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Cheers. 00:00:23
Turn your. 00:01:03
Good evening everybody. 00:01:05
It is 5:00, so I'd like to welcome everybody here this evening to the Floyd County Board of Zoning Appeals this Monday evening, 00:01:07
August the 12th. If you are not here for the Floyd County Board of Zoning Appeals, you're welcome to stay. You might get a little 00:01:13
bored by the end of the evening, but you're welcome to stay if that's not your reason for showing up. We have three agenda items 00:01:18
tonight and. 00:01:24
Before we get started, I just want to let you folks know. 00:01:32
Two of the three main. 00:01:36
Just because of the the fact that they're old items that are coming back up today. 00:01:39
They may require a little extra time. So as a courtesy to those applicants, we may extend their time limits, which you see up here 00:01:44
and we'll talk about those when we get to those. But I just wanted to get that out in the open early. And as we get to each agenda 00:01:51
item, I'll explain the additional time that we're going to a lot. 00:01:57
As a courtesy to those of you that are here to hear those and and respond to those, however whichever side you may be on. So with 00:02:04
that said, let's let's call the meeting to order and move again with roll calls. 00:02:10
Here here. 00:02:17
Here, here, here. 00:02:20
OK. We have full board. We'll proceed with minutes. The minutes of the meeting were circulated in advance and I will entertain any 00:02:24
questions, edits or corrections to those. 00:02:29
Mr. Chairman, I move that we accept, accept them as written. OK, we have a motion. We have second. 00:02:35
I'll second motion a second. All those in favor signify by saying aye, aye. I cannot agree with that. I wasn't here last week. OK, 00:02:42
and I'll I'll abstain as well. OK, so we'll we'll let the record. 00:02:48
Note that we have two abstentions and the minutes are passed as presented. 00:02:54
So moving on, we're going to begin the meeting tonight with agenda item number one, which is FC-04-24-16A, an old business item. 00:02:59
And as I mentioned a moment ago, our normal time limits for these requests are 10 minutes for the petitioner to get up and present 00:03:09
their case or anything they would like to share, 10 minutes for those that are here this evening to speak in favor of the request. 00:03:18
10 minutes for those in opposition and a rebuttal time of 5 minutes. 00:03:28
As again, as a courtesy to those of you that are here on either side of this issue, this evening, we're going to stick to the 10 00:03:32
minutes for the petitioner to state their case. But for the others that are for and against and the rebuttal, we're going to add 00:03:39
five minutes to each of them. So hopefully that gives everyone enough time. But we do have a time limit because there's a, there's 00:03:46
a 7:00 PM meeting that is supposed to occur this evening, assuming we finish on time, which I intend to do so. 00:03:53
With that said, unless someone has a strong opposition, we'll move along. And Mr. Craft? 00:04:01
Mr. Chairman. 00:04:06
I'm on the Edwardsville Water Authority board and I would like to recuse myself from this docket due to possible conflict. Thank 00:04:09
you. Thank you. OK, let the record show that Mister Heikamper is going to recuse himself and will step out of the meeting until we 00:04:16
have completed this agenda item. Mr. Craft. Mr. White? Yes. John Craft with law firm of Young Linden or some craft. I just have a 00:04:23
question as it relates to the 10 minutes. 00:04:30
Under the terms of your. 00:04:38
BCA rules and regulations. It specifically grants 15 minutes on an application and I'm looking at 5.8 of your rules and 00:04:40
regulations. 00:04:45
The grant 15 minutes and unless they've been amended since that time, uh. 00:04:50
It shows 15 minutes per and then it's actually a total of 20 minutes for a petitioner, 15 minutes of it will be for the 00:04:56
presentation and comments. And then likewise a remonstrators will have 15 minutes for presentation of evidence as well. So I'm 00:05:02
just curious if those rules have been changed since the publication of those. Thank you. That is a good question, Mr. Craft, and I 00:05:08
will ask Miss Fox that question. 00:05:14
Yeah, our last rules were put in place in. 00:05:21
Our last. 00:05:29
There we go. Our last set of rules were put in place in 2022, so if you will give me just a second to pull those up. 00:05:33
So that we can go over the process. 00:05:44
And I assume that's John, you were referring to the 2022 rules? 00:05:48
Of 2022, though. 00:05:53
Show me. 00:05:56
Let's see here. 00:05:59
5.8 is tabling your continuance of public hearings. 00:06:06
I think that you must be looking at an older version, but I don't remember the time frames being modified to you Nick. 00:06:15
Let me find the times though. 00:06:23
Initially in August 14th 2006, they were set at 15 minutes. I did not see in 2022 that they were reduced to 10. 00:06:31
OK, let me find that. 00:06:42
Mr. President, Mr. Craig, and just for the record, I will be asking for suspension of rules anyway as it relates to the time 00:06:44
limitations. But I did want to check since it did reflect 10 minutes and I can't speak to to that in detail. I'm going to rely on 00:06:51
this box there. I can tell you we followed the minutes or the rules, the time limits as I laid them out as long as I've been on 00:06:58
this board. Yeah, I believe I'm not able. 5.8 is definitely not the section, so. 00:07:04
Nonetheless, instead of wasting time over 5 minutes, we'll we'll move ahead and we'll grant you 15 minutes and we'll go from 00:07:14
there. 00:07:18
Nick, would you like to come up and give the staff report? 00:07:23
So the petitioner on this case is the sporting Club at the farm owner Joe Cree, location 4939 Highway 10. 00:07:32
11 S. 00:07:40
The request is to modify the special exception approval which was FC 04/24/16. The zoning district is agricultural residential. 00:07:42
The proposed special exception application was initiated in response to the request for documentation of compliance with 00:07:57
conditions of the previous approval for the property allowing a shooting clays club to operate in the zone. The conditions noted 00:08:06
in the in the violation letter dated February 13th, 2024 were the requirement to reclaim shooting associated materials. 00:08:14
And lead at a minimum every two years. 00:08:24
In To follow the EPA's best management practices for lead and outdoor shooting ranges in the associated Environmental Stewardship 00:08:27
Plan. 00:08:32
In response to the notice, the applicant provided a document from Doctor Richard Petticord, who was a contributor to the EPA 00:08:38
guidelines for outdoor shooting ranges. 00:08:42
And prepare of the ESP Environmental Stewardship Plan for the site. 00:08:47
The document summarized the EPA get guidelines regarding reclamation and provided a summary of interviews from three qualified 00:08:53
reclamation companies, but did not include site specific considerations. The letter noted that the representatives agreed their 00:09:00
reclamation, more frequent than the EPA guidelines would not be justified. 00:09:07
Doctor Pet Accord did not offer a recommendation regarding red LED reclamation in their letter. 00:09:15
The applicant was notified that they would need to modify the condition imposed by the BCA through a special exception 00:09:23
modification application in order to adjust the need for the lead the lead reclamation interval. 00:09:30
The applicant submitted a preliminary special exception application on April 5th. 00:09:38
In the final application by April 24th, in addition to a modification of lead abatement. 00:09:43
The applicant included the following additional requests To allow gun sales to add approximately 30 spaces for primitive and RV 00:09:51
camping. To modify the shooting boundary area. To modify the hours of operation for special events. To allow three to five after 00:09:59
dark shooting events during the winter season. To allow a pistol and rifle training education shooting range by appointment. 00:10:08
In a pistol rifle annual event. 00:10:17
To allow a motocross event. 00:10:19
To modify the alcohol sales condition to allow the sporting club to sell alcohol on site for events and to serve alcohol at the 00:10:21
club after 1:00 PM to close. 00:10:27
At the May 13th. 00:10:34
2024 BCA meeting staff requested the item be tabled to allow additional information to be provided by the applicant and to allow 00:10:35
Edwardsville Water Corporation to provide a response due to the proximity of the operation of the water wells. 00:10:43
The BZA table the application to July 11th or 8th. Excuse me. 00:10:52
The applicant submitted responses to BCA questions in response from Edwardsville Water in adjacent land. Owners Paul and Julie 00:10:58
Riley were provided by June 28th. 00:11:03
The item was tabled again to August 12th from the July 8th meeting due to a lack of quorum for the item at that time. 00:11:10
The site visit with Sheriff Steve Bush, Bobby Brooks and staff was conducted on July 11th to discuss the alcohol request and the 00:11:20
pistol and rifle request. 00:11:25
The site inspection A site inspection was also conducted. 00:11:31
Of the shooting stations and decibel readings were taken at that time. 00:11:36
I have provided notes in the results of those decibel readings. 00:11:42
At the time of this report, the property is in violation of several conditions already noted following the Environmental 00:11:48
Stewardship Plan and lead reclamation. 00:11:53
Additionally, it is in violation of the requirements to post rules to each shooting station, shooting outside of shooting 00:11:58
stations, and not shooting inwards and away from property boundaries. 00:12:04
Staff was unable to verify additional complaints listed in the Riley and Edwardsville Water Company response. 00:12:11
Those were shooting outside of boundary, alcohol in the range, decibel readings above 75 decibel threshold at the property 00:12:18
boundary or road, and hours of operation outside permitted times. 00:12:25
Staff findings for the request. 00:12:33
The special exception will be injurious into the public health, safety, morals and general welfare of the community. 00:12:36
Site specific considerations such as the presence of wetlands, soil, the city and the proximity to the Edwardsville water wells 00:12:45
justify extreme caution in the consideration of lead and other contaminants to the environment. The ESP provided at the initial 00:12:51
approval proposed a number of best management practices to follow, including including regular lead reclamation, regular pH 00:12:58
testing and treatment as needed. 00:13:05
Site interventions to prevent lead and water bodies. 00:13:12
Among others, to mitigate the risks to the environment. 00:13:16
The conditional approval of the use as a shooting club required following the EPA's Best Management Practices ADSP. 00:13:21
Currently the applicant is not compliant with this condition. 00:13:30
Therefore, extending the lead reclamation interval at this time would pose a threat to the environment and public health. 00:13:33
Further, the expansion of uses that support further shooting activities while the site is non compliant with the conditions would 00:13:40
pose a greater environmental risk and a potential hazard to Floyd County residents. 00:13:47
Any reduction in the intervals of lead reclamation should be based on site specific data including number, weight of lead 00:13:54
expended, soil testing and groundwater testing. 00:13:59
The EPA best practices guidance note some sites collect. 00:14:05
LED between 250,000 to one million shot intervals. 00:14:10
The stormwater pollution prevention plan. 00:14:15
In the approved ESP suggests the site would be a moderate use site, which suggests lead reclamation at three to five year 00:14:18
intervals. 00:14:22
Once the site is in compliance with appropriate soil treatment, station locations and monitoring interval adjustment may be 00:14:27
justified. 00:14:31
The use and value of the area adjacent to the property, subject to the special exception, will be affected in a substantially 00:14:37
adverse manner. The property is in non compliance with conditions placed on previous approvals. 00:14:43
Of the use to protect the safety, use and value of adjacent properties. Expansion of the uses while a non compliance will further 00:14:49
adversely affect adjacent properties. 00:14:54
Additionally, modification of boundary and hours of operation will result in additional noise production and intensity at neighbor 00:15:00
at neighboring residential properties and create a greater safety risk of shot leaving the property. 00:15:06
The need for the special exception does arise from some condition peculiar to the property involved. The property has been 00:15:14
approved for the special exception for the existing use. The process for amending that is through a special exception. 00:15:21
The property is also a large and at over 100 acres with significant portion in floodway, flood plain excuse me and significant 00:15:30
portion in steep slope and ridgelines. 00:15:36
It also has several large lakes in a number of historic structures. 00:15:42
These contribute to both the limiting of potential uses of the property. 00:15:46
Allowed in the AR zone, but also present unique opportunities for outdoor, recreational, recreationally oriented activities. 00:15:50
The strict application of the terms of the Floyd County Zoning Ordinance will not result in an unnecessary hardship in the use of 00:16:00
the property. The property has been approved for the use of Shooting Clays Club in the event and event hosts with reasonable 00:16:07
conditions. The applicant is not in compliance with those conditions. The applicant has not provided site specific evidence to 00:16:14
justify a modification of lead reclamation intervals aside from the summary interviews with three. 00:16:21
Lead reclamation companies. 00:16:28
That we're not aware of ranges collecting at two year intervals for small to moderate ranges like the farm. 00:16:30
The approval of the special exception will not contradict. 00:16:37
Objective of the Floyd County Comprehensive Plan The Sporting Club at the Farm proposes uses are characterized of supporting the 00:16:41
outdoor recreational use of the property in a rural setting and therefore is consistent with the comprehensive Plans primary goal 00:16:48
of preserving rural character. Additionally, it will support growth of local businesses. Staff recommendation would be to deny the 00:16:55
special exception request. 00:17:01
And the applicant should provide documentation of an executed contract with the lead reclamation company within 30 days. Provide 00:17:09
an updated environmental stewardship plan with documentation of progress towards each of the best management practices. 00:17:17
Locate shooting station structures in each shooting location. 00:17:25
Rules to be posted at each. 00:17:30
Each location and oriented to shoot inward and away from property boundary. 00:17:33
Relocate shooting stations over wetland area and do not shoot over wetland or anybody. Water water body provide evidence within 30 00:17:38
days. 00:17:43
That is the staff report if you have any questions for me. 00:17:49
Contains of them now. 00:17:53
OK. Does anybody have any questions for Nick? 00:17:55
OK, seeing none. Thank you. Nick is a petitioner or? 00:18:02
They're represented here this evening. And Mr. White, would you like me to go over those rules really quick? Those those are in 00:18:07
five. Yes, those are in 5.9 of the rules last amended May 2022 by this board. It's 5.9 H and that is 10 minute time period for the 00:18:14
applicant, 1010 minutes in favor, 10 minutes opposition and five in rebuttal. Thank you. 00:18:21
We're still going to give you your 15 Mr. Craft. 00:18:29
Thank you for the record, John Craft with the law firm of Young Lynn Anderson Craft, 126 W Spring Street in New Albany. Bearing on 00:18:32
behalf of the applicant as Mr. Preview read out there is this is to modify an existing approval. 00:18:39
I do have presentation to you a petition signed by 112 individuals in support of the petition itself. Make that part of record. 00:18:47
Thank you. 00:19:00
Additionally, this of course comes to you on an application. The application primarily to deal with lead abatement, gun sales, 00:19:04
camping, as well as potential annual events, some additional hours and alcohol savings I. 00:19:11
You may be aware that there were some questions that were initially posed to the applicant by certain members of the Board of 00:19:19
Zoning Appeals and I presume that you were presented with those answers that were submitted by the applicant to those individual. 00:19:28
Members, Mr. Whelan had asked some questions and there were written responses to those, and I am presuming that those have been 00:19:37
made by our director, Have they? 00:19:41
I believe that. 00:19:46
Yes, they have. OK, thank you. So again, we want to make certain that those those are part of the record. As indicated, this 00:19:49
matter is before you for a specific request to modify the original approval. Several things that I think are important I will be 00:19:58
speaking as well as Joe Cray, who is one of the primary members of the LLC that currently owns the real estate. 00:20:08
Likewise, there will be some comments by Jason Likens. 00:20:18
As well as Charlie. He'll tune it. 00:20:22
In order to address these, and again, I'm requesting that we suspend the rules in order to allow the presentation of the 00:20:25
appropriate evidence before you that carries out the application. As Mr. Preview went through, the specific elements that we have 00:20:33
to deal with our primarily those that are set out in statute and likewise those that are set out in the zoning ordinance. 00:20:41
Most most recently. 00:20:51
The original staff report had some different items on it, but since submission of some of the questions by some of you members to 00:20:55
the applicant and the answers of those, there have been some staff findings that that have changed as a result of that 00:21:01
information. I think probably the most important area that we will deal with and I'll I'll touch on it, but ultimately Mr. Cray 00:21:07
will touch on it as well. 00:21:13
Primarily deals with the ESP. 00:21:19
As well as the best management practices. You might recall when this was originally approved, it was placed upon a two year plan. 00:21:23
Ultimately, while the two year plan was put in place, it was a bit of an arbitrary number with respect to that information that 00:21:31
was previously provided to you in the initial application based upon the number of shots. And as a result of that, Mister Craig 00:21:39
will eventually speak to that. I think it's important to deal primarily with the use and value of. 00:21:47
Piece of that specifically since the. 00:21:56
Farm has been opened. 00:22:01
There are now available to us and I will make these part of the record as well. I'll hand these out to you. 00:22:03
What I what I placed before you primarily deals with real estate values as shown in Floyd County based upon Floyd County records 00:22:27
relating to those surrounding properties, specifically as it relates to the 2019 time period and the current 2024. 00:22:37
Each of those will reflect that there is an increase in value. 00:22:47
Specifically with respect to my client property, which is at the very bottom page one, as well as the property of Miss Snyder, 00:22:52
Miss Wade and Miss Kines David, Martha Wright, David and Suzanne Kalyn Mayfield, as well as the Rileys being 1A vacant piece of 00:23:00
property and then likewise being their residence. 00:23:08
In each of those instances, it does show that there has been an increase in value. 00:23:17
Since the opening of the farm, so again addressing that issue with regards to the specific values. 00:23:22
Since that has been opened, likewise the other piece that I think was important was dealing with a condition peculiar to the 00:23:31
property as noted by Mr. Prevey. Mr. Preview addresses the fact that this is 100 acre tractor property and as a result of that 00:23:39
many portions are in a floodplain as well as steep slope. So the result of that it doesn't limit. 00:23:47
And likewise there are some large lakes as well as historical structures. 00:23:55
When we look at those conditions, they contribute to the fact that this is a condition peculiar to the property involved, So the 00:24:01
result of that specifically addresses a positive there and then. Likewise, dealing with the approval of the special exception will 00:24:07
not contradict the goals and objectives of the comprehensive plan. With respect to that. Once again, the staff specifically 00:24:13
addresses that. 00:24:20
That says specifically the sporting club at the farm. Proposed uses are characteristic of supporting the outdoor recreational use 00:24:27
of property in a rural setting. 00:24:32
And is therefore consistent with the comprehensive plan primary goal of preserving rural character of the community. Additionally, 00:24:37
it will support the growth of local business. 00:24:42
When we look specifically at the issues pertaining to violations as it relates to maybe signage as it relates to the shooting 00:24:49
station. 00:24:53
Many of you may be aware there was a tornado that ran through there, many of the signs that were removed. And if you look at all 00:24:57
of those locations, you're going to find that there are only two, maybe three at Max that don't have the signage. 00:25:03
Result of that, Those have since been replaced. Don't know if you visited but those have been replaced. But that was a result 00:25:09
solely of the weather and the fact they came down as a result of the weather. 00:25:15
When we look specifically at the other elements that we're dealing with and the approval that we're requesting this evening, I'm 00:25:22
going to let the individual that is the primary member of Muscle Bound LLC, which is the current owner of the real estate, Joe 00:25:30
Craig, come up and speak to you on that issue. And then again requesting that we be looking at the possibility of. 00:25:38
Suspension of the rules if we carry over that 15 minute time period. 00:25:47
In order to allow Jason license to speak and then likewise Mr. Hill TuneIn to speak as well, I decided I would call on Joe Cray to 00:25:51
come up and speak to you with respect to the approval. 00:25:57
Thank you very much. I want to thank you all for your all time. Please state your name and address for the record. Yes, my name is 00:26:07
Joe Craig. I'm at 7209 Leafland Place, Prospect, KY. 00:26:12
So I just want to thank you all for your time and, and letting us come to speak to you all. We want to address our efforts for 00:26:22
lead abatement efforts, environmental stewardship. Just to speak from a personal perspective, I've been a fan of the farm since I 00:26:29
first went there. One of my reasons for getting involved was to help preserve the property, not let it fall into disuse like it 00:26:36
was prior. Make sure it's there and it's preserved and taken care of for, for my kids and, and everybody. 00:26:43
Then going forward, it's a great spot for anybody in the community to come visit and something that we really want to make sure 00:26:50
we're protecting. 00:26:53
With regards to our lead abatement practices, as part of our commitment to environmental responsibility, we adhere to the strict 00:26:56
EPA best management practices for lead and outdoor shooting ranges. It's a copy of this. I believe you guys have been, you all 00:27:02
have been supplied that. 00:27:07
That was written with consultation from Doctor Richard Pettycord. He is a. 00:27:13
Contributor and peer review for that document. He's also the one that has developed our environmental stewardship plan as well our 00:27:21
ESP. 00:27:26
Excuse me? 00:27:34
We've determined that physical lead reclamation is not necessary at this time. Conducting lead reclamation prematurely will cause 00:27:35
more harm than good, leading to soil erosion, damage native vegetation, and disrupt the local ecosystem. 00:27:41
Instead of focusing on on thoughts or impressions, we stick to the EPA best management practices, the Indiana Department of 00:27:49
Environmental Management's Technical Guide, which we supplied you all with as well if you all have received that. 00:27:57
And to our ESP that. 00:28:04
Has also been supplied. 00:28:07
The number one, the number one concern is to limit the mobility of lead in the soil. 00:28:10
We want to make sure that where the shopfall it remains. 00:28:15
To do so, we make sure to maintain a pH level that's within the EPA recommendations. 00:28:20
And we do pH testing on the schedule in accordance with that. 00:28:27
The ideal setting is the ideal. 00:28:33
Value is between 6.5 and 8.5 pH levels. 00:28:36
We, we monitor the pH and we do line applications as necessary. We worked with Premier AG in Cordon to do the soil testing. Copy 00:28:41
of that soil testing has been submitted to you all. We work with them in September. They prefer the drier times of the year, early 00:28:49
fall for line application. We'll be doing our next line application when the pH is in that. 00:28:58
Range. It's very stable and it does not reach more than two or three inches. 00:29:07
Into the soil and it stays where it is. 00:29:11
So continue testing is a key part of our environmental stewardship. 00:29:17
We focused on preventative measures, cement soil samples to premiere AG, and continue to monitor levels. 00:29:22
To ensure the health of the soil. 00:29:30
Q3 last year was our last application and we applied line at the recommended rate. 00:29:32
The formation of the lead phosphates from lime application are very stable. 00:29:41
Insoluble and therefore minimizing environmental impact. So you'll have a copy of that report. 00:29:46
We do. We follow many of the the best practices in the Best Practices Guide. 00:29:53
Whether it's some of the the check dams, which Bobby can speak to that we've installed that helped control the flow, helps control 00:29:59
where sediment sets our duck hole, which I think you guys were provided a video of. That's actually one of our detention ponds 00:30:06
that's also listed in the APA best practices to be a catch all for anything flowing. So that's that item that feed that water 00:30:13
feature is not a. 00:30:20
A wetland instead. Part of the EPA best practices. 00:30:28
It's important to note the two year reclamation schedule is neither part of the EPA's best management practices nor environmental 00:30:34
nor in our environmental stewardship plan. 00:30:39
This requirement was imposed unexpectedly at the original hearings, not aligned with industry standards or guidance from 00:30:44
environmental experts. 00:30:48
EPA best management practices emphasize that lead removal should occur at a frequency appropriate to the specific site conditions. 00:30:53
With our lead depth, our lead deposits far below the threshold where reclamation is considered necessary. 00:31:00
We believe that adhering to a rigid periodic schedule would be premature and not in the best, not in the best interest of 00:31:08
environmental sewage and. 00:31:12
As noted in the staff review, the. 00:31:18
250,000 to 1,000,000 target. 00:31:21
Listing is somewhat. 00:31:25
Missing. 00:31:30
The complete sentence from the EPA's report. That sentence said that. 00:31:31
One source indicated that when a range has thrown at least 250,000 to 1,000,000 targets, depending on the shooting area, 00:31:36
regulation of lead shot is encouraged. 00:31:40
It goes on to say another reclaimer indicated that at least 2 lbs of lead per square foot have. 00:31:45
When at least 2 lbs a square foot have accumulated on the range, lead reclamation would be recommended. So it's something like a 00:31:51
trap or feet field where the shot fall is condensed to one small spot less than an acre. 00:31:58
A million targets in that space would warrant reclamation. 00:32:05
Our shopfall area is over 30 acres, so if you extrapolate that out, it's a much. 00:32:10
Wider space. So we're not looking to be at the 2 lbs per square foot that would put us around 41 million targets before letter 00:32:16
information. We don't have an interest in it. With that. We just want to follow the ESP and EP as best practice guidelines, best 00:32:21
practice, best management practices, working with licensed letter recognition companies to ensure that we're we're doing what's 00:32:27
right for the environment. 00:32:33
We're committed to following our environmental stewardship plan developed with the expert guidance. 00:32:40
Of Doctor Richie Perry Cord, again one of the authors of the EPA Investment Management Practices. 00:32:45
Reclamation professionals as necessary. Our goal is to balance the needs of our community with responsibility to protect global. 00:32:55
Local environment We take this beauty very seriously and the health of the local ecosystem is a top priority here. Thank you for 00:33:02
talking considerations. 00:33:06
And I will defer back over to our Council. 00:33:11
Mr. Craft before you. 00:33:16
Come up and speak, I want to ask the board. 00:33:18
Mr. Craft asked if we would be willing to suspend the rules of time, and I'm gonna let the board make that decision given that we 00:33:20
already expanded time for those, for those against and rebuttal. So I would ask the board for their recommendation. 00:33:29
I guess I would ask Mr. Craft, how many more? How much time does he think he needs? 00:33:39
Does he need 5 minutes more or does he need 1/2 an hour more? I guess that's fine. We if I made Mr. B Plaza, we would ask for a 00:33:43
total of 30 minutes. We, we have and likewise giving the opposition those folks that are here to oppose it are those folks that 00:33:49
are here to speak have the light amount of time. 00:33:55
This is an important matter and certainly as Miss Fox would indicate, when we go into court, we're not necessarily limited on 00:34:02
time. It's a matter of presentation of appropriate and proper evidence and we believe it's only appropriate would be allowed a 00:34:08
total of 30 minutes in order for us to move forward. 00:34:13
So I'm going to ask the board for their input. 00:34:20
I have no problem. 00:34:24
With 30 minutes total, I'm good with that. 00:34:26
30 minutes. Thirty minutes total time. 00:34:29
30 minutes total for the petitioner. Yes, OK. 00:34:31
OK. Mr. Craig, at this time I would call on Jason Likens to speak to you on the issue with regards to the request on the pistols. 00:34:36
OK. 00:34:40
Evening. Excuse me. Good evening, Jason Ligands, 4206 Miners Way, Sullivan IN. 00:34:50
How are you? All awesome. 00:34:55
I'm here on behalf to discuss the views on actually putting in a range. 00:34:58
My background on this I would suspect that I'm probably the subject matter expert in this room when it comes to building ranges. 00:35:04
For First off, foremost is the safety. The safety aspect of a firing range is always at the forefront. 00:35:10
About is safety, we talk about safety, we want to talk about the SDZS. So it's the surface danger zones of the possible. 00:35:47
Ammunition that's being extrapolated through the gun and into the berms themselves. 00:35:56
Per a couple of guidelines, you're going to have the unified facilities criteria, which is what I cite my stuff out of, and then 00:36:01
you also cite it out of the NRA's best practices for range management. 00:36:06
Those are my two primary go TOS to make sure that we are in compliance with everything that we can possibly do to mitigate 00:36:12
anything from ever happening that could go bad. So that being said, Long story short, we build this range if if given the 00:36:17
opportunity to build this range, this range is going to be conducted for. 00:36:22
Educational purposes, this is not going to be an open range like most people think of. Sometimes when we think of open ranges, we 00:36:29
think of Knob Creek, we think of everybody showing up up in Henryville State Forestry, something like that. Or is that? And that 00:36:35
is absolutely not the case of this. This is going to be by strict guidelines. It's going to be by strictly you calling and getting 00:36:41
an appointment set up and having a true professional, which also could possibly be me as your instructor. I'm a certified farms 00:36:46
instructor. 00:36:52
Multiple facets. I believe that you all probably have no certifications in front of you at this time. So that's going to be 00:36:58
through the US CCA, It'll be through the NRA and other multiple agencies that I've that I've trained with, whether it be law 00:37:02
enforcement or civilian. 00:37:06
So that being said. 00:37:11
This portion of the range would be pistol and rifle, pistol being up to typically 9mm. That's kind of the number one going 00:37:13
ammunition for this day and age and up to a 308 round, so 308 round. 00:37:20
It's one of the things that people like to get a little bit upset about because I think that it's going to travel so far and so on 00:37:28
and so forth. Well, if we put a target out and further guidelines of both the NRA and also the. 00:37:33
Excuse me. Yes, the NRA and the Unified Facilities criteria. 00:37:40
If you have a target, that's out here. 00:37:45
By statue of these, there only has to be a burn. It's 14 feet above that target in order to make sure that you are capturing 00:37:48
again, best practices capturing the bullet, the berm itself. If we look at what we have set up in the valley that we're looking at 00:37:53
doing this at. 00:37:58
The hills are 300 vertical feet and. 00:38:04
300 vertical feet. I'm asking for 14 foot above a target. 00:38:07
We've got 300 vertical feet. That's a huge difference, you all. So what that means is is we're now going to be able to take our 00:38:11
risk of negation and even lessen it down and get it to where it's probably one of the safest, if not the safest area to shoot. 00:38:18
The other part to that is, is something that we want to think about is and that's noise pollution. 00:38:25
Noise pollution obviously is a big thing, especially when we have neighbors. 00:38:30
Thing about a 308 round is it runs at about 156 decibel. 00:38:35
So that's the, that's the height of it's, it's, it's, that's why as it'll get problem with that is you have to talk about 00:38:39
atmospheric pressure, you have to talk about temperature, wind direction. These all have adverse effects and the propagation of 00:38:45
the sound. So is there any way that we can seriously sit here and state that we can state that if somebody's property is 3/4 a 00:38:51
mile away, which is the closest home and in the area that we want to put this is .71 miles away, is that person going to hear that 00:38:57
round? 00:39:03
There's nobody in this room that's going to tell you yes or no because it's going to depend on again, the atmosphere, pressure 00:39:10
that all this other stuff that that we have to contend with that there's just no way of of being able to ever state that no, they 00:39:14
would not hear this or yes they would. 00:39:19
However, with that being said, inside this valley, noise goes up and then it goes out. 00:39:24
So with again this valley that we're looking at, trying to put this in 300 foot Earth elevation is going to absolutely mitigate 00:39:29
the noise pollution and all atmospheric pressure that we can possibly come up with. 00:39:34
Any questions? 00:39:50
Thank you, Mr. Likens, Thank you. 00:39:55
Call on Mr. Hill TuneIn to speak to you now at this point. OK, Thank you. He'll introduce himself. 00:39:58
He didn't mention this one. 00:40:04
Mr. Chairman, members of the Committee. 00:40:09
Charlie Hill Soon and I'm a board member of the National Rifle Association of America. I also stand as president of the State 00:40:12
Rifle Pistol Association. Usually this is a function of our government affairs team, but the highest leadership in our 00:40:20
organization has decided that they wanted to have a board member here because of the importance of this area to our association. 00:40:29
This area just happens to be probably one of the highest concentrations of our members. We have probably one. Well, we have the 00:40:38
best event. 00:40:42
In, in this in the United States, just right out here outside Uber, Uber winery. And we think it's important to have these 00:40:48
resources available to our membership. Shotgun Sports in particular, it's very hard to find. 00:40:55
Places to shoot? There's only two in this area. The next closest you have to go to Mitchell Crown Point I. 00:41:05
And then up to French Lick that area. So there are very few opportunities here. We have very robust youth shooting sports 00:41:15
programs, we have training programs and we have the ability for members to come and shoot. We have reviewed the practices of this 00:41:23
particular facility. We found them to be very safe when we looked at. 00:41:31
The requirements were kind of. 00:41:39
There was a little confusion. The standard of having lead remediation at a sporting play range every two years is is unheard of. 00:41:45
It's a different facility. We think those rules apply to some of another range where you're talking about. 00:41:53
A high. 00:42:02
Incident of targets in one position where you collect. So usually with lead mitigation you're looking at those high concentrated 00:42:05
areas you don't have that in sporting plays. So we really rely on the conditions of the area and the testing so soil testing, 00:42:12
water testing is critical and it's all really based on that in order if you take a look at what's done in the process of lead 00:42:19
mitigation, it's very. 00:42:27
And very intrusive to land and structures. 00:42:35
Applying A2 year standard to this, where we think that it would be completely unnecessary, would place. 00:42:42
Not only an unnecessary hardship, but we believe that the cost of that type of mitigation would create a hardship to keep that 00:42:49
particular business going in our opinion. We've seen this over and over again across the country. So we think that. 00:42:58
It needs to be based on sporting clay facility. We think that this particular rule wasn't intended for a sporting clay facility. 00:43:09
So we are, you know, NRA is number one concerned safety first concern about the environment and the area. So we in conjunction 00:43:17
with a lot of our partners, Ducks Unlimited pheasants. 00:43:26
Forever and all the other conservation groups, we always believe that. 00:43:35
You do more for an area than you. 00:43:40
You leave a area better than where you. 00:43:43
Left it and when we take a look at the farm and see what they've done as far as conservation, development of the wetlands and 00:43:46
things, we think it's very positive. We do have resources in the state of Indiana. 00:43:53
Our director of competitions, who also is intricately engaged in ranges. We were going to have him come today. He's actually based 00:44:01
in Indiana. We're currently running our national matches at Camp Atterbury. So he's incapacitated. 00:44:10
But the NRA has authorized him to engage, to help and consult and make sure that, you know, the facilities are run where there is 00:44:19
no danger to the public. 00:44:25
But this is a precious resource for us and for our members and would like to continue. When you take a look at BCA rules, you look 00:44:31
at the the staff findings, they're really all based on hazardous that this is it could be or no. It says it will be injurious to 00:44:41
health, safety, morals and general welfare of the community. All the other findings arrest upon that you look at the current. 00:44:51
Values the soil and the water testing. 00:45:03
There's no indication of any hazard whatsoever. So we think that that really takes the wind out of the sails of all the other 00:45:07
arguments. But like I said, the NRA is very, you know, they were invested in our members and safety and we'll, you know, be 00:45:13
invested in this particular operation too. 00:45:19
The. 00:45:28
Yeah. And of course, I address the unnecessary hardship, but this is very important to our organization, our members and we really 00:45:33
appreciate your consideration. But our utmost concern is to make sure that they can continue operations, expand. 00:45:41
Their role here, the role of, you know, especially in their youth. I just gave a speech at a national organization about the 00:45:51
importance of youth and teaching, respect, responsibility. 00:45:56
All that and that is a resource we need to. 00:46:02
Do more of here rather than less. So thank you. If you have any questions, I'm available. But thank you so much for your 00:46:05
consideration and time. And I have one question. I was making a note when you came up. Did you state your address for the record? 00:46:10
We got your name. 00:46:15
Washington Blvd. Indianapolis, IN Thank you. Any any other questions or comments? I do have a question. Could you go just go 00:46:22
through the process? I'm unfamiliar with it how they would remediate the lead tell me you say it, it would disturb and do more 00:46:29
damage to the land kind of go through how they the process for us. 00:46:35
We we actually had a remediation project in. 00:46:42
Fortville, IN and they basically have scrapers so lead only penetrates. Like I said, if your pH is right, you're looking at about 00:46:47
two to three inches of your soil. So they actually have scrapers that will come scrape the dirt, then they separate the lead out. 00:46:55
With most. 00:47:05
Ranges in my experience, when you get lead at a level where you have to remediate, it's, it's still not at the level where it's an 00:47:08
environmental concern, but it's where you want to clean it. Usually you get enough lead that's going to more than pay for the 00:47:14
remediation itself. So under these particular rules, if you're doing it every two years, you're not going to get enough lead to do 00:47:20
anything a you're not going to be at any level that's going to be remarkable. That in and of itself isn't dangerous. It's a 00:47:26
concentration. 00:47:32
And it's the seepage thereof, so. 00:47:39
If you do it every two years, you're not even going to cover your costs for that. And it's it's it. 00:47:42
It's so. 00:47:48
I guess there's no chance of. 00:47:52
Introducing itself into drinking water or. 00:47:55
The soil or anything like that? 00:47:58
Good. Any other questions along the same lines? Is there any? 00:48:03
Study of the reclaimed amount versus the projected to be reclaimed amount. 00:48:08
Or so is, you know, based on number of shots, yes. 00:48:15
Yeah. But most of that is done by testing and then, um. 00:48:21
Yeah, there are studies. 00:48:27
But there are ranges versus where you're shooting in one area versus. 00:48:29
OK. 00:49:05
Any other questions? 00:49:08
Thank you, Mr. Hilton. Thank you have. 00:49:10
Thank you, Mr. Craft. 00:49:14
Yes, Sir. Mr. White, couple things I would like to touch on gun sales. The the reason for the request for gun sales is much of 00:49:16
what is done at the farms is educational, not out of the ordinary that Mister Brooks may be out there teaching a young man how to 00:49:23
shoot, going through the educational process and the father. 00:49:31
Indicates well, we need a gun. Can you recommend a gun? And that's the intention behind the gun signals that opportunity to not 00:49:39
necessarily go out and commercialize the fact that we've got gun sales, but in line with what is being done at the farms. So when 00:49:46
those individuals ask that question, what can you recommend for my son to use, my daughter to use, ultimately having that 00:49:52
opportunity to have that occur? 00:49:59
Alcohol sales, to touch on it very briefly. 00:50:07
As you may know, there are certain events that currently take place at the farm. Those have been catered and those instances in 00:50:12
which they've been catered, they have used the. 00:50:17
Permit of the catering company that does that. This would allow the opportunity and again with specific rules and regulations 00:50:23
pertaining to hours of use with regards to the sale. Likewise, one of the things that happens out there is that it's closely 00:50:29
monitored. Mr. Brooks as well as his staff closely monitor. There is no one that will appear on the range that has alcohol in the 00:50:35
system. 00:50:41
Likewise, there will be nothing that would allow any individual to use alcohol and then go out onto the range. 00:50:48
So again, it's important to look at that factor and they're looking specifically at their liability in requesting this change. 00:50:55
The additional hours, it's not really expanding the hours as much as you might recall. And I think that in my original application 00:51:04
I mentioned the term hall pass in which there is an opportunity for special events and that's all that is being requested at this 00:51:13
time, hosting three to five special events at that. One of those might be gloves. 00:51:21
During the winter season, weather permitting, again, it's an event that wouldn't allow them to continue to use it during those 00:51:30
seasons. In doing so, we would of course, at that point, based upon that Hall pass situation, be looking at the possibility of an 00:51:39
expansion of the hours or extend the hours solely for those events and those annual events primarily. 00:51:47
Would be on an annual basis. Fiscal rife, rifle matches, motocross events. 00:51:56
Again, these are within the body of the application, within the body of the request. We're asking that this evening you modify the 00:52:02
original approval, modifying it to the extent to allow for those items that have been requested this evening. 00:52:10
I of course would reserve my 5 minutes of rebuttal at the time in which that comes up. Thank you Mr. Craft. 00:52:18
OK, we have heard from the petitioner. Can I ask one question before we move on? 00:52:26
I want to go back to Mr. Cray, who reported he pulled your mic up a little bit. 00:52:31
That he reported about how much testing, pH testing had been done. Yes, Sir. 00:52:38
The document that I read, I only saw two tests samples of pH. Do you have more than two test samples of pH? Those were. That was 00:52:44
what was requested. We could provide more. We work with Premier AG that you've only taken 2 at this point. 00:52:51
In five years you've only taken 2 pH samples. This was the most recent report. 00:52:59
So you take. 00:53:04
Listen to my question. Have you taken more than two samples? How many samples have you taken in the five years? 00:53:05
Three samples in five years, not 220. That is, you should have taken it this time. 00:53:15
Where do you see two in your? In your stuff in your? 00:53:25
Appendix C, you're supposed to take 20 samples every six months, so you should have taken 220 samples by now and I and so you're 00:53:30
only reporting on three. You answered my question. Thank you. Thank you. 00:53:36
Any other questions from the board before we close this section? 00:53:46
I'm done. OK, So we've now heard from the petitioner. We will close that section of the meeting. We will move into the next 00:53:49
section, which is those in favor of the petition. And as I said at the beginning, we're going to grant 15 minutes of time. Miss 00:53:56
Adams, you've got that up there. OK. So and again, in the interest of time, folks, 15 minutes is all we have. So when we get to 00:54:04
the end, we will inform you if we're not done by then and we'll move on to the next section. So is there anyone here? 00:54:11
That would like to speak in favor of this application. Please come forward and state your name and address for the record. 00:54:18
Good evening, everyone, Jason Sharp from Floyd County Commissioner. I'd like to begin by acknowledging the difficulty the member. 00:54:28
Of. 00:54:36
This board are often faced with it could be extremely challenging to find balance with some of the actions that this board makes. 00:54:37
And you know I've had the distinct pleasure of serving with most of you, not only but most of you and ahold of each of you to be 00:54:44
in the highest regard and character. As many of you know, I have served over 24 years as a professional firefighter. Many of those 00:54:50
years I have served as a fire investigator. 00:54:56
What many of you may not know is on many occasions fire investigators are required to serve as subject matter experts. Excuse me? 00:55:03
We are bound by the rules as other subject matter experts are held to. 00:55:11
This ensures that the science used the base our conclusions are accepted by our peers and that we can clearly demonstrate our 00:55:14
knowledge and expertise. Subject matter experts can even be required to demonstrate our knowledge of the subject in which they are 00:55:21
speaking to ensure junk science is not being applied in our courts. I think subject matter testimony very seriously. 00:55:27
I have examined both the report from Doctor Pett Accord as well as his CV and Doctor Perry for CBI found that his knowledge and 00:55:35
experience is to be more than adequate as even the Environmental Protection Agency has used his work to develop standards and help 00:55:42
develop environmental stewardship plans specific to sites at more than 100 shooting ranges in 32 states. 00:55:48
According to the staff report, the conditional approval of the shooting club required the use of the EPA's best management 00:55:56
practices and the ESP. 00:56:00
I would assume that the term best practices were used as those type of documents are typically subject to change from time to time 00:56:05
as the science evolves. 00:56:10
The staff report also indicates that the site should be classified as moderate use, which required three to five year reclamation 00:56:16
cycles, but once the site was in compliance with the appropriate soil treatment station locations and monitoring intervals, it 00:56:23
could be justified. However, in Mr. Paracord's document specific to the supporting club at the farm, he cited no less than two 00:56:29
companies that knew of any range that was required to reclaim lead in a period of less than five years. 00:56:36
I've spent a lot of time dissecting this staff report. 00:56:44
But I want to ensure others the appropriate time to speak, so I will close with this. The vast majority of Mr. Brooks requests to 00:56:47
me seem to be very reasonable. 00:56:51
I found Mr. Brooks to be honest, transparent and accountable, so I hope that this board weighs the positive impact The sporting 00:56:55
club at the farm. 00:56:59
Not only has on our local economy, but also the work and instruction given back to families within our community. 00:57:03
We must all strive to protect our environment, but let's do so you just utilizing real science, not the junk science that that 00:57:09
you've seen criticized over the last several years. Thank you. 00:57:14
Anybody have any questions? 00:57:20
I don't think so. Thank you, Mr. Sharp. 00:57:23
Is there anyone else here who would like to speak in favor of this request this evening? Please come forward. State your name and 00:57:26
address for the record. 00:57:29
Chris Chris Welch, 3806 Dogwood Rd. Floyd Knobs, Indiana. 00:57:34
Mr. Cravey. 00:57:40
Tough job doing all this, but you're doing your job. But to the board, I ask you, I know. Sure, each and everyone of you all have 00:57:41
been in a different cult situation like this before, either being construction or whatever. 00:57:49
But and if you didn't get leniency. 00:57:58
You wouldn't go any further. 00:58:02
I think that we're telling the public that we don't want business in Floyd County. 00:58:04
Yes, there there are violations, Larry. 00:58:11
As in the pH soil? I think they need to. 00:58:15
What is reasonable? 00:58:20
That sounds unreasonable to me. I don't know how many times you all check your pH level at home, but it doesn't sound reasonable. 00:58:21
But I ask you all to have given some leniency and prove this modification so they can continue business and go on with providing 00:58:29
income for their employees. Thank you. 00:58:36
Thank you. 00:58:45
Is there anyone else that would like to speak in favor of this request this evening? 00:58:46
If so, please come. 00:58:50
Come forward, state your name and address for the record please. 00:58:53
Bobby Brooks. 00:58:57
840 Furnish Temple Road, Cordon, Indiana. 00:58:59
I understand what it said and and you that seems like a ridiculous gap in testing. However, if the pH is not changing and you're 00:59:03
applying the. 00:59:08
If the pH is not changing, if it was, if it was going up and down in any rate, we would continue testing that. But it's not. So we 00:59:14
don't, we don't know that it's not because you don't have a pH. Do you have APH from day one? 00:59:20
Do you have a did you take pH is before you started? When we when we planted all those warm season native grasses out there, 00:59:28
premier egg came down, they did our spring, they did lime application and our pH testing and when was that in 2019 or 20? 00:59:36
I'd have to look back, but it was. 00:59:45
What's happening? 00:59:48
Different areas. 00:59:49
But I mean, we, we want to do that. And if the pH is going up and down, I mean it, it doesn't. You just told the guy you took 00:59:52
three samples. 00:59:57
And your best practices guide says you're supposed to take 20 samples around the site every six months. So that would have been 01:00:02
220 samples. And you've told me you've only taken 3. So I'm. I'm struggling to believe that you can tell me that it's going up or 01:00:10
down. That's all I'm saying. I don't know how you understand where I'm at. OK. 01:00:18
I don't think 3 samples will look. Can confirm that. 01:00:27
Come forward, state your name for the record. 01:00:32
Name and address for the record. 01:00:35
Hello, I'm Gary Bennett, 959. 01:00:40
Common Dr. S Indiana. I have no idea about pH, water levels, anything like that but. 01:00:44
I am the. 01:00:52
President of the board of the charity The 501C3 that operates the sporting club at the farm shooting team. 01:00:54
We have 2223 shooters on that team. 01:01:03
That rely on Bobby and the sporting club at the farm. 01:01:07
For their passion, what they love to do. 01:01:12
Just this past year, we have. 01:01:16
One shooter that came in second in the country out of 700 shooters. 01:01:20
With the national championship. 01:01:25
We have some rookie shooters which is under 5, under grade 5. 01:01:28
Going into 6th grade. 01:01:33
That just came in second in the national championship. 01:01:35
That is what. 01:01:39
Everybody to hear, to just understand how important it is that the farm. 01:01:41
Continues. And I agree. If there's there's things that they should do, they should do it. 01:01:47
I don't have any problem with that, but there are a lot of young kids currently in the future that's going to rely on the farm in 01:01:52
order to. 01:01:57
Have an Ave. that they wouldn't have otherwise because I think you would look at most of the kids on our team. They're not the 01:02:04
star baseball players, right? They're not the football players. But they have found a passion and have really succeeded and I 01:02:09
would say that my son is one of them. 01:02:14
He's not very good at baseball, he's not very good at football, but he's a very good shooter right in the sporting club at the 01:02:20
farm is providing him an opportunity. 01:02:25
In life to get scholarships to travel around the country. 01:02:30
Which you wouldn't have if it's not available to. 01:02:35
So I just want everybody to know that there is a very, very strong. 01:02:38
Community of Youth. 01:02:42
That really rely on this program. 01:02:45
Any questions? 01:02:48
Thank you. Thank you, Mr. 01:02:51
Is there anyone else who would like to come up in the last minute and a half speak in favor of this request? 01:02:56
Who will please come forward? State your name and address for the record. 01:03:04
Her call is 2696 Georgetown, Greenville Rd. Georgetown, IN, in a minute. I work at the farm and I want to speak on the liquor 01:03:09
license and the staff at the farm we're very professional. We've never had an accident. I'm very strict, very scary, as you can 01:03:15
see. And all the professionalism that will be given that we've already been given will be given to the same effect if we get a 01:03:20
liquor license passed, so. 01:03:26
Any questions? 01:03:32
Scared. Thank you. 01:03:34
Okay. 01:03:39
We have 48 seconds if anyone would like to talk. 01:03:41
Seeing none, we will close that section and now we'll open up 15 minutes for those who may be here in opposition to this request. 01:03:46
So if there's anyone that would like to speak, please come forward, state your name and address for the record. 01:03:52
Mr. White, members of the board appeals. My name is Jonathan Hughes. I'm an attorney at the law firm of Bozeman, McKinney and 01:04:04
Evans, with addresses at 111 Monument Circle 2700 in Indianapolis. And I'm here on behalf of Paul and Julie Riley, who reside at 01:04:09
39345 Mile Lane underneath. 01:04:14
Here this evening stand. 01:04:20
Members of the board, I know that the petitioners requested 30 minutes. I have prepared my remarks to try to keep them within your 01:04:25
rules and I will do my best to do so, but we may also request a similar request in the event other folks want to speak. 01:04:32
To start off, I want to make sure a couple things #1 Mr. Janak, who's here with me as well for my law firm, submitted a letter to 01:04:39
you all dated June 28th, 2024. Just want to make sure it's in your records. Thank you, Mr. Bieberhauser. And then in addition, I 01:04:46
just want to make sure that we include the, the entirety of the Florida County zoning ordinance in your record. 01:04:53
I assume that's something that we're applying. So just make sure that's included in your record. And then finally. 01:05:01
As an additional matter to bring to your attention, I have a petition signed by 111 signatures in opposition to this request 01:05:06
signs. 01:05:09
Thank you. Thank you. 01:05:14
Some words I heard tonight I think really ring true for for what I'm here to stand in support of. 01:05:23
Which are the words respect and responsibility and that we have folks that are relying on the operation of this farm. 01:05:31
Respect and responsibility includes following rules. 01:05:38
And those rules were established by this Board in 2019. 01:05:42
Your staff report has noted a number of violations. The materials that I'm going to go through with you now include a number of 01:05:46
other violations, and that all matters because your zoning ordinance says and it's in Section 15.14. 01:05:52
That this board has a duty to revoke any conditional use or special exception if such evidence is presented to the board of the 01:05:59
public meeting. That the conditions placed on the approval of the docket have not been met. You've not only heard from staff that 01:06:04
they haven't been met, you've heard tonight from the petitioner that they haven't been met, and you're about to hear now from us 01:06:10
that there are additional conditions that have not been met. 01:06:16
Whether the lead reclamation of two years was unreasonable or not was a decision in 2019 by this board, which could have been 01:06:22
appealed very recently. The Indiana Court of Appeals in a case known as Chapo versus Jefferson County Planning Commission, 224 NE 01:06:28
3rd 971. 01:06:34
They said at page 978 that the opportunity to appeal comes immediately on the heels of the decision and if you don't appeal it, 01:06:40
you've way direct to challenge that. So if the condition of two years of reclamation was unreasonable, it should have been 01:06:47
addressed in 2019, not now in 2024. I understand the evidence we've heard tonight is attempt to say that there's experts that 01:06:54
think that's unreasonable. That time was in 2019, not tonight. 01:07:01
There's no doubt that they have failed to reclaim the lead. 01:07:08
Time period set by this board. They've also failed to take the number of tests in the manner they said they would do and it was 01:07:12
approved by this board. In addition, we have included in our materials the affidavit of Mr. Riley. Now Mr. Riley is here and could 01:07:18
testify to all of these things, but I know that we want to keep matters moving and so we submit his affidavit, which is made under 01:07:24
the penalties of perjury as if he were sworn in oath before. 01:07:31
The court and what that affidavit establishes is a number of violations. 01:07:37
Number one condition #5 requires that your hours of operations for this event include no operations on Monday. 01:07:43
Mr. Riley has witnessed operations at this place on a Monday and I would submit for the board a text message that he had with Mr. 01:07:51
Bobby Brooks on February 21st, 2022 at 12:01 PM, Mr. Riley said. Bobby, I thought your your sporting clay range was supposed to be 01:07:58
closed on Mondays, Mr. Brooks said. It's just me giving a kid a lesson. We're going to be closing the rest of the week with the 01:08:04
weather, so I'm trying to get a couple lessons in today. 01:08:11
Set that for the record. 01:08:18
Not only is Mr. Riley's affidavit show that this text message shows they've operated outside of the hours of operations set by 01:08:24
this board and amended previously by applications, but we can't let them violate and then come back and amend. 01:08:30
Additionally, there's a 300 yard buffer zone that is between Mr. Rileys property line and the closest area shooting. Mr. Riley who 01:08:37
submitted an affidavit as well as Mr. Jordan Kaylin who also submitted an affidavit that are in the materials I've provided. And 01:08:44
just for the record, Mr. Rileys affidavit is that Tab D and Mr. Kaylens is at Tab E. 01:08:51
Both have indicated they've watched them shoot in the buffer zone. Mr. Riley witnessed it himself. Mr. Kalyn witnessed it himself. 01:09:00
Mr. Kalyn also indicates that they would watch at the at the club for Mr. Riley to leave and then would go about shooting. They 01:09:07
shot birds in that area, but your rules clearly say no shooting in that buff Rio. 01:09:14
Next, we've heard a lot already about the failure to reclaim lead. That's condition #12 again, if that condition unreasonable, the 01:09:21
time to appeal that has passed and now we just have to say, did you do it? The evidence is clear they did not they violated your 01:09:27
condition alcohol sales and use. Mr. Kalyn or Mr. Riley's affidavit indicates that in fact there has been alcoholic beverages out 01:09:33
there when they're not adored events. That would be another violation. I mean your your rule. This is condition 14 says only at a 01:09:39
catered. 01:09:45
You can't just bring your own alcohol. You can't supply alcohol in the fridge. They have to have a catered event. I noticed that 01:09:51
when Mr. Kraft talked about alcohol sales, he said that will be subject to the rules and regulations. But again, that's the 01:09:57
problem. You set rules and regulations and they didn't follow them. 01:10:02
And they have no one to blame for that but themselves. Next is excessive decibel levels attached to Mr. Rileys affidavit. And it's 01:10:09
a tab D and then there's a tab one behind that. On May 10th of this year, Mr. Riley took a number of readings and he brought 01:10:15
within his decibel reader. He he, he purchased a decibel reader that's certified for one year. This was the first time he used it. 01:10:21
And when he used that. 01:10:27
He included how much the mile, how much the wind was gusting, which direction it was going. 01:10:34
And the conditions that were out there, and you will see there that the condition says on condition 12, maximum decimal reading of 01:10:39
75 decibel levels at a property line. And you will see all the times he captured that 75 or higher. And there's a number of 01:10:45
violations. So they're not doing what they can to limit the sound coming to Mr. Riley's property. That's a violation of your 01:10:50
conditions. 01:10:56
Next, we have lead shot in the waterways. I'm going to defer to Mr. Janaki to talk a little bit more about the impact that has on 01:11:02
Edwardsville water and the potential water supply. But Mr. Riley and Mr. Kalyn both indicate that they use lead shooting in water 01:11:09
areas. The shot fall area, for example, is an area that floods and that water moves into the other basins and out. There's the 01:11:15
duck hole shooting, which is behind Exhibit K. There's a video there of them shooting into the duck hole, which is a water. 01:11:22
And again, the idea here was to not use lead so. 01:11:29
To your zoning ordinance, we've got to revoke this permit and that's what we're asking you to do. If you don't do that and you 01:11:33
choose to proceed just to look at the exceptions or the expansions that they've asked for, we would ask that you deny those as 01:11:39
well. We've been through the rules under the statute, what those rules are, and you've seen staff support. We agree with staff 01:11:45
support for the most part. I would just note that I do not agree that it is a condition peculiar to the property, for example, to 01:11:51
allow motocross out there. 01:11:56
To allow camping out there, either we need it for gun range or we need it for other uses. There's no reason why we need motocross. 01:12:02
There's no reason why we need additional alcohol sales. There's no reason why we need gun sales. That's not peculiar to the 01:12:08
property. That's peculiar to the business. The Indiana law has been clear that you have to separate the business from the 01:12:14
property. Under Indiana law, something is peculiar to the property if it's the physical characteristics of the property. 01:12:20
We also don't believe that the shooting of of the clay shooting itself would be permitted under that. But we're bound by the same 01:12:27
rules. We should have appealed that decision in 2019. So I'm not saying we're not appealing the shooting anymore. We're asking you 01:12:33
to revoke that on number one. But if this were to come back, we would say there's no reason that shooting needs to happen here 01:12:40
either. But again, we're not attacking that tonight because that was approved in 2019. 01:12:46
I just want to make a point just for the for the rest of the board and those in the audience. 01:12:53
You mentioned a couple of times that your request would be that we revoke the prior approval and we understand that, but for 01:12:59
purposes of tonight's meeting, we're here to consider only the request. What you're asking with regard to revoking would be 01:13:05
something that would be addressed in in a in, in in a subsequent process to tonight. So just want to make sure we're clear. Thank 01:13:11
you, Mr. White. I appreciate that. And I would just note for the record that as I read your zoning ordinance, it says if there is 01:13:17
a notice of violation. 01:13:22
Which they received. 01:13:29
And there's an opportunity to be heard and there is, and that's such hearing evidence is presented, then that's the Board's duty. 01:13:30
And so that's why I'm requesting the Board do that. I understand if the board chooses not to follow us, but all of that also 01:13:35
amounts to the biggest reason why you should not grant any additional expansion, and that is because they haven't followed your 01:13:40
conditions. 01:13:44
You put conditions on it and they have not been good neighbors. 01:13:50
They have not been responsible and they have not been respectful of the rules that were set to. 01:13:53
Technical folks that are up here. 01:13:59
And so the last thing I want to say, this is all in the materials. We agree with staff support, this should be denied. If you move 01:14:02
to that phase, again, we'd ask for revocation, but I understand that's up to the board's discretion and we don't believe it is to 01:14:07
the board's discretion. We think the rule says you have to do it, but I understand what the board is saying. But I would just ask 01:14:12
for those that are here tonight that are standing in opposition of this petition, would you please stand? 01:14:17
Like the record reflect that roughly half of the room is standing in opposition. And I'll defer now to Mr. Janak to discuss 01:14:28
Edwards Hills Waters concerns. 01:14:31
Thank you. Thank you. 01:14:35
Please state your name and address for the record. Sure. 01:14:44
My name is Chris Janak. 01:14:50
I'm with the law firm those McKinney and Evans in Indianapolis, same place as John is. 01:14:52
I've represented Edwardsville Water for about 25 years. 01:14:59
And during that time, Edwardsville has gone from. 01:15:03
Few 1000 customers to up to 5000. 01:15:07
They serve a population of 10,000. 01:15:10
Individuals. 01:15:15
They also provide wholesale water service to. 01:15:17
Several utilities around the area, so they are a not only serving on a retail basis, but they're providing potable water to other 01:15:21
utilities. So they're regional provider in your area. 01:15:26
Now the. 01:15:34
Here's the issue guys. I'm coming straight. The issue here is. 01:15:37
Water supply contamination, and that's what we're worried about. 01:15:41
We were worried about it 19. 01:15:46
We're still, we're even more worried about it today after what's happened over the last five years. And I think you were worried 01:15:50
about it in 19. You put these conditions on there that were clearly designed to protect the water supply and they haven't been 01:15:54
followed. 01:15:59
They just have not been fathered. 01:16:04
Now I understand. I think John covered pretty close pretty well. 01:16:06
Your ordinance says you should revoke it. 01:16:11
Now whether you want to do that today or not, that's up to you. But I think at a minimum if there's grounds for revocation. 01:16:14
In no way should be granted expanded use. We just. We just shouldn't. 01:16:20
Now let's talk about lead contamination for a second. 01:16:26
Over the last five to 10 years, this is a hot button issue. I think you were right to do it. 19. You know, we were coming not too 01:16:31
far off the Flint, MI lead contamination issue and it is widespread that lead contamination is a bad thing. 01:16:37
And we certainly. 01:16:43
Do not want to be Flint. Have a Flint, MI situation here in southern Indiana. 01:16:45
Lead makes people sick. 01:16:51
If it gets in the water, for some reason it's hard to get out. 01:16:53
And you have thousands of people who are relying upon the water. 01:16:57
And if for some reason it gets in the water, it could jeopardize Edwards and those ability to provide service. 01:17:01
What do we do that that that's major harm? 01:17:09
If we want to fix it, let's say we want to fix it. It's very expensive. 01:17:13
To fix it to get it back out. 01:17:18
I will tell you, most likely it's more than what Edwardsville has. 01:17:20
If Edwardsville doesn't have that kind of money to fix it, it's going to come to the county, it's going to come to the state. If 01:17:25
they can't, if you guys don't have the money to fix it or the state doesn't have the money to fix it. 01:17:29
The ratepayers gonna have to cover it. 01:17:35
So the rates. 01:17:37
They're nonprofit rates are going to have to go up. 01:17:38
Now the. 01:17:43
There were few things said factually that I want to cover. 01:17:48
I've given you a map. 01:17:53
There's there's a map in front of you. 01:17:55
It shows if you can, literally Everettsville has wells that are a few 1000 feet away and it has new wells that are hundreds of 01:17:57
feet away. In fact, you can stand on the location of the new well property and see the gun club. It is very close and that is your 01:18:04
future water supply in this area of the county. 01:18:10
The shot area is in a floodplain, there's no doubt about that. It floods. You guys all know the shoe note and it's better than me. 01:18:17
You're down here all the time. It floods. 01:18:20
There was some. 01:18:26
Indication from. 01:18:29
The NRA board member today that somehow. 01:18:31
The NRA and. 01:18:34
Was supportive of. 01:18:37
You know, different time periods for lead reclamation. 01:18:40
And that somehow the EPA's guidelines, the NRA's guidelines, support that. 01:18:44
We've given you a copy of the EPA guidelines, the Best Management practices. 01:18:50
And in Chapter 3 pages, Roman numeral #3-16, it says this. And this is the EPA's best management practices. It says the NRA 01:18:55
recommends a frequency of one to five years for lead cleanup, even on ranges with minimal use. 01:19:03
That's the NRA, and that's the EPA incorporating what they say. And yet the NRA is here telling you something different today. 01:19:11
There were some indication maybe that shotguns that's different and you know that's for we should have a different standard two 01:19:18
paragraphs above. 01:19:22
Where I just quoted in this document says for shotgun, it's referring to shotgun ranges. So within two paragraphs, within a few 01:19:27
sentences, they're saying lead reclamation every once every five years. 01:19:33
Now where that leaves us is. 01:19:40
You've set forth rules. 01:19:42
They aren't being followed and Adam, I think you should revoke it until such time as they can come up with new plans. 01:19:44
A site specific plan, maybe zoning for this area that at a minimum please do not expand this, that that's inappropriate under the 01:19:54
circumstances. And quite frankly, the direction of law across the country is to get rid of potential lead contamination. Let's not 01:19:59
have a Flint, MI. 01:20:05
And yet here we are, allowing a gun range flaunting the rules. 01:20:11
To risk lead contamination that's it's inconsistent with the direction of law across the country and in Indiana. 01:20:17
And for that reason, we'd ask that you deny the request. 01:20:24
Thank you. 01:20:27
Just don't go away, can I ask? 01:20:29
I contacted, I think her name was Miss Young with Curry and associates. 01:20:35
She was not aware of any. 01:20:40
Actual testing you all have done. 01:20:43
Of those wells to know if there's lead there now or was there LED there five years ago. Is that true or do you all take do you all 01:20:45
periodically do lead testing? We do do periodic lead testing and there has been some lead in the wells. I don't know what the 01:20:51
status of whether that your what I don't want to do is tell you exactly what they told you which we did all these pH tests. I 01:20:57
don't know whether. 01:21:03
What the lead shows right now, I do not know that it's very, it's, it's periodic. You have to do it as part of your testing that 01:21:09
you submit to the state. I was just trying to see if there was a baseline that had been established. 01:21:14
About your water company or what it might if it hasn't changed, yeah. 01:21:20
So I just know that when I get my water from Floyd Knobs Water Company. 01:21:26
And pure they, they come to me once a year and asked me to take a sample and I get results of those and lead is one of the things 01:21:31
that they read. So I would assume that you all have some that the company have some lead reading somewhere. 01:21:37
But I was just curious if you knew, had it increased, decreased, had anything changed? 01:21:44
OK, I can't definitively tell you one. 01:21:50
Any other questions? When was the the Future Well site? When was that identified and selected? 01:21:54
We started doing the and it's in the report. We started doing the well testing in 18. 01:22:00
And frankly, we. 01:22:07
We talked about coming here and eight and when this was going through in 19 and 20 and then we. 01:22:10
We found out the rules that you were implementing and thought that would. 01:22:16
Protect the water company quite that's you were doing what we you did what we would have asked you to do anyway. 01:22:20
So we had started before they did this. 01:22:28
We're in the process when we use these wells. It depends. It could be. 01:22:31
Ten years, it could be eight years, it could be 20 years, but we started in 18. We were comfortable with the restrictions you put 01:22:37
on in 19, eight. We thought that protected us. 01:22:42
But we just don't have any confidence right now and now that the expansion and it's. 01:22:48
We, we just. 01:22:55
We do not want this expansion to occur in light of everything that's gone on over the last five years. 01:22:56
Any other questions, Mr. Janott? 01:23:04
The operators here could, is there a possibility he could ask him to come forward and answer the leg question? Is that possible? 01:23:06
When you say the operator, what do you mean? I think the utility operators here if I'm not mistaken. So is there a chance that you 01:23:12
could comment to that and state your name and address? Do you mind him coming up and speaking? OK, thank you. 01:23:19
My name is Christopher Beck. My address is 13110 Sunnybrook Dr. Memphis, IN. 01:23:28
We do lead testing once every three years. Like every water company in the state of Indiana, it's not every year, it's once every 01:23:36
three years. 01:23:39
And we do all around our system. It's not just in our wells. So, so we know what what it is. 01:23:43
Right now. 01:23:51
There's no light in there, but. 01:23:52
That doesn't mean there's not going to be in there in 10 years. 01:23:54
Curious whether you had? We tested like we test pH every day too so we know what the groundwater is too. 01:23:58
And the pH is around 7.4. 01:24:06
Thank you. That's helpful. Thank you, Mr. Bear. 01:24:10
OK. Does the board have any other comments about? 01:24:14
Anything from the opposition? 01:24:17
OK. Seeing none, we're going to close that section of the meeting and we are going to go into the rebuttal phase, which time we're 01:24:20
going to allow the applicant of their representative to speak for 10 minutes instead of five. And I do want to again remind you we 01:24:27
are substantially over time and we still have two other agenda items to get through tonight. So we are going to stick to the 10 01:24:33
minute limit. 01:24:39
And for those folks that are behind us, I apologize, but I think it's important to look at some of the information provided to you 01:24:46
in affidavits because ultimately when we deal with affidavits under the penalties of perjury and we're looking at a standard that 01:24:54
is used by the courts, it's based upon personal knowledge. I think it's interesting that if you look at both the affidavit of Mr. 01:25:01
Riley and likewise the affidavit of Mr. Kalen in, in several instances they indicated as my underst. 01:25:08
Not that they have personal knowledge, but it is my understanding. So ultimately, I think you have to take those matters for what 01:25:17
they're worth, specifically on the alcohol, Mr. Riley said. Is my understanding they have served alcohol within 200 yards of the 01:25:24
range. So again, it's not based upon personal knowledge. He's not seeing that. Likewise, same thing would hold true with regards 01:25:32
to other portions of his affidavit that specifically addressed the fact. It is my understanding same thing would hold true with. 01:25:39
Kailyn Mr. Kalin specifically addresses that he was former employee and ultimately he indicates during that time I became 01:25:46
personally aware of several issues that give me concern for the operation of the sporting club at the farm. 01:25:54
That's the end of the sentence. But then he just merely indicates that he has concerns as to lead shot in the water. And likewise 01:26:02
with regards to two million shots without reclamation, again saying I was told by managers that there were over 2,000,000 rounds 01:26:12
fired. Mr. John specifically addressed the fact of the best practices. I think you have to read that full area in context. 01:26:22
With regards to that page and that page could be found in. 01:26:32
In the best practices with regards to for shotgun ranges and likewise with regards to the amount of shot that would be used. If 01:26:36
you look at 2 lbs per square foot. I think in that instance, if my calculations are correct and I will tell you I'm not a 01:26:42
mathematician, but that would that would require 41 million rounds in order for that to occur. And I think it's important that 01:26:49
that you that you look specifically at that. 01:26:55
As indicated, my clients are desirous of. 01:27:02
Extending this specifically addressing the fact and you just heard the representative from Redwoodsville Water, I'm a customer of 01:27:08
Edwardsville Water, so I'm not going to jeopardize my own health. 01:27:13
But you heard him indicate that there is no lead, and likewise, you heard the representatives from NRA, Mr. Altoona, specifically 01:27:20
addressing the fact of how it's done, as well as how how much into the soil that it goes and what ultimately needs to be done. 01:27:29
I'm going to let at this point, let at this point, Mr. Cray speak to the remaining issues and then I'll close. 01:27:40
Sure. Just to continue on that, those wells we're looking at are a mile away from our our closest station, not even to the 01:27:50
shopfall area and the lead mobility is estimated at two to three inches. So very low risk for that. 01:27:57
We appreciate, we appreciate you all. We appreciate the, the community. We don't want to make this an adversarial type thing. We 01:28:07
want to work together with our neighbors. We've reached out to our neighbors, We've sat and talked with them. We've, we've offered 01:28:14
to have them come out and speak. We, we want to avoid any misinformation or perceived at will or anything like that. 01:28:21
My for me, my my heart is in having as a place for the community. 01:28:30
Right. It's not a big moneymaker, you know, it's, it's for the, it's for the employees and it's for the kids team and it's for the 01:28:36
people that just enjoy doing it. So having a place where people can spend time outdoors. I personally live in a cul-de-sac. I, I 01:28:43
grew up in, in the knobs. And when I moved home, my wife and I, the, the meeting in the middle was halfway between her parents and 01:28:50
my parents. So this area is, is home for me. So taking care of it. 01:28:57
Making sure that we're doing Best Buy it and in treating with respect and having places like this available. 01:29:05
For for into perpetuity is is something that's really. 01:29:12
So in doing so. 01:29:18
Adding some of these items that we're requesting to help make sure that we're continuing business and we're able to, you know, 01:29:20
keep the lights on, profitable where we can and be able to bring in new practices and new. 01:29:27
New new activities for folks in the area is something that we think is is best for all of them. 01:29:36
As indicated, this is again a request for modifications to the original approval. We're here this evening asking that we be 01:29:45
granted those, and specifically if you address those, keeping in mind the numbers that are given as to each item. 01:29:53
And specifically, each particular request, if you would get proper consideration to each of those separately as you go through 01:30:03
your findings, it would be appreciated, especially in light of the staff report on the positives that come out of that. And then 01:30:09
likewise, from the evidence and information you've been provided this evening by Mr. Likens, by Mr. Altoona, by Mr. Craig, we 01:30:15
would ask that you approve the request. Thank you. 01:30:22
Thank you, Mr. Craft. Any questions for them? 01:30:29
OK, I've got 2 real quick please. 01:30:32
Back to the soil testing, how many treatments have you actually done to the area? 01:30:37
So our last treatment was Q3 of last year. We'll have another one in September of this year. 01:30:42
Prior to that. 01:30:48
Yeah. So that was just when we did the as part of our ESP as far as prepping the land. So it was one of the first steps. So we had 01:30:51
a line application at that point monitor and then application was necessary last year and then we'll do 7 feet per hundred, 7 lbs 01:30:58
per 100 feet in September with a premier act. So very consultations with them. So we're working with that. All right. And then the 01:31:05
final question is? 01:31:12
The largest event that you've held this thus far, attendance wise. 01:31:19
Right. So I think weddings which are up to 404 fifty in our event barn is probably the largest events that we've had. 01:31:26
And parking was on site. Yes, Yes, Sir. 01:31:35
OK. 01:31:37
Thank you. 01:31:38
OK. 01:31:40
Thank you folks, and thank you in the audience for your patience this evening. 01:31:42
So we've heard from the applicant, we've heard from those four, those opposed and we've heard the rebuttal. 01:31:47
Any further questions or comments from the board? 01:31:53
Seeing none, do we have a ballot? 01:31:58
Yes, Sir. 01:32:00
Docket FC 04/24/16. 01:32:03
After careful review, the board finds that. 01:32:06
The special exception will be interest to the public health, safety, morals and general welfare of the community because the site 01:32:09
specific considerations such as the presence of wetlands saw acidity, the proximity to the Edwardsville water wells justify 01:32:15
extreme cautions and the consideration of lead and other contaminants to the environment. 01:32:22
The Environmental Stewardship plan provided at the initial approval proposed a number of best management practices to follow, 01:32:29
including regular lead reclamation, regular pH testing and treatment as needed. 01:32:35
Site interventions to prevent lead and water bodies, thus mitigating the risk to the environment. 01:32:43
The conditional approval for the use as a shooting club required following the EPA's best management practices and the ESP 01:32:49
Currently, the applicant is not compliant with these conditions, therefore extending the lead reclamation interval at this time, 01:32:55
proposing threat to the environment and public health. 01:33:01
Further expansion of use that supports further shooting activities while the site is non compliant with the conditions would pose 01:33:07
a greater environmental risk and a potential hazard to Floyd County residents. 01:33:13
Any reduction in the interval of lead reclamation should be based on site specific data including number and weight of lead, 01:33:19
expended soil testing and groundwater testing. The storm water prevention plan and the approved ESP suggests the site would be a 01:33:26
moderate use site, which suggests lead reclamation at three to five year intervals. 01:33:33
The use and value of the area adjacent to the property is subject to special exception. Will be affected in substantial adverse 01:33:41
manner because the property is in non compliance with conditions placed on previous approvals of the use of. 01:33:48
To protect the safety use and values of adjacent property. Expansions of the uses while in non compliance may adversely affect 01:33:54
adjacent properties. Additionally, a modification of boundary and hours of operation will result in additional noise production 01:34:02
and intensity at neighboring residential properties and created greater safety risk for shot leaving the property #3 The need for 01:34:09
a special exception does arise from some conditions for cure to the property. 01:34:17
Because the property has been approved for a special exception for the current. Use the process for amending the and approval. 01:34:25
Special exception. 01:34:33
This through a separate special exception application. 01:34:35
The property is larger than 100 acres with a significant portion and a floodplain and a significant portion of steep slope and 01:34:38
Ridgeland. It also has several large lakes and a number of historic structures. These contribute to both a limitation of potential 01:34:45
uses of the property allowed in an AR zone, but also presents unique opportunities for outdoor recreational oriented activities. 01:34:53
#4 The strict application in terms of Floyd County zoning ordinance will not result in unnecessary hardship in the use of the 01:35:01
property because the property has been approved for the use as a shooting clays club and event host with reasonable conditions. 01:35:07
The applicant is not in compliance with those conditions. The applicant has not proved. 01:35:12
Provide a site specific evidence to justify modification of lead reclamation intervals #5 The approval of the special exception 01:35:19
will not contradict the goals and objectives of the Floyd County Comprehensive Plan. Because the sporting club at the farm 01:35:25
proposed uses or characteristic of supporting the outdoor recreation use of the property in a rural setting and therefore is 01:35:31
consistent with comprehensive plan Primary goal of preserving rural character of the community. Additionally, it will support the 01:35:37
growth of local business. 01:35:43
The Board of Zoning appear. 01:35:50
APPEALS HEREBY DENIES the petitioner SPECIAL EXCEPTION at the meeting held on the 12th of August, 2024. 01:35:52
Approved by the Board subject to completion of the following conditions. 01:35:59
Provide documentation. 01:36:03
Of an executor contract with a well qualified lead reclamation company to reclaim and recycle shock consistent with EPA guidelines 01:36:05
within 30 days. 01:36:10
Provide documentation from the contractor that lead has been reclaimed and removed from the site and properly disposed of within 01:36:15
90 days. 01:36:19
CPM BP 2 for further details to provide an updated ESP with documentation of progress on each of the best management practices 01:36:23
within 60 days. CP/M BP13 for further details #3. 01:36:31
Locate shooting station structures at each shooting location. Rules to be posted each location and orientated to shoot inward and 01:36:41
away from property boundaries. Relate Relocate shooting stations over wetland areas and do not shoot over wetland or any or 01:36:47
anybody of water. 01:36:53
Provide evidence that this has been completed within 30 days. 01:37:00
#4 per P MB P5 measure the soil pH on the. 01:37:05
Cumulative shot ball area. If necessary, take steps towards maintaining the soil pH between 6.5 and 8.5 per EPA for shooting 01:37:10
ranges per Appendix C. At each monitoring period, surf official soil pH measurements should be made at 20 or more locations within 01:37:18
the loop of shooting positions. Immediately take 20 measurements at locations described in Appendix C. 01:37:26
And every three months thereafter for one year, then returned the requirements of the PMVP. 01:37:34
Provide the test results from the testing firm to the building and development services as Saw pH is not within the rent 01:37:40
recommended range. 01:37:44
By EPA followed PMBP 5 to bring salt back into the recommended range. Provide proof that the minute soil meets the EPA range 01:37:49
within 90 days of the treatment. 01:37:54
#5 failure meet the competitions will initiate a $50 per day fine and didn't discontinuation of lead shot at the facility until 01:37:59
the conditions are met. That completes my ballot. 01:38:05
OK, we have a ballot. Do we have a second? 01:38:11
Please my only comment is you are denying so you wouldn't have conditions but you could direct Nick to send a violation in line 01:38:16
with the prior conditions and getting those into compliance. That's that. I want to second it but that is what I. 01:38:23
I feel like that they would, yeah, they would be conditions. They would just be you guys asking. You'd be doing the denial on the 01:38:31
ballot piece, but then asking Nick to follow up with written violation outlining those. Yeah. The only thing I wanted to say was I 01:38:38
wanted to just put a condition on her that that because some of those conditions may be. 01:38:44
Unattainable. OK and something in 30 days or whatever, but. 01:38:51
Up to agreeable by Nick is what I'm saying. In other words, you've wrote down 30 days in there and maybe they can't, they can't 01:38:55
get somebody in 30 days, so they can't accomplish it in 90 days. I don't want to put. 01:39:00
Comment. 01:39:07
I think that's certainly something that you could. 01:39:09
Request of me to yes from them to demonstrate compliance with the existing condition yes and then let Nick Nick has the authority 01:39:12
under the rules to to work with them on the time period and then come back to you I mean I think Larry did a good job but I think 01:39:17
we. 01:39:22
You know, it's putting times timelines that we don't know are realistic is what I'm saying. So I second it. 01:39:28
Second it without conditions, though as I took I struck out the conditions. 01:39:35
But what would I do with the? 01:39:40
The five other things, Do I leave them on here? 01:39:43
As far as what you're wanting them to do? 01:39:46
It's I think she's saying simpler just put in there that to let Nick you'd be denying the application and then directing Nick to 01:39:48
send out here about direct Nick to. 01:39:53
Follow up on the yeah. And I would do my kind of two separate things. You've got the the issue of the application itself denying 01:39:58
that is what your ballot is. And then secondly, asking the board to vote and make an emotion to allow Nick to move forward with 01:40:05
additional violation notices in line with your your parameters that you've set out and trying to accomplish those within the prior 01:40:11
conditions. So in lieu of those, I'm going to ask that we restate the the ballot on. 01:40:18
Well, the ballots just going to end with the Board of zoning here back denies the petitioners special exception held a meeting on 01:40:25
12th of August 2024. I dropped the five conditions at this time then we can we'll move forward with those five. 01:40:33
So we have a ballot, Yes. Now do we have to say? 01:40:42
You have a second yes. 01:40:46
Any other questions or? 01:40:48
Comments. 01:40:50
Seeing none, all those in favor signify by saying aye aye. Any opposed. 01:40:52
Motion passes OK, so I want to make a motion. 01:40:58
That my. 01:41:01
Previously read 5 Conditions are followed up on by Nick. 01:41:03
Based on the previous approvals. 01:41:09
And basically just for clarification, you're asking Nick to look into the additional violations and getting those into compliance 01:41:14
and and coming back before this board if they're not in compliance? Yes, ma'am. 01:41:18
Are you OK that Nick? 01:41:24
Sorry, Nick. 01:41:28
I didn't catch all the timeline and everything, all the details of that. 01:41:30
I did hear a $50 fine, which I don't believe that we will be able to. 01:41:35
If they are either. 01:41:42
Moving towards compliance or not? 01:41:45
If they are not, we can bring it back for a week. Let me let's drop the thing. It says $50 fine and I'll drop the part about lead 01:41:47
until we get a report back from Nick. 01:41:52
OK. 01:41:59
So read What are we voting on something? 01:42:01
I think Mr. People, Hustler is bringing a motion and I'll let him kind of reframe it if he would like to, but to have Nick send 01:42:04
out additional violation notice of all the items that are currently in violation and working with the property owner to get the 01:42:09
property into compliance. 01:42:15
That's what I would like to do. 01:42:22
OK. 01:42:25
Short bandwidth inquiry just and again, this goes to what Miss Fox indicating what was Unruh indicated as far as the timing and 01:42:26
the elements. Some of these items may be as far as six months out. And so I'm going to let I'm willing to let Nick negotiate with 01:42:32
your people some reasonable time frame and and I just want to make sure for that because you place those time limitations in there 01:42:39
that. 01:42:46
Yeah, he, yeah, I think he erased those. I'm willing to let them be negotiated. 01:42:52
And our rules allow for Mr. Creed, but. 01:43:00
I want something done in a reasonable amount of time. I just I don't want this going on for two more years. 01:43:04
Understand. 01:43:10
So you've got a motion. You'll have to vote on that. I'll second it. Any other questions or clarifications? 01:43:12
Seeing none all those in favor signify by saying aye. Any opposed like sign. 01:43:21
Thank you. That motion passes. Nick, would you let Mr. I Camper know he could return and. 01:43:27
We have, instead of moving directly to #2 we're going to pause for a minute or two while those of you that may have been here for 01:43:35
agenda item one have time to leave if you'd like, and then we'll address item number 2. 01:43:40
Yeah, I'm sorry. We would have went over that ahead of time. 01:43:48
Ahead of time. 01:43:54
It's fine. It's fine. Thank you. 01:44:20
It is always. 01:44:42
Well, I mean, I asked a question. It's only from the first Speaking of opposition, stand to say record and they come up. It's 01:44:47
generally they're not. 01:44:58
Going to be approved. 01:45:10
They said. 01:45:16
20 Five people were able to stand up, but some people. 01:45:20
Again, Mr. Johnny spoke and then everybody there was given another opportunity for emails in opposition to come up. 01:45:38
I'm not gonna argue with you. There's a process. There was an opportunity for anybody in opposition to stand up and speak, Sir. 01:45:45
There was an opportunity for the opposition speaker. 01:45:54
Welcome back. 01:47:00
Whoa. 01:47:11
Ah. 01:47:13
All right. Sorry about that. We had to go. 01:47:18
Ladies and gentlemen, I'd like to call us back to order. So if any of you would like to continue speaking at Asset, you kindly 01:47:33
step outside of the hallway. 01:47:37
We are way overtime and we're going to jump into item number two. So the next item on our agenda this evening is FC-06-24-29. It 01:47:41
is a special exception request and Nick is going to give a staff report. 01:47:49
And Mr. President, we do need to deal with the minutes at the end. I'll make a note that we go back to signature. 01:47:59
On those you approve them, but I need a signature. 01:48:03
Are they not here? 01:48:07
That should be. I'll go grab one. 01:48:09
All right, this is item FC 062429. The petitioner here is James Sprigler. The location is at 5159 Scottsville Rd. 01:48:15
The request is for a special exception with the use variance for a custom cabinetry business in a rural residential zone. The 01:48:25
applicant is requesting the special exception to operate the custom cabinetry business at the above reference property. The 01:48:32
property has been used for the business for 12 years without approval. A complaint form was received of business operation 01:48:40
operations at this property and then fumes. A notice of violation was sent to the property owner after. 01:48:47
Actually confirmed operation of a furniture of a furniture and related product manufacturing business. 01:48:55
Approval The owner was directed to submit an application for special exception in addition the to the cabinetry operation. The 01:49:02
property has a legal non conforming. Use as a concrete business A concrete business run by Bob Sprigler has operated there for 01:49:12
over 15 years and is a grandfather of use. The cabinetry business, however, operates out of an existing garage currently, but has. 01:49:22
Move to a new 50 by 80 foot detached garage pole barn to be located at the rear of the property. There is a porta potti on site 01:49:32
that is service biweekly. 01:49:38
Besides the owner, there is one other employee, the use of the custom cabinetry. The use of custom cabinetry manufacturer is not 01:49:45
described in the zoning ordinance specifically, but it's similar to a specialty trade workshop, which is a conditional use of that 01:49:52
in the zoning ordinance. And they're all residential zones, may also be categorized as a small scale wood product manufacturer, 01:49:59
which is conditional use in agricultural residential zones. 01:50:07
Adjacent Properties The property is encompassed to the north and West of the subdivision. Sprinkler Estates containing 8 adjoining 01:50:15
single family residents to the property. To the South is a large farm. To the east across the street on Scottsville Rd. is a 01:50:21
single family residence. 01:50:27
Zoning for the entire area is rural residential with a mix of small lots and larger farms more similar to agricultural residential 01:50:33
districts. 01:50:38
There was. 01:50:43
Inspections by item, both soil and air or solid waste and air. 01:50:46
Have received the results of the inspection. I'm going to provide you those now. 01:50:52
I'll give you a second to to look those over, but the the results of both the air and soil solid waste testing was no violations 01:51:21
observed. 01:51:26
Dear did not warrant additional item permit at this time. The inspector estimated that the highest potential emissions were below 01:51:33
the limits for which an air permit would be required. 01:51:40
And then for the solid waste, no violations were reported at the time. 01:51:49
The property is in compliance no person which states. 01:51:56
In compliance with 329 IAC 1042, which states no person shall cause or allow storage, contaminant, processing or disposal of a 01:52:01
solid waste in the manner which creates a threat to human health. 01:52:07
Or the environment which an environment, including the creating a fire hazard, vector attraction, air or water pollution, or other 01:52:13
contaminants. 01:52:18
Staff findings for this request are that the special exception will not be injured to the public health, safety, morals and 01:52:29
general welfare of the community. 01:52:34
The business does not generate excessive traffic and is not used as a retail establishment. The manufacturing of cabinets does not 01:52:39
create physical hazards that will leave the property. 01:52:44
Equipment will be used and restored indoors. Chemical used are to be water soluble and must comply with the identities. 01:52:50
The use and value of the area adjacent to the property, subject to the special exception, will not be affected in a substantially 01:53:00
adverse manner. A small concrete business is operated on the site for decades with no significant impact to neighboring 01:53:04
properties. 01:53:09
In this business is likewise operated for over a decade. 01:53:15
With no significant impacts to the use and value of the adjacent properties, the use does not generate unusual or excessive 01:53:18
traffic, moves or lights. The proposed structure is similar to other pole gardens in the area and the property will still have a 01:53:24
primary use as a residence. 01:53:29
The need for the special exception does arise from the some condition peculiar to the property involved. 01:53:35
The property is roughly 3 acre rural residential site with residents and a grandfather. Non conforming use as a concrete company 01:53:42
that has operated there for over 50 years. Property is not in the subdivision. Has direct access to a major collector classified 01:53:48
roadway. The uses. The use at this scale is similar to a specialty trade workshop which is an allowable conditional use for rural 01:53:54
residential properties. 01:54:00
The strict application of the terms of the Phoning Floyd County Zoning ordinance will result in unnecessary hardship and the use 01:54:08
of the property. The proposed use is relatively low impact. It is similar to allowed conditional uses in the district. The 01:54:14
property will remain primarily residential with a home on site. 01:54:20
The approval of this special exception will not contradict the goals and objectives of Employee County Comprehensive Plan. 01:54:26
The approval will support local business but will not significantly alter the role character of the area. 01:54:33
Staff recommendations would be. 01:54:40
Permanent bathroom facility required for employees to be approved by the health department. No outdoor porta pots. 01:54:43
Any store outside storage of materials must be fully screened by fence or wall. 01:54:52
Drive in Parking spaces must be paved. No signage is permitted. 01:54:58
Screen the workshop from adjoining residential properties following at minimal employee county zoning ordinance 5.09 buffer yard 01:55:04
standards 1. 01:55:09
Which is additional 5 feet of set back. 01:55:14
And one deciduous canopy tree every 15 feet or one Evergreen tree every 12 feet, a minimum of 6 feet in height at planting. I 01:55:19
would recommend the use of evergreens and hours of operations to be limited. Monday through Saturday, 8:00 AM to 8:00. 01:55:27
That's OK, Mr. Craving. Who asked for this inspection? Did our office ask for it or no? A neighbor filed a complaint. That's what 01:55:37
I was wondering. 01:55:44
Thank you very much. Any other questions I got one. 01:55:51
The when they did their inspection, you have any idea whether he was at the operation at that time was the cabinet shopping 01:55:55
operation? 01:55:59
The site has been in operation and was an operation. 01:56:06
I don't know if it was operating that day and I believe Mr. 01:56:09
The reports indicated that Mister Springer was there. 01:56:16
On site OK. 01:56:19
Show the inspectors around. OK. All right. Thank you. 01:56:22
Any other questions for Nick? 01:56:26
The the nick, the new garage that's being the building is being built, is that already? 01:56:29
Permitted The building has not been permitted by us. It has gotten site approval from the health department. 01:56:33
We we flagged it to hold the approval until this was. 01:56:41
Sorted out. 01:56:46
OK. Thank you. 01:56:48
Any other questions? 01:56:49
OK, thank you. Is the applicant here or the representative? 01:56:52
If so, please come forward and state your name and address for the record. 01:56:57
Hi, my name is James Sprigler, 5002 Lakeview Drive. 01:57:02
Mr. Tell us anything you think we need to know in support of this application. 01:57:09
No, I just. 01:57:16
You know, been there for so long, I grew up there as well. 01:57:17
And so, you know, I'm just trying to take after her father there and I started maybe my own little little business and. 01:57:22
Try to comply with everything that you know that I can or. 01:57:31
And that's about it. I'm just. 01:57:38
I'm just looking to try to proceed to make a living and. 01:57:41
Provide. 01:57:46
Anybody have any questions? Is this your primary business? I mean this is your only income? 01:57:48
OK. 01:57:56
Anybody else have any questions and how many employees do you have and do you in? 01:57:58
Tend to with a larger building doing more, increasing or getting more employees. I have one employee. I do have some. 01:58:03
Family that does help. 01:58:15
Occasionally and. 01:58:16
Whatnot, but no. I plan on staying small and. 01:58:18
I just need more space just as far as in. 01:58:22
Capacity, not capacity, but just the room for for operations. 01:58:27
I got another question. And then you do your own painting, is that correct? You'll do your own painting and you'll have some kind 01:58:32
of recovery system, exhaust system as far as? 01:58:37
Recovering or not letting that go out into the atmosphere? Yes, correct. And and you will have to do you have one now or you have 01:58:43
to buy one? 01:58:47
You have one now. OK. All right. Thank you. 01:58:52
Any other questions for Mr. Screwing? 01:58:56
OK. Thank you, Mr. Springer. We appreciate it. Thank you. 01:59:01
That's good. OK, We've heard from the applicant. We're going to close that section of the meeting. We went to those who might be 01:59:04
here this evening in favor of the request. Does anyone here that would like to speak in favor of this request, please come 01:59:09
forward, state your name and address for the record 30 seconds. 01:59:15
Yes, my name is Brenda Sprigler. I'm at 3835 Dogwood Rd. Lloyds Knobs I. 01:59:22
Own the adjacent farm. 01:59:29
To Mr. Sprinkler's property and for the records, we do not have a problem with it. 01:59:32
We also own 4 lots back in our subdivision, so we don't have a problem with it. 01:59:39
He does excellent work. Nobody's even known he was there before. 01:59:46
One of the neighbors complained. 01:59:51
That's it. Any questions for me? 01:59:53
Thank you. 01:59:56
OK, is there anyone else here this evening that would like to come forward and speak in favor of this request? 01:59:59
Please come forward, state your name and address for the records. 02:00:04
Hi, my name is Evan Marks. I live at 12002 Rustburg Court in Louisville, KY. 02:00:08
I had the pleasure of knowing James and Christine for four years now. I am actually a Carpenter by trade. I own other and 02:00:14
woodworking and I sometimes moonlight in the shop. I got tired of doing production work for a while and I met James on a job site 02:00:23
and he took me into teach me just cabinet building in general, general finishing just a better practice of doing what I do. 02:00:32
And in the time that I've been there, he's been nothing but an upstanding member of the community and an upstanding man to begin 02:00:41
with. Period. 02:00:45
He is a man that will do anything for anybody, no matter what you ask him, no matter what time, if he can provide it, he will do 02:00:50
it for you. He gives back to the community in any way that he possibly can. We just recently did some church benches for the local 02:00:58
church. They came out fantastic and those were a project that we actually fit in when we really did not have time. But he would 02:01:05
not say no because it was for the community. We've done a lot of different projects and different kitchens in the. 02:01:13
But in the 12 years that he's been there, you would have never even known he was there. He's a very quiet man and he doesn't 02:01:21
really put himself out in a position where he is seen by the public. But in total he is an absolutely fantastic person and I don't 02:01:28
feel that there's any reason that anybody should try to take his means of supporting his family and his life. 02:01:35
Thank you. Thank you, Sir. 02:01:44
Is there anyone else that would like to come forward and speak in favor of this request this evening? 02:01:47
Please state your name and address for the record. 02:01:59
Lee Peterson 4011 Kendall Court. 02:02:01
I've known James for. 02:02:06
Over 25 years. 02:02:08
I I took him in a long time ago. I caught him. He's doing now. 02:02:10
And now he in return. 02:02:15
Has hired me. 02:02:20
So I am I am his employee. 02:02:21
He's as honest as they come. 02:02:24
He doesn't lie. 02:02:27
He fights to keep his word. 02:02:30
There is not a nicer guy I know. 02:02:33
So I love him. 02:02:36
And I hope you all see that too. 02:02:38
Thank you. 02:02:42
Is there anyone else would like to come forward and speak? 02:02:45
Please state your name and address for the record. 02:02:50
Some of us know you already. 02:02:54
Dead. 02:02:57
I've been there for 59 years. I bought the property in 65. 02:02:58
It was in my grandma's property. 02:03:03
I got 3.17 acres. 02:03:06
James got my garage, he gets his drop building, I get my garage back. 02:03:09
And I have a place to put my car in the garage. 02:03:16
That's all I got to say, and I love you to death. 02:03:19
Thank you, Sir. Is there anyone else Please come forward and state your name and address for the record. 02:03:25
My name is Don Daley, 4122 Andrew Dr. Floyd Snobs. 02:03:34
And support the. 02:03:39
Comments been been hearing it's that James is probably the nicest person I've ever met. He did some custom work for me which was 02:03:41
perfect. 02:03:45
But besides that, he is a value to the community in the way that he supports. 02:03:50
Will help anybody. 02:03:56
He's helped me on various patients without asking. He's always there, he's always kind. 02:03:58
He follows through on what he says and I think that's the biggest thing he follows through. 02:04:05
So thank you very much. Thank you, Sir. 02:04:10
Is there anyone else that would like to come forward and speak in favor of this? 02:04:15
Applicant this evening. 02:04:18
Seeing none, we will close that section and we'll move to those who may be in opposition. 02:04:24
Yeah, it's got a ladder. 02:04:30
I added a letter to you All's packets submitted by Jason Hollis Sprigler. 02:04:34
On Wednesday, August 7th. 02:04:41
In opposition to this request. 02:04:44
I will not go through the entire letter for other people's sake of time, but I will notice a couple of the items, he noted. 02:04:48
He was concerned about the business using chemical sprayed Underwood with the exhaust fan pointed towards his property. 02:04:57
And said that his fiance and youngest son had suffered from unexplained nosebleeds for the last eight years, which he believes are 02:05:07
a result of those toxic fumes. 02:05:11
The business also has an exterior portable toilet facility from A1 Port, a potty in a commercial dumpster from Remke. They say 02:05:17
that he says that this creates a lot of undue noise as well as foul smells that are present when the portable toilet is being 02:05:25
serviced on a weekly basis, and he knows that he believes there is two to three employees. 02:05:33
And that the. 02:05:42
Business should be located in an area zoned industrial or manufacturing. 02:05:44
The rest of that was in your document, so I won't go through all the rest of the. 02:05:50
Right, those items from where? 02:05:54
Thank you, Nick. 02:05:57
Anyone else here this evening that would like to speak in opposition? 02:05:59
Of this request, please come forward, state your name and address for the record. 02:06:03
My name is Kirk Schaefer, I live at 3817 Dogwood Rd. 02:06:09
And I'm here to oppose the building and. 02:06:14
Cabinetry he's wanting to put in. 02:06:18
James, I don't know him, never met him until we had the meeting tabled last time. 02:06:21
You just heard from four people. They got up here and spoke highly of him, which he may be the greatest thing since sliced bread, 02:06:27
but that's not why we're here. We're here to we for the variance. 02:06:34
This is a residential neighborhood. 02:06:42
I know the building is proposing. 02:06:45
Is again back up against three or four neighbors houses. I just want to explain it. 02:06:47
Residential neighborhood. 02:06:53
James doesn't reside at that location. He told you where he lived. Things that nature, we understand a person trying to better 02:06:56
themselves, to grow a business, but this is what industrial parks are for. 02:07:02
They have the facilities in place. 02:07:11
To support commercial business. 02:07:13
Isolates them from residential neighborhoods. 02:07:15
As you can see from the crowd, we've got quite a few people, some for it, quite a few people against it. 02:07:19
Many of the residents of Dogwood have came to voice their objection to the structure and operate the cabinet business on 02:07:25
residential property. 02:07:29
I have a petition here. 02:07:34
At signed affidavit. 02:07:35
With 41 signature signatures on it from 27 households. 02:07:38
I have two more households who oppose it. 02:07:43
But they didn't sign the affidavit, so I'd like to hand this to you. Sure. 02:07:46
OK. Thank you, Sir. 02:07:52
Nick brought up some of the things that I've kind of, you know, want to talk about wood varnishes stored on the property. 02:08:01
Including stains and varnishes is our understanding at this time. These finishes our water based and non-toxic toxic. 02:08:10
Since to our knowledge there's no running water to the existing or proposed building, how our cleanup is gonna be performed? What 02:08:18
happens to the polluted water after cleanup? Is there any effect on the groundwater in the area? This land slopes down The ponds 02:08:27
in the area. Does at this time indicate there were or later might be toxic chemicals in use? 02:08:36
Since this is a cabinet business, there's wood and wood products stored on the location. 02:08:46
Wood is flammable. 02:08:51
What type of fire suppression system is required when storing this type of flammable material? 02:08:53
Is fire suppression systems required for a building of the size 4000 square feet? 02:09:00
In the state of Indiana, I never really could find an answer on that. So somebody can. It's 12,000 square feet, 12,000 square 02:09:06
feet. Alright, thank you. 02:09:11
The noise level. 02:09:18
Of a typical table saw is around 100 decibels. 02:09:20
Some neighbors that live close in here. 02:09:25
The salts. 02:09:29
Now that's in a concrete building, which is a fairly good noise insulator. 02:09:30
We are concerned that the noise level could be unbearable in backyards when the company moves into the new steel building. Steel 02:09:36
does not absorb sound but will re vibrate it. 02:09:42
The tenant location of the building is 15 to 30 feet from the property of three to four houses. So when you lookout your kitchen 02:09:48
window. 02:09:52
There's a big 50 by 80 building staring in your face. 02:09:57
While the porta potty. 02:10:04
You know, he talked, Nick talked about a little bit. 02:10:05
In the initial design of the building, there was number restrooms. 02:10:09
In the building. 02:10:13
An initial cost. 02:10:14
At all so with a building. 02:10:16
Have to have a sewer system. 02:10:19
Run Waterlack down to it because I know he can't run. There's a building that says you just can't run it into the septic tank that 02:10:22
Bob has which. 02:10:26
Assuming. 02:10:31
That's what he's doing now. I can't, don't. No effort. Sure, but how else is he getting rid of all the chemicals, things of that 02:10:33
nature? 02:10:36
Mr. Springer states that all function of the business are contained within existing structure which. 02:10:45
Verified there are several trucks and trailers located on the property and there's no way to determine which are owned slash used 02:10:50
by the concrete business as opposed to the cabinet business. 02:10:56
Well, the business has been operating for 12 years. 02:11:02
We were not aware the business was not in compliance with the zoning requirements. 02:11:05
Being in violation of the zoning standards should not factor into. 02:11:11
Granting this variance. 02:11:15
With the proposed expansion of the business, 58. 02:11:18
50 by 80 steel building. We're concerned there will be additional foot traffic directly behind residential property. 02:11:22
What guarantees can we made that that will not be? 02:11:30
There's no indication of the hours. 02:11:36
Operation, you know, Nix it 8:00 to 8:00. 02:11:38
But he hadn't said for sure. 02:11:41
We also believe the construction of a commercially operated facility directly behind residential property will have detrimental 02:11:44
effect on property values and quality of life. 02:11:49
And since then, he's answered. 02:11:57
There was number original on the quotes about barriers, trees or anything. Since then that has been answered. 02:11:59
But we're also wondering. 02:12:07
How many Converse commercial variances have been granted in the Floyd Knobs area? 02:12:09
This is not a common practice. 02:12:17
Last start now. 02:12:20
And my last question. 02:12:23
As board members. 02:12:26
If this building backed up to your property. 02:12:28
Would you want to have it right behind your house? 02:12:32
It's a lie. Thank you. Thank you, Mr. Schaefer. 02:12:38
Is there anyone else would like to come forward? 02:12:42
Please state your name and address. For the record, Sir, I'm Mark Greenwood. I live at 3803 Dogwood Rd. in Floyd's Knobs, Indiana. 02:12:44
Well, there's not been formal complaints issued about the business. We have had concerns for years, but we've been trying to be 02:12:54
good neighbors and not complain about some of those issues. 02:13:01
The main thing that's bothered us is the porta potties been visible to our backyard for the past 10 years, so we've put up with 02:13:09
that. Next to the porta potty is some old steel drums. 02:13:16
And one of the labels on there says it's clean strip Ultra J3. 02:13:24
Apparently this is something used for the concrete business. 02:13:29
But it says that it requires a solvent degreaser to clean up. So we're concerned that there are chemicals stored there, even if 02:13:33
it's not for the. 02:13:38
Cabinet Business. 02:13:45
The other thing is James does not live in that subdivision or in that area. He lives on his drive so he can come to work and work 02:13:47
all day and go home to his quiet subdivision on Lakeview. And when we go out on our decks and build this building, we'll have a 02:13:55
view of 4000 square foot manufacturing facility 15 feet beyond our property. 02:14:03
So that's our concern. 02:14:12
Thank you. 02:14:16
Is there anyone else here that would like to come forward and speak in opposition this evening? 02:14:17
I'm sorry to see you, ma'am. State your name and address for the right place. 02:14:22
And we live directly behind, adjacent to the facility. 02:14:33
And I am really sorry this had to happen between us as neighbors. 02:14:38
I really need that. You don't know how much this is bothering me. 02:14:42
But it has this cream. We gotta look at us. Oh, come on. I'm gonna talk to them. We understand. 02:14:46
I, Mark and I supported James. 02:14:55
He knows that. 02:14:59
Anybody that really knows this knows that. 02:15:01
But on the other hand, we have 8 grandchildren. 02:15:03
I take him outside in the backyard. 02:15:06
I'm concerned. 02:15:10
OK. I want it to be quiet, peaceful environment. I want it to be safe. 02:15:12
I want to be the community that I we bought our house in. I can't look back. 02:15:19
38 years ago. 02:15:25
And yes. 02:15:27
We will still support James as it goes through. I am very adamant against it in that 15 feet from a really serious. 02:15:29
15 feet from the corner of my backyard is going to be a 4000 square foot building. 02:15:39
How would you feel if your grandchildren were out there? 02:15:45
How would you feel if you saw these chemicals of porta potty? How would you feel if you never complained and really were trying to 02:15:49
just be a good neighbor? 02:15:52
And then it bites you. 02:15:57
How would you feel if that were your family? 02:16:00
They didn't even say we're going to move it on the other side of town. 02:16:04
No, we're going to leave it right here, 15 feet from you so you can see it. 02:16:07
So when you send on your deck or you go out on your pool or you take your grandkids out back, by the way, I like my grandkids 02:16:12
that. 02:16:15
It's going to be there and James can go home. 02:16:20
But I can't. 02:16:24
That is my home. 02:16:25
And when you look at that petition. 02:16:27
If you look at the number of petition snakes on that petition. 02:16:30
Seven out of the 8 adjacent homes that border that track. 02:16:35
Have signed the petition against this. 02:16:41
It's numbers, people. 02:16:44
Then you have 29 out of 38 homes on that road that have signed that petition. 02:16:46
Nobody wanted it to come to this. I didn't. 02:16:52
But facts are facts. 80% of the people are opposed. 02:16:56
Look at the numbers. 02:17:02
Thank you, Miss Greenwood. 02:17:04
Your time up. 02:17:08
OK, folks. 02:17:10
Again, I apologize for the length of this evening's meeting, but I do think the Board understands the position of those of you 02:17:11
that are in opposition. We are going to close that section of the meeting now and we are going to go now to chance for Mr. 02:17:17
Sprigler. If you'd like to come back up, you have up to 5 minutes to come and respond. And if not, we can move on. It's your 02:17:22
decision. 02:17:27
Can you put questions for you? We do have some questions for you, Mr. Springer, so please come forward. 02:17:35
I was just gonna have him say it on the record that he had nothing for. 02:17:40
Yes, Hey, I got a question for you. I. 02:17:45
Is there a possibility? 02:17:49
That you can put that building on the opposite property line. 02:17:52
Not directly behind the house, your mom and dad's house, but. 02:17:56
Adjacent to Brenda Sprinklers. 02:18:02
Put it on that side. It's kind of a quite a ravine, but there's no way you could. It's not it's not buildable. You'll think I 02:18:05
don't think so. OK, I would, I would like, I'd like for you to consider that, you know, just to get it away from that subdivision 02:18:10
if it's possible. 02:18:15
If it's not possible. 02:18:20
Then I know that. 02:18:22
Arborvitaes. 02:18:26
If you buy them big enough. 02:18:27
They will do a good job of screening. They'll grow together and and it's it's a hedge forever and you can't see through it. It 02:18:29
does block out noise and you can't walk through, that's for sure. 02:18:35
So I'd like for you to consider. 02:18:41
It's going to cost you a little bit of money because they're more expensive, but if you put a little bitty, you know, four or five 02:18:44
footer. 02:18:48
I'll be dead and gone by time it could. It completes what I want to accomplish. So you know, would you be willing to put something 02:18:52
like maybe an 8 or 10 foot tall arborvitaes to block any, any screening along those property lines? I think if you did that, I 02:18:58
would like for you to first look at if there's any possible way to put it on the other property line. I didn't, I got to apologize 02:19:05
to you when Larry and I went out there, we did not. 02:19:11
We didn't look at that from Build from Constructability, but. 02:19:17
You obviously you got enough. 02:19:22
Experience it in here someplace that can help you with that if it's feasible. So those are my just to, to request so and then I 02:19:24
think in the, in the EPA report it said that you do have a filter system that's proper and adequate, correct to to collect any 02:19:32
fumes that go outside, correct. Yes, I saw that and saw that EPA approved. So anybody's worrying about that. I think that pretty 02:19:39
well takes care of that. What do you do with leftover varnish paint and things of that nature? 02:19:47
How do you dispose? It's just waterborne, so it's non-toxic. OK, all right, so you don't use any any old base that type of stuff. 02:19:54
No, you answer that question. Okay, that's I'm done. Anybody else any other questions for Mr. Strigo? 02:20:01
Mr. Sprigler said you had nothing else to add. No thank you. 02:20:11
Thank you, Sir. We appreciate you. 02:20:15
OK, so. 02:20:18
We've heard from those in attendance this evening, from the applicant, those four, those against and Mr. Strigler had nothing else 02:20:20
to add and we have noted that on the record. 02:20:24
And he he answered Mr. under his questions. Is there any other questions or concerns from the board before we? 02:20:29
Do we have a ballot? 02:20:36
Docket FC06-24-29. After careful review, the Board finds that the special exception will not be interest to the public health, 02:20:38
safety, morals and general welfare of the community because the business does not generate excessive traffic and it's not used as 02:20:44
a retail establishment. 02:20:50
And manufacturing of cameras does not create physical hazard that will leave the property. Equipment will be used and stored 02:20:56
indoors. Chemicals used are to be water soluble and must comply with the IDEM standards #2. The use and the value of the area 02:21:02
adjacent to the proper property, subject to special exception will not be affected in substantial adverse manner. Because a small 02:21:08
concrete business has operated at the site for decades with no significant impact through neighboring properties in this business 02:21:14
has likewise. 02:21:20
Operate for over a decade with no significant impacts to the use or value of adjacent properties. 02:21:26
Use does not generate unusual and excessive traffic, noise or light. The proposed structure is similar to other pole barns in the 02:21:32
area. 02:21:35
The property will still have the primary use as a residence. 02:21:40
#3 The need for the physical exception does arise from some condition peculiar to the property involved because the property is a 02:21:44
roughly 3 acre rural residential site with a residence and a grandfather non conforming use as a concrete company that is operated 02:21:50
there for over 50 years. 02:21:56
Property is not in a subdivision and has a direct access to a major collector classified roadway. 02:22:02
The use is most similar to especially trade workshop, which is an allowable condition used for rural residential properties. 02:22:09
#4 the strict application the terms of Floyd County certain zoning ordinance will result in unnecessary hardships and use the 02:22:17
property because the proposed use is a relatively low impact and is similarly. 02:22:23
To allow conditional uses in the district. 02:22:30
#5 The approval. The special exception will not contradict the goals and objectives of the Floyd County Comprehensive Plan because 02:22:34
the approval will support local small businesses but not significantly alter the character of their area. The Board Zoning hereby 02:22:41
grants the petitioner Special Exception at the meeting on the 12th of August, 2024. 02:22:47
Approval by the Board subject to completion the following conditions. A permanent bathroom facility is required for employees and 02:22:55
requires health department approval. 02:22:58
#2 Any outside storage room materials must be fully screened by fence or wall #3 Driving parking spaces must be paved. 02:23:03
#4 No signage is permitted #5 Screen the workshop from adjoining residential properties filing FC 05.09. 02:23:11
Buffer yard one standard. 02:23:20
Number six hours of operation is limited to Monday through Friday from 8:00 to 6:00 PM. 02:23:23
#7 Serious consideration shall be given to moving the building to the southeast property line and behind the septic system that 02:23:29
completes my ballot. 02:23:33
OK, we have a ballot. Do we have a second? 02:23:38
I'll 2nd. 02:23:42
We have a ballot and a second. Any questions or comments from the board? Yes, I think this ought to be for the applicant only. 02:23:44
And you know no other I don't want to see. 02:23:51
Him selling his business or and? 02:23:55
I am concerned with that. 02:23:58
And I am concerned with how many employees, I mean, he's now got one and I'd hate for it to become a larger business, you know, 02:24:00
two or three employees I don't have a problem with. But if he's got a lot larger building coming in here. 02:24:08
And I don't want to see it having several employees there, more traffic and more going on. I'd like to see it limited, say, two to 02:24:17
three employees, including the applicant. 02:24:23
In addition. 02:24:30
He's got one now, so. 02:24:33
I have no problem with this social exception being limited to the applicant. 02:24:41
Yes. So let me ask a question, guy. 02:24:46
If he if he would grow and he needs to get more employees, you have to come back in and ask for permission, right? OK. 02:24:50
I don't want a place just suddenly ballooning out. Yeah, I got you. I agree. Good catch. 02:24:58
It's a family type business now and I want to see it not to expand much more on that. 02:25:03
And then I've got a comment. 02:25:14
I would like to see any exhaust from the building to be aimed towards the internal lot, away from property lines. 02:25:16
I agree with that and then I'm not sure if it's feasible but to work with Nick. So any overhead doors would open towards the 02:25:25
internal the property, not towards property lines. It's a good catch too. 02:25:30
I don't think that's going to cause me any problem. 02:25:39
What was the what was the one about doors? He was the doors, the face the opposite direction of the Dogwoods said. If you put the 02:25:42
building on the other side, it was you put the building on the other side. He can't do that. That's right. The doors I have to 02:25:48
face, but that's a pretty good distance away from them. You see, I'm saying. So maybe the comment is if it, if it's built as 02:25:54
requested as opposed to the other side, then is that what you're saying? 02:26:01
Yeah, because it because if the way the land lays, I understand they couldn't put the doors on a set because it's the downhill 02:26:07
side. So even if it's up against, if it's 10 foot in the property line, the doors aren't going to do me even get to get in and out 02:26:11
anyway, right? 02:26:15
Any other comments or questions? 02:26:28
So, Mr. View, House, are you going to amend those conditions? 02:26:33
He's writing. 02:26:39
And I want the record to show you owe me owe you owe me almost 1/2 hour. 02:26:43
I want to ask a question. 02:26:49
Move it back. I'm sorry. 02:26:51
But how can we not, folks? We can't. You can't question right now that that section of meetings closed. 02:26:54
Dogwood Rd. 02:27:01
And and we're. 02:27:04
We're not. We're not responding to anything right now. We're already in the middle of a ballot. 02:27:06
I think. I think. 02:27:14
Employees. A limit on the employees. A special exception is only for the applicant. 02:27:16
I've got the door facing away from Dogwood. 02:27:24
Would you go out the ceiling or would it go out the wall? 02:27:38
Yeah. So, so it goes out the ceiling. Well, then that's not an issue. It goes out the ceiling goes out through. 02:27:41
It was like the cold days. Now that's that's all right. 02:28:04
It's a good system. 02:28:08
So the seven conditions that I. 02:28:11
That put on their number 8 will be. This special exception is limited to the applicant only. 02:28:14
Just to be clear, this your amended ballot, correct? 02:28:22
#9A limit. 02:28:27
Of four employees. 02:28:28
Number. 02:28:32
10 No exhaust towards Dogwood Rd. 02:28:33
Oh, and #7 well, that was already in there, but I'm gonna. I'm amending that one. Let me read #7 again. 02:28:39
Serious considerations will be given to moving the new building through the southeast property line and behind the septic system. 02:28:47
If the built on the northeast property line doors to face away from Dogwood Rd. 02:28:56
Gotcha, those are mine. 02:29:01
Amendments that I heard. 02:29:04
I need to second though the amendment. OK, I'll second it. 02:29:06
OK, so we have a ballot, an amended ballot and a second. 02:29:09
Any other discussion? 02:29:14
OK, we'll move to vote. All those in favor signify by saying aye. Any opposed like sign. 02:29:17
Motion passes. 02:29:22
OK, we've got one more item on our agenda this evening, folks. 02:29:24
And that. 02:29:29
Final item is next, Nick. 02:29:31
Breakfast not going to be here tonight, Frank. Course not going to be at our meeting. 02:29:36
John Lewis tonight. 02:29:40
OK folks, we're going to continue along the finally. 02:29:49
Agenda item this evening is FC-07-24-34 and Nick Creeley is going to explain to us the staff report. Staff is going to request 02:29:53
that this item be tabled to the September meeting due to it being after 7:00. 02:30:00
Plan Commission. 02:30:09
I've spoken with the applicant, they're fine. 02:30:13
OK. 02:30:16
So, so Nick has requested that we table with the applicant is OK with that. I'll make a motion. I'll second it. We have a motion 02:30:17
and a second by the board. All those in favor signify by saying aye, aye. Any opposed like sign that item is tabled. And is there 02:30:23
any other business coming for the board this evening? There is no, I'd just like to note that that will be tabled to the September 02:30:29
meeting at 5:00 in this morning. OK, September meeting at 5:00. Folks, if you're still here, thank you for your patience. We do 02:30:35
appreciate that. 02:30:41
Seeing no other business to come before us, do we have a motion to adjourn? 02:30:48
So there's I'll second motion, second all those in favor signify by saying aye, we are adjourned. 02:30:51
Christy, on that one they had before. I don't have to sign or do anything that I wasn't there. 02:30:59
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Cheers. 00:00:23
Turn your. 00:01:03
Good evening everybody. 00:01:05
It is 5:00, so I'd like to welcome everybody here this evening to the Floyd County Board of Zoning Appeals this Monday evening, 00:01:07
August the 12th. If you are not here for the Floyd County Board of Zoning Appeals, you're welcome to stay. You might get a little 00:01:13
bored by the end of the evening, but you're welcome to stay if that's not your reason for showing up. We have three agenda items 00:01:18
tonight and. 00:01:24
Before we get started, I just want to let you folks know. 00:01:32
Two of the three main. 00:01:36
Just because of the the fact that they're old items that are coming back up today. 00:01:39
They may require a little extra time. So as a courtesy to those applicants, we may extend their time limits, which you see up here 00:01:44
and we'll talk about those when we get to those. But I just wanted to get that out in the open early. And as we get to each agenda 00:01:51
item, I'll explain the additional time that we're going to a lot. 00:01:57
As a courtesy to those of you that are here to hear those and and respond to those, however whichever side you may be on. So with 00:02:04
that said, let's let's call the meeting to order and move again with roll calls. 00:02:10
Here here. 00:02:17
Here, here, here. 00:02:20
OK. We have full board. We'll proceed with minutes. The minutes of the meeting were circulated in advance and I will entertain any 00:02:24
questions, edits or corrections to those. 00:02:29
Mr. Chairman, I move that we accept, accept them as written. OK, we have a motion. We have second. 00:02:35
I'll second motion a second. All those in favor signify by saying aye, aye. I cannot agree with that. I wasn't here last week. OK, 00:02:42
and I'll I'll abstain as well. OK, so we'll we'll let the record. 00:02:48
Note that we have two abstentions and the minutes are passed as presented. 00:02:54
So moving on, we're going to begin the meeting tonight with agenda item number one, which is FC-04-24-16A, an old business item. 00:02:59
And as I mentioned a moment ago, our normal time limits for these requests are 10 minutes for the petitioner to get up and present 00:03:09
their case or anything they would like to share, 10 minutes for those that are here this evening to speak in favor of the request. 00:03:18
10 minutes for those in opposition and a rebuttal time of 5 minutes. 00:03:28
As again, as a courtesy to those of you that are here on either side of this issue, this evening, we're going to stick to the 10 00:03:32
minutes for the petitioner to state their case. But for the others that are for and against and the rebuttal, we're going to add 00:03:39
five minutes to each of them. So hopefully that gives everyone enough time. But we do have a time limit because there's a, there's 00:03:46
a 7:00 PM meeting that is supposed to occur this evening, assuming we finish on time, which I intend to do so. 00:03:53
With that said, unless someone has a strong opposition, we'll move along. And Mr. Craft? 00:04:01
Mr. Chairman. 00:04:06
I'm on the Edwardsville Water Authority board and I would like to recuse myself from this docket due to possible conflict. Thank 00:04:09
you. Thank you. OK, let the record show that Mister Heikamper is going to recuse himself and will step out of the meeting until we 00:04:16
have completed this agenda item. Mr. Craft. Mr. White? Yes. John Craft with law firm of Young Linden or some craft. I just have a 00:04:23
question as it relates to the 10 minutes. 00:04:30
Under the terms of your. 00:04:38
BCA rules and regulations. It specifically grants 15 minutes on an application and I'm looking at 5.8 of your rules and 00:04:40
regulations. 00:04:45
The grant 15 minutes and unless they've been amended since that time, uh. 00:04:50
It shows 15 minutes per and then it's actually a total of 20 minutes for a petitioner, 15 minutes of it will be for the 00:04:56
presentation and comments. And then likewise a remonstrators will have 15 minutes for presentation of evidence as well. So I'm 00:05:02
just curious if those rules have been changed since the publication of those. Thank you. That is a good question, Mr. Craft, and I 00:05:08
will ask Miss Fox that question. 00:05:14
Yeah, our last rules were put in place in. 00:05:21
Our last. 00:05:29
There we go. Our last set of rules were put in place in 2022, so if you will give me just a second to pull those up. 00:05:33
So that we can go over the process. 00:05:44
And I assume that's John, you were referring to the 2022 rules? 00:05:48
Of 2022, though. 00:05:53
Show me. 00:05:56
Let's see here. 00:05:59
5.8 is tabling your continuance of public hearings. 00:06:06
I think that you must be looking at an older version, but I don't remember the time frames being modified to you Nick. 00:06:15
Let me find the times though. 00:06:23
Initially in August 14th 2006, they were set at 15 minutes. I did not see in 2022 that they were reduced to 10. 00:06:31
OK, let me find that. 00:06:42
Mr. President, Mr. Craig, and just for the record, I will be asking for suspension of rules anyway as it relates to the time 00:06:44
limitations. But I did want to check since it did reflect 10 minutes and I can't speak to to that in detail. I'm going to rely on 00:06:51
this box there. I can tell you we followed the minutes or the rules, the time limits as I laid them out as long as I've been on 00:06:58
this board. Yeah, I believe I'm not able. 5.8 is definitely not the section, so. 00:07:04
Nonetheless, instead of wasting time over 5 minutes, we'll we'll move ahead and we'll grant you 15 minutes and we'll go from 00:07:14
there. 00:07:18
Nick, would you like to come up and give the staff report? 00:07:23
So the petitioner on this case is the sporting Club at the farm owner Joe Cree, location 4939 Highway 10. 00:07:32
11 S. 00:07:40
The request is to modify the special exception approval which was FC 04/24/16. The zoning district is agricultural residential. 00:07:42
The proposed special exception application was initiated in response to the request for documentation of compliance with 00:07:57
conditions of the previous approval for the property allowing a shooting clays club to operate in the zone. The conditions noted 00:08:06
in the in the violation letter dated February 13th, 2024 were the requirement to reclaim shooting associated materials. 00:08:14
And lead at a minimum every two years. 00:08:24
In To follow the EPA's best management practices for lead and outdoor shooting ranges in the associated Environmental Stewardship 00:08:27
Plan. 00:08:32
In response to the notice, the applicant provided a document from Doctor Richard Petticord, who was a contributor to the EPA 00:08:38
guidelines for outdoor shooting ranges. 00:08:42
And prepare of the ESP Environmental Stewardship Plan for the site. 00:08:47
The document summarized the EPA get guidelines regarding reclamation and provided a summary of interviews from three qualified 00:08:53
reclamation companies, but did not include site specific considerations. The letter noted that the representatives agreed their 00:09:00
reclamation, more frequent than the EPA guidelines would not be justified. 00:09:07
Doctor Pet Accord did not offer a recommendation regarding red LED reclamation in their letter. 00:09:15
The applicant was notified that they would need to modify the condition imposed by the BCA through a special exception 00:09:23
modification application in order to adjust the need for the lead the lead reclamation interval. 00:09:30
The applicant submitted a preliminary special exception application on April 5th. 00:09:38
In the final application by April 24th, in addition to a modification of lead abatement. 00:09:43
The applicant included the following additional requests To allow gun sales to add approximately 30 spaces for primitive and RV 00:09:51
camping. To modify the shooting boundary area. To modify the hours of operation for special events. To allow three to five after 00:09:59
dark shooting events during the winter season. To allow a pistol and rifle training education shooting range by appointment. 00:10:08
In a pistol rifle annual event. 00:10:17
To allow a motocross event. 00:10:19
To modify the alcohol sales condition to allow the sporting club to sell alcohol on site for events and to serve alcohol at the 00:10:21
club after 1:00 PM to close. 00:10:27
At the May 13th. 00:10:34
2024 BCA meeting staff requested the item be tabled to allow additional information to be provided by the applicant and to allow 00:10:35
Edwardsville Water Corporation to provide a response due to the proximity of the operation of the water wells. 00:10:43
The BZA table the application to July 11th or 8th. Excuse me. 00:10:52
The applicant submitted responses to BCA questions in response from Edwardsville Water in adjacent land. Owners Paul and Julie 00:10:58
Riley were provided by June 28th. 00:11:03
The item was tabled again to August 12th from the July 8th meeting due to a lack of quorum for the item at that time. 00:11:10
The site visit with Sheriff Steve Bush, Bobby Brooks and staff was conducted on July 11th to discuss the alcohol request and the 00:11:20
pistol and rifle request. 00:11:25
The site inspection A site inspection was also conducted. 00:11:31
Of the shooting stations and decibel readings were taken at that time. 00:11:36
I have provided notes in the results of those decibel readings. 00:11:42
At the time of this report, the property is in violation of several conditions already noted following the Environmental 00:11:48
Stewardship Plan and lead reclamation. 00:11:53
Additionally, it is in violation of the requirements to post rules to each shooting station, shooting outside of shooting 00:11:58
stations, and not shooting inwards and away from property boundaries. 00:12:04
Staff was unable to verify additional complaints listed in the Riley and Edwardsville Water Company response. 00:12:11
Those were shooting outside of boundary, alcohol in the range, decibel readings above 75 decibel threshold at the property 00:12:18
boundary or road, and hours of operation outside permitted times. 00:12:25
Staff findings for the request. 00:12:33
The special exception will be injurious into the public health, safety, morals and general welfare of the community. 00:12:36
Site specific considerations such as the presence of wetlands, soil, the city and the proximity to the Edwardsville water wells 00:12:45
justify extreme caution in the consideration of lead and other contaminants to the environment. The ESP provided at the initial 00:12:51
approval proposed a number of best management practices to follow, including including regular lead reclamation, regular pH 00:12:58
testing and treatment as needed. 00:13:05
Site interventions to prevent lead and water bodies. 00:13:12
Among others, to mitigate the risks to the environment. 00:13:16
The conditional approval of the use as a shooting club required following the EPA's Best Management Practices ADSP. 00:13:21
Currently the applicant is not compliant with this condition. 00:13:30
Therefore, extending the lead reclamation interval at this time would pose a threat to the environment and public health. 00:13:33
Further, the expansion of uses that support further shooting activities while the site is non compliant with the conditions would 00:13:40
pose a greater environmental risk and a potential hazard to Floyd County residents. 00:13:47
Any reduction in the intervals of lead reclamation should be based on site specific data including number, weight of lead 00:13:54
expended, soil testing and groundwater testing. 00:13:59
The EPA best practices guidance note some sites collect. 00:14:05
LED between 250,000 to one million shot intervals. 00:14:10
The stormwater pollution prevention plan. 00:14:15
In the approved ESP suggests the site would be a moderate use site, which suggests lead reclamation at three to five year 00:14:18
intervals. 00:14:22
Once the site is in compliance with appropriate soil treatment, station locations and monitoring interval adjustment may be 00:14:27
justified. 00:14:31
The use and value of the area adjacent to the property, subject to the special exception, will be affected in a substantially 00:14:37
adverse manner. The property is in non compliance with conditions placed on previous approvals. 00:14:43
Of the use to protect the safety, use and value of adjacent properties. Expansion of the uses while a non compliance will further 00:14:49
adversely affect adjacent properties. 00:14:54
Additionally, modification of boundary and hours of operation will result in additional noise production and intensity at neighbor 00:15:00
at neighboring residential properties and create a greater safety risk of shot leaving the property. 00:15:06
The need for the special exception does arise from some condition peculiar to the property involved. The property has been 00:15:14
approved for the special exception for the existing use. The process for amending that is through a special exception. 00:15:21
The property is also a large and at over 100 acres with significant portion in floodway, flood plain excuse me and significant 00:15:30
portion in steep slope and ridgelines. 00:15:36
It also has several large lakes in a number of historic structures. 00:15:42
These contribute to both the limiting of potential uses of the property. 00:15:46
Allowed in the AR zone, but also present unique opportunities for outdoor, recreational, recreationally oriented activities. 00:15:50
The strict application of the terms of the Floyd County Zoning Ordinance will not result in an unnecessary hardship in the use of 00:16:00
the property. The property has been approved for the use of Shooting Clays Club in the event and event hosts with reasonable 00:16:07
conditions. The applicant is not in compliance with those conditions. The applicant has not provided site specific evidence to 00:16:14
justify a modification of lead reclamation intervals aside from the summary interviews with three. 00:16:21
Lead reclamation companies. 00:16:28
That we're not aware of ranges collecting at two year intervals for small to moderate ranges like the farm. 00:16:30
The approval of the special exception will not contradict. 00:16:37
Objective of the Floyd County Comprehensive Plan The Sporting Club at the Farm proposes uses are characterized of supporting the 00:16:41
outdoor recreational use of the property in a rural setting and therefore is consistent with the comprehensive Plans primary goal 00:16:48
of preserving rural character. Additionally, it will support growth of local businesses. Staff recommendation would be to deny the 00:16:55
special exception request. 00:17:01
And the applicant should provide documentation of an executed contract with the lead reclamation company within 30 days. Provide 00:17:09
an updated environmental stewardship plan with documentation of progress towards each of the best management practices. 00:17:17
Locate shooting station structures in each shooting location. 00:17:25
Rules to be posted at each. 00:17:30
Each location and oriented to shoot inward and away from property boundary. 00:17:33
Relocate shooting stations over wetland area and do not shoot over wetland or anybody. Water water body provide evidence within 30 00:17:38
days. 00:17:43
That is the staff report if you have any questions for me. 00:17:49
Contains of them now. 00:17:53
OK. Does anybody have any questions for Nick? 00:17:55
OK, seeing none. Thank you. Nick is a petitioner or? 00:18:02
They're represented here this evening. And Mr. White, would you like me to go over those rules really quick? Those those are in 00:18:07
five. Yes, those are in 5.9 of the rules last amended May 2022 by this board. It's 5.9 H and that is 10 minute time period for the 00:18:14
applicant, 1010 minutes in favor, 10 minutes opposition and five in rebuttal. Thank you. 00:18:21
We're still going to give you your 15 Mr. Craft. 00:18:29
Thank you for the record, John Craft with the law firm of Young Lynn Anderson Craft, 126 W Spring Street in New Albany. Bearing on 00:18:32
behalf of the applicant as Mr. Preview read out there is this is to modify an existing approval. 00:18:39
I do have presentation to you a petition signed by 112 individuals in support of the petition itself. Make that part of record. 00:18:47
Thank you. 00:19:00
Additionally, this of course comes to you on an application. The application primarily to deal with lead abatement, gun sales, 00:19:04
camping, as well as potential annual events, some additional hours and alcohol savings I. 00:19:11
You may be aware that there were some questions that were initially posed to the applicant by certain members of the Board of 00:19:19
Zoning Appeals and I presume that you were presented with those answers that were submitted by the applicant to those individual. 00:19:28
Members, Mr. Whelan had asked some questions and there were written responses to those, and I am presuming that those have been 00:19:37
made by our director, Have they? 00:19:41
I believe that. 00:19:46
Yes, they have. OK, thank you. So again, we want to make certain that those those are part of the record. As indicated, this 00:19:49
matter is before you for a specific request to modify the original approval. Several things that I think are important I will be 00:19:58
speaking as well as Joe Cray, who is one of the primary members of the LLC that currently owns the real estate. 00:20:08
Likewise, there will be some comments by Jason Likens. 00:20:18
As well as Charlie. He'll tune it. 00:20:22
In order to address these, and again, I'm requesting that we suspend the rules in order to allow the presentation of the 00:20:25
appropriate evidence before you that carries out the application. As Mr. Preview went through, the specific elements that we have 00:20:33
to deal with our primarily those that are set out in statute and likewise those that are set out in the zoning ordinance. 00:20:41
Most most recently. 00:20:51
The original staff report had some different items on it, but since submission of some of the questions by some of you members to 00:20:55
the applicant and the answers of those, there have been some staff findings that that have changed as a result of that 00:21:01
information. I think probably the most important area that we will deal with and I'll I'll touch on it, but ultimately Mr. Cray 00:21:07
will touch on it as well. 00:21:13
Primarily deals with the ESP. 00:21:19
As well as the best management practices. You might recall when this was originally approved, it was placed upon a two year plan. 00:21:23
Ultimately, while the two year plan was put in place, it was a bit of an arbitrary number with respect to that information that 00:21:31
was previously provided to you in the initial application based upon the number of shots. And as a result of that, Mister Craig 00:21:39
will eventually speak to that. I think it's important to deal primarily with the use and value of. 00:21:47
Piece of that specifically since the. 00:21:56
Farm has been opened. 00:22:01
There are now available to us and I will make these part of the record as well. I'll hand these out to you. 00:22:03
What I what I placed before you primarily deals with real estate values as shown in Floyd County based upon Floyd County records 00:22:27
relating to those surrounding properties, specifically as it relates to the 2019 time period and the current 2024. 00:22:37
Each of those will reflect that there is an increase in value. 00:22:47
Specifically with respect to my client property, which is at the very bottom page one, as well as the property of Miss Snyder, 00:22:52
Miss Wade and Miss Kines David, Martha Wright, David and Suzanne Kalyn Mayfield, as well as the Rileys being 1A vacant piece of 00:23:00
property and then likewise being their residence. 00:23:08
In each of those instances, it does show that there has been an increase in value. 00:23:17
Since the opening of the farm, so again addressing that issue with regards to the specific values. 00:23:22
Since that has been opened, likewise the other piece that I think was important was dealing with a condition peculiar to the 00:23:31
property as noted by Mr. Prevey. Mr. Preview addresses the fact that this is 100 acre tractor property and as a result of that 00:23:39
many portions are in a floodplain as well as steep slope. So the result of that it doesn't limit. 00:23:47
And likewise there are some large lakes as well as historical structures. 00:23:55
When we look at those conditions, they contribute to the fact that this is a condition peculiar to the property involved, So the 00:24:01
result of that specifically addresses a positive there and then. Likewise, dealing with the approval of the special exception will 00:24:07
not contradict the goals and objectives of the comprehensive plan. With respect to that. Once again, the staff specifically 00:24:13
addresses that. 00:24:20
That says specifically the sporting club at the farm. Proposed uses are characteristic of supporting the outdoor recreational use 00:24:27
of property in a rural setting. 00:24:32
And is therefore consistent with the comprehensive plan primary goal of preserving rural character of the community. Additionally, 00:24:37
it will support the growth of local business. 00:24:42
When we look specifically at the issues pertaining to violations as it relates to maybe signage as it relates to the shooting 00:24:49
station. 00:24:53
Many of you may be aware there was a tornado that ran through there, many of the signs that were removed. And if you look at all 00:24:57
of those locations, you're going to find that there are only two, maybe three at Max that don't have the signage. 00:25:03
Result of that, Those have since been replaced. Don't know if you visited but those have been replaced. But that was a result 00:25:09
solely of the weather and the fact they came down as a result of the weather. 00:25:15
When we look specifically at the other elements that we're dealing with and the approval that we're requesting this evening, I'm 00:25:22
going to let the individual that is the primary member of Muscle Bound LLC, which is the current owner of the real estate, Joe 00:25:30
Craig, come up and speak to you on that issue. And then again requesting that we be looking at the possibility of. 00:25:38
Suspension of the rules if we carry over that 15 minute time period. 00:25:47
In order to allow Jason license to speak and then likewise Mr. Hill TuneIn to speak as well, I decided I would call on Joe Cray to 00:25:51
come up and speak to you with respect to the approval. 00:25:57
Thank you very much. I want to thank you all for your all time. Please state your name and address for the record. Yes, my name is 00:26:07
Joe Craig. I'm at 7209 Leafland Place, Prospect, KY. 00:26:12
So I just want to thank you all for your time and, and letting us come to speak to you all. We want to address our efforts for 00:26:22
lead abatement efforts, environmental stewardship. Just to speak from a personal perspective, I've been a fan of the farm since I 00:26:29
first went there. One of my reasons for getting involved was to help preserve the property, not let it fall into disuse like it 00:26:36
was prior. Make sure it's there and it's preserved and taken care of for, for my kids and, and everybody. 00:26:43
Then going forward, it's a great spot for anybody in the community to come visit and something that we really want to make sure 00:26:50
we're protecting. 00:26:53
With regards to our lead abatement practices, as part of our commitment to environmental responsibility, we adhere to the strict 00:26:56
EPA best management practices for lead and outdoor shooting ranges. It's a copy of this. I believe you guys have been, you all 00:27:02
have been supplied that. 00:27:07
That was written with consultation from Doctor Richard Pettycord. He is a. 00:27:13
Contributor and peer review for that document. He's also the one that has developed our environmental stewardship plan as well our 00:27:21
ESP. 00:27:26
Excuse me? 00:27:34
We've determined that physical lead reclamation is not necessary at this time. Conducting lead reclamation prematurely will cause 00:27:35
more harm than good, leading to soil erosion, damage native vegetation, and disrupt the local ecosystem. 00:27:41
Instead of focusing on on thoughts or impressions, we stick to the EPA best management practices, the Indiana Department of 00:27:49
Environmental Management's Technical Guide, which we supplied you all with as well if you all have received that. 00:27:57
And to our ESP that. 00:28:04
Has also been supplied. 00:28:07
The number one, the number one concern is to limit the mobility of lead in the soil. 00:28:10
We want to make sure that where the shopfall it remains. 00:28:15
To do so, we make sure to maintain a pH level that's within the EPA recommendations. 00:28:20
And we do pH testing on the schedule in accordance with that. 00:28:27
The ideal setting is the ideal. 00:28:33
Value is between 6.5 and 8.5 pH levels. 00:28:36
We, we monitor the pH and we do line applications as necessary. We worked with Premier AG in Cordon to do the soil testing. Copy 00:28:41
of that soil testing has been submitted to you all. We work with them in September. They prefer the drier times of the year, early 00:28:49
fall for line application. We'll be doing our next line application when the pH is in that. 00:28:58
Range. It's very stable and it does not reach more than two or three inches. 00:29:07
Into the soil and it stays where it is. 00:29:11
So continue testing is a key part of our environmental stewardship. 00:29:17
We focused on preventative measures, cement soil samples to premiere AG, and continue to monitor levels. 00:29:22
To ensure the health of the soil. 00:29:30
Q3 last year was our last application and we applied line at the recommended rate. 00:29:32
The formation of the lead phosphates from lime application are very stable. 00:29:41
Insoluble and therefore minimizing environmental impact. So you'll have a copy of that report. 00:29:46
We do. We follow many of the the best practices in the Best Practices Guide. 00:29:53
Whether it's some of the the check dams, which Bobby can speak to that we've installed that helped control the flow, helps control 00:29:59
where sediment sets our duck hole, which I think you guys were provided a video of. That's actually one of our detention ponds 00:30:06
that's also listed in the APA best practices to be a catch all for anything flowing. So that's that item that feed that water 00:30:13
feature is not a. 00:30:20
A wetland instead. Part of the EPA best practices. 00:30:28
It's important to note the two year reclamation schedule is neither part of the EPA's best management practices nor environmental 00:30:34
nor in our environmental stewardship plan. 00:30:39
This requirement was imposed unexpectedly at the original hearings, not aligned with industry standards or guidance from 00:30:44
environmental experts. 00:30:48
EPA best management practices emphasize that lead removal should occur at a frequency appropriate to the specific site conditions. 00:30:53
With our lead depth, our lead deposits far below the threshold where reclamation is considered necessary. 00:31:00
We believe that adhering to a rigid periodic schedule would be premature and not in the best, not in the best interest of 00:31:08
environmental sewage and. 00:31:12
As noted in the staff review, the. 00:31:18
250,000 to 1,000,000 target. 00:31:21
Listing is somewhat. 00:31:25
Missing. 00:31:30
The complete sentence from the EPA's report. That sentence said that. 00:31:31
One source indicated that when a range has thrown at least 250,000 to 1,000,000 targets, depending on the shooting area, 00:31:36
regulation of lead shot is encouraged. 00:31:40
It goes on to say another reclaimer indicated that at least 2 lbs of lead per square foot have. 00:31:45
When at least 2 lbs a square foot have accumulated on the range, lead reclamation would be recommended. So it's something like a 00:31:51
trap or feet field where the shot fall is condensed to one small spot less than an acre. 00:31:58
A million targets in that space would warrant reclamation. 00:32:05
Our shopfall area is over 30 acres, so if you extrapolate that out, it's a much. 00:32:10
Wider space. So we're not looking to be at the 2 lbs per square foot that would put us around 41 million targets before letter 00:32:16
information. We don't have an interest in it. With that. We just want to follow the ESP and EP as best practice guidelines, best 00:32:21
practice, best management practices, working with licensed letter recognition companies to ensure that we're we're doing what's 00:32:27
right for the environment. 00:32:33
We're committed to following our environmental stewardship plan developed with the expert guidance. 00:32:40
Of Doctor Richie Perry Cord, again one of the authors of the EPA Investment Management Practices. 00:32:45
Reclamation professionals as necessary. Our goal is to balance the needs of our community with responsibility to protect global. 00:32:55
Local environment We take this beauty very seriously and the health of the local ecosystem is a top priority here. Thank you for 00:33:02
talking considerations. 00:33:06
And I will defer back over to our Council. 00:33:11
Mr. Craft before you. 00:33:16
Come up and speak, I want to ask the board. 00:33:18
Mr. Craft asked if we would be willing to suspend the rules of time, and I'm gonna let the board make that decision given that we 00:33:20
already expanded time for those, for those against and rebuttal. So I would ask the board for their recommendation. 00:33:29
I guess I would ask Mr. Craft, how many more? How much time does he think he needs? 00:33:39
Does he need 5 minutes more or does he need 1/2 an hour more? I guess that's fine. We if I made Mr. B Plaza, we would ask for a 00:33:43
total of 30 minutes. We, we have and likewise giving the opposition those folks that are here to oppose it are those folks that 00:33:49
are here to speak have the light amount of time. 00:33:55
This is an important matter and certainly as Miss Fox would indicate, when we go into court, we're not necessarily limited on 00:34:02
time. It's a matter of presentation of appropriate and proper evidence and we believe it's only appropriate would be allowed a 00:34:08
total of 30 minutes in order for us to move forward. 00:34:13
So I'm going to ask the board for their input. 00:34:20
I have no problem. 00:34:24
With 30 minutes total, I'm good with that. 00:34:26
30 minutes. Thirty minutes total time. 00:34:29
30 minutes total for the petitioner. Yes, OK. 00:34:31
OK. Mr. Craig, at this time I would call on Jason Likens to speak to you on the issue with regards to the request on the pistols. 00:34:36
OK. 00:34:40
Evening. Excuse me. Good evening, Jason Ligands, 4206 Miners Way, Sullivan IN. 00:34:50
How are you? All awesome. 00:34:55
I'm here on behalf to discuss the views on actually putting in a range. 00:34:58
My background on this I would suspect that I'm probably the subject matter expert in this room when it comes to building ranges. 00:35:04
For First off, foremost is the safety. The safety aspect of a firing range is always at the forefront. 00:35:10
About is safety, we talk about safety, we want to talk about the SDZS. So it's the surface danger zones of the possible. 00:35:47
Ammunition that's being extrapolated through the gun and into the berms themselves. 00:35:56
Per a couple of guidelines, you're going to have the unified facilities criteria, which is what I cite my stuff out of, and then 00:36:01
you also cite it out of the NRA's best practices for range management. 00:36:06
Those are my two primary go TOS to make sure that we are in compliance with everything that we can possibly do to mitigate 00:36:12
anything from ever happening that could go bad. So that being said, Long story short, we build this range if if given the 00:36:17
opportunity to build this range, this range is going to be conducted for. 00:36:22
Educational purposes, this is not going to be an open range like most people think of. Sometimes when we think of open ranges, we 00:36:29
think of Knob Creek, we think of everybody showing up up in Henryville State Forestry, something like that. Or is that? And that 00:36:35
is absolutely not the case of this. This is going to be by strict guidelines. It's going to be by strictly you calling and getting 00:36:41
an appointment set up and having a true professional, which also could possibly be me as your instructor. I'm a certified farms 00:36:46
instructor. 00:36:52
Multiple facets. I believe that you all probably have no certifications in front of you at this time. So that's going to be 00:36:58
through the US CCA, It'll be through the NRA and other multiple agencies that I've that I've trained with, whether it be law 00:37:02
enforcement or civilian. 00:37:06
So that being said. 00:37:11
This portion of the range would be pistol and rifle, pistol being up to typically 9mm. That's kind of the number one going 00:37:13
ammunition for this day and age and up to a 308 round, so 308 round. 00:37:20
It's one of the things that people like to get a little bit upset about because I think that it's going to travel so far and so on 00:37:28
and so forth. Well, if we put a target out and further guidelines of both the NRA and also the. 00:37:33
Excuse me. Yes, the NRA and the Unified Facilities criteria. 00:37:40
If you have a target, that's out here. 00:37:45
By statue of these, there only has to be a burn. It's 14 feet above that target in order to make sure that you are capturing 00:37:48
again, best practices capturing the bullet, the berm itself. If we look at what we have set up in the valley that we're looking at 00:37:53
doing this at. 00:37:58
The hills are 300 vertical feet and. 00:38:04
300 vertical feet. I'm asking for 14 foot above a target. 00:38:07
We've got 300 vertical feet. That's a huge difference, you all. So what that means is is we're now going to be able to take our 00:38:11
risk of negation and even lessen it down and get it to where it's probably one of the safest, if not the safest area to shoot. 00:38:18
The other part to that is, is something that we want to think about is and that's noise pollution. 00:38:25
Noise pollution obviously is a big thing, especially when we have neighbors. 00:38:30
Thing about a 308 round is it runs at about 156 decibel. 00:38:35
So that's the, that's the height of it's, it's, it's, that's why as it'll get problem with that is you have to talk about 00:38:39
atmospheric pressure, you have to talk about temperature, wind direction. These all have adverse effects and the propagation of 00:38:45
the sound. So is there any way that we can seriously sit here and state that we can state that if somebody's property is 3/4 a 00:38:51
mile away, which is the closest home and in the area that we want to put this is .71 miles away, is that person going to hear that 00:38:57
round? 00:39:03
There's nobody in this room that's going to tell you yes or no because it's going to depend on again, the atmosphere, pressure 00:39:10
that all this other stuff that that we have to contend with that there's just no way of of being able to ever state that no, they 00:39:14
would not hear this or yes they would. 00:39:19
However, with that being said, inside this valley, noise goes up and then it goes out. 00:39:24
So with again this valley that we're looking at, trying to put this in 300 foot Earth elevation is going to absolutely mitigate 00:39:29
the noise pollution and all atmospheric pressure that we can possibly come up with. 00:39:34
Any questions? 00:39:50
Thank you, Mr. Likens, Thank you. 00:39:55
Call on Mr. Hill TuneIn to speak to you now at this point. OK, Thank you. He'll introduce himself. 00:39:58
He didn't mention this one. 00:40:04
Mr. Chairman, members of the Committee. 00:40:09
Charlie Hill Soon and I'm a board member of the National Rifle Association of America. I also stand as president of the State 00:40:12
Rifle Pistol Association. Usually this is a function of our government affairs team, but the highest leadership in our 00:40:20
organization has decided that they wanted to have a board member here because of the importance of this area to our association. 00:40:29
This area just happens to be probably one of the highest concentrations of our members. We have probably one. Well, we have the 00:40:38
best event. 00:40:42
In, in this in the United States, just right out here outside Uber, Uber winery. And we think it's important to have these 00:40:48
resources available to our membership. Shotgun Sports in particular, it's very hard to find. 00:40:55
Places to shoot? There's only two in this area. The next closest you have to go to Mitchell Crown Point I. 00:41:05
And then up to French Lick that area. So there are very few opportunities here. We have very robust youth shooting sports 00:41:15
programs, we have training programs and we have the ability for members to come and shoot. We have reviewed the practices of this 00:41:23
particular facility. We found them to be very safe when we looked at. 00:41:31
The requirements were kind of. 00:41:39
There was a little confusion. The standard of having lead remediation at a sporting play range every two years is is unheard of. 00:41:45
It's a different facility. We think those rules apply to some of another range where you're talking about. 00:41:53
A high. 00:42:02
Incident of targets in one position where you collect. So usually with lead mitigation you're looking at those high concentrated 00:42:05
areas you don't have that in sporting plays. So we really rely on the conditions of the area and the testing so soil testing, 00:42:12
water testing is critical and it's all really based on that in order if you take a look at what's done in the process of lead 00:42:19
mitigation, it's very. 00:42:27
And very intrusive to land and structures. 00:42:35
Applying A2 year standard to this, where we think that it would be completely unnecessary, would place. 00:42:42
Not only an unnecessary hardship, but we believe that the cost of that type of mitigation would create a hardship to keep that 00:42:49
particular business going in our opinion. We've seen this over and over again across the country. So we think that. 00:42:58
It needs to be based on sporting clay facility. We think that this particular rule wasn't intended for a sporting clay facility. 00:43:09
So we are, you know, NRA is number one concerned safety first concern about the environment and the area. So we in conjunction 00:43:17
with a lot of our partners, Ducks Unlimited pheasants. 00:43:26
Forever and all the other conservation groups, we always believe that. 00:43:35
You do more for an area than you. 00:43:40
You leave a area better than where you. 00:43:43
Left it and when we take a look at the farm and see what they've done as far as conservation, development of the wetlands and 00:43:46
things, we think it's very positive. We do have resources in the state of Indiana. 00:43:53
Our director of competitions, who also is intricately engaged in ranges. We were going to have him come today. He's actually based 00:44:01
in Indiana. We're currently running our national matches at Camp Atterbury. So he's incapacitated. 00:44:10
But the NRA has authorized him to engage, to help and consult and make sure that, you know, the facilities are run where there is 00:44:19
no danger to the public. 00:44:25
But this is a precious resource for us and for our members and would like to continue. When you take a look at BCA rules, you look 00:44:31
at the the staff findings, they're really all based on hazardous that this is it could be or no. It says it will be injurious to 00:44:41
health, safety, morals and general welfare of the community. All the other findings arrest upon that you look at the current. 00:44:51
Values the soil and the water testing. 00:45:03
There's no indication of any hazard whatsoever. So we think that that really takes the wind out of the sails of all the other 00:45:07
arguments. But like I said, the NRA is very, you know, they were invested in our members and safety and we'll, you know, be 00:45:13
invested in this particular operation too. 00:45:19
The. 00:45:28
Yeah. And of course, I address the unnecessary hardship, but this is very important to our organization, our members and we really 00:45:33
appreciate your consideration. But our utmost concern is to make sure that they can continue operations, expand. 00:45:41
Their role here, the role of, you know, especially in their youth. I just gave a speech at a national organization about the 00:45:51
importance of youth and teaching, respect, responsibility. 00:45:56
All that and that is a resource we need to. 00:46:02
Do more of here rather than less. So thank you. If you have any questions, I'm available. But thank you so much for your 00:46:05
consideration and time. And I have one question. I was making a note when you came up. Did you state your address for the record? 00:46:10
We got your name. 00:46:15
Washington Blvd. Indianapolis, IN Thank you. Any any other questions or comments? I do have a question. Could you go just go 00:46:22
through the process? I'm unfamiliar with it how they would remediate the lead tell me you say it, it would disturb and do more 00:46:29
damage to the land kind of go through how they the process for us. 00:46:35
We we actually had a remediation project in. 00:46:42
Fortville, IN and they basically have scrapers so lead only penetrates. Like I said, if your pH is right, you're looking at about 00:46:47
two to three inches of your soil. So they actually have scrapers that will come scrape the dirt, then they separate the lead out. 00:46:55
With most. 00:47:05
Ranges in my experience, when you get lead at a level where you have to remediate, it's, it's still not at the level where it's an 00:47:08
environmental concern, but it's where you want to clean it. Usually you get enough lead that's going to more than pay for the 00:47:14
remediation itself. So under these particular rules, if you're doing it every two years, you're not going to get enough lead to do 00:47:20
anything a you're not going to be at any level that's going to be remarkable. That in and of itself isn't dangerous. It's a 00:47:26
concentration. 00:47:32
And it's the seepage thereof, so. 00:47:39
If you do it every two years, you're not even going to cover your costs for that. And it's it's it. 00:47:42
It's so. 00:47:48
I guess there's no chance of. 00:47:52
Introducing itself into drinking water or. 00:47:55
The soil or anything like that? 00:47:58
Good. Any other questions along the same lines? Is there any? 00:48:03
Study of the reclaimed amount versus the projected to be reclaimed amount. 00:48:08
Or so is, you know, based on number of shots, yes. 00:48:15
Yeah. But most of that is done by testing and then, um. 00:48:21
Yeah, there are studies. 00:48:27
But there are ranges versus where you're shooting in one area versus. 00:48:29
OK. 00:49:05
Any other questions? 00:49:08
Thank you, Mr. Hilton. Thank you have. 00:49:10
Thank you, Mr. Craft. 00:49:14
Yes, Sir. Mr. White, couple things I would like to touch on gun sales. The the reason for the request for gun sales is much of 00:49:16
what is done at the farms is educational, not out of the ordinary that Mister Brooks may be out there teaching a young man how to 00:49:23
shoot, going through the educational process and the father. 00:49:31
Indicates well, we need a gun. Can you recommend a gun? And that's the intention behind the gun signals that opportunity to not 00:49:39
necessarily go out and commercialize the fact that we've got gun sales, but in line with what is being done at the farms. So when 00:49:46
those individuals ask that question, what can you recommend for my son to use, my daughter to use, ultimately having that 00:49:52
opportunity to have that occur? 00:49:59
Alcohol sales, to touch on it very briefly. 00:50:07
As you may know, there are certain events that currently take place at the farm. Those have been catered and those instances in 00:50:12
which they've been catered, they have used the. 00:50:17
Permit of the catering company that does that. This would allow the opportunity and again with specific rules and regulations 00:50:23
pertaining to hours of use with regards to the sale. Likewise, one of the things that happens out there is that it's closely 00:50:29
monitored. Mr. Brooks as well as his staff closely monitor. There is no one that will appear on the range that has alcohol in the 00:50:35
system. 00:50:41
Likewise, there will be nothing that would allow any individual to use alcohol and then go out onto the range. 00:50:48
So again, it's important to look at that factor and they're looking specifically at their liability in requesting this change. 00:50:55
The additional hours, it's not really expanding the hours as much as you might recall. And I think that in my original application 00:51:04
I mentioned the term hall pass in which there is an opportunity for special events and that's all that is being requested at this 00:51:13
time, hosting three to five special events at that. One of those might be gloves. 00:51:21
During the winter season, weather permitting, again, it's an event that wouldn't allow them to continue to use it during those 00:51:30
seasons. In doing so, we would of course, at that point, based upon that Hall pass situation, be looking at the possibility of an 00:51:39
expansion of the hours or extend the hours solely for those events and those annual events primarily. 00:51:47
Would be on an annual basis. Fiscal rife, rifle matches, motocross events. 00:51:56
Again, these are within the body of the application, within the body of the request. We're asking that this evening you modify the 00:52:02
original approval, modifying it to the extent to allow for those items that have been requested this evening. 00:52:10
I of course would reserve my 5 minutes of rebuttal at the time in which that comes up. Thank you Mr. Craft. 00:52:18
OK, we have heard from the petitioner. Can I ask one question before we move on? 00:52:26
I want to go back to Mr. Cray, who reported he pulled your mic up a little bit. 00:52:31
That he reported about how much testing, pH testing had been done. Yes, Sir. 00:52:38
The document that I read, I only saw two tests samples of pH. Do you have more than two test samples of pH? Those were. That was 00:52:44
what was requested. We could provide more. We work with Premier AG that you've only taken 2 at this point. 00:52:51
In five years you've only taken 2 pH samples. This was the most recent report. 00:52:59
So you take. 00:53:04
Listen to my question. Have you taken more than two samples? How many samples have you taken in the five years? 00:53:05
Three samples in five years, not 220. That is, you should have taken it this time. 00:53:15
Where do you see two in your? In your stuff in your? 00:53:25
Appendix C, you're supposed to take 20 samples every six months, so you should have taken 220 samples by now and I and so you're 00:53:30
only reporting on three. You answered my question. Thank you. Thank you. 00:53:36
Any other questions from the board before we close this section? 00:53:46
I'm done. OK, So we've now heard from the petitioner. We will close that section of the meeting. We will move into the next 00:53:49
section, which is those in favor of the petition. And as I said at the beginning, we're going to grant 15 minutes of time. Miss 00:53:56
Adams, you've got that up there. OK. So and again, in the interest of time, folks, 15 minutes is all we have. So when we get to 00:54:04
the end, we will inform you if we're not done by then and we'll move on to the next section. So is there anyone here? 00:54:11
That would like to speak in favor of this application. Please come forward and state your name and address for the record. 00:54:18
Good evening, everyone, Jason Sharp from Floyd County Commissioner. I'd like to begin by acknowledging the difficulty the member. 00:54:28
Of. 00:54:36
This board are often faced with it could be extremely challenging to find balance with some of the actions that this board makes. 00:54:37
And you know I've had the distinct pleasure of serving with most of you, not only but most of you and ahold of each of you to be 00:54:44
in the highest regard and character. As many of you know, I have served over 24 years as a professional firefighter. Many of those 00:54:50
years I have served as a fire investigator. 00:54:56
What many of you may not know is on many occasions fire investigators are required to serve as subject matter experts. Excuse me? 00:55:03
We are bound by the rules as other subject matter experts are held to. 00:55:11
This ensures that the science used the base our conclusions are accepted by our peers and that we can clearly demonstrate our 00:55:14
knowledge and expertise. Subject matter experts can even be required to demonstrate our knowledge of the subject in which they are 00:55:21
speaking to ensure junk science is not being applied in our courts. I think subject matter testimony very seriously. 00:55:27
I have examined both the report from Doctor Pett Accord as well as his CV and Doctor Perry for CBI found that his knowledge and 00:55:35
experience is to be more than adequate as even the Environmental Protection Agency has used his work to develop standards and help 00:55:42
develop environmental stewardship plans specific to sites at more than 100 shooting ranges in 32 states. 00:55:48
According to the staff report, the conditional approval of the shooting club required the use of the EPA's best management 00:55:56
practices and the ESP. 00:56:00
I would assume that the term best practices were used as those type of documents are typically subject to change from time to time 00:56:05
as the science evolves. 00:56:10
The staff report also indicates that the site should be classified as moderate use, which required three to five year reclamation 00:56:16
cycles, but once the site was in compliance with the appropriate soil treatment station locations and monitoring intervals, it 00:56:23
could be justified. However, in Mr. Paracord's document specific to the supporting club at the farm, he cited no less than two 00:56:29
companies that knew of any range that was required to reclaim lead in a period of less than five years. 00:56:36
I've spent a lot of time dissecting this staff report. 00:56:44
But I want to ensure others the appropriate time to speak, so I will close with this. The vast majority of Mr. Brooks requests to 00:56:47
me seem to be very reasonable. 00:56:51
I found Mr. Brooks to be honest, transparent and accountable, so I hope that this board weighs the positive impact The sporting 00:56:55
club at the farm. 00:56:59
Not only has on our local economy, but also the work and instruction given back to families within our community. 00:57:03
We must all strive to protect our environment, but let's do so you just utilizing real science, not the junk science that that 00:57:09
you've seen criticized over the last several years. Thank you. 00:57:14
Anybody have any questions? 00:57:20
I don't think so. Thank you, Mr. Sharp. 00:57:23
Is there anyone else here who would like to speak in favor of this request this evening? Please come forward. State your name and 00:57:26
address for the record. 00:57:29
Chris Chris Welch, 3806 Dogwood Rd. Floyd Knobs, Indiana. 00:57:34
Mr. Cravey. 00:57:40
Tough job doing all this, but you're doing your job. But to the board, I ask you, I know. Sure, each and everyone of you all have 00:57:41
been in a different cult situation like this before, either being construction or whatever. 00:57:49
But and if you didn't get leniency. 00:57:58
You wouldn't go any further. 00:58:02
I think that we're telling the public that we don't want business in Floyd County. 00:58:04
Yes, there there are violations, Larry. 00:58:11
As in the pH soil? I think they need to. 00:58:15
What is reasonable? 00:58:20
That sounds unreasonable to me. I don't know how many times you all check your pH level at home, but it doesn't sound reasonable. 00:58:21
But I ask you all to have given some leniency and prove this modification so they can continue business and go on with providing 00:58:29
income for their employees. Thank you. 00:58:36
Thank you. 00:58:45
Is there anyone else that would like to speak in favor of this request this evening? 00:58:46
If so, please come. 00:58:50
Come forward, state your name and address for the record please. 00:58:53
Bobby Brooks. 00:58:57
840 Furnish Temple Road, Cordon, Indiana. 00:58:59
I understand what it said and and you that seems like a ridiculous gap in testing. However, if the pH is not changing and you're 00:59:03
applying the. 00:59:08
If the pH is not changing, if it was, if it was going up and down in any rate, we would continue testing that. But it's not. So we 00:59:14
don't, we don't know that it's not because you don't have a pH. Do you have APH from day one? 00:59:20
Do you have a did you take pH is before you started? When we when we planted all those warm season native grasses out there, 00:59:28
premier egg came down, they did our spring, they did lime application and our pH testing and when was that in 2019 or 20? 00:59:36
I'd have to look back, but it was. 00:59:45
What's happening? 00:59:48
Different areas. 00:59:49
But I mean, we, we want to do that. And if the pH is going up and down, I mean it, it doesn't. You just told the guy you took 00:59:52
three samples. 00:59:57
And your best practices guide says you're supposed to take 20 samples around the site every six months. So that would have been 01:00:02
220 samples. And you've told me you've only taken 3. So I'm. I'm struggling to believe that you can tell me that it's going up or 01:00:10
down. That's all I'm saying. I don't know how you understand where I'm at. OK. 01:00:18
I don't think 3 samples will look. Can confirm that. 01:00:27
Come forward, state your name for the record. 01:00:32
Name and address for the record. 01:00:35
Hello, I'm Gary Bennett, 959. 01:00:40
Common Dr. S Indiana. I have no idea about pH, water levels, anything like that but. 01:00:44
I am the. 01:00:52
President of the board of the charity The 501C3 that operates the sporting club at the farm shooting team. 01:00:54
We have 2223 shooters on that team. 01:01:03
That rely on Bobby and the sporting club at the farm. 01:01:07
For their passion, what they love to do. 01:01:12
Just this past year, we have. 01:01:16
One shooter that came in second in the country out of 700 shooters. 01:01:20
With the national championship. 01:01:25
We have some rookie shooters which is under 5, under grade 5. 01:01:28
Going into 6th grade. 01:01:33
That just came in second in the national championship. 01:01:35
That is what. 01:01:39
Everybody to hear, to just understand how important it is that the farm. 01:01:41
Continues. And I agree. If there's there's things that they should do, they should do it. 01:01:47
I don't have any problem with that, but there are a lot of young kids currently in the future that's going to rely on the farm in 01:01:52
order to. 01:01:57
Have an Ave. that they wouldn't have otherwise because I think you would look at most of the kids on our team. They're not the 01:02:04
star baseball players, right? They're not the football players. But they have found a passion and have really succeeded and I 01:02:09
would say that my son is one of them. 01:02:14
He's not very good at baseball, he's not very good at football, but he's a very good shooter right in the sporting club at the 01:02:20
farm is providing him an opportunity. 01:02:25
In life to get scholarships to travel around the country. 01:02:30
Which you wouldn't have if it's not available to. 01:02:35
So I just want everybody to know that there is a very, very strong. 01:02:38
Community of Youth. 01:02:42
That really rely on this program. 01:02:45
Any questions? 01:02:48
Thank you. Thank you, Mr. 01:02:51
Is there anyone else who would like to come up in the last minute and a half speak in favor of this request? 01:02:56
Who will please come forward? State your name and address for the record. 01:03:04
Her call is 2696 Georgetown, Greenville Rd. Georgetown, IN, in a minute. I work at the farm and I want to speak on the liquor 01:03:09
license and the staff at the farm we're very professional. We've never had an accident. I'm very strict, very scary, as you can 01:03:15
see. And all the professionalism that will be given that we've already been given will be given to the same effect if we get a 01:03:20
liquor license passed, so. 01:03:26
Any questions? 01:03:32
Scared. Thank you. 01:03:34
Okay. 01:03:39
We have 48 seconds if anyone would like to talk. 01:03:41
Seeing none, we will close that section and now we'll open up 15 minutes for those who may be here in opposition to this request. 01:03:46
So if there's anyone that would like to speak, please come forward, state your name and address for the record. 01:03:52
Mr. White, members of the board appeals. My name is Jonathan Hughes. I'm an attorney at the law firm of Bozeman, McKinney and 01:04:04
Evans, with addresses at 111 Monument Circle 2700 in Indianapolis. And I'm here on behalf of Paul and Julie Riley, who reside at 01:04:09
39345 Mile Lane underneath. 01:04:14
Here this evening stand. 01:04:20
Members of the board, I know that the petitioners requested 30 minutes. I have prepared my remarks to try to keep them within your 01:04:25
rules and I will do my best to do so, but we may also request a similar request in the event other folks want to speak. 01:04:32
To start off, I want to make sure a couple things #1 Mr. Janak, who's here with me as well for my law firm, submitted a letter to 01:04:39
you all dated June 28th, 2024. Just want to make sure it's in your records. Thank you, Mr. Bieberhauser. And then in addition, I 01:04:46
just want to make sure that we include the, the entirety of the Florida County zoning ordinance in your record. 01:04:53
I assume that's something that we're applying. So just make sure that's included in your record. And then finally. 01:05:01
As an additional matter to bring to your attention, I have a petition signed by 111 signatures in opposition to this request 01:05:06
signs. 01:05:09
Thank you. Thank you. 01:05:14
Some words I heard tonight I think really ring true for for what I'm here to stand in support of. 01:05:23
Which are the words respect and responsibility and that we have folks that are relying on the operation of this farm. 01:05:31
Respect and responsibility includes following rules. 01:05:38
And those rules were established by this Board in 2019. 01:05:42
Your staff report has noted a number of violations. The materials that I'm going to go through with you now include a number of 01:05:46
other violations, and that all matters because your zoning ordinance says and it's in Section 15.14. 01:05:52
That this board has a duty to revoke any conditional use or special exception if such evidence is presented to the board of the 01:05:59
public meeting. That the conditions placed on the approval of the docket have not been met. You've not only heard from staff that 01:06:04
they haven't been met, you've heard tonight from the petitioner that they haven't been met, and you're about to hear now from us 01:06:10
that there are additional conditions that have not been met. 01:06:16
Whether the lead reclamation of two years was unreasonable or not was a decision in 2019 by this board, which could have been 01:06:22
appealed very recently. The Indiana Court of Appeals in a case known as Chapo versus Jefferson County Planning Commission, 224 NE 01:06:28
3rd 971. 01:06:34
They said at page 978 that the opportunity to appeal comes immediately on the heels of the decision and if you don't appeal it, 01:06:40
you've way direct to challenge that. So if the condition of two years of reclamation was unreasonable, it should have been 01:06:47
addressed in 2019, not now in 2024. I understand the evidence we've heard tonight is attempt to say that there's experts that 01:06:54
think that's unreasonable. That time was in 2019, not tonight. 01:07:01
There's no doubt that they have failed to reclaim the lead. 01:07:08
Time period set by this board. They've also failed to take the number of tests in the manner they said they would do and it was 01:07:12
approved by this board. In addition, we have included in our materials the affidavit of Mr. Riley. Now Mr. Riley is here and could 01:07:18
testify to all of these things, but I know that we want to keep matters moving and so we submit his affidavit, which is made under 01:07:24
the penalties of perjury as if he were sworn in oath before. 01:07:31
The court and what that affidavit establishes is a number of violations. 01:07:37
Number one condition #5 requires that your hours of operations for this event include no operations on Monday. 01:07:43
Mr. Riley has witnessed operations at this place on a Monday and I would submit for the board a text message that he had with Mr. 01:07:51
Bobby Brooks on February 21st, 2022 at 12:01 PM, Mr. Riley said. Bobby, I thought your your sporting clay range was supposed to be 01:07:58
closed on Mondays, Mr. Brooks said. It's just me giving a kid a lesson. We're going to be closing the rest of the week with the 01:08:04
weather, so I'm trying to get a couple lessons in today. 01:08:11
Set that for the record. 01:08:18
Not only is Mr. Riley's affidavit show that this text message shows they've operated outside of the hours of operations set by 01:08:24
this board and amended previously by applications, but we can't let them violate and then come back and amend. 01:08:30
Additionally, there's a 300 yard buffer zone that is between Mr. Rileys property line and the closest area shooting. Mr. Riley who 01:08:37
submitted an affidavit as well as Mr. Jordan Kaylin who also submitted an affidavit that are in the materials I've provided. And 01:08:44
just for the record, Mr. Rileys affidavit is that Tab D and Mr. Kaylens is at Tab E. 01:08:51
Both have indicated they've watched them shoot in the buffer zone. Mr. Riley witnessed it himself. Mr. Kalyn witnessed it himself. 01:09:00
Mr. Kalyn also indicates that they would watch at the at the club for Mr. Riley to leave and then would go about shooting. They 01:09:07
shot birds in that area, but your rules clearly say no shooting in that buff Rio. 01:09:14
Next, we've heard a lot already about the failure to reclaim lead. That's condition #12 again, if that condition unreasonable, the 01:09:21
time to appeal that has passed and now we just have to say, did you do it? The evidence is clear they did not they violated your 01:09:27
condition alcohol sales and use. Mr. Kalyn or Mr. Riley's affidavit indicates that in fact there has been alcoholic beverages out 01:09:33
there when they're not adored events. That would be another violation. I mean your your rule. This is condition 14 says only at a 01:09:39
catered. 01:09:45
You can't just bring your own alcohol. You can't supply alcohol in the fridge. They have to have a catered event. I noticed that 01:09:51
when Mr. Kraft talked about alcohol sales, he said that will be subject to the rules and regulations. But again, that's the 01:09:57
problem. You set rules and regulations and they didn't follow them. 01:10:02
And they have no one to blame for that but themselves. Next is excessive decibel levels attached to Mr. Rileys affidavit. And it's 01:10:09
a tab D and then there's a tab one behind that. On May 10th of this year, Mr. Riley took a number of readings and he brought 01:10:15
within his decibel reader. He he, he purchased a decibel reader that's certified for one year. This was the first time he used it. 01:10:21
And when he used that. 01:10:27
He included how much the mile, how much the wind was gusting, which direction it was going. 01:10:34
And the conditions that were out there, and you will see there that the condition says on condition 12, maximum decimal reading of 01:10:39
75 decibel levels at a property line. And you will see all the times he captured that 75 or higher. And there's a number of 01:10:45
violations. So they're not doing what they can to limit the sound coming to Mr. Riley's property. That's a violation of your 01:10:50
conditions. 01:10:56
Next, we have lead shot in the waterways. I'm going to defer to Mr. Janaki to talk a little bit more about the impact that has on 01:11:02
Edwardsville water and the potential water supply. But Mr. Riley and Mr. Kalyn both indicate that they use lead shooting in water 01:11:09
areas. The shot fall area, for example, is an area that floods and that water moves into the other basins and out. There's the 01:11:15
duck hole shooting, which is behind Exhibit K. There's a video there of them shooting into the duck hole, which is a water. 01:11:22
And again, the idea here was to not use lead so. 01:11:29
To your zoning ordinance, we've got to revoke this permit and that's what we're asking you to do. If you don't do that and you 01:11:33
choose to proceed just to look at the exceptions or the expansions that they've asked for, we would ask that you deny those as 01:11:39
well. We've been through the rules under the statute, what those rules are, and you've seen staff support. We agree with staff 01:11:45
support for the most part. I would just note that I do not agree that it is a condition peculiar to the property, for example, to 01:11:51
allow motocross out there. 01:11:56
To allow camping out there, either we need it for gun range or we need it for other uses. There's no reason why we need motocross. 01:12:02
There's no reason why we need additional alcohol sales. There's no reason why we need gun sales. That's not peculiar to the 01:12:08
property. That's peculiar to the business. The Indiana law has been clear that you have to separate the business from the 01:12:14
property. Under Indiana law, something is peculiar to the property if it's the physical characteristics of the property. 01:12:20
We also don't believe that the shooting of of the clay shooting itself would be permitted under that. But we're bound by the same 01:12:27
rules. We should have appealed that decision in 2019. So I'm not saying we're not appealing the shooting anymore. We're asking you 01:12:33
to revoke that on number one. But if this were to come back, we would say there's no reason that shooting needs to happen here 01:12:40
either. But again, we're not attacking that tonight because that was approved in 2019. 01:12:46
I just want to make a point just for the for the rest of the board and those in the audience. 01:12:53
You mentioned a couple of times that your request would be that we revoke the prior approval and we understand that, but for 01:12:59
purposes of tonight's meeting, we're here to consider only the request. What you're asking with regard to revoking would be 01:13:05
something that would be addressed in in a in, in in a subsequent process to tonight. So just want to make sure we're clear. Thank 01:13:11
you, Mr. White. I appreciate that. And I would just note for the record that as I read your zoning ordinance, it says if there is 01:13:17
a notice of violation. 01:13:22
Which they received. 01:13:29
And there's an opportunity to be heard and there is, and that's such hearing evidence is presented, then that's the Board's duty. 01:13:30
And so that's why I'm requesting the Board do that. I understand if the board chooses not to follow us, but all of that also 01:13:35
amounts to the biggest reason why you should not grant any additional expansion, and that is because they haven't followed your 01:13:40
conditions. 01:13:44
You put conditions on it and they have not been good neighbors. 01:13:50
They have not been responsible and they have not been respectful of the rules that were set to. 01:13:53
Technical folks that are up here. 01:13:59
And so the last thing I want to say, this is all in the materials. We agree with staff support, this should be denied. If you move 01:14:02
to that phase, again, we'd ask for revocation, but I understand that's up to the board's discretion and we don't believe it is to 01:14:07
the board's discretion. We think the rule says you have to do it, but I understand what the board is saying. But I would just ask 01:14:12
for those that are here tonight that are standing in opposition of this petition, would you please stand? 01:14:17
Like the record reflect that roughly half of the room is standing in opposition. And I'll defer now to Mr. Janak to discuss 01:14:28
Edwards Hills Waters concerns. 01:14:31
Thank you. Thank you. 01:14:35
Please state your name and address for the record. Sure. 01:14:44
My name is Chris Janak. 01:14:50
I'm with the law firm those McKinney and Evans in Indianapolis, same place as John is. 01:14:52
I've represented Edwardsville Water for about 25 years. 01:14:59
And during that time, Edwardsville has gone from. 01:15:03
Few 1000 customers to up to 5000. 01:15:07
They serve a population of 10,000. 01:15:10
Individuals. 01:15:15
They also provide wholesale water service to. 01:15:17
Several utilities around the area, so they are a not only serving on a retail basis, but they're providing potable water to other 01:15:21
utilities. So they're regional provider in your area. 01:15:26
Now the. 01:15:34
Here's the issue guys. I'm coming straight. The issue here is. 01:15:37
Water supply contamination, and that's what we're worried about. 01:15:41
We were worried about it 19. 01:15:46
We're still, we're even more worried about it today after what's happened over the last five years. And I think you were worried 01:15:50
about it in 19. You put these conditions on there that were clearly designed to protect the water supply and they haven't been 01:15:54
followed. 01:15:59
They just have not been fathered. 01:16:04
Now I understand. I think John covered pretty close pretty well. 01:16:06
Your ordinance says you should revoke it. 01:16:11
Now whether you want to do that today or not, that's up to you. But I think at a minimum if there's grounds for revocation. 01:16:14
In no way should be granted expanded use. We just. We just shouldn't. 01:16:20
Now let's talk about lead contamination for a second. 01:16:26
Over the last five to 10 years, this is a hot button issue. I think you were right to do it. 19. You know, we were coming not too 01:16:31
far off the Flint, MI lead contamination issue and it is widespread that lead contamination is a bad thing. 01:16:37
And we certainly. 01:16:43
Do not want to be Flint. Have a Flint, MI situation here in southern Indiana. 01:16:45
Lead makes people sick. 01:16:51
If it gets in the water, for some reason it's hard to get out. 01:16:53
And you have thousands of people who are relying upon the water. 01:16:57
And if for some reason it gets in the water, it could jeopardize Edwards and those ability to provide service. 01:17:01
What do we do that that that's major harm? 01:17:09
If we want to fix it, let's say we want to fix it. It's very expensive. 01:17:13
To fix it to get it back out. 01:17:18
I will tell you, most likely it's more than what Edwardsville has. 01:17:20
If Edwardsville doesn't have that kind of money to fix it, it's going to come to the county, it's going to come to the state. If 01:17:25
they can't, if you guys don't have the money to fix it or the state doesn't have the money to fix it. 01:17:29
The ratepayers gonna have to cover it. 01:17:35
So the rates. 01:17:37
They're nonprofit rates are going to have to go up. 01:17:38
Now the. 01:17:43
There were few things said factually that I want to cover. 01:17:48
I've given you a map. 01:17:53
There's there's a map in front of you. 01:17:55
It shows if you can, literally Everettsville has wells that are a few 1000 feet away and it has new wells that are hundreds of 01:17:57
feet away. In fact, you can stand on the location of the new well property and see the gun club. It is very close and that is your 01:18:04
future water supply in this area of the county. 01:18:10
The shot area is in a floodplain, there's no doubt about that. It floods. You guys all know the shoe note and it's better than me. 01:18:17
You're down here all the time. It floods. 01:18:20
There was some. 01:18:26
Indication from. 01:18:29
The NRA board member today that somehow. 01:18:31
The NRA and. 01:18:34
Was supportive of. 01:18:37
You know, different time periods for lead reclamation. 01:18:40
And that somehow the EPA's guidelines, the NRA's guidelines, support that. 01:18:44
We've given you a copy of the EPA guidelines, the Best Management practices. 01:18:50
And in Chapter 3 pages, Roman numeral #3-16, it says this. And this is the EPA's best management practices. It says the NRA 01:18:55
recommends a frequency of one to five years for lead cleanup, even on ranges with minimal use. 01:19:03
That's the NRA, and that's the EPA incorporating what they say. And yet the NRA is here telling you something different today. 01:19:11
There were some indication maybe that shotguns that's different and you know that's for we should have a different standard two 01:19:18
paragraphs above. 01:19:22
Where I just quoted in this document says for shotgun, it's referring to shotgun ranges. So within two paragraphs, within a few 01:19:27
sentences, they're saying lead reclamation every once every five years. 01:19:33
Now where that leaves us is. 01:19:40
You've set forth rules. 01:19:42
They aren't being followed and Adam, I think you should revoke it until such time as they can come up with new plans. 01:19:44
A site specific plan, maybe zoning for this area that at a minimum please do not expand this, that that's inappropriate under the 01:19:54
circumstances. And quite frankly, the direction of law across the country is to get rid of potential lead contamination. Let's not 01:19:59
have a Flint, MI. 01:20:05
And yet here we are, allowing a gun range flaunting the rules. 01:20:11
To risk lead contamination that's it's inconsistent with the direction of law across the country and in Indiana. 01:20:17
And for that reason, we'd ask that you deny the request. 01:20:24
Thank you. 01:20:27
Just don't go away, can I ask? 01:20:29
I contacted, I think her name was Miss Young with Curry and associates. 01:20:35
She was not aware of any. 01:20:40
Actual testing you all have done. 01:20:43
Of those wells to know if there's lead there now or was there LED there five years ago. Is that true or do you all take do you all 01:20:45
periodically do lead testing? We do do periodic lead testing and there has been some lead in the wells. I don't know what the 01:20:51
status of whether that your what I don't want to do is tell you exactly what they told you which we did all these pH tests. I 01:20:57
don't know whether. 01:21:03
What the lead shows right now, I do not know that it's very, it's, it's periodic. You have to do it as part of your testing that 01:21:09
you submit to the state. I was just trying to see if there was a baseline that had been established. 01:21:14
About your water company or what it might if it hasn't changed, yeah. 01:21:20
So I just know that when I get my water from Floyd Knobs Water Company. 01:21:26
And pure they, they come to me once a year and asked me to take a sample and I get results of those and lead is one of the things 01:21:31
that they read. So I would assume that you all have some that the company have some lead reading somewhere. 01:21:37
But I was just curious if you knew, had it increased, decreased, had anything changed? 01:21:44
OK, I can't definitively tell you one. 01:21:50
Any other questions? When was the the Future Well site? When was that identified and selected? 01:21:54
We started doing the and it's in the report. We started doing the well testing in 18. 01:22:00
And frankly, we. 01:22:07
We talked about coming here and eight and when this was going through in 19 and 20 and then we. 01:22:10
We found out the rules that you were implementing and thought that would. 01:22:16
Protect the water company quite that's you were doing what we you did what we would have asked you to do anyway. 01:22:20
So we had started before they did this. 01:22:28
We're in the process when we use these wells. It depends. It could be. 01:22:31
Ten years, it could be eight years, it could be 20 years, but we started in 18. We were comfortable with the restrictions you put 01:22:37
on in 19, eight. We thought that protected us. 01:22:42
But we just don't have any confidence right now and now that the expansion and it's. 01:22:48
We, we just. 01:22:55
We do not want this expansion to occur in light of everything that's gone on over the last five years. 01:22:56
Any other questions, Mr. Janott? 01:23:04
The operators here could, is there a possibility he could ask him to come forward and answer the leg question? Is that possible? 01:23:06
When you say the operator, what do you mean? I think the utility operators here if I'm not mistaken. So is there a chance that you 01:23:12
could comment to that and state your name and address? Do you mind him coming up and speaking? OK, thank you. 01:23:19
My name is Christopher Beck. My address is 13110 Sunnybrook Dr. Memphis, IN. 01:23:28
We do lead testing once every three years. Like every water company in the state of Indiana, it's not every year, it's once every 01:23:36
three years. 01:23:39
And we do all around our system. It's not just in our wells. So, so we know what what it is. 01:23:43
Right now. 01:23:51
There's no light in there, but. 01:23:52
That doesn't mean there's not going to be in there in 10 years. 01:23:54
Curious whether you had? We tested like we test pH every day too so we know what the groundwater is too. 01:23:58
And the pH is around 7.4. 01:24:06
Thank you. That's helpful. Thank you, Mr. Bear. 01:24:10
OK. Does the board have any other comments about? 01:24:14
Anything from the opposition? 01:24:17
OK. Seeing none, we're going to close that section of the meeting and we are going to go into the rebuttal phase, which time we're 01:24:20
going to allow the applicant of their representative to speak for 10 minutes instead of five. And I do want to again remind you we 01:24:27
are substantially over time and we still have two other agenda items to get through tonight. So we are going to stick to the 10 01:24:33
minute limit. 01:24:39
And for those folks that are behind us, I apologize, but I think it's important to look at some of the information provided to you 01:24:46
in affidavits because ultimately when we deal with affidavits under the penalties of perjury and we're looking at a standard that 01:24:54
is used by the courts, it's based upon personal knowledge. I think it's interesting that if you look at both the affidavit of Mr. 01:25:01
Riley and likewise the affidavit of Mr. Kalen in, in several instances they indicated as my underst. 01:25:08
Not that they have personal knowledge, but it is my understanding. So ultimately, I think you have to take those matters for what 01:25:17
they're worth, specifically on the alcohol, Mr. Riley said. Is my understanding they have served alcohol within 200 yards of the 01:25:24
range. So again, it's not based upon personal knowledge. He's not seeing that. Likewise, same thing would hold true with regards 01:25:32
to other portions of his affidavit that specifically addressed the fact. It is my understanding same thing would hold true with. 01:25:39
Kailyn Mr. Kalin specifically addresses that he was former employee and ultimately he indicates during that time I became 01:25:46
personally aware of several issues that give me concern for the operation of the sporting club at the farm. 01:25:54
That's the end of the sentence. But then he just merely indicates that he has concerns as to lead shot in the water. And likewise 01:26:02
with regards to two million shots without reclamation, again saying I was told by managers that there were over 2,000,000 rounds 01:26:12
fired. Mr. John specifically addressed the fact of the best practices. I think you have to read that full area in context. 01:26:22
With regards to that page and that page could be found in. 01:26:32
In the best practices with regards to for shotgun ranges and likewise with regards to the amount of shot that would be used. If 01:26:36
you look at 2 lbs per square foot. I think in that instance, if my calculations are correct and I will tell you I'm not a 01:26:42
mathematician, but that would that would require 41 million rounds in order for that to occur. And I think it's important that 01:26:49
that you that you look specifically at that. 01:26:55
As indicated, my clients are desirous of. 01:27:02
Extending this specifically addressing the fact and you just heard the representative from Redwoodsville Water, I'm a customer of 01:27:08
Edwardsville Water, so I'm not going to jeopardize my own health. 01:27:13
But you heard him indicate that there is no lead, and likewise, you heard the representatives from NRA, Mr. Altoona, specifically 01:27:20
addressing the fact of how it's done, as well as how how much into the soil that it goes and what ultimately needs to be done. 01:27:29
I'm going to let at this point, let at this point, Mr. Cray speak to the remaining issues and then I'll close. 01:27:40
Sure. Just to continue on that, those wells we're looking at are a mile away from our our closest station, not even to the 01:27:50
shopfall area and the lead mobility is estimated at two to three inches. So very low risk for that. 01:27:57
We appreciate, we appreciate you all. We appreciate the, the community. We don't want to make this an adversarial type thing. We 01:28:07
want to work together with our neighbors. We've reached out to our neighbors, We've sat and talked with them. We've, we've offered 01:28:14
to have them come out and speak. We, we want to avoid any misinformation or perceived at will or anything like that. 01:28:21
My for me, my my heart is in having as a place for the community. 01:28:30
Right. It's not a big moneymaker, you know, it's, it's for the, it's for the employees and it's for the kids team and it's for the 01:28:36
people that just enjoy doing it. So having a place where people can spend time outdoors. I personally live in a cul-de-sac. I, I 01:28:43
grew up in, in the knobs. And when I moved home, my wife and I, the, the meeting in the middle was halfway between her parents and 01:28:50
my parents. So this area is, is home for me. So taking care of it. 01:28:57
Making sure that we're doing Best Buy it and in treating with respect and having places like this available. 01:29:05
For for into perpetuity is is something that's really. 01:29:12
So in doing so. 01:29:18
Adding some of these items that we're requesting to help make sure that we're continuing business and we're able to, you know, 01:29:20
keep the lights on, profitable where we can and be able to bring in new practices and new. 01:29:27
New new activities for folks in the area is something that we think is is best for all of them. 01:29:36
As indicated, this is again a request for modifications to the original approval. We're here this evening asking that we be 01:29:45
granted those, and specifically if you address those, keeping in mind the numbers that are given as to each item. 01:29:53
And specifically, each particular request, if you would get proper consideration to each of those separately as you go through 01:30:03
your findings, it would be appreciated, especially in light of the staff report on the positives that come out of that. And then 01:30:09
likewise, from the evidence and information you've been provided this evening by Mr. Likens, by Mr. Altoona, by Mr. Craig, we 01:30:15
would ask that you approve the request. Thank you. 01:30:22
Thank you, Mr. Craft. Any questions for them? 01:30:29
OK, I've got 2 real quick please. 01:30:32
Back to the soil testing, how many treatments have you actually done to the area? 01:30:37
So our last treatment was Q3 of last year. We'll have another one in September of this year. 01:30:42
Prior to that. 01:30:48
Yeah. So that was just when we did the as part of our ESP as far as prepping the land. So it was one of the first steps. So we had 01:30:51
a line application at that point monitor and then application was necessary last year and then we'll do 7 feet per hundred, 7 lbs 01:30:58
per 100 feet in September with a premier act. So very consultations with them. So we're working with that. All right. And then the 01:31:05
final question is? 01:31:12
The largest event that you've held this thus far, attendance wise. 01:31:19
Right. So I think weddings which are up to 404 fifty in our event barn is probably the largest events that we've had. 01:31:26
And parking was on site. Yes, Yes, Sir. 01:31:35
OK. 01:31:37
Thank you. 01:31:38
OK. 01:31:40
Thank you folks, and thank you in the audience for your patience this evening. 01:31:42
So we've heard from the applicant, we've heard from those four, those opposed and we've heard the rebuttal. 01:31:47
Any further questions or comments from the board? 01:31:53
Seeing none, do we have a ballot? 01:31:58
Yes, Sir. 01:32:00
Docket FC 04/24/16. 01:32:03
After careful review, the board finds that. 01:32:06
The special exception will be interest to the public health, safety, morals and general welfare of the community because the site 01:32:09
specific considerations such as the presence of wetlands saw acidity, the proximity to the Edwardsville water wells justify 01:32:15
extreme cautions and the consideration of lead and other contaminants to the environment. 01:32:22
The Environmental Stewardship plan provided at the initial approval proposed a number of best management practices to follow, 01:32:29
including regular lead reclamation, regular pH testing and treatment as needed. 01:32:35
Site interventions to prevent lead and water bodies, thus mitigating the risk to the environment. 01:32:43
The conditional approval for the use as a shooting club required following the EPA's best management practices and the ESP 01:32:49
Currently, the applicant is not compliant with these conditions, therefore extending the lead reclamation interval at this time, 01:32:55
proposing threat to the environment and public health. 01:33:01
Further expansion of use that supports further shooting activities while the site is non compliant with the conditions would pose 01:33:07
a greater environmental risk and a potential hazard to Floyd County residents. 01:33:13
Any reduction in the interval of lead reclamation should be based on site specific data including number and weight of lead, 01:33:19
expended soil testing and groundwater testing. The storm water prevention plan and the approved ESP suggests the site would be a 01:33:26
moderate use site, which suggests lead reclamation at three to five year intervals. 01:33:33
The use and value of the area adjacent to the property is subject to special exception. Will be affected in substantial adverse 01:33:41
manner because the property is in non compliance with conditions placed on previous approvals of the use of. 01:33:48
To protect the safety use and values of adjacent property. Expansions of the uses while in non compliance may adversely affect 01:33:54
adjacent properties. Additionally, a modification of boundary and hours of operation will result in additional noise production 01:34:02
and intensity at neighboring residential properties and created greater safety risk for shot leaving the property #3 The need for 01:34:09
a special exception does arise from some conditions for cure to the property. 01:34:17
Because the property has been approved for a special exception for the current. Use the process for amending the and approval. 01:34:25
Special exception. 01:34:33
This through a separate special exception application. 01:34:35
The property is larger than 100 acres with a significant portion and a floodplain and a significant portion of steep slope and 01:34:38
Ridgeland. It also has several large lakes and a number of historic structures. These contribute to both a limitation of potential 01:34:45
uses of the property allowed in an AR zone, but also presents unique opportunities for outdoor recreational oriented activities. 01:34:53
#4 The strict application in terms of Floyd County zoning ordinance will not result in unnecessary hardship in the use of the 01:35:01
property because the property has been approved for the use as a shooting clays club and event host with reasonable conditions. 01:35:07
The applicant is not in compliance with those conditions. The applicant has not proved. 01:35:12
Provide a site specific evidence to justify modification of lead reclamation intervals #5 The approval of the special exception 01:35:19
will not contradict the goals and objectives of the Floyd County Comprehensive Plan. Because the sporting club at the farm 01:35:25
proposed uses or characteristic of supporting the outdoor recreation use of the property in a rural setting and therefore is 01:35:31
consistent with comprehensive plan Primary goal of preserving rural character of the community. Additionally, it will support the 01:35:37
growth of local business. 01:35:43
The Board of Zoning appear. 01:35:50
APPEALS HEREBY DENIES the petitioner SPECIAL EXCEPTION at the meeting held on the 12th of August, 2024. 01:35:52
Approved by the Board subject to completion of the following conditions. 01:35:59
Provide documentation. 01:36:03
Of an executor contract with a well qualified lead reclamation company to reclaim and recycle shock consistent with EPA guidelines 01:36:05
within 30 days. 01:36:10
Provide documentation from the contractor that lead has been reclaimed and removed from the site and properly disposed of within 01:36:15
90 days. 01:36:19
CPM BP 2 for further details to provide an updated ESP with documentation of progress on each of the best management practices 01:36:23
within 60 days. CP/M BP13 for further details #3. 01:36:31
Locate shooting station structures at each shooting location. Rules to be posted each location and orientated to shoot inward and 01:36:41
away from property boundaries. Relate Relocate shooting stations over wetland areas and do not shoot over wetland or any or 01:36:47
anybody of water. 01:36:53
Provide evidence that this has been completed within 30 days. 01:37:00
#4 per P MB P5 measure the soil pH on the. 01:37:05
Cumulative shot ball area. If necessary, take steps towards maintaining the soil pH between 6.5 and 8.5 per EPA for shooting 01:37:10
ranges per Appendix C. At each monitoring period, surf official soil pH measurements should be made at 20 or more locations within 01:37:18
the loop of shooting positions. Immediately take 20 measurements at locations described in Appendix C. 01:37:26
And every three months thereafter for one year, then returned the requirements of the PMVP. 01:37:34
Provide the test results from the testing firm to the building and development services as Saw pH is not within the rent 01:37:40
recommended range. 01:37:44
By EPA followed PMBP 5 to bring salt back into the recommended range. Provide proof that the minute soil meets the EPA range 01:37:49
within 90 days of the treatment. 01:37:54
#5 failure meet the competitions will initiate a $50 per day fine and didn't discontinuation of lead shot at the facility until 01:37:59
the conditions are met. That completes my ballot. 01:38:05
OK, we have a ballot. Do we have a second? 01:38:11
Please my only comment is you are denying so you wouldn't have conditions but you could direct Nick to send a violation in line 01:38:16
with the prior conditions and getting those into compliance. That's that. I want to second it but that is what I. 01:38:23
I feel like that they would, yeah, they would be conditions. They would just be you guys asking. You'd be doing the denial on the 01:38:31
ballot piece, but then asking Nick to follow up with written violation outlining those. Yeah. The only thing I wanted to say was I 01:38:38
wanted to just put a condition on her that that because some of those conditions may be. 01:38:44
Unattainable. OK and something in 30 days or whatever, but. 01:38:51
Up to agreeable by Nick is what I'm saying. In other words, you've wrote down 30 days in there and maybe they can't, they can't 01:38:55
get somebody in 30 days, so they can't accomplish it in 90 days. I don't want to put. 01:39:00
Comment. 01:39:07
I think that's certainly something that you could. 01:39:09
Request of me to yes from them to demonstrate compliance with the existing condition yes and then let Nick Nick has the authority 01:39:12
under the rules to to work with them on the time period and then come back to you I mean I think Larry did a good job but I think 01:39:17
we. 01:39:22
You know, it's putting times timelines that we don't know are realistic is what I'm saying. So I second it. 01:39:28
Second it without conditions, though as I took I struck out the conditions. 01:39:35
But what would I do with the? 01:39:40
The five other things, Do I leave them on here? 01:39:43
As far as what you're wanting them to do? 01:39:46
It's I think she's saying simpler just put in there that to let Nick you'd be denying the application and then directing Nick to 01:39:48
send out here about direct Nick to. 01:39:53
Follow up on the yeah. And I would do my kind of two separate things. You've got the the issue of the application itself denying 01:39:58
that is what your ballot is. And then secondly, asking the board to vote and make an emotion to allow Nick to move forward with 01:40:05
additional violation notices in line with your your parameters that you've set out and trying to accomplish those within the prior 01:40:11
conditions. So in lieu of those, I'm going to ask that we restate the the ballot on. 01:40:18
Well, the ballots just going to end with the Board of zoning here back denies the petitioners special exception held a meeting on 01:40:25
12th of August 2024. I dropped the five conditions at this time then we can we'll move forward with those five. 01:40:33
So we have a ballot, Yes. Now do we have to say? 01:40:42
You have a second yes. 01:40:46
Any other questions or? 01:40:48
Comments. 01:40:50
Seeing none, all those in favor signify by saying aye aye. Any opposed. 01:40:52
Motion passes OK, so I want to make a motion. 01:40:58
That my. 01:41:01
Previously read 5 Conditions are followed up on by Nick. 01:41:03
Based on the previous approvals. 01:41:09
And basically just for clarification, you're asking Nick to look into the additional violations and getting those into compliance 01:41:14
and and coming back before this board if they're not in compliance? Yes, ma'am. 01:41:18
Are you OK that Nick? 01:41:24
Sorry, Nick. 01:41:28
I didn't catch all the timeline and everything, all the details of that. 01:41:30
I did hear a $50 fine, which I don't believe that we will be able to. 01:41:35
If they are either. 01:41:42
Moving towards compliance or not? 01:41:45
If they are not, we can bring it back for a week. Let me let's drop the thing. It says $50 fine and I'll drop the part about lead 01:41:47
until we get a report back from Nick. 01:41:52
OK. 01:41:59
So read What are we voting on something? 01:42:01
I think Mr. People, Hustler is bringing a motion and I'll let him kind of reframe it if he would like to, but to have Nick send 01:42:04
out additional violation notice of all the items that are currently in violation and working with the property owner to get the 01:42:09
property into compliance. 01:42:15
That's what I would like to do. 01:42:22
OK. 01:42:25
Short bandwidth inquiry just and again, this goes to what Miss Fox indicating what was Unruh indicated as far as the timing and 01:42:26
the elements. Some of these items may be as far as six months out. And so I'm going to let I'm willing to let Nick negotiate with 01:42:32
your people some reasonable time frame and and I just want to make sure for that because you place those time limitations in there 01:42:39
that. 01:42:46
Yeah, he, yeah, I think he erased those. I'm willing to let them be negotiated. 01:42:52
And our rules allow for Mr. Creed, but. 01:43:00
I want something done in a reasonable amount of time. I just I don't want this going on for two more years. 01:43:04
Understand. 01:43:10
So you've got a motion. You'll have to vote on that. I'll second it. Any other questions or clarifications? 01:43:12
Seeing none all those in favor signify by saying aye. Any opposed like sign. 01:43:21
Thank you. That motion passes. Nick, would you let Mr. I Camper know he could return and. 01:43:27
We have, instead of moving directly to #2 we're going to pause for a minute or two while those of you that may have been here for 01:43:35
agenda item one have time to leave if you'd like, and then we'll address item number 2. 01:43:40
Yeah, I'm sorry. We would have went over that ahead of time. 01:43:48
Ahead of time. 01:43:54
It's fine. It's fine. Thank you. 01:44:20
It is always. 01:44:42
Well, I mean, I asked a question. It's only from the first Speaking of opposition, stand to say record and they come up. It's 01:44:47
generally they're not. 01:44:58
Going to be approved. 01:45:10
They said. 01:45:16
20 Five people were able to stand up, but some people. 01:45:20
Again, Mr. Johnny spoke and then everybody there was given another opportunity for emails in opposition to come up. 01:45:38
I'm not gonna argue with you. There's a process. There was an opportunity for anybody in opposition to stand up and speak, Sir. 01:45:45
There was an opportunity for the opposition speaker. 01:45:54
Welcome back. 01:47:00
Whoa. 01:47:11
Ah. 01:47:13
All right. Sorry about that. We had to go. 01:47:18
Ladies and gentlemen, I'd like to call us back to order. So if any of you would like to continue speaking at Asset, you kindly 01:47:33
step outside of the hallway. 01:47:37
We are way overtime and we're going to jump into item number two. So the next item on our agenda this evening is FC-06-24-29. It 01:47:41
is a special exception request and Nick is going to give a staff report. 01:47:49
And Mr. President, we do need to deal with the minutes at the end. I'll make a note that we go back to signature. 01:47:59
On those you approve them, but I need a signature. 01:48:03
Are they not here? 01:48:07
That should be. I'll go grab one. 01:48:09
All right, this is item FC 062429. The petitioner here is James Sprigler. The location is at 5159 Scottsville Rd. 01:48:15
The request is for a special exception with the use variance for a custom cabinetry business in a rural residential zone. The 01:48:25
applicant is requesting the special exception to operate the custom cabinetry business at the above reference property. The 01:48:32
property has been used for the business for 12 years without approval. A complaint form was received of business operation 01:48:40
operations at this property and then fumes. A notice of violation was sent to the property owner after. 01:48:47
Actually confirmed operation of a furniture of a furniture and related product manufacturing business. 01:48:55
Approval The owner was directed to submit an application for special exception in addition the to the cabinetry operation. The 01:49:02
property has a legal non conforming. Use as a concrete business A concrete business run by Bob Sprigler has operated there for 01:49:12
over 15 years and is a grandfather of use. The cabinetry business, however, operates out of an existing garage currently, but has. 01:49:22
Move to a new 50 by 80 foot detached garage pole barn to be located at the rear of the property. There is a porta potti on site 01:49:32
that is service biweekly. 01:49:38
Besides the owner, there is one other employee, the use of the custom cabinetry. The use of custom cabinetry manufacturer is not 01:49:45
described in the zoning ordinance specifically, but it's similar to a specialty trade workshop, which is a conditional use of that 01:49:52
in the zoning ordinance. And they're all residential zones, may also be categorized as a small scale wood product manufacturer, 01:49:59
which is conditional use in agricultural residential zones. 01:50:07
Adjacent Properties The property is encompassed to the north and West of the subdivision. Sprinkler Estates containing 8 adjoining 01:50:15
single family residents to the property. To the South is a large farm. To the east across the street on Scottsville Rd. is a 01:50:21
single family residence. 01:50:27
Zoning for the entire area is rural residential with a mix of small lots and larger farms more similar to agricultural residential 01:50:33
districts. 01:50:38
There was. 01:50:43
Inspections by item, both soil and air or solid waste and air. 01:50:46
Have received the results of the inspection. I'm going to provide you those now. 01:50:52
I'll give you a second to to look those over, but the the results of both the air and soil solid waste testing was no violations 01:51:21
observed. 01:51:26
Dear did not warrant additional item permit at this time. The inspector estimated that the highest potential emissions were below 01:51:33
the limits for which an air permit would be required. 01:51:40
And then for the solid waste, no violations were reported at the time. 01:51:49
The property is in compliance no person which states. 01:51:56
In compliance with 329 IAC 1042, which states no person shall cause or allow storage, contaminant, processing or disposal of a 01:52:01
solid waste in the manner which creates a threat to human health. 01:52:07
Or the environment which an environment, including the creating a fire hazard, vector attraction, air or water pollution, or other 01:52:13
contaminants. 01:52:18
Staff findings for this request are that the special exception will not be injured to the public health, safety, morals and 01:52:29
general welfare of the community. 01:52:34
The business does not generate excessive traffic and is not used as a retail establishment. The manufacturing of cabinets does not 01:52:39
create physical hazards that will leave the property. 01:52:44
Equipment will be used and restored indoors. Chemical used are to be water soluble and must comply with the identities. 01:52:50
The use and value of the area adjacent to the property, subject to the special exception, will not be affected in a substantially 01:53:00
adverse manner. A small concrete business is operated on the site for decades with no significant impact to neighboring 01:53:04
properties. 01:53:09
In this business is likewise operated for over a decade. 01:53:15
With no significant impacts to the use and value of the adjacent properties, the use does not generate unusual or excessive 01:53:18
traffic, moves or lights. The proposed structure is similar to other pole gardens in the area and the property will still have a 01:53:24
primary use as a residence. 01:53:29
The need for the special exception does arise from the some condition peculiar to the property involved. 01:53:35
The property is roughly 3 acre rural residential site with residents and a grandfather. Non conforming use as a concrete company 01:53:42
that has operated there for over 50 years. Property is not in the subdivision. Has direct access to a major collector classified 01:53:48
roadway. The uses. The use at this scale is similar to a specialty trade workshop which is an allowable conditional use for rural 01:53:54
residential properties. 01:54:00
The strict application of the terms of the Phoning Floyd County Zoning ordinance will result in unnecessary hardship and the use 01:54:08
of the property. The proposed use is relatively low impact. It is similar to allowed conditional uses in the district. The 01:54:14
property will remain primarily residential with a home on site. 01:54:20
The approval of this special exception will not contradict the goals and objectives of Employee County Comprehensive Plan. 01:54:26
The approval will support local business but will not significantly alter the role character of the area. 01:54:33
Staff recommendations would be. 01:54:40
Permanent bathroom facility required for employees to be approved by the health department. No outdoor porta pots. 01:54:43
Any store outside storage of materials must be fully screened by fence or wall. 01:54:52
Drive in Parking spaces must be paved. No signage is permitted. 01:54:58
Screen the workshop from adjoining residential properties following at minimal employee county zoning ordinance 5.09 buffer yard 01:55:04
standards 1. 01:55:09
Which is additional 5 feet of set back. 01:55:14
And one deciduous canopy tree every 15 feet or one Evergreen tree every 12 feet, a minimum of 6 feet in height at planting. I 01:55:19
would recommend the use of evergreens and hours of operations to be limited. Monday through Saturday, 8:00 AM to 8:00. 01:55:27
That's OK, Mr. Craving. Who asked for this inspection? Did our office ask for it or no? A neighbor filed a complaint. That's what 01:55:37
I was wondering. 01:55:44
Thank you very much. Any other questions I got one. 01:55:51
The when they did their inspection, you have any idea whether he was at the operation at that time was the cabinet shopping 01:55:55
operation? 01:55:59
The site has been in operation and was an operation. 01:56:06
I don't know if it was operating that day and I believe Mr. 01:56:09
The reports indicated that Mister Springer was there. 01:56:16
On site OK. 01:56:19
Show the inspectors around. OK. All right. Thank you. 01:56:22
Any other questions for Nick? 01:56:26
The the nick, the new garage that's being the building is being built, is that already? 01:56:29
Permitted The building has not been permitted by us. It has gotten site approval from the health department. 01:56:33
We we flagged it to hold the approval until this was. 01:56:41
Sorted out. 01:56:46
OK. Thank you. 01:56:48
Any other questions? 01:56:49
OK, thank you. Is the applicant here or the representative? 01:56:52
If so, please come forward and state your name and address for the record. 01:56:57
Hi, my name is James Sprigler, 5002 Lakeview Drive. 01:57:02
Mr. Tell us anything you think we need to know in support of this application. 01:57:09
No, I just. 01:57:16
You know, been there for so long, I grew up there as well. 01:57:17
And so, you know, I'm just trying to take after her father there and I started maybe my own little little business and. 01:57:22
Try to comply with everything that you know that I can or. 01:57:31
And that's about it. I'm just. 01:57:38
I'm just looking to try to proceed to make a living and. 01:57:41
Provide. 01:57:46
Anybody have any questions? Is this your primary business? I mean this is your only income? 01:57:48
OK. 01:57:56
Anybody else have any questions and how many employees do you have and do you in? 01:57:58
Tend to with a larger building doing more, increasing or getting more employees. I have one employee. I do have some. 01:58:03
Family that does help. 01:58:15
Occasionally and. 01:58:16
Whatnot, but no. I plan on staying small and. 01:58:18
I just need more space just as far as in. 01:58:22
Capacity, not capacity, but just the room for for operations. 01:58:27
I got another question. And then you do your own painting, is that correct? You'll do your own painting and you'll have some kind 01:58:32
of recovery system, exhaust system as far as? 01:58:37
Recovering or not letting that go out into the atmosphere? Yes, correct. And and you will have to do you have one now or you have 01:58:43
to buy one? 01:58:47
You have one now. OK. All right. Thank you. 01:58:52
Any other questions for Mr. Screwing? 01:58:56
OK. Thank you, Mr. Springer. We appreciate it. Thank you. 01:59:01
That's good. OK, We've heard from the applicant. We're going to close that section of the meeting. We went to those who might be 01:59:04
here this evening in favor of the request. Does anyone here that would like to speak in favor of this request, please come 01:59:09
forward, state your name and address for the record 30 seconds. 01:59:15
Yes, my name is Brenda Sprigler. I'm at 3835 Dogwood Rd. Lloyds Knobs I. 01:59:22
Own the adjacent farm. 01:59:29
To Mr. Sprinkler's property and for the records, we do not have a problem with it. 01:59:32
We also own 4 lots back in our subdivision, so we don't have a problem with it. 01:59:39
He does excellent work. Nobody's even known he was there before. 01:59:46
One of the neighbors complained. 01:59:51
That's it. Any questions for me? 01:59:53
Thank you. 01:59:56
OK, is there anyone else here this evening that would like to come forward and speak in favor of this request? 01:59:59
Please come forward, state your name and address for the records. 02:00:04
Hi, my name is Evan Marks. I live at 12002 Rustburg Court in Louisville, KY. 02:00:08
I had the pleasure of knowing James and Christine for four years now. I am actually a Carpenter by trade. I own other and 02:00:14
woodworking and I sometimes moonlight in the shop. I got tired of doing production work for a while and I met James on a job site 02:00:23
and he took me into teach me just cabinet building in general, general finishing just a better practice of doing what I do. 02:00:32
And in the time that I've been there, he's been nothing but an upstanding member of the community and an upstanding man to begin 02:00:41
with. Period. 02:00:45
He is a man that will do anything for anybody, no matter what you ask him, no matter what time, if he can provide it, he will do 02:00:50
it for you. He gives back to the community in any way that he possibly can. We just recently did some church benches for the local 02:00:58
church. They came out fantastic and those were a project that we actually fit in when we really did not have time. But he would 02:01:05
not say no because it was for the community. We've done a lot of different projects and different kitchens in the. 02:01:13
But in the 12 years that he's been there, you would have never even known he was there. He's a very quiet man and he doesn't 02:01:21
really put himself out in a position where he is seen by the public. But in total he is an absolutely fantastic person and I don't 02:01:28
feel that there's any reason that anybody should try to take his means of supporting his family and his life. 02:01:35
Thank you. Thank you, Sir. 02:01:44
Is there anyone else that would like to come forward and speak in favor of this request this evening? 02:01:47
Please state your name and address for the record. 02:01:59
Lee Peterson 4011 Kendall Court. 02:02:01
I've known James for. 02:02:06
Over 25 years. 02:02:08
I I took him in a long time ago. I caught him. He's doing now. 02:02:10
And now he in return. 02:02:15
Has hired me. 02:02:20
So I am I am his employee. 02:02:21
He's as honest as they come. 02:02:24
He doesn't lie. 02:02:27
He fights to keep his word. 02:02:30
There is not a nicer guy I know. 02:02:33
So I love him. 02:02:36
And I hope you all see that too. 02:02:38
Thank you. 02:02:42
Is there anyone else would like to come forward and speak? 02:02:45
Please state your name and address for the record. 02:02:50
Some of us know you already. 02:02:54
Dead. 02:02:57
I've been there for 59 years. I bought the property in 65. 02:02:58
It was in my grandma's property. 02:03:03
I got 3.17 acres. 02:03:06
James got my garage, he gets his drop building, I get my garage back. 02:03:09
And I have a place to put my car in the garage. 02:03:16
That's all I got to say, and I love you to death. 02:03:19
Thank you, Sir. Is there anyone else Please come forward and state your name and address for the record. 02:03:25
My name is Don Daley, 4122 Andrew Dr. Floyd Snobs. 02:03:34
And support the. 02:03:39
Comments been been hearing it's that James is probably the nicest person I've ever met. He did some custom work for me which was 02:03:41
perfect. 02:03:45
But besides that, he is a value to the community in the way that he supports. 02:03:50
Will help anybody. 02:03:56
He's helped me on various patients without asking. He's always there, he's always kind. 02:03:58
He follows through on what he says and I think that's the biggest thing he follows through. 02:04:05
So thank you very much. Thank you, Sir. 02:04:10
Is there anyone else that would like to come forward and speak in favor of this? 02:04:15
Applicant this evening. 02:04:18
Seeing none, we will close that section and we'll move to those who may be in opposition. 02:04:24
Yeah, it's got a ladder. 02:04:30
I added a letter to you All's packets submitted by Jason Hollis Sprigler. 02:04:34
On Wednesday, August 7th. 02:04:41
In opposition to this request. 02:04:44
I will not go through the entire letter for other people's sake of time, but I will notice a couple of the items, he noted. 02:04:48
He was concerned about the business using chemical sprayed Underwood with the exhaust fan pointed towards his property. 02:04:57
And said that his fiance and youngest son had suffered from unexplained nosebleeds for the last eight years, which he believes are 02:05:07
a result of those toxic fumes. 02:05:11
The business also has an exterior portable toilet facility from A1 Port, a potty in a commercial dumpster from Remke. They say 02:05:17
that he says that this creates a lot of undue noise as well as foul smells that are present when the portable toilet is being 02:05:25
serviced on a weekly basis, and he knows that he believes there is two to three employees. 02:05:33
And that the. 02:05:42
Business should be located in an area zoned industrial or manufacturing. 02:05:44
The rest of that was in your document, so I won't go through all the rest of the. 02:05:50
Right, those items from where? 02:05:54
Thank you, Nick. 02:05:57
Anyone else here this evening that would like to speak in opposition? 02:05:59
Of this request, please come forward, state your name and address for the record. 02:06:03
My name is Kirk Schaefer, I live at 3817 Dogwood Rd. 02:06:09
And I'm here to oppose the building and. 02:06:14
Cabinetry he's wanting to put in. 02:06:18
James, I don't know him, never met him until we had the meeting tabled last time. 02:06:21
You just heard from four people. They got up here and spoke highly of him, which he may be the greatest thing since sliced bread, 02:06:27
but that's not why we're here. We're here to we for the variance. 02:06:34
This is a residential neighborhood. 02:06:42
I know the building is proposing. 02:06:45
Is again back up against three or four neighbors houses. I just want to explain it. 02:06:47
Residential neighborhood. 02:06:53
James doesn't reside at that location. He told you where he lived. Things that nature, we understand a person trying to better 02:06:56
themselves, to grow a business, but this is what industrial parks are for. 02:07:02
They have the facilities in place. 02:07:11
To support commercial business. 02:07:13
Isolates them from residential neighborhoods. 02:07:15
As you can see from the crowd, we've got quite a few people, some for it, quite a few people against it. 02:07:19
Many of the residents of Dogwood have came to voice their objection to the structure and operate the cabinet business on 02:07:25
residential property. 02:07:29
I have a petition here. 02:07:34
At signed affidavit. 02:07:35
With 41 signature signatures on it from 27 households. 02:07:38
I have two more households who oppose it. 02:07:43
But they didn't sign the affidavit, so I'd like to hand this to you. Sure. 02:07:46
OK. Thank you, Sir. 02:07:52
Nick brought up some of the things that I've kind of, you know, want to talk about wood varnishes stored on the property. 02:08:01
Including stains and varnishes is our understanding at this time. These finishes our water based and non-toxic toxic. 02:08:10
Since to our knowledge there's no running water to the existing or proposed building, how our cleanup is gonna be performed? What 02:08:18
happens to the polluted water after cleanup? Is there any effect on the groundwater in the area? This land slopes down The ponds 02:08:27
in the area. Does at this time indicate there were or later might be toxic chemicals in use? 02:08:36
Since this is a cabinet business, there's wood and wood products stored on the location. 02:08:46
Wood is flammable. 02:08:51
What type of fire suppression system is required when storing this type of flammable material? 02:08:53
Is fire suppression systems required for a building of the size 4000 square feet? 02:09:00
In the state of Indiana, I never really could find an answer on that. So somebody can. It's 12,000 square feet, 12,000 square 02:09:06
feet. Alright, thank you. 02:09:11
The noise level. 02:09:18
Of a typical table saw is around 100 decibels. 02:09:20
Some neighbors that live close in here. 02:09:25
The salts. 02:09:29
Now that's in a concrete building, which is a fairly good noise insulator. 02:09:30
We are concerned that the noise level could be unbearable in backyards when the company moves into the new steel building. Steel 02:09:36
does not absorb sound but will re vibrate it. 02:09:42
The tenant location of the building is 15 to 30 feet from the property of three to four houses. So when you lookout your kitchen 02:09:48
window. 02:09:52
There's a big 50 by 80 building staring in your face. 02:09:57
While the porta potty. 02:10:04
You know, he talked, Nick talked about a little bit. 02:10:05
In the initial design of the building, there was number restrooms. 02:10:09
In the building. 02:10:13
An initial cost. 02:10:14
At all so with a building. 02:10:16
Have to have a sewer system. 02:10:19
Run Waterlack down to it because I know he can't run. There's a building that says you just can't run it into the septic tank that 02:10:22
Bob has which. 02:10:26
Assuming. 02:10:31
That's what he's doing now. I can't, don't. No effort. Sure, but how else is he getting rid of all the chemicals, things of that 02:10:33
nature? 02:10:36
Mr. Springer states that all function of the business are contained within existing structure which. 02:10:45
Verified there are several trucks and trailers located on the property and there's no way to determine which are owned slash used 02:10:50
by the concrete business as opposed to the cabinet business. 02:10:56
Well, the business has been operating for 12 years. 02:11:02
We were not aware the business was not in compliance with the zoning requirements. 02:11:05
Being in violation of the zoning standards should not factor into. 02:11:11
Granting this variance. 02:11:15
With the proposed expansion of the business, 58. 02:11:18
50 by 80 steel building. We're concerned there will be additional foot traffic directly behind residential property. 02:11:22
What guarantees can we made that that will not be? 02:11:30
There's no indication of the hours. 02:11:36
Operation, you know, Nix it 8:00 to 8:00. 02:11:38
But he hadn't said for sure. 02:11:41
We also believe the construction of a commercially operated facility directly behind residential property will have detrimental 02:11:44
effect on property values and quality of life. 02:11:49
And since then, he's answered. 02:11:57
There was number original on the quotes about barriers, trees or anything. Since then that has been answered. 02:11:59
But we're also wondering. 02:12:07
How many Converse commercial variances have been granted in the Floyd Knobs area? 02:12:09
This is not a common practice. 02:12:17
Last start now. 02:12:20
And my last question. 02:12:23
As board members. 02:12:26
If this building backed up to your property. 02:12:28
Would you want to have it right behind your house? 02:12:32
It's a lie. Thank you. Thank you, Mr. Schaefer. 02:12:38
Is there anyone else would like to come forward? 02:12:42
Please state your name and address. For the record, Sir, I'm Mark Greenwood. I live at 3803 Dogwood Rd. in Floyd's Knobs, Indiana. 02:12:44
Well, there's not been formal complaints issued about the business. We have had concerns for years, but we've been trying to be 02:12:54
good neighbors and not complain about some of those issues. 02:13:01
The main thing that's bothered us is the porta potties been visible to our backyard for the past 10 years, so we've put up with 02:13:09
that. Next to the porta potty is some old steel drums. 02:13:16
And one of the labels on there says it's clean strip Ultra J3. 02:13:24
Apparently this is something used for the concrete business. 02:13:29
But it says that it requires a solvent degreaser to clean up. So we're concerned that there are chemicals stored there, even if 02:13:33
it's not for the. 02:13:38
Cabinet Business. 02:13:45
The other thing is James does not live in that subdivision or in that area. He lives on his drive so he can come to work and work 02:13:47
all day and go home to his quiet subdivision on Lakeview. And when we go out on our decks and build this building, we'll have a 02:13:55
view of 4000 square foot manufacturing facility 15 feet beyond our property. 02:14:03
So that's our concern. 02:14:12
Thank you. 02:14:16
Is there anyone else here that would like to come forward and speak in opposition this evening? 02:14:17
I'm sorry to see you, ma'am. State your name and address for the right place. 02:14:22
And we live directly behind, adjacent to the facility. 02:14:33
And I am really sorry this had to happen between us as neighbors. 02:14:38
I really need that. You don't know how much this is bothering me. 02:14:42
But it has this cream. We gotta look at us. Oh, come on. I'm gonna talk to them. We understand. 02:14:46
I, Mark and I supported James. 02:14:55
He knows that. 02:14:59
Anybody that really knows this knows that. 02:15:01
But on the other hand, we have 8 grandchildren. 02:15:03
I take him outside in the backyard. 02:15:06
I'm concerned. 02:15:10
OK. I want it to be quiet, peaceful environment. I want it to be safe. 02:15:12
I want to be the community that I we bought our house in. I can't look back. 02:15:19
38 years ago. 02:15:25
And yes. 02:15:27
We will still support James as it goes through. I am very adamant against it in that 15 feet from a really serious. 02:15:29
15 feet from the corner of my backyard is going to be a 4000 square foot building. 02:15:39
How would you feel if your grandchildren were out there? 02:15:45
How would you feel if you saw these chemicals of porta potty? How would you feel if you never complained and really were trying to 02:15:49
just be a good neighbor? 02:15:52
And then it bites you. 02:15:57
How would you feel if that were your family? 02:16:00
They didn't even say we're going to move it on the other side of town. 02:16:04
No, we're going to leave it right here, 15 feet from you so you can see it. 02:16:07
So when you send on your deck or you go out on your pool or you take your grandkids out back, by the way, I like my grandkids 02:16:12
that. 02:16:15
It's going to be there and James can go home. 02:16:20
But I can't. 02:16:24
That is my home. 02:16:25
And when you look at that petition. 02:16:27
If you look at the number of petition snakes on that petition. 02:16:30
Seven out of the 8 adjacent homes that border that track. 02:16:35
Have signed the petition against this. 02:16:41
It's numbers, people. 02:16:44
Then you have 29 out of 38 homes on that road that have signed that petition. 02:16:46
Nobody wanted it to come to this. I didn't. 02:16:52
But facts are facts. 80% of the people are opposed. 02:16:56
Look at the numbers. 02:17:02
Thank you, Miss Greenwood. 02:17:04
Your time up. 02:17:08
OK, folks. 02:17:10
Again, I apologize for the length of this evening's meeting, but I do think the Board understands the position of those of you 02:17:11
that are in opposition. We are going to close that section of the meeting now and we are going to go now to chance for Mr. 02:17:17
Sprigler. If you'd like to come back up, you have up to 5 minutes to come and respond. And if not, we can move on. It's your 02:17:22
decision. 02:17:27
Can you put questions for you? We do have some questions for you, Mr. Springer, so please come forward. 02:17:35
I was just gonna have him say it on the record that he had nothing for. 02:17:40
Yes, Hey, I got a question for you. I. 02:17:45
Is there a possibility? 02:17:49
That you can put that building on the opposite property line. 02:17:52
Not directly behind the house, your mom and dad's house, but. 02:17:56
Adjacent to Brenda Sprinklers. 02:18:02
Put it on that side. It's kind of a quite a ravine, but there's no way you could. It's not it's not buildable. You'll think I 02:18:05
don't think so. OK, I would, I would like, I'd like for you to consider that, you know, just to get it away from that subdivision 02:18:10
if it's possible. 02:18:15
If it's not possible. 02:18:20
Then I know that. 02:18:22
Arborvitaes. 02:18:26
If you buy them big enough. 02:18:27
They will do a good job of screening. They'll grow together and and it's it's a hedge forever and you can't see through it. It 02:18:29
does block out noise and you can't walk through, that's for sure. 02:18:35
So I'd like for you to consider. 02:18:41
It's going to cost you a little bit of money because they're more expensive, but if you put a little bitty, you know, four or five 02:18:44
footer. 02:18:48
I'll be dead and gone by time it could. It completes what I want to accomplish. So you know, would you be willing to put something 02:18:52
like maybe an 8 or 10 foot tall arborvitaes to block any, any screening along those property lines? I think if you did that, I 02:18:58
would like for you to first look at if there's any possible way to put it on the other property line. I didn't, I got to apologize 02:19:05
to you when Larry and I went out there, we did not. 02:19:11
We didn't look at that from Build from Constructability, but. 02:19:17
You obviously you got enough. 02:19:22
Experience it in here someplace that can help you with that if it's feasible. So those are my just to, to request so and then I 02:19:24
think in the, in the EPA report it said that you do have a filter system that's proper and adequate, correct to to collect any 02:19:32
fumes that go outside, correct. Yes, I saw that and saw that EPA approved. So anybody's worrying about that. I think that pretty 02:19:39
well takes care of that. What do you do with leftover varnish paint and things of that nature? 02:19:47
How do you dispose? It's just waterborne, so it's non-toxic. OK, all right, so you don't use any any old base that type of stuff. 02:19:54
No, you answer that question. Okay, that's I'm done. Anybody else any other questions for Mr. Strigo? 02:20:01
Mr. Sprigler said you had nothing else to add. No thank you. 02:20:11
Thank you, Sir. We appreciate you. 02:20:15
OK, so. 02:20:18
We've heard from those in attendance this evening, from the applicant, those four, those against and Mr. Strigler had nothing else 02:20:20
to add and we have noted that on the record. 02:20:24
And he he answered Mr. under his questions. Is there any other questions or concerns from the board before we? 02:20:29
Do we have a ballot? 02:20:36
Docket FC06-24-29. After careful review, the Board finds that the special exception will not be interest to the public health, 02:20:38
safety, morals and general welfare of the community because the business does not generate excessive traffic and it's not used as 02:20:44
a retail establishment. 02:20:50
And manufacturing of cameras does not create physical hazard that will leave the property. Equipment will be used and stored 02:20:56
indoors. Chemicals used are to be water soluble and must comply with the IDEM standards #2. The use and the value of the area 02:21:02
adjacent to the proper property, subject to special exception will not be affected in substantial adverse manner. Because a small 02:21:08
concrete business has operated at the site for decades with no significant impact through neighboring properties in this business 02:21:14
has likewise. 02:21:20
Operate for over a decade with no significant impacts to the use or value of adjacent properties. 02:21:26
Use does not generate unusual and excessive traffic, noise or light. The proposed structure is similar to other pole barns in the 02:21:32
area. 02:21:35
The property will still have the primary use as a residence. 02:21:40
#3 The need for the physical exception does arise from some condition peculiar to the property involved because the property is a 02:21:44
roughly 3 acre rural residential site with a residence and a grandfather non conforming use as a concrete company that is operated 02:21:50
there for over 50 years. 02:21:56
Property is not in a subdivision and has a direct access to a major collector classified roadway. 02:22:02
The use is most similar to especially trade workshop, which is an allowable condition used for rural residential properties. 02:22:09
#4 the strict application the terms of Floyd County certain zoning ordinance will result in unnecessary hardships and use the 02:22:17
property because the proposed use is a relatively low impact and is similarly. 02:22:23
To allow conditional uses in the district. 02:22:30
#5 The approval. The special exception will not contradict the goals and objectives of the Floyd County Comprehensive Plan because 02:22:34
the approval will support local small businesses but not significantly alter the character of their area. The Board Zoning hereby 02:22:41
grants the petitioner Special Exception at the meeting on the 12th of August, 2024. 02:22:47
Approval by the Board subject to completion the following conditions. A permanent bathroom facility is required for employees and 02:22:55
requires health department approval. 02:22:58
#2 Any outside storage room materials must be fully screened by fence or wall #3 Driving parking spaces must be paved. 02:23:03
#4 No signage is permitted #5 Screen the workshop from adjoining residential properties filing FC 05.09. 02:23:11
Buffer yard one standard. 02:23:20
Number six hours of operation is limited to Monday through Friday from 8:00 to 6:00 PM. 02:23:23
#7 Serious consideration shall be given to moving the building to the southeast property line and behind the septic system that 02:23:29
completes my ballot. 02:23:33
OK, we have a ballot. Do we have a second? 02:23:38
I'll 2nd. 02:23:42
We have a ballot and a second. Any questions or comments from the board? Yes, I think this ought to be for the applicant only. 02:23:44
And you know no other I don't want to see. 02:23:51
Him selling his business or and? 02:23:55
I am concerned with that. 02:23:58
And I am concerned with how many employees, I mean, he's now got one and I'd hate for it to become a larger business, you know, 02:24:00
two or three employees I don't have a problem with. But if he's got a lot larger building coming in here. 02:24:08
And I don't want to see it having several employees there, more traffic and more going on. I'd like to see it limited, say, two to 02:24:17
three employees, including the applicant. 02:24:23
In addition. 02:24:30
He's got one now, so. 02:24:33
I have no problem with this social exception being limited to the applicant. 02:24:41
Yes. So let me ask a question, guy. 02:24:46
If he if he would grow and he needs to get more employees, you have to come back in and ask for permission, right? OK. 02:24:50
I don't want a place just suddenly ballooning out. Yeah, I got you. I agree. Good catch. 02:24:58
It's a family type business now and I want to see it not to expand much more on that. 02:25:03
And then I've got a comment. 02:25:14
I would like to see any exhaust from the building to be aimed towards the internal lot, away from property lines. 02:25:16
I agree with that and then I'm not sure if it's feasible but to work with Nick. So any overhead doors would open towards the 02:25:25
internal the property, not towards property lines. It's a good catch too. 02:25:30
I don't think that's going to cause me any problem. 02:25:39
What was the what was the one about doors? He was the doors, the face the opposite direction of the Dogwoods said. If you put the 02:25:42
building on the other side, it was you put the building on the other side. He can't do that. That's right. The doors I have to 02:25:48
face, but that's a pretty good distance away from them. You see, I'm saying. So maybe the comment is if it, if it's built as 02:25:54
requested as opposed to the other side, then is that what you're saying? 02:26:01
Yeah, because it because if the way the land lays, I understand they couldn't put the doors on a set because it's the downhill 02:26:07
side. So even if it's up against, if it's 10 foot in the property line, the doors aren't going to do me even get to get in and out 02:26:11
anyway, right? 02:26:15
Any other comments or questions? 02:26:28
So, Mr. View, House, are you going to amend those conditions? 02:26:33
He's writing. 02:26:39
And I want the record to show you owe me owe you owe me almost 1/2 hour. 02:26:43
I want to ask a question. 02:26:49
Move it back. I'm sorry. 02:26:51
But how can we not, folks? We can't. You can't question right now that that section of meetings closed. 02:26:54
Dogwood Rd. 02:27:01
And and we're. 02:27:04
We're not. We're not responding to anything right now. We're already in the middle of a ballot. 02:27:06
I think. I think. 02:27:14
Employees. A limit on the employees. A special exception is only for the applicant. 02:27:16
I've got the door facing away from Dogwood. 02:27:24
Would you go out the ceiling or would it go out the wall? 02:27:38
Yeah. So, so it goes out the ceiling. Well, then that's not an issue. It goes out the ceiling goes out through. 02:27:41
It was like the cold days. Now that's that's all right. 02:28:04
It's a good system. 02:28:08
So the seven conditions that I. 02:28:11
That put on their number 8 will be. This special exception is limited to the applicant only. 02:28:14
Just to be clear, this your amended ballot, correct? 02:28:22
#9A limit. 02:28:27
Of four employees. 02:28:28
Number. 02:28:32
10 No exhaust towards Dogwood Rd. 02:28:33
Oh, and #7 well, that was already in there, but I'm gonna. I'm amending that one. Let me read #7 again. 02:28:39
Serious considerations will be given to moving the new building through the southeast property line and behind the septic system. 02:28:47
If the built on the northeast property line doors to face away from Dogwood Rd. 02:28:56
Gotcha, those are mine. 02:29:01
Amendments that I heard. 02:29:04
I need to second though the amendment. OK, I'll second it. 02:29:06
OK, so we have a ballot, an amended ballot and a second. 02:29:09
Any other discussion? 02:29:14
OK, we'll move to vote. All those in favor signify by saying aye. Any opposed like sign. 02:29:17
Motion passes. 02:29:22
OK, we've got one more item on our agenda this evening, folks. 02:29:24
And that. 02:29:29
Final item is next, Nick. 02:29:31
Breakfast not going to be here tonight, Frank. Course not going to be at our meeting. 02:29:36
John Lewis tonight. 02:29:40
OK folks, we're going to continue along the finally. 02:29:49
Agenda item this evening is FC-07-24-34 and Nick Creeley is going to explain to us the staff report. Staff is going to request 02:29:53
that this item be tabled to the September meeting due to it being after 7:00. 02:30:00
Plan Commission. 02:30:09
I've spoken with the applicant, they're fine. 02:30:13
OK. 02:30:16
So, so Nick has requested that we table with the applicant is OK with that. I'll make a motion. I'll second it. We have a motion 02:30:17
and a second by the board. All those in favor signify by saying aye, aye. Any opposed like sign that item is tabled. And is there 02:30:23
any other business coming for the board this evening? There is no, I'd just like to note that that will be tabled to the September 02:30:29
meeting at 5:00 in this morning. OK, September meeting at 5:00. Folks, if you're still here, thank you for your patience. We do 02:30:35
appreciate that. 02:30:41
Seeing no other business to come before us, do we have a motion to adjourn? 02:30:48
So there's I'll second motion, second all those in favor signify by saying aye, we are adjourned. 02:30:51
Christy, on that one they had before. I don't have to sign or do anything that I wasn't there. 02:30:59
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