mr. Mohr, Mrs. Rice, and Mr. Weinkauf casting
the opposition votes.
Mrs. Plavchak moved to approve Martin Marietta Materials V- 26 -02. The motion was
seconded by Mrs. Rice and DENIED 2 -3, with Mr. Mohr, Mrs. Rice, and Mr. Weinkauf casting
the opposition votes.
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Carmel/Clay Board of Zoning Appeals
May 28, 2002
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Mrs. Plavchak moved to approve Martin Marietta Materials V- 27 -02. The motion was
seconded by Mrs. Rice and DENIED 2 -3, with Mr. Mohr, Mrs. Rice, and Mr. Weinkauf casting
the opposition votes.
Mr. Warshauer asked to be provided the negative findings of fact supporting the decisions.
Mr. Molitor stated the findings would be provided.
Mrs. Plavchak moved to suspend the rules after 11:00 PM to hear item 31 -32j. Hamilton
County Senior Services. The motion was seconded by Mr. Dierckman and APPROVED 5 -0.
31 -32j. Hamilton County Senior Services (V- 52 -02; V- 53 -02)
Petitioner seeks approval of the following Developmental Standards Variances:
V -52 -02 §27.3.2 forego parking lot curbing
V -53 -02 §27.5 reduced number of parking spaces
The site is located at 1078 Third Avenue Southwest. The site is zoned I- 1/Industrial.
Filed by Sandra Stewart of Hamilton County Senior Services, Inc.
Present for Petitioner: Jeff Bischoff, BSA Design, 9365 Counselors Row, Indianapolis, Sandy
Stewart, Executive Director, Hamilton County Senior Services, Suzanne Marks, President, Board
of Directors, Hamilton County Senior Services. Being heard tonight helps to meet a deadline on
purchase of the property. This is a non profit organization for senior citizens over 55 and
provides social and health services. This project is a relocation of the facility. This involves
renovating the facility for offices. No additional pavement will be required, design is to re -stripe
parking lot with 41 spaces, the ordinance requires 67. The 41 spaces will be plenty. Additional
parking can be used at Carmel Ice Skadium. They are remodeling the building and the site.
Putting curbs in the parking lot will keep the drainage from working properly.
Remonstrance:
Ramona Hancock, 12838 Wembly Road, Carmel is in support of the programs at the center for
seniors and the community and also its close proximity to City Center.
Opposition: None
Rebuttal: None
Department Recommendation: Favorable consideration for V -52 -02 with condition of low shrub
and landscape plan for review by Monday, June 17, 2002, for Administrative approval. V -53 -02
favorable consideration with the condition the parking plan is revised to show parking spaces of
adequate dimensions to meet the requirements of the zoning ordinance.
Petitioner is in agreement with the Department's recommendations.
Page 12
Carmel/Clay Board of Zoning Appeals
May 28, 2002
Page 13 of 17
Public Hearing closed.
Mrs. Plavchak moved to approve Hamilton County Senior Services V- 52 -02. The motion was
seconded by Mrs. Rice and APPROVED 5 -0.
Leo Dierckman moved to approve Hamilton County Senior Services V- 53 -02. The motion was
seconded by Mrs. Plavchak and APPROVED 5 -0.
lj This Item tabled to the June 6, 2002, agenda.
WTF Sprint Spectrum (A- 97 -01)
Appellant (an Interested Party) wishes to appeal the decision of the Director regarding the
collocation of a WTF antenna on an existing private radio tower.
The site is located at 1388 Queen's Way. The site is zoned S -1 /Residence Very Low
Density.
Filed by J. Taggart Birge of Bose McKinney Evans for Richard Deer.
2j. This Item was WITHDRAWN at the May 28, 2002, meeting of the Board.
Smokey Ridge, Section 3, Lot 63 (V- 17 -02)
Petitioner seeks approval of a Developmental Standards Variance of Section 25.9:
Drainage in order to allow a swimming pool to encroach three (3) feet into a platted
Drainage Easement.
The site is located at 13719 Smokey Ridge Overlook. The site is zoned R -1 /Residence.
Filed by Marjorie A. Mikels of Pools of Fun for Thomas A. Melinda Endicott.
3 -4j. Tabled to the July 22, 2002, agenda at Petitioner's request.
Lakes at Hazel Dell, Section 1, Common Area 4a (V- 18 -02; V- 19 -02)
Petitioner seeks approval of the following Developmental Standards Variances:
V -18 -02 §25.7.02 -1(b): Number Type 2 Subdivision Signs
V -19 -02 §25.7.02 -1(b): Number Type unmatched Subdivision Signs
The site is located on the southwest corner of West Dellfield Boulevard and Hazel Dell
Parkway. The site is zoned S -1 /Residence Low Density.
Filed by Joseph M. Scimia of Baker Daniels for Drees Homes.
5-6j. Tabled to the July 22, 2002, agenda at Petitioner's request.
Lakes at Hazel Dell, Section 1, Common Area 6 (V- 20 -02; V- 21 -02)
Petitioner seeks approval of the following Developmental Standards Variances:
V -20 -02 §25.7.02 -1(b): Number Type 2 Subdivision Signs
V -21 -02 §25.7.02 -1(b): Number Type unmatched Subdivision Signs
The site is located on the northeast corner of East Dellfield Boulevard and Hazel Dell
Parkway. The site is zoned S -1 /Residence Low Density.
Filed by Joseph M. Scimia of Baker Daniels for Drees Homes.
Page 13
Carmel/Clay Board of Zoning Appeals
May 28, 2002
Page 14 of 17
7j. This Item was tabled to the June 6, 2002, agenda.
St. Peter's United Church of Christ (V- 28 -02)
Petitioner seeks approval of a Developmental Standards Variance of Section 27.3.2 in
order to forego the installation of perimeter parking lot curbing.
The site is located at 3106 East Carmel Drive. The site is zoned R -1 /Residence within
the State Highway 431 /Keystone Avenue Overlay Zone.
Filed by David R. Barnes of Weihe Engineering for St. Peter's United Church of Christ.
8j. This Item was tabled to the June 6, 2002, agenda.
Carmel /Clay Schools Orchard Park, Lot 78 and Block B Orchard Park
Elementary (V- 29 -02)
Petitioner seeks approval of a Developmental Standards Variance of Section 25.7.02 -5:
Institutional Uses; (b): Number Type in order to establish two (2) Institutional Signs.
The site is located at 10404 Orchard Park South Drive. The site is zoned R -1 /Residence.
Filed by Chris Hinkle of Paul I. Cripe, Inc. for the Carmel /Clay School Corporation.
9- l Oj This Item was tabled to the June 6, 2002, agenda.
Carmel /Clay Schools Towne Meadow Elementary (V- 30 -02; V- 31 -02)
Petitioner seeks approval of the following Developmental Standards Variances:
V -30 -02 §25.7.01 -2 22.22- square -foot traffic directional sign 91
V -31 -02 §25.7.01 -2 22.22- square -foot traffic directional sign #2
The site is located at 10850 Towne Road. The site is zoned S -1 /Residence Very Low
Density.
Filed by Chris Hinkle of Paul I. Cripe, Inc. for the Carmel /Clay School Corporation.
11 -15j This Item was tabled to the June 6, 2002, agenda.
Carmel /Clay Schools Cherry Tree Elementary (V- 32 -02; V- 33 -02; V- 34 -02; V -35-
02; V- 36 -02)
Petitioner seeks approval of the following Developmental Standards Variances:
V -32 -02 §25.7.01 -2 13.24- square -foot traffic directional sign 91
V -33 -02 §25.7.01 -2 4.28- square -foot traffic directional sign 92
V -34 -02 §25.7.01 -2 6.82- square -foot traffic directional sign 93
V -35 -02 §25.7.01 -2 6.82- square -foot traffic directional sign 94
V -36 -02 §25.7.01 -2 51.75- square -foot institutional sign 95
The site is located at 13989 Hazel Dell Parkway. The site is zoned S- 1/Residence Low
Density.
Filed by Chris Hinkle of Paul L Cripe, Inc. for the Carmel /Clay School Corporation.
16j. This Item was tabled to the June 6, 2002, agenda.
Appel Heating Air Conditioning (V- 37 -02)
Petitioner seeks approval of a Developmental Standards Variance of Section 26.4.5(c) in
order to reduce the side perimeter bufferyards on the north and south property lines to
zero (0) feet.
Page 14
Carmel/Clay Board of Zoning Appeals
May 28, 2002
Page 15 of 17
The site is located at 530 South Range Line Road. The site is zoned I -1 /Industrial.
Filed by Adam L. DeHart of Keeler -Webb Associates for Appel Heating Air
Conditioning.
17-28j. This Item was tabled to the June 6, 2002, agenda.
Carmel /Clay Schools New Middle School (SU- 38 -02; V- 39 -02; V- 40 -02; V- 41 -02;
V- 42 -02; V- 43 -02; V- 44 -02; V- 45 -02; V- 46 -02; V- 47 -02; V- 48 -02; V- 49 -02)
Petitioner seeks Special Use approval in order to establish a middle school on 159.823±
acres.
Petitioner also seeks approval of the following Developmental Standards Variances
V -39 -02
§5.4.1: Maximum Height 45'4" principal building height
V -40 -02
§25.7.01 -2
15.17- square -foot traffic directional sign A
V -41 -02
§25.7.01 -2
3'3" traffic directional sign A
V -42 -02
§25.7.01 -2
13.42- square -foot traffic directional sign B
V -43 -02
§25.7.01 -2
3'3" traffic directional sign B
V -44 -02
§25.7.01 -2
12.55- square -foot traffic directional sign C
V -45 -02
§25.7.01 -2
3'3" traffic directional sign C
V -46 -02
X25.7.02- 5(b)(i)
three (3) institutional signs
V -47 -02
X25.7.02- 5(c)(i)
93.0- square -foot east wall institutional sign
V -48 -02
V5.7.02-5(c (ii)
24- square -foot changeable copy
V -49 -02
X25.7.02 -5(d)
6'2" institutional ground sign
The site is located on the southeast
corner of West 126 Street and Shelborne Road. The
site is zoned S -1 /Residence /Estate.
Filed by Jeff
Bolinger of Fanning /Howey Associates for the Carmel /Clay School
Corporation.
29-30j. This Item was tabled to the June 6, 2002, agenda.
Newark Addition, Lots 1 4(part) Mohawk Landing (V- 50 -02; V- 51 -02)
Petitioner seeks approval of the following Developmental Standards Variances:
V -50 -02 §25. 7.02-11 (d) (i) 10' center identification height
V -51 -02 §25.7.02- 11(g)(i) center identification copy
The site is located on the southeast corner of City Center Drive and South Range Line
Road. The site is zoned B -7 /Business.
Filed by Paul G. Reis of Drewry Simmons Pitts Vornehm for the 5254 Tivoli
Partnership and Kosene Mohawk, LLC.
33 -45j. Tabled pending ADLS approval.
Carmax Auto Superstores (V- 54 -02; V- 55 -02; V- 56 -02; V- 57 -02; V- 58 -02; V- 59 -02;
V- 60 -02; V- 61 -02; V- 62 -02; V- 63 -02; V- 64 -02; V- 65 -02; V- 66 -02)
Petitioner seeks approval of the following Developmental Standards Variances:
V -54 -02 §14.6: Landscaping Requirements 15' north and east bufferyards
V -55 -02 §25.7.01 -2 8' traffic directional sign E1
V -56 -02 §25.7.01 -2 4- square -foot traffic directional sign E
V -57 -02 §25.7.01 -2 8' traffic directional sign E2
Page 15
Carmel/Clay Board of Zoning Appeals
May 28, 2002
Page 16 of 17
V -58 -02
§25.7.01 -2 4- square -foot traffic directional sign E2
V -59 -02
X25.7.02- 8(b)(i) five (5) identification signs (A, B, B 1, C, D)
V -60 -02
V5.7.02-8(b (ii) three (3) id signs oriented east (B, C, D)
V -61 -02
X25.7.02 -8(c) 193 square -foot wall identification sign A
V -62 -02
X25.7.02 -8(c) 193 square -foot wall identification sign C
V -63 -02
X25.7.02 -8(c) 78.33- square -foot ground identification sign B
V -64 -02
X25.7.02 -8(c) 78.33- square -foot ground identification sign B I
V -65 -02
X25.7.02 -8(d) 8' ground identification sign B
V -66 -02
X25.7.02 -8(d) 12' 3 1 /2" ground identification sign B I
The site is
located on the northwest corner of East 96 Street and Gray Road. The site is
zoned B -3 /Business.
Filed by E.
Davis Coots of Coots Henke Wheeler for Carmax Auto Superstores, Inc.
46-66j. Tabled pending ADLS approval.
St. Vincent's
Carmel Hospital (V- 67 -02; V- 68 -02; V- 69 -02; V- 70 -02; V- 71 -02; V -72-
02; V- 73 -02; V- 74 -02; V- 75 -02; V- 76 -02; V- 77 -02; V- 78 -02; V- 79 -02; V- 80 -02; V -81-
02; V- 82 -02; V- 83 -02; V- 84 -02; V- 85 -02; V- 86 -02; V- 87 -02)
Petitioner seeks approval of the following Developmental Standards Variances:
V -67 -02
§25.7.01 -2 39- square -foot "EMERGENCY" TDS (20 -1)
V -68 -02
§25.7.01 -2 11.07- square -foot "Ambulance Exit Only" TDS (20 -4)
V -69 -02
§25.7.01 -2 11.07- square -foot "Ambulance Entrance" TDS (20 -5)
V -70 -02
§25.7.01 -2 14.5- square -foot "Main Entrance" TDS (25 -1)
V -71 -02
§25.7.01 -2 10.94- square -foot "Emergency" TDS (25 -2)
V -72 -02
§25.7.01 -2 forty-one (41) 4- square -foot section TDS (30 -9)
V -73 -02
§25.7.01 -2 ten (10) 17.25- square -foot director TDS (32 -a)
V -74 -02
§25.7.01 -2 ten (10) 5'2" director TDS (32 -a)
V -75 -02
§25.7.01 -2 ten (10) 14.06- square -foot director TDS (32 -b)
V -76 -02
§25.7.01 -2 ten (10) 4'6" director TDS (32 -b)
V -77 -02
§25.7.01 -2 five (5) 4.75- square -foot bldg entrance id 9 TDS (22 -9)
V -78 -02
X25.7.02- 50 )(i) eight (8) institutional signs
V -79 -02
X25.7.02- 5(c)(i) 70.06- square -foot institutional sign (10 -1)
V -80 -02
X25.7.02- 5(c)(i) 70.06- square -foot institutional sign (I I -1)
V -81 -02
X25.7.02- 5(c)(i) 77.7- square -foot institutional sign (12 -1)
V -82 -02
X25.7.02- 5(c)(i) 77.7- square -foot institutional sign (12 -2)
V -83 -02
X25.7.02- 5(c)(i) 144 square -foot institutional sign (20 -2)
V -84 -02
X25.7.02 -5(d) 5'4" institutional sign (10 -1)
V -85 -02
X25.7.02 -5(d) 5' 4" institutional sign (I I -1)
V -86 -02
X25.7.02 -5(d) 8'9" institutional sign (12 -1)
V -87 -02
X25.7.02 -5(d) 8'9" institutional sign (12 -2)
The site is
located at 13500 North Meridian Street. The site is zoned B -6 /Business within
the US 31/Meridian Street Overlay Zone.
Filed by Becky
R. Feigh of BSA Design for St Vincent Hospital Health Care Center,
Inc.
Page 16
Carmel/Clay Board of Zoning Appeals
May 28, 2002
Page 17 of 17
67-68j. This Item was tabled to the June 6, 2002, agenda.
Little Farms Addition, Lot 46 (V- 89 -02; V- 90 -02)
Petitioner seeks approval of the following Developmental Standards Variances:
V -89 -02 §25.9: Drainage accessory bldg encroaching in drainage easement
V -90 -02 §25. 1. 1 (B) (3) (b) (i) (b) accessory building setback
The site is located at 10401 Ethel Drive. The site is zoned R -1 /Residence and R-
3 /Residence within the Home Place District Overlay Zone.
Filed by Timothy M. Melanie Rae Brower.
L. New Business
1L. This Item was tabled to the June 6, 2002, agenda.
Board to consider amendments to the Board of Zoning Appeals Rules of Procedure.
M. Adiourn
Mr. Weinkauf moved the meeting be adjourned. The motion was seconded by Mr. Dierckman
and APPROVED 5 -0.
Meeting was adjourned at 12:45 AM.
Michael Mohr, President
Connie Tingley, Secretary
Page 17