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Some of the chest pressure had about 4:10. 00:00:00
Yeah, yeah. 00:00:05
Neelam. 00:00:09
Okay. 00:00:11
All right. Good evening, everybody. At this time, we're going to call to order. 00:00:54
The December 9th Board of Zoning Appeals. At this time I'd like to stand and do the pledge allegiance. 00:00:59
I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, 00:01:08
indivisible, with liberty and justice for all. 00:01:14
All right. Thank you very much. All right. This time roll call please. 00:01:21
Dear here, here here. 00:01:26
Here. 00:01:30
All right, just kind of. 00:01:33
On just kind of. 00:01:37
Housekeeping here. 00:01:39
Our Nick Creeby, his wife, is in the middle of having a baby, so Nick's not going to be here tonight. Don is going to stand in for 00:01:41
him. 00:01:45
Bill White's not here tonight, so I'm actually acting as president. 00:01:50
And so you'll just have to put up with a. 00:01:54
#2 not #1 so. 00:01:58
Try to do the best I can. So at this time we I need a approval for the minutes of November. 00:02:01
I have a correction on page 2. OK. 00:02:08
I guess fourth line down, says Mr. People, Hauser recused himself from the air ring of property. That wasn't Mr. Bieber Hauser. 00:02:14
That was me. 00:02:18
So we need to get that changed so. 00:02:22
Duly noted. So we have a motion with. 00:02:26
Correction. 00:02:30
I need a second I'll second. 00:02:32
And a second all in favor signify by aye, I cannot vote. I was not here last month, so all right. 00:02:34
OK, first item on the agenda is old business agenda item one FC-10-24-44 an administration administrative appeal. And Don, you 00:02:42
help us out please. Good evening. Don Lock, director of planning and operations before you is FC Docket 10-24-44. The sporting 00:02:49
club at the farm is my understanding talking with staff that notice was to be provided to to the joiners and other property 00:02:57
owners. 00:03:04
According to Miss Adams, as of the start of the meeting, the petitioners had not provided that notification. 00:03:12
So with that. 00:03:20
Since 9 was provided to the office and I understand that was part of the requirement, the board has the. 00:03:23
Ability our authority to table that matter until they do provide notice or we can speak with Miss Fox on. 00:03:30
An alternative method moving forward, but that's not a. 00:03:39
As of right now, we do not have notice. 00:03:44
So thank you guys. Choose to table it without sufficient notice. Just motion to approve it the table and you can ask them. 00:03:48
Do you just, can you just say, can you deny it? 00:04:00
Or do you move on? Or do you just table? 00:04:04
Oh, I think that's from the. You can ask them if they have that notice but they just come forward. State your name and address for 00:04:08
the records. You will Sir, please. 00:04:11
Yes, Sir Joe Craig with Sporting Club at the Farm, 7209 Leafland Place, Prospect, KY. We reached out to the office twice two weeks 00:04:16
ago. We had not received an updated letter to send out. The only one we had was dated for the November meeting, so we did not 00:04:23
receive a new one. And then we got noticed last week from Nick's office saying that they had not gotten noticed from us, that we 00:04:29
had not set them out and sent the letters out in time. But we were never provided with a updated letter to send out. 00:04:35
OK. All right. Thank you. Thank you. 00:04:43
I make a motion that we table it till next month. I'll second. OK, we have a motion a second. I'll signify by the aye aye. Those 00:04:46
opposed likewise. All right, stable. Thank you. Sorry for those who made a trip apologize. 00:04:53
OK. 00:05:01
We'll let we'll let the room clear out for this item. 00:05:08
Hey, Cortana, last minute. They were supposed to do that. 00:05:14
I understand, yes. 00:05:18
Well, they're they're not all. 00:05:22
Yep. 00:05:25
Looks like they've been done since 2019. 00:05:28
All right, next. 00:05:41
Next item is item 3 through 7. 00:05:44
#3 through 7, correct? 00:05:50
I'm sorry, I'm sorry, I'm sorry. 00:05:53
My bad, I skipped 1. 00:05:55
Next item is agenda item 2. 00:05:57
FC-11-24-46 Special exception. 00:06:02
Done once again. OK. And just for my edification. 00:06:08
Mr. Creeby also provides a staff report upfront as part of his this part of the presentation. 00:06:15
All right, so you have DOC and IMF C11-24 dash 46. The petitioner is Aqua Indiana Limber Release Sanitation Sanitary Works, Inc 00:06:21
Location is Tanglewood Dr. Floyd Knobs 47119. Tax ID number is 220400700034.000006. The request is for a special exception which 00:06:31
is a use variance, an expansion of a legal non conforming use. The district is residential. 00:06:40
And so the overview of the. 00:06:51
Case or the docket is the applicant is requesting to expand an existing legal non conforming use. The applicant is requesting to 00:06:54
build a small office to assist in the operation of the existing wastewater treatment plant bill prior to the implementation of the 00:07:00
2006 Floyd County Zoning ordinance. 00:07:06
The office will be a conversion of a manufactured home with a four area of 713 square feet. 00:07:13
Adjacent Properties The property is located to the north of Wimberley Woods Subdivision, zoned Rs to the northeast of Charlotte. 00:07:20
Charlotte Ridge across Creek to the north and east are rural residential zones, single family lots. Into the West is a rural 00:07:28
residential zoned undeveloped lot. 00:07:34
Does he go through each annulment of the best so his the staff findings, the special exception will not be injurious to public 00:07:42
health, safety, morals and welfare of the community building. 00:07:49
Project will facilitate the operation of the utility. The structure will be built Apple to applicable building code and not create 00:07:56
any physical hazards to nearby properties. 00:08:01
The use of value of the adjacent area adjacent the property subject to the special exception will not be affected in a 00:08:07
substantially adverse manner. The site is is the location of the wastewater treatment plant with utility structures. Addition of a 00:08:13
small office building will not significantly. 00:08:18
Significantly alter the use of property. The need for the special session does arise from us from some condition peculiar to the 00:08:25
property involved. The use is a legal, non conforming use since it was constructed before current zoning restrictions apply. The 00:08:31
strict application of the zoning of the terms of the Floyd County Zoning Ordinance will result in an unnecessary hardship in the 00:08:37
use of the property. 00:08:43
Expansion of legal non conforming uses. 00:08:50
Require a special exception approval The approval of a special exception will not contradict the goals and objectives of Floyd 00:08:53
County Comprehensive Plan. The approval will support the operation of a utility providing adequate infrastructure to the 00:08:59
community. Staff Recommendations Maintain wooded screening of the structure from neighborhood neighboring properties. Provide 00:09:05
additional vegetation screening of the proposed structure to include Evergreen trees a minimum of 6 feet in height to the 00:09:11
structure in any roadway. 00:09:17
And that is the staff report. 00:09:23
All right, Thank you. Anybody have any questions for Don? No, no, but a question, Christy, because we don't have a full board, we 00:09:27
need an offer to make that offer. Yeah, of course. So the applicant does have a right to be heard by the full board if they choose 00:09:32
to do so. And that applies for all the agenda items this evening. If you wish to table your item till next month for a full board, 00:09:38
you most certainly can do that. You would need to let the board know that prior to them taking the matter under consideration of 00:09:43
voting on it. So. 00:09:48
If that is something that the applicant wishes to do on any of these agenda items, please let us know. 00:09:54
So we can take care of that. 00:09:59
Thank you, Christy. 00:10:01
No questions for Don. 00:10:03
OK. 00:10:06
At this at this time the applicant can come forward. 00:10:07
State your name and address for the record Sir, please. 00:10:13
Yes, Sir, Scott Cycle, Midwestern engineers representing Aqua Indiana and Wimbledon. Wimberley Sanitary Works. 00:10:17
I address is 6809 corporate Dr. Indianapolis, IN 46278. 00:10:26
I have nothing to add except for specific questions from the board as long as there's a quorum present and the board can. 00:10:32
Act on this special exception tonight. I have no issue going to a full board, so as long as that's not an issue. 00:10:41
I won't, I won't request to go to so they have everybody can, everybody can vote. 00:10:50
Nobody has recused themselves at this point on this agenda and you do have a quorum, which is for it, Desert car, three of them to 00:10:56
vote in favor. The other thing that I did want to pass along. 00:11:01
In correspondence, we had not submitted, sorry, we had not submitted our orange or these green cards for that yet, but I did want 00:11:07
to. 00:11:12
I did want to state to this board that there were six that were not returned. One of those was returned as undeliverable, so we 00:11:21
did receive the letter back, but the other five we never received a card back from. 00:11:27
Are descendant. 00:11:36
Right. So as long as you have proof that you sent it, then you're yes. Yeah, we had some. 00:11:37
We did send scans of the certified letter receipts and then those green cards in response. 00:11:46
Yeah, go ahead, you're finished. Yes, Sir. Any, any questions I'll be happy to answer. 00:11:57
OK. This, this building that you're putting up, is that going to be like a mobile home basically or what is it? 00:12:02
So it is a pre manufactured unit. 00:12:13
We're designing the foundation right now to go through Department of Homeland Security for the foundation release, but it will be 00:12:17
delivered and then anchored down to the foundation, which will be a slab foundation. So it'd be a slab. What would block then on 00:12:24
top then or what? Or we're not fully through design of the foundation yet, but my. 00:12:31
Impression of what it will look like is a slab, and then the building will actually be anchored to the slab as opposed to built up 00:12:39
on block. 00:12:43
Unless there's a requirement to raise that finished floor to a certain elevation. 00:12:49
Well, that's what I was looking at. It's pretty low there. I was wondering about flooding in that Creek there. Yeah. So we'll take 00:12:53
a look at that, but. 00:12:57
Our first step was to get through this process before we we came through the rest of that. 00:13:01
Yeah. The actual elevation that you see next to the plant is probably 4 to 5 foot difference in your 40 foot out and 46 foot. So 00:13:06
we're, you know, almost 9090 foot. 00:13:11
And that's at least 5 foot difference in elevation. 00:13:17
From one end to the other, yes, yes. And it's in a flood. It's in a floodplain or floodway or something. It's right next to a 00:13:21
Creek, so. 00:13:24
We're concerned that what you're going to set that on. 00:13:29
If you're saying a slab that would be it almost looked like a little treatment plant. 00:13:35
Digesters or something, you know, maybe a huge slab of concrete that would be exposed. So we're just wondering how that what I 00:13:42
mean that's that's going to really look. 00:13:46
Out of place, right next to the entrance of the road. 00:13:50
So we will take elevation under consideration at that design time and then when we get to building Commission, we can go through 00:13:54
that with them at that point. 00:13:58
Would you ever consider putting it inside the fence in front of your in front of your one block building that you have there that 00:14:02
would already be in the fence. 00:14:07
We were up there today, the gate was left open and the building was unlocked and unattended. So, you know, probably more more that 00:14:12
we can get inside that secured area would probably better for, for the for the public. 00:14:18
And you know, you may have to go to a smaller trailer. 00:14:26
And then I will ask my next question to you first. 00:14:29
May I approach? Sure absolutely please. 00:14:34
So this is kind of our. 00:14:37
Your your suggesting just slide it right if you can put it, if you can put it in right next to that, that building outside here, I 00:14:41
think you got enough room you can pull your electric right off of that and it's going to save you a ton of money. 00:14:51
See if they are, I'm not sure exactly the use of this building or what it's your motor control centers and your electrical and all 00:15:00
that good stuff is what's in there. So I mean, you couldn't block the door, which each does say excess. 00:15:06
But then what, what comes, what question that we had is what's changed with this operation? 00:15:12
From now versus you know? 00:15:19
Five years ago is is this building going to be used for a full time staff or temporary staff? I cannot totally speak to what Aqua 00:15:22
is going to do full time or temporary. I do know that they have a desire to have more of a presence in this. This isn't the only 00:15:28
treatment plant they have in this area. 00:15:35
So this seems to be a logical point for them to place someone to be able to address all of their sewage facilities. 00:15:43
I mean, normally these package plants, I call them can't afford a full time operator, correct. And so I think you know, I guess 00:15:51
when in in the conception of the state everybody. 00:15:58
I would say it would assume that it's going to be maintained by part time person and there was never going to be a full time staff 00:16:05
staff at this location. 00:16:10
And how many employees possibly would be at this location if you used it for a satellite office? 00:16:15
I would adventure to say again, I can't speak exactly to how their long term use looks like right, but I would venture to say one, 00:16:22
possibly two people they may run billing out of this for the area. So that would be a full time person that that I cannot speak in 00:16:28
any detail other than conjecture. I personally would have a hard time voting anyway on this with not having these answers 00:16:34
answered. 00:16:40
So I mean in in good spirit for the the county and doing what's right. 00:16:47
We really got to know what's going on with that building. 00:16:53
And if there's any way it could be moved inside, that's that's not. 00:16:56
And this is a newly constructed building. 00:17:00
Newly prefabricated. I'm sorry, it's newly. You're not. It's not used structuring it will be new construction, that's correct. 00:17:06
I mean the size, is that the smallest that that outfit builds or how was that determined that? I do not know, but I can find out 00:17:12
that answer for you, OK. 00:17:17
It goes along with yours. 00:17:24
Here it goes on with your concerns. Yeah, yeah, I just, I need to know more answers, but all right, So anybody have any other 00:17:25
questions for? 00:17:29
Scott. 00:17:34
Thank you, Scott. Appreciate it. So moving forward. 00:17:45
Well, we're going to let the public. We have to open up to the public. They let the public speak and then you have an opportunity 00:17:49
to come back up if you wish to ask for a table. And you do have to do that the next time you come up before they take it under 00:17:53
consideration. 00:17:57
All right. At this time, we'd like to call anybody that would like to come up and speak in favor of this project, in favor of the 00:18:03
project. 00:18:07
In favor? Yes Sir. 00:18:12
You like it? 00:18:14
OK, that being nobody now. Now we need anybody that would like to speak in opposition. Please come forward. 00:18:16
All righty, come forward. 00:18:24
And just state your name and address for the record Sir, please. 00:18:28
My name is Clyde Harrelson, I live at 40. 00:18:33
4059 Tanglewood Dr. which is the street that structure is supposed to be put on at the beginning of our subdivision. 00:18:36
Briefly, I want to stage it 20 years ago they. 00:18:44
This company came before us with a meeting about increasing our race from 35 to 60 to $80.00 a month over A2 year period because 00:18:47
they put in an extreme amount of growth. 00:18:52
The price has never dropped even though they've added on customers after customer after customer. 00:18:58
We were asked at that meeting why we aren't billed based on our water consumption like most other places that get billed for 00:19:04
sewage. They said they were working on that and 20 years later they still haven't rolled that out. 00:19:09
It was also after in that meeting how we contact them the number they had listed on their fence. 00:19:17
Was another working number. 00:19:22
They resolve that by taking the number down. If you if you were out there today you would have seen the sign announced who they 00:19:24
are. No way to get a hold of them if there was a sewage overflow. I tried to look them up on Google, couldn't find them on Google. 00:19:30
Indianapolis is the closest place Aqua is listed at. 00:19:36
Over the years, higher mode out front area. 00:19:43
Other neighbors would keep it mowed. 00:19:46
There'd be times when they didn't get their mowing done. Sometimes we'd help them out and mow it, other times we wouldn't. But 00:19:48
they're never, as a good neighbor, come over to try to help us keep our area mode. They would keep trash cans out in front. 00:19:55
The entire week. 00:20:02
Two years ago I stopped and asked them why they did that and they said there was number reason to bring him in. I said we we live 00:20:04
in this subdivision and it looks. 00:20:08
Very bad to drive into our subdivision every day and see 3 or 4 trash cans and these are these big waste cans. 00:20:13
I didn't get anywhere until I mentioned there's no way you could be using 4 trash cans a week. 00:20:21
With a wastewater plant, it turns out the employees that work there bring their trash and drop it in. Today I took a picture of 00:20:25
the four trash cans. They're no longer in our drive. They only get halfway back to their fenced in area. They used to be kept in 00:20:31
the fenced in area when the last year they don't even get that form. 00:20:37
One trash can had three household garbage bags in another one had one. Another one had one. 00:20:44
It's not fair for us to pay for their employees to use those bins as a garbage can as a as to save on their garbage. Again, that's 00:20:49
not being a good neighbor. 00:20:54
Nowhere on the plan is there mention of parking. 00:21:00
The right hand side is almost useless for parking if they just park along the drive. I don't know how that would sit well with the 00:21:04
fire department, but currently the people one or two trucks that show up during the week they park inside that fenced area. 00:21:11
Our question, one of the questions we have as a subdivision was how many people are going to be working there and of course you've 00:21:22
already brought that up. 00:21:25
The structure itself is a shed. 00:21:29
It's not a, it's not a, it's a prefab home. 00:21:31
But basically when you drop that on a on a concrete slab, you're basically putting a shed down. 00:21:35
They didn't check off on the requirements the list to include sewage. 00:21:41
I would assume they would have to have a bathroom in there, but on that special documents both items that. 00:21:46
That concern, septic tanks are not checked. 00:21:52
It's on the second page of their own. 00:21:56
They're avitated. 00:21:59
So I was concerned why they would not check that off and provide it to the county to show what they're going to do for tapping 00:22:00
sewage and. 00:22:04
Run in water. 00:22:08
The Creek does flood. It'll go into. 00:22:11
It'll go on to Buck Creek and cover it on some of the turns. So that is that does happen quite frequently. So we know we're in a 00:22:14
floodplain. 00:22:18
I like to. I like that the question was asked. Why not put it inside the fence? 00:22:23
It looks like they have enough parcel on the back of side, but it would be more expensive to clear that probably, but it would 00:22:28
look a lot nicer than having a shed when you pull into our subdivision. 00:22:33
Leaving it word if you allow them to do that and put it outside the fence. 00:22:39
We don't need decorative trees there. We need it secured some kind of fence and you, you were there today and the place was 00:22:44
unlocked that. 00:22:48
That's just not, that's just uncalled for. I mean, they've got to be better citizens than that to help us as homeowners in that 00:22:51
subdivision. 00:22:55
I would suggest, I would hope that we don't vote today and put it off another another month until they get more of these answers 00:23:03
back for us. 00:23:07
But if you do vote, I hope you keep in mind that. 00:23:10
I can't put a shed in front of my house. There's no way you would ever approve that. 00:23:14
And that's basically what you're going to do today. If you say yes, you're going to prove a **** going in front of our 00:23:19
subdivision. It's bad enough we have the cinder block plant, but that's a need for us. 00:23:24
We don't need an office building. They could rent office space anywhere. 00:23:29
Employ knobs, Galena. 00:23:33
That's all. Thank you. Sir. Can you hold on for a second? I just want to ask you a question. 00:23:37
In regards to the. 00:23:42
The flooding, the entrance that you come into that subdivision where the box covered is, does it go across that road? 00:23:45
All right. Anybody else? We still got 5 minutes and a half to. Anybody has any other that's in opposition? 00:23:55
Just state your name and and your address for the record please. 00:24:07
So having the sewer plant in your backyard is not a selling, it's not a good selling point for your home. And it does put out, you 00:24:16
know, smells that sometimes of the year. So like we don't want to draw attention to that being in our neighborhood. So putting a 00:24:23
building. 00:24:30
Out there is gonna, I think, like. 00:24:39
Raise the visible. 00:24:41
Notion that you can see that there is a sewer plant right in front of where our our homes are. So that's why I don't also don't 00:24:44
think it's a great idea. 00:24:50
Thank you. Thank you, Terry. 00:24:56
Now do we mention the letter? 00:24:58
The health department letter, I'm not sure why that's not in the file. I think that be a question. Are they not using bathrooms? 00:25:01
Why didn't why don't they have the necessary health department letter? 00:25:06
Maybe Gabrielle can answer that. 00:25:10
OK. 00:25:18
OK. 00:25:22
OK. And then next question is we have a letter from Corey Cochran. Do we need to? 00:25:27
We will have a letter from Corey Cochran as well as Alan Platt that were submitted into the record. We should have a copy of 00:25:32
those. I have a copy of those as well. 00:25:38
Just he starts out by, well, I'm writing, I write in opposition to the placement of what has been described. So I'm not going to 00:25:45
read the whole letter. Correct. And I believe the other one, Alan Platt is the same thing. They're in opposition to placement. OK, 00:25:52
what was the name again? For the record? Alan Alan Platt. Platt. 00:25:59
All right. Anybody else? We still have 4 minutes. 00:26:08
Anybody else? 00:26:14
OK. Scott, would you like come up and? 00:26:15
Point of clarification. 00:26:22
On your two letters in opposition to placement, is that opposition and placement altogether or in location as was your question? 00:26:24
One of them was just saying that I know what the one that I read said. 00:26:33
They wanted to be more appropriate. 00:26:38
And aesthetically to a subdivision as opposed to a. 00:26:40
Modular. 00:26:45
They they were, so they they wanted to look more like it would fit into their subdivision. OK. It looked more like a house. Yeah. 00:26:47
Instead of trailer, he's more against the pre manufactured building. Yes. 00:26:52
If you like, we will read this. If you'd like for us to do that, are we? 00:26:58
Do we have right to those letters? If we could just get copies, though, that would be sufficient. 00:27:05
Gabrielle, are you OK with us giving cop these two copies and you can place a copy in the? 00:27:13
You want to come look at them and just hand them? Turn for us, please. 00:27:18
Make sure they're the ones that were given to us. 00:27:22
Yeah, confirm that they're right. 00:27:25
We can turn on that fan if you want to run that thing. 00:27:33
This was something that the department. 00:27:37
If they want, that's fine. Yeah, that'll that'll work just fine then. 00:27:40
I have no other questions other than request a table so that I can answer the other questions. 00:27:51
I appreciate that we need just so that I'm clear. 00:27:57
This board. 00:28:01
Would like answers to staffing levels on this yearly basis and hours per week, is that correct? Yes, also the ability to move that 00:28:02
inside the existing fencing and then I. 00:28:09
Can we reduce the footprint and maybe use a smaller building? Yes, is that does that cover the questions? Well, I think you need 00:28:17
think you need to verify where the floor elevation would have to be as a result of that Creek. 00:28:23
You know, are you going to have, is it going to be sitting 4 foot out of the ground, 6 foot out of the ground? 00:28:29
I think you need to verify that. 00:28:37
As part of this, I don't think we're necessarily looking at a smaller building, but this 115 1/2 feet by 46 feet. That's why I 00:28:39
asked, is it a trailer? So that's that was a question on it. And I think that's their concern also, is it something like a 00:28:46
trailer? Is it actually going to be an office building or at like that? So and that goes along with the one letter you got. I 00:28:54
think you ought to consider something that's more aesthetically pleasing, more fitting with the neighborhood. Yes, yes. 00:29:01
OK. And Don, when it comes in for their building permit that will dictate how many parking places and so forth. Our regs will 00:29:09
dictate how many parking places they have to provide on it. 00:29:14
Just basically a part would be a number of employed. 00:29:21
Something will dictate. They'll be told they have to have so many parking places. 00:29:24
That's right. And that's going to require you to enlarge that, obviously enlarge that area. So if it goes outside the gate, it's 00:29:28
going to. 00:29:31
Those are all. 00:29:36
Building permission questions, is that correct? And then this is just special exception for land use, correct? OK, so tabled would 00:29:39
go to. 00:29:44
The January meeting, is that correct? Correct. That's correct. 00:29:50
Then does correspondence need to be sent so many days prior to that hearing? You do not have to re notice and you can work with 00:29:54
the staff to ask any other questions like that, but you don't have to re notice because you're making the announcement here at 00:29:59
this mean that it will be tabled assuming the board votes to table at which. 00:30:04
OK. 00:30:09
So just work with the applicants questions. 00:30:10
OK. Thank you for your time. 00:30:14
I need a motion. I'll make a motion to table this till next month. 00:30:17
Motion is second all in favor. Second by aye aye. Those opposed likewise. Thank you. 00:30:22
OK, before we get started, Don. 00:30:27
Adams I make sure I'm right this time. Item 3 through 7. 00:30:32
Christy and I have talked and her advice, I'm going to recluse myself from those items and leave the room and. 00:30:38
You'll have to take over for me, big guy. OK. All right. Thank you. 00:30:47
OK. Next item of business is agenda item number three and through 7 which is FC-1124-4811. 00:30:53
Let's just do the one, OK? It's gonna see if we could do them all together, is what I was gonna ask. 00:31:06
You through about yourself and then you have to do 3 and then you can do the development. Depending on how that turns out we can 00:31:13
decide to get to do with the other ones. OK. The agenda item FC-311-2448 Special exception applicant is requesting a special 00:31:21
exception to allow many storage in residential suburban zoned area and in the Edwardsville overlay district. 00:31:29
The Elder Company LLC, 1320 W Knavel Rd. Georgetown, IN. 00:31:37
Section 36, Township 2, Range 5 E. Would you please, Mr. Lough, give us a staff report? 00:31:44
This is docket item FC11-24-48 Petitioners Elder Company, LLC location 1320 W Knavel Rd. Georgetown, IN 47122 tax number tax IDs 00:31:54
or 220203600086.00. 00:32:03
Dash .002 and 220203600082. That point 00-002. The request is a special exception for many storage. The district is residential 00:32:14
suburban. It is also in the Edwardsville Gateway Overlay district. 00:32:23
The applicant is requesting a special exception to allow many warehouse self storage use on a residential suburban zone property. 00:32:33
The property is also located in the Edwardsville Overlay District. 00:32:39
Mini Storage is not an allowed use in a residential suburban zone in the FC Floyd County Zoning Ordinance Appendix Land Use Matrix 00:32:45
and is expressly prohibited in the Gate Edwardsville Gateway District. 00:32:52
Yes, Floyd County Ordinance 8.06 Dash 1 Warehousing and Storage are permitted uses in office, business and general industrial 00:33:00
districts in the zoning ordinance. 00:33:05
The proposal includes 13 storage units. 00:33:12
A 400 square foot maintenance unit and a 400 square foot office with a service. 00:33:15
Kiosks. The total square footage of the storage units will be 91,800 square feet. A lot coverage is approximately 69% of the 6.7 00:33:21
acre Watt 8. Parking spaces are located in front of the office with a detention base and located in front of the lot. The 00:33:28
applicant is also requesting development standard variances for building materials, number of primary structures, lot coverage and 00:33:34
building facade transparency. 00:33:41
The adjacent property to the east and southeast of properties Interstate 64 made it lead to the South is it now Edwardsville 00:33:49
Animal Clinic and a non conforming use on residential suburban zoned property operating prior to the 2006 zoning ordinance to the 00:33:55
immediate SW across W enables a single family dwelling in the general commercial zone. Clayton Homes is located behind that 00:34:01
property to the West. 00:34:08
As a single family. 00:34:15
So OK, behind that property to the West is a single family line and farm and off to the family zone property in the northwest is a 00:34:18
residential suburban single family dwelling split from this property in 2022, and to the north is a large 20 acre residential 00:34:24
suburban lot with a single family dwelling. 00:34:30
Staff findings The special exception will be injurious to public health, safety, morals and general welfare of the community. The 00:34:37
property is currently served by a three inch water line with the nearest larger line at least 1500 feet away. Georgetown Fire 00:34:44
Department provides the minimum provided the minimum line required to serve a development of this nature via 6. 00:34:51
6 inch line with a hydrant within 400 feet of any building, but recommended at least an 8 inch line. 00:35:00
The use and value of the adjacent properties subject to the special section. 00:35:07
Will he's got will not be affected except first are substantially adverse manner. The proposed use is relatively low impact with 00:35:13
low traffic generation, will not generate nuisance noise or smells and will be required to meet storm water standards. Storage is 00:35:20
a reasonable use with the proximity multi zone family property and will be located to existing general commercial property. 00:35:28
The need for the special exception does not arise. 00:35:36
Conditions particular to the property involved. 00:35:40
Property was recently split from a homestead to the northwest and has since remained vacant. Properties suitable for residential 00:35:43
development consistent with its Sony with current infrastructure, allows up to four homes to be located there. 00:35:49
The strict application of the Floyd County zoning ordinance. 00:35:56
They're both underlined. 00:36:09
From his staff report, they're both undermined. 00:36:12
So I think he's saying it will not. He says the property is currently suitable for single family developments and enjoined single 00:36:19
family developments so following the zoning ordinance would not result in unnecessary hardship. 00:36:25
The property is suitable for single family developments and adjacent, so I apologize. 00:36:33
Nick left at 4:00. 00:36:40
In short order, the approval of the special exception will contradict the GOES and objectives of the Floyd County Comprehensive 00:36:44
Plan. The proposed use is an expressly prohibited in the zoning ordinance for the Edwardsville Gateway Overlay District. The use 00:36:50
does not fit into the planning documents for the area and is inconsistent with the district intent. The use is a low intensity, 00:36:56
low traffic use. This is a gateway district and adjacent Town Center concept and identified economic growth areas. The use would 00:37:01
not create significant active. 00:37:07
Activity desired in the growth area. Aesthetically, the use would not be consistent with existing planning guidelines. The use 00:37:14
presents characteristics more consistent with industrial warehousing than aesthetically. Rural, neighborhood oriented commercial 00:37:20
with multiple large structures, low novel traffic volume, security fencing, limited landscaping, metal facades, and the doors. The 00:37:26
property also lacks necessary infrastructure for Fire Protection and water service. Staff Recommendations Denial due to not 00:37:32
meeting the. 00:37:38
Applications, particularly with the use being inconsistent with the Gateway Plan and Floyd County Comprehensive Plan and the lack 00:37:44
of infrastructure. 00:37:48
OK. Thank you very much. Does the Board have any questions for Mr. Law? 00:37:53
Mr. Bieber, has you got any questions? No, thank you. OK. 00:38:05
Would the applicant please come forward and state what you're going to do? 00:38:09
And keep in mind that we have a quorum. There's only three of us here. It takes three votes and we normally have 5 S If you want 00:38:13
to table it, please let us know. 00:38:20
I do not thank you so much for the time and for being here. My name is Jake Elder with the Elder company, 501 E Pearl St. New 00:38:27
Albany, IN. Also with me is Scott Hannah Heritage engineering and also Justin Hindrance with young women craft. 00:38:34
Before we get started acting, Mr. President, I would request that the 10 minute time period be extended and that the procedures be 00:38:43
lifted. This is a very complex issue and we want to make sure to preserve the record. 00:38:49
Board, what do you think? That's up to you all as a board to make that decision whether or not you want to extend the time. You 00:38:56
could also let it go for the time period and see where they are, I mean. 00:39:00
What do you want to do? Board up to your discretion, say let him get started and see. OK, we'll see how we do. 00:39:06
OK. Thank you so much. 00:39:11
You all are essentially a quasi judicial board, an unbiased board and it's. 00:39:14
Petitioners obligation to meet the burden as to whether or not the use of variance request should be granted or should be denied. 00:39:18
These standards are protected with the state and federal government. 00:39:26
Process, due process, civil rights, and so forth. 00:39:30
There's been a recent case in Tipton County Board zoning appeals. We hope for hurting 230 N Sea 3rd 3/22 to 20/20/28 court appeals 00:39:34
case and it talks about the type of evidence in what way you should give to it. 00:39:41
And it talks about the evidence, at minimum, must be substantial. 00:39:49
Evidence. It must be more than speculation or conjecture. 00:39:53
Gaining Damian pulled the pills actually reversed the easiest decision because the BCA board listened more to. 00:39:56
Speculation, opinion of neighbors and demonstrators versus the evidence that was presented. 00:40:03
Do you all have a copy of the petition itself in front of you where we can kind of go through the site plan and withdraw? 00:40:08
I don't have the whole thing, but I got. 00:40:17
Bits and pieces of it, but I got that drawing. That's what you're asking. They all have a copy of it accessible they've reviewed. 00:40:19
I'm happy to present as we go give any questions, OK. 00:40:26
So if we look at the. 00:40:32
The site plan itself. 00:40:33
It's 1320 W Canable Rd. We know where it's located. 00:40:36
It doesn't have water capacity out front? Or does it have sewer? 00:40:40
Availability in. 00:40:46
And so originally, we're looking at this for potential multifamily use after going through the due diligence process we landed on. 00:40:48
Many storage units. 00:40:54
We were trying to take into account the neighbors to the North and South. You'll see where we positioned the facility back off the 00:40:56
road a substantial way versus having it all the way up towards the front of the road for view shed so that the animal. 00:41:03
Hospital as well as the neighbor to the north and they're looking at their front door, they would not see that the mini storage 00:41:11
units. 00:41:14
We've also. This is more of an exaggeration of the maximum amount. 00:41:20
97,000 square feet we don't intend. 00:41:24
When building 97,000 square feet, but we did want to show what would fit. 00:41:27
On the site plan. 00:41:32
You can look for the. 00:41:33
Buildings facing West Canaveral Rd. both of those would be in essence privacy fences at least one behind built out of CMU block. 00:41:36
We've popped in some vegetation just social landscaping again that would come to the next level during development plan on how 00:41:42
much landscaping was required underneath the Floyd County development standards. Also looking just S there's a whole there's an 00:41:49
additional line of landscaping but again before the board today it's simply use variance request. 00:41:56
The very first element is the special exception will be interest to the public health, safety, morals, general welfare of the 00:42:05
community as Mr. Lot property is currently served by three inch water line in the nearest larger line at least 1500 feet away. It 00:42:10
states that the Georgetown Fire Department provides the minimum line required to serve the development of this nature to be a six 00:42:16
inch line with a hydrant and within 400 feet. 00:42:22
A way of the building. 00:42:29
If I may approach my hand you all document. 00:42:33
Thank you. 00:42:41
So if you look at this, this is an aerial map. I was able to get on the. 00:42:49
The phone was everything Water Corporation this morning. 00:42:53
It's going to be a little bit hard to see and I did the best thing I could, but on the between McDonald's and Red Roof Inn I put a 00:42:56
black dot that is the closest 6 inch water line. 00:43:02
And then if you look on the West Canable Rd. there is another fire hydrant someone provided by. 00:43:08
Reach Waterlogging. 00:43:13
So if we're looking at what Mr. Creedy stated, as well as what's positioned by the Georgetown Fire Department. 00:43:15
The Derays Barber Shop, The Shell, The Circle K, The Cash Saver, Indiana Land, Clayton Homes in Edwardsville Animal Clinic. 00:43:21
None of which are within 400 feet of a six inch line. 00:43:30
So we disagree that that is a standard that has to be met. If it is, then all these businesses are in violation of, say, Fire 00:43:34
Safety 2014. 00:43:38
Also, I've reached out to Sheriff Bush as well as Assistant Chief Scott Lamore. The General Police Department provided those two 00:43:46
letters. Letters. 00:43:50
It's in your packet. 00:43:54
Just questioning whether or not there's any inherent. 00:43:55
Crime or public safety issues related to many storage both gentlemen, many, many years, decades experience between the two of 00:43:59
them. Both indicate in their letters that many storage units are no different than any other business, and they're not any. 00:44:06
More highly successful to crime than, say, a shopping center. 00:44:14
Or anything else in the area? 00:44:17
So we believe that the special exception, you know, would not be interest to public health safety. 00:44:21
And general work of the community. 00:44:26
The second prong, the use and value of the area to the property, will not be adversely affected and substantially adverse. 00:44:29
Man approach once more. 00:44:35
Thank you. 00:44:52
So if we can look where the star is, that's that's a subject property. 00:44:59
So just beneath the subject property, that's the Edwardsville Animal Clinic, which we know is not a residential use, even though 00:45:03
it's zoned as such. Across the street we have Clayton Homes and a candy Corner, and directly across the street we have a 00:45:07
multifamily property. 00:45:11
After looking at the acreage of the multifamily property and. 00:45:16
And looking at consistent development standards in the area at some point A. 00:45:20
If it continues to stay be zoned as a multi family, there should be anywhere between 120 and 150 units at some point to be built. 00:45:25
So it's important that we understand that this request is not just surrounded by residential, it is between the Interstate and 00:45:32
next to three of the four different properties are not. 00:45:37
Residential letter surrounding. 00:45:43
In order to understand whether or not the use and the value would be disrupted at all. 00:45:46
We reached out to Mark Hack and Troy Stiller, both with decades of experience both. 00:45:53
Respected. 00:45:59
Real estate brokers in the area. 00:46:01
I mean, the Greentree Realty I think has 54 agents between the two of them, probably, you know. 00:46:04
10s of millions of dollars a year in transactions. Both have done an aerial review and and have found that they would not 00:46:09
adversely affect any of the properties values and surrounding properties. If you look at their letters, they specifically looked 00:46:14
at. 00:46:20
Store space Self Storage. They're located on State Hwy. 64 and how related to Meadow Oaks and Spring Crest subdivisions. 00:46:26
Mr. 00:46:34
Hack looked at. 00:46:36
Also looked at storage space self storage Also looked at storage stowaway storage. They only Pike and storage rental of America 00:46:38
there in New Albany. 00:46:42
Indiana. 00:46:47
The third prong the need for a special exception, which is. 00:46:51
Really, a variance use arises from some condition peculiar to a property. 00:46:55
Mr. Creeby states that the property was recently split from the homestead to the north northwest and has remained vacant. The 00:47:00
property suitable for residential development consistent with its zoning and current infrastructure, which allows up to four 00:47:05
homes. 00:47:10
Well, the county I feel right here is they're trying to bootstrap the property owner only building 4 homes on on that area. It's 00:47:15
approximately 7 acres. 00:47:19
Property owner does have a right to seek a reasonable return on his property, and his or her property is governed by Indiana law. 00:47:24
Subject property has many peculiar conditions. 00:47:28
It's located next to an Interstate. 00:47:34
Which has approximately 53,000 cars a day that go go by create substantial noise and fumes. That's surrounded by other uses other 00:47:36
than residential IE multifamily, commercial and animal clinic. There are significant topography issues. 00:47:42
Will increase the development costs and there's a lack of water supply as well as those sewers at the lot line. 00:47:49
In 465 LLC versus Metropolitan Board of Zoning appeals. 00:47:57
The BCA determined that property that is adjacent to Interstate and serves as a buffer between residential neighborhoods and 00:48:03
commercial Interstate activity is a peculiarity of property. 00:48:07
Also in Bowman, the metro border zoning appeals of Marion. 00:48:13
That being 331 NE 2nd 735, stating that the size of acreage, whether it's small or large, can also be a peculiarity. 00:48:17
In Metro School District of Washington Township, the. 00:48:27
Jansen. 00:48:30
That being a 302 NE 2nd 551, the Board was justified in finding a need of the variance arose from a condition procurement 00:48:31
property. There was evidence that the unusual shape and relatively small acreage, when viewed in conjunction with adjoining 00:48:37
commercial use and railroad tracks made the property in suitable for development as either the apartment complexes or agriculture. 00:48:43
Metro Development versus Troy Realty. 00:48:50
Affirming the issuance of a variance where evidence indicated the property was situated at a corner of a heavily trafficked 00:48:53
intersection, making it more affected by noise and fumes and surrounding area, and was adversely affected by water. 00:48:59
And lastly. 00:49:06
There's another case here versus Shackleford, affirming a variance where the parcel was located in major major thoroughfare and 00:49:08
adjacent to gas station, making the site unsuitable for single family. 00:49:13
Issues. 00:49:20
#4 the strict application of the terms and zoning ordinance would result in unnecessary hardship. Sorry if we can pause it right 00:49:24
there. So the 10 minutes is up. 00:49:27
I don't know if you guys want to extend that 5 minutes or whatever, you know, time period or where you want to move forward. 00:49:32
A piece on the item 4. I said keep going. Yeah, keep going. 00:49:40
Keith Ellen, Thank you, Sir. 00:49:45
Mr. Creeby states that the strict application of the terms of zoning warrants will not result in necessary hardship of use. 00:49:48
And we disagree with that, as it is a blanket statement that does not even address the right of the property owner to seek a 00:49:54
reasonable return. 00:49:57
In the case, Board of Zoning Appeals of City of Whiten Lake County versus McFadden, it does state that the determination of the 00:50:01
existence of an unnecessary hardship is governed by all relevant factors which, taken together, indicate that property cannot 00:50:07
reasonably be put to conforming use because limitations imposed upon it by the ordinance. It must also be shown that the land 00:50:13
involved cannot return and yield a reasonable return that's only used for the allowed zoning purposes. 00:50:20
Well as of right now stating that it should remain as. 00:50:27
Residential and that four. 00:50:32
Homes would be enough. 00:50:34
And we have a letter from Mr. John Locke. 00:50:36
Who has close to a billion dollars in transactions from residential and commercial stating that that would not be a reasonable 00:50:39
return, only allowing for four. 00:50:43
Residential lots. 00:50:48
The determination of the existence as the properties that sits today without having to come before the BCA only has to buy right 00:50:50
permitted uses, agriculture, agricultural or Home Farm stands, child cares within the home, a dwelling of a manufactured home, 00:50:57
dwelling of single family, detached residential facility and or trails or walking paths. 00:51:04
So the relevant facts are peculiar conditions not created specific to this or limited to these. These were not created by the 00:51:12
property owner. 00:51:16
Saying that they don't abuse residential homes sits next to I64. 00:51:21
The surrounding uses are. 00:51:26
Other than just residential? 00:51:28
There's a substantial amount of follow the property. 00:51:31
The property does not have available sewers anywhere close. It's 1500 feet away. We actually sent out for a bid through temple and 00:51:33
temple which is in your packet. How much would it cost to bring sewer and water to here to do anything with it? And the, the, the, 00:51:40
the cost was between 225,275 thousand. So by the time that you take the cost of bringing infrastructure, the cost of the land each 00:51:48
lot itself will probably be 100 to $125,000 per lot. You can use it for four lots. 00:51:55
And lastly, we don't believe that the mini storage would really alter. 00:52:07
The character of the surrounding area. 00:52:12
When you look at how far it's set back, most of the visibilities can be off of the Interstate. 00:52:14
And we're going to block majority of it. 00:52:18
With. 00:52:20
What what I would call walls with the backside made out of masonry brick. 00:52:22
It was like a secure privacy fence facing West Canaveral Rd. 00:52:27
With an abundance of landscaping, working with the Floyd County. 00:52:31
Develop. 00:52:36
Now item 5 gets a little bit. 00:52:39
Tricky here, and the reason I say that is because use variances are controlled by Indiana code 3674 dash 918.4. 00:52:43
And that statute states that the approval does not interfere substantially with the comp plan adopted under the 500 series of this 00:52:52
chapter. 00:52:56
That's in contradiction to what has been adopted and what's in your petition. Your petition states that the approval of the 00:53:01
special exception will contradict the goes or will not contradict the goals of the four county Planning Commission. 00:53:07
I know that may not sound like a big deal, but there is a big difference on whether there's something contradicts something or 00:53:14
whether or not it interferes substantially. 00:53:18
Furthermore, if you move forward underneath and again, you have your own legal counsel. 00:53:23
As you move forward underneath element #5 and not the correct statute for you in violation of the doctor involved. Alter berries. 00:53:28
I have seven additional pages of how I believe that we are in compliance with a comp plan. 00:53:37
They were in our package. 00:53:44
Has everybody had an opportunity to? 00:53:46
To review, I mean, I'm happy to present and go through. 00:53:50
And then the other thing that I did at least want to quickly go over. 00:53:53
Is Mr. Creevy? 00:53:57
Handed you all. 00:54:00
Kind of a print out with this response. 00:54:04
And his highlights are in yellow. 00:54:06
And So what I did. 00:54:13
As I went through. 00:54:14
And these are copies of account plan. 00:54:16
And what I did is I went through. 00:54:18
And I marked in blue everything that we've cited. 00:54:20
So we just simply disagree, I guess with the complaint says. 00:54:23
So on page 5, everything in blue the development. 00:54:28
Redevelopment or change in the use of land with employee county should we consider on the basis basis of its immediate and future 00:54:31
impact on the public health, safety, welfare, population density? 00:54:36
And whether proposed available furthers the interests of the company, we find that it does. 00:54:42
The next one talks about the. 00:54:47
Prehensive plan policy shall strive to protect rural character of Floyd County is maintained and preserved through the development 00:54:49
of conservation, development design, sustainable ecological design and very important here the promotion of low impact 00:54:54
infrastructure choices. 00:54:58
Also included in your pack, we retained a traffic engineer. 00:55:03
She's presented a letter in your pocket. 00:55:07
Mini storage cemeteries and churches are the single lowest impact infrastructures uses that the municipality can have. We feel 00:55:11
that we need that and it follows the. 00:55:16
Account plan here in Floyd County. 00:55:22
Also, on page 5 when you look, it talks about the request for special uses should be measured against the adopted land use 00:55:24
policies and objectives in this document. 00:55:28
Factors for consideration include the relation of development, redevelopment or change in land use to the following factors. So 00:55:33
what I've done if you look on page 5. 00:55:37
The 12 small bullet points. 00:55:42
We can go through each one and as to why this meets it so a nuisance potential to existing or planned future land uses. Many 00:55:46
storage will not create any nuisances In the end of the code defines nuisances as whatever is interest to health and decent 00:55:52
offensive to the census and obstruction to the free use of the property. So it's essentially to interfere with the comfortable 00:55:58
enjoying the life of property as a nuisance. We don't believe that a mini storage unit is a nuisance. 00:56:05
Proximity to existing light use developed. 00:56:12
Mr. Creeby already acknowledges in his statements that. 00:56:16
Mini storage is a like use development to that of multifamily. Multifamily can be found directly across the street. 00:56:20
3rd population density. 00:56:28
We had a private third party neutral perform a market analysis on this site and found there's a need. 00:56:30
In the area when comparing the local density as well as increased residential development. 00:56:35
There has been an increase in density. There's definitely been an increase in apartments. You have about 400 new apartments coming 00:56:40
online as well as new. 00:56:43
Residential neighborhoods and this is going to fill a void in a need. 00:56:48
You look to the next. 00:56:52
Bullet proximity to supporting land uses. The property has Interstate visibility less than a mile off the exit and is adjacent to 00:56:54
grocery stores, gas stations, fast food restaurants and animal clinic. A mobile manufactured home sales company is directly across 00:56:59
the street from a large vacant tract zone multifamily. 00:57:04
The traffic patterns and thoroughfare plan. 00:57:10
Many storage is the lowest impact use possible and is substantially less than that of single family home residential development, 00:57:12
so traffic patterns will not be affected by this development. 00:57:17
Public safety systems, including Fire Protection and law enforcement. 00:57:23
Per the letters from Floyd County Sheriff Bush and Assistant Chief JPD Scott McGuire, there are no public safety concerns related 00:57:26
to this. 00:57:29
Project. Furthermore, non conditioned mini storage units are not required to be sprinkled. It will be beneath the 12,000 square 00:57:33
foot threshold that would mandate it. 00:57:38
Water and sanitation systems. Many storage units do not require water or sanitation systems. Therefore it will not adversely 00:57:44
affect the system. 00:57:47
Public school system many stories will not create any new students for the area. That's why I have no impact. 00:57:52
Topographic and geological Characteristics The topo and geologic characteristic of the site will have to be studied. Depending on 00:57:57
what's beneath, the surface and sign may have to be reduced significantly. 00:58:02
The preservation of natural characteristics, including sight lines. 00:58:08
In an effort to adhere to the Evertsville gateway intent and this provisions of the comp plan who intentionally set back the mini 00:58:11
storage units approximately this was originally 250 feet, but I think we moved it up to maybe like 180 which by code I think the 00:58:17
setbacks are maybe 40 feet. So we're. 00:58:23
4/4 times back the minimum threshold. 00:58:30
Site drainage. 00:58:34
All site drains will meet Floyd County standards. Loss of agricultural use. The property is not currently being utilized for any 00:58:35
farming purposes, so no loss will occur. 00:58:40
And then it states that if there's any other factor reasonably related to protect health, safety and general welfare of the public 00:58:44
or further interest of the comp plan. 00:58:48
So these are the. 00:58:53
Probably the top 12. 00:58:55
Things you need to look at as to whether or not the grand experience and in our opinion we we meet. 00:58:58
We are in compliance. 00:59:04
And we certainly, if you're looking at state statute, we certainly do not substantially interfere with a comp plan that has been 00:59:05
adopted. 00:59:09
Also on page 5 I want to talk about the intensity and type of the development. 00:59:15
Shall be limited by the ability of the infrastructure proposed and existing to service the new development without materially 00:59:19
decreasing the level of service to the existing development or creating safety concerns. The use variance is low intensity and 00:59:23
does not require any additional service other than what currently exists and will not materially harm the environment or create 00:59:28
safety concern. 00:59:32
Engineers report mini storage will not impact the roads in any way since it's such a low trip generator. 01:00:07
Also on page 6, development, redevelopment or change in use of land with Floyd County shall preserve the natural characteristics 01:00:13
and scenic quality of the land to the greatest extent possible. Instead of attempting to maximize the acreage, we have designed a 01:00:20
way to preserve the natural characteristics by agreeing to use masonry products that face the sides that of West Can Eagle just 01:00:26
like similar other mini storages in Flint County. 01:00:32
Page 23 of the comp plan The second highest preference for the community moving forward was locally owned restaurants, retail and 01:00:40
businesses. 01:00:44
My family and I live 5 minutes away from this property. We will own it and operate these many storage units. As a locally owned 01:00:49
business, this clearly meets the second highest preference in the comp plan. 01:00:53
On page 23, although the survey was extremely beneficial. 01:00:59
The main challenge will be finding funding solutions that are realistic but also satisfy the residents. 01:01:03
Of the community. 01:01:09
Also on page 24. 01:01:11
In May of 2015, Professor Larry Dior of Purdue University spoke regarding local government finances. 01:01:13
In his discussion, he addressed the attributes of land use employee counting key points from the discussion where the fact that 01:01:20
Floyd County has one of the lowest property taxes in the state of Indiana and it has smaller than state average of taxing entities 01:01:27
and this is important. It has smaller than average amount of commercial and industrial lands available. 01:01:34
So. 01:01:42
The comp plan kind of identifies also a number for the planners for Planning Commission. The board zoning appeals to 01:01:43
commissioners. 01:01:46
Because it talks about all these new amenities, but they don't raise taxes or anything important. 01:01:50
Well, an idea is that the Highlander Point and Edwardsville Gateway trip which is adjacent to this property. 01:01:56
Brings in about $119,000 a year. 01:02:02
About 400 properties that exist. 01:02:05
That that was the revenue spent last year. 01:02:07
It's in the package. 01:02:10
This development right here is going to be somewhere in the neighborhood between 4:00 and $5,000,000 if you extend. If you extend 01:02:11
the TIF, you can capture probably $40,000 a year. 01:02:16
With $140,000 a year you can create grants for local businesses, you can upgrade facades, you can do a lot of things if the other 01:02:21
community communities are different. 01:02:24
Are you about getting about done? 01:02:30
For the next steps. 01:02:34
Of the of the 10 guiding principles on page 27, the three paramount principles for Floyd County to meet the state of community 01:02:36
values over 3. 01:02:40
Preserve open spaces and farmland, strengthen and direct development toward existing communities, and foster distinctive, 01:02:45
attractive communities with strong places. 01:02:48
Sense. Sense of place. 01:02:54
We could have actually maximized this even more. And when we chose not to, to try to keep some level of green space out in front 01:02:55
of the detention basin, extended our buffer yards on either side. So we feel like we, we, we need those. 01:03:02
I'm not going to belabor the point. I think you will kind of get the ideas I've been. 01:03:09
Been up here kind of reading and reciting but I want to make sure to make a record. 01:03:16
Clear record At this time I'd like to put into the record exhibits one through. 01:03:19
Well, a lot of it's been presented the case law to be other documents that I've presented to. 01:03:26
And I don't know if. 01:03:36
You have any questions for the engineer or for just an industry, correct? 01:03:38
OK. Does the board have any questions? 01:03:42
I've got a couple. 01:03:47
First, do you already own the land or is this contingent on purchase? This is contingent on if it's approved. We'll we'll close 01:03:49
and we. 01:03:54
And you mentioned that. 01:03:59
The site work would be extensive and the cost would be extensive. If this was developed as residential, how is that any different 01:04:02
than? 01:04:06
Basically scraping everything off and adding a bunch of parks, gate infrastructure. I don't understand how I'm saying this would 01:04:11
be expensive. 01:04:15
This doing the site work here because if you look at how the length of the the pads themselves. 01:04:20
There's going to be additional site work that need to be had. 01:04:27
For a mini storage versus 4 homes. 01:04:30
OK. 01:04:34
I thought you were making the the argument that this is. 01:04:36
Better than the home, so I misunderstood. 01:04:39
That's it. That's all I can. 01:04:47
One, sorry, one other question, yes Sir. Is there any consideration to why are you going variance versus zoning change because 01:04:49
it's a prohibited use. So even if we went into a rezone that wouldn't allow this within the base of zoning, it is in the 01:04:55
Edwardsville overlay and in that within your zoning ordinances prohibited using. So you would have to seek A use variance. We 01:05:01
actually discussed this Nick and I regardless, even if it was rezoned, it would be back before you all anyways. And so either way 01:05:06
it was going to be before this board. 01:05:12
OK, thanks. 01:05:19
One question that I have is the orientation of the building. With all the slope that's on that property. It seems like the 01:05:23
building drop should be rotated 90° in my opinion. 01:05:28
I don't disagree with you, but what we were, I don't know how you're gonna have to have retaining walls or something to hold this, 01:05:34
to build all those buildings. So what we were trying to do, Sir, is limit. 01:05:39
Anything that the rest of the. 01:05:44
Surrounding property on the western naval side would see and maybe at the end of the day we come back and rotate them. The most 01:05:46
important thing that I, if I were a neighbor is I would want you know. 01:05:51
The long lines of which would be essentially a fence of brick. 01:05:57
And then what you do on the insides of? 01:06:01
I think would be OK depending upon how the site. 01:06:04
OK. That was my concern because there's pretty good steep hill there. And how you? 01:06:07
I couldn't figure out how you're going to do those unless you've done a lot of dirt, dirt work. There would be a substantial 01:06:15
amount of dirt work. And then the other piece to this, remember when I first introduced a cyclone? 01:06:19
We don't intend. 01:06:24
To maximize and build 90,000 square feet. 01:06:26
I mean, our first phase will probably be around 30 to 36,000. 01:06:29
And then if it builds out, then we'll maybe move on. 01:06:32
Because there is a substantial amount of dirt. 01:06:36
To be had. 01:06:38
OK. Thank you. Thank you. 01:06:41
Is there anyone else here to speak in favor of this? 01:06:43
Please come forward, state your name. 01:06:48
Yeah, my name is Garrett Dunaway with. 01:06:57
Lock commercial real estate. My address is 1190 Wildwood Blue. 01:07:00
Northwest Portland, IN 47112. 01:07:04
My client, Larry Ragland, hired myself and LOP Real Estate to market and sell the property that's being discussed today along W 01:07:08
Kneeball Rd. 01:07:12
We first put it on the market late 2022. We garnered a lot of interest in the property and we've been under contract three times. 01:07:17
It's falling apart those contracts for various reasons. 01:07:22
The first time under contract, the user was looking to use the property for a trucking company, but the county engineer ended up 01:07:29
denying this use as the roads weren't wide enough to support semis. 01:07:35
Second time under contract, the buyer was looking to use the property as multifamily or assisted living. 01:07:42
However. 01:07:50
During his due diligence was trying to find out how close the sewers were. I knew they were in the area but we didn't know what 01:07:52
the cost would be for that. 01:07:56
Ultimately, this buyer, that buyer was, it was too expensive for him. 01:08:00
That brings us to the third time under contract. 01:08:07
As Jake said, initially looked into multifamily use. 01:08:10
Knowing the potential issues with sewer, however, we ran into that next issue of water pressure. As the site currently sits, you 01:08:14
can only put about four homes on the property due to the water pressure. 01:08:20
Due to the lack of utilities and the infrastructure at this property, it really narrows the uses of the. 01:08:28
This this side of the corridor. 01:08:34
Has really lacked development and this is an opportunity to develop this side of the corridor that can benefit Georgetown as the. 01:08:37
Georgetown community continues to grow. 01:08:46
Myself and LOP Real Estate believe that this is the highest and best use for the property. 01:08:50
That can benefit the community and it makes sense for the buyer, makes sense for the seller, and it makes sense again for the 01:08:57
community as it continues to grow. 01:09:02
Thank you. Thank you. 01:09:07
There's somebody else there. 01:09:09
Please come forward and let's try and make it short as we can. 01:09:11
All right, as Garrett, I'm the property owner. I'm Larry Raglan, 1404 Edwardsville, Galena Rd. So I live just 2 1/2 blocks around 01:09:17
away from the property. Now the, you know, return on investment. Just a reasonable return. And I'm not going to lie to you, when 01:09:25
we when I bought this land and my partner nine years ago, yeah, I wanted to get the biggest bang for my buck and. 01:09:33
You know, when again, we went through all those different phases, but what I'm hearing now and being in the community and I drive 01:09:43
by this place every day. 01:09:47
On my way home. 01:09:51
You're looking at. 01:09:53
You know, hold on to it, my partner. Let's hold on to it. Eventually developments come in. We can get a Big Bang for our bugs with 01:09:55
sewers and water pressure. But when I saw this development by Mr. Elder. 01:10:02
You know, I was willing to, you know, go back to just that, you know, reasonable return on investment and drop the and drop the 01:10:11
price. 01:10:15
I hear all the time it's too crowded, there's too many apartments, the traffic is terrible. 01:10:20
This is the best. 01:10:27
His development to me, is the best of both worlds. I don't have to hold on to it and wait it out. 01:10:29
It's a nice facility. They've done their leg work for sure and. 01:10:36
I look at it as a much needed. 01:10:43
Uh, structure with low impact traffic and. 01:10:47
Trust me, I drive that every day and the traffic is is terrible. So that's my spill. OK, Thank you very much. Is there anyone else 01:10:51
speak in favor? 01:10:56
OK. If not, need to hear from those opposed. We're going to have time limit. 01:11:04
Are you going to reset it there? 01:11:11
OK, you want to go for. 01:11:15
You stood up first. Come on. 01:11:17
State your name. 01:11:19
Hold on, Hold on, hold on. Sorry. 01:11:22
Say your name to microphone please with your address. 01:11:28
My name is Ruth Shamaker. I live on 1412 W Canaveral Rd. My property was the largest piece of property there. I have 20 acres and 01:11:31
I am north of what they're wanting to build this on. I reject this proposal in contrary to the existing zoning because it is 01:11:39
residential and. 01:11:47
Suburban. Whatever it is, anyway, I. 01:11:56
I feel like it is very bad on that hill. And then my property, I have a slope, a good slope that's going to be coming from that. 01:12:00
And it also the water that comes down goes into my Creek, it goes into my spring, spring there. It flows into the lake that the 01:12:11
people are swimming with. And I feel like this is not what is good for us. They talked about the. 01:12:21
Truck Well, this is all still going to flow into my property and the people that live below me. It just is not good for them. It's 01:12:32
just a rolling hill. 01:12:37
And I think it just interferes with. 01:12:43
The public use of our property and until someone buys all that property. 01:12:46
Below me or whatever. 01:12:51
Then they can start seeing what they want to do with it. But I feel like that this should be rejected. It is unhealthy. 01:12:54
I don't know what kind of lights they're going to have or anything like that. And. 01:13:04
I just. 01:13:08
Totally against it. It's just. 01:13:10
Something that should not be there. 01:13:13
OK. Thank you very much. 01:13:15
State your name and your address. 01:13:18
Rebecca Hernandez 1312 W Knavel I'm opposed to this due to the water. 01:13:22
Umm, they say that the drainage is going to be sufficient. There's a lot of drainage right there at Knavel where the water runs 01:13:29
off and they start messing with that hill. 01:13:34
Is it going to make my basement flood now? Because I mean in that puts. 01:13:41
The pond that they plan, is that sufficient to hold the amount of water? 01:13:46
That they're going to disrupt on that pervious ground and make it all impervious. You're talking 6 acres and they say they don't 01:13:52
intend at this point, but once they get the OK, they can expand it to the full expansion. 01:13:59
It affects. 01:14:08
Neighbors properties, it affects the lake and there's children that swim there. There's lots of studies on warm storm water. Rain 01:14:10
off, run off. 01:14:15
I have one from Purdue, one from Penn State if you would like them. I don't have copies for everybody. I have one copy of each. 01:14:21
That I you want to submit it to the board and you can do that. 01:14:30
If this is approved. 01:14:43
I would request. 01:14:46
A tree border around the whole perimeter, front and sides. 01:14:48
At least 10 feet tall trees. 01:14:54
To help with the water. 01:14:56
That is a very steep slope. 01:14:59
And we don't have any information on what their. 01:15:03
They just say it's going to meet Floyd County guidelines. 01:15:06
That's very vague. 01:15:10
I would like more information on that. 01:15:14
How they intend to meet the guidelines for the water that's going to affect all the residents in that community. 01:15:17
And across, directly across from where they intend the driveway, the roads very narrow. 01:15:23
There is no apartment complex. 01:15:29
They're talking future when? 01:15:31
20 years from now, and in the meantime, the community that actually lives there has to. 01:15:34
Deal with all the water issues, the lights. How many lights are there going to be all night long? 01:15:41
Because it's going to be secure. 01:15:47
So that means it has to be lit up. 01:15:50
What we don't have any information on this? 01:15:53
And it affects and yes, they want to say that there's a business right there, the animal shelter, it operates in a home. 01:15:58
Like business front, it's a home front. 01:16:05
The only business close to that is the mobile Home Park. 01:16:09
Which is not cat is not right across or directly across, it's kind of on the corner. 01:16:14
So this would be pushing the business district into our residential community even further. 01:16:20
OK. Thank you very much. 01:16:27
Please come forward and state your name and your address. 01:16:30
My name is David Howell. I live at 1506 Pertle Drive. 01:16:34
I'm one of the people who live in this little lake that you're speaking about. This lake is home to about 25 homes. It's used 01:16:39
extensively through the summer. Kids are swimming in it all the time. If you've been back through that area, you will realize 01:16:45
there is a very steep hill from the top his the property that they're Speaking of. It is the high point, the entire area and 01:16:52
everything is flowing down that way. 01:16:58
We're concerned about keeping the lake clean because we do maintain it. We put money every year for fish, for algae control. We 01:17:05
truly take care of the land. It's also a good source for the wildlife. 01:17:12
So Bert file in particular. 01:17:20
But our biggest concern is. 01:17:22
Keep the light clean. Also there is a very low point right at the front of the lake where if we do get extensive amount of water 01:17:25
coming down that hill it could possibly flood the road making it impossible. It's one lane Rd. back to another community. More or 01:17:31
less small community with that. 01:17:36
Keep them blocked off. 01:17:43
Also, if there is an extensive water drainage down that hill flooding the lake, it could damage the dam which we. 01:17:45
The overall thing is. 01:17:52
We're concerned about. 01:17:55
What a runoff. 01:17:57
And I do have some topical graphical maps showing how the high point is on their property and how it all kind of slopes down that 01:17:58
way if you'd like to see it if you wish to submit that to the board. 01:18:03
Thank you. I'll keep on to the board. Thank you. 01:18:16
Thank you, Sir. OK. Thank you very much. 01:18:19
OK. Is there anyone else? 01:18:24
State your name and your address please. 01:18:28
I'm Darlene Rush. I live at 1531 Lakeland Drive and I just want to follow up on what. 01:18:30
David said that to clarify where that high point is of the. 01:18:37
Mini shed proposed down to the lake that W Willis Rd. is the only exit. 01:18:45
Entry and exit to those dead end streets, Lakeland Dr. Lake Rd. Allen Drive in the back part of Wells Rd. Those are all no outlet 01:18:52
Denton streets. So you wouldn't be able to get dinner out you and mill get ambulance services back there. So I request the 01:18:59
environmental study to make sure we're not going to have flooding back there and then also right there in front of where they're 01:19:06
proposing on West can able that floods a lot when it rains anyway. So again, what just following up on what the other. 01:19:14
Said that all that asphalt is going to cause a lot of runoff to all the lower points unless can able. 01:19:21
Possibly back in West Willis, possibly into the lake and what David said about containing lake, which has been very clean, we 01:19:31
tested every year. 01:19:35
Cleaner than most of the drinking water from what the biologist tells us and and then the day. I'm just reiterating that that 01:19:39
we're unsure of how much water would go into there and possibly cause the problem. 01:19:47
OK. Thank you very much. 01:19:55
Is there anybody else has anything any different? 01:19:57
OK. If not, we're going to close that portion. 01:20:00
And if you want to come up and. 01:20:04
Address what they were talking about. 01:20:08
Yes, thank you. 01:20:11
All very reasonable concerns. 01:20:13
And, you know, this isn't our first development. And, you know, lights, drainage and water runoff. 01:20:16
There, I mean, that's every development. 01:20:24
So Floyd County does have standards that we have to file. 01:20:26
You know we're not going to have lights bleeding off the property. 01:20:29
It is going to be a secure 24/7, gated up front, limited access in the evening. 01:20:32
And so no whites would be able to be bled off. We want to keep everything on site, probably at the end of the building's, not 01:20:38
anything facing the road. 01:20:42
Also with the drainage there is Floyd County drainage walls are actually more stringent. 01:20:47
In a while, you know for good reason and any development we do will be a pre and post runoff that we're going to have to meet. 01:20:53
We've already retained Heritage Engineering, who's one of the top engineering firms in the area, and they would be able to work 01:21:00
with the county to make sure the plans met. 01:21:05
The standards. 01:21:10
And in regards to the lake, with being on the other side, that would be something that would be taken into consideration. 01:21:11
During the drainage plans to see what, if any, water runoff would get there, again, we would have to meet. 01:21:17
All of the approved and. 01:21:23
And all the requirements are acceptable. 01:21:26
That helps answer some of those questions. 01:21:29
Any other questions? The so the retention pond is there was there any? 01:21:34
Calculations into your estimate here. Is that just a place also? 01:21:38
This is more of just is the use approved? If it is, then we move forward and have a development plan approval. We're going to have 01:21:43
to go meet, you know, might even be back either before the planning commissioner working with Mr. Creed to make sure that 01:21:47
everything is met. 01:21:52
You know, we'll submit our plans, we'll send them out to their third party engineers, we'll have comments, they'll get it back to 01:21:58
make sure that everything's taken care of. 01:22:01
OK. 01:22:07
I just clarify that state your name and Justin Anderson crap. 01:22:12
126 W Spring Street. I was just saying we're not requesting a variance for drainage. And as you know, the drainage ordinance is 01:22:18
the post runoff is likely to be less with your drainage ordinance. 01:22:23
So that's not really before the board of. 01:22:29
We're intend to comply with that. 01:22:32
OK. Thank you very much. 01:22:34
And once again, I'm going to state we do not have a full board. 01:22:38
And it takes three to pass, and if it would happen to fail, it would be a year before you can come back again. 01:22:42
You want to move forward. 01:22:56
Does the board have a ballot? 01:22:58
BJP. 01:23:06
Don, could you come up to the mic please? 01:23:37
The. 01:23:48
We've listened to a lot of arguments here tonight. 01:23:51
And when I'm preparing my ballot here. 01:23:54
My probably my biggest thing is the fact that this is in the gate, the Edwardsville Gateway District. 01:23:58
And that makes us totally different. 01:24:05
Even though we say all this stuff in the comprehensive plan about maintaining rule, this, that and the other the comprehensive. 01:24:09
The Gateway District has a very different set of standards to it in my opinion. 01:24:15
It does and I am. I guess I want to feel confident. 01:24:20
That saying this is in that gateway district. 01:24:24
And it leads. 01:24:28
It doesn't meet our standards for the Gateway District. 01:24:31
With your office supports that. 01:24:35
I can give you a little bit of background, OK, a little bit of background with 2011, 2000. It was 2011 that the county conducted 01:24:38
the Gateway District plan. 01:24:44
That included three sections for that, for that gateway, that included the Town Center section, which this property is located 01:24:51
adjacent to, included the campus component, which is the Noble Park campus. And what were the average of schools considered? I 01:24:58
think the Old Town a component of it. 01:25:05
The rationale behind that was that to create distinct. 01:25:12
Gateways into the community. There's only two that the county has control from planning. One is the one is a Highlander Point area 01:25:18
right after the Greenville exit and this exit off the Edwards. 01:25:23
And Georgia? 01:25:29
So the underlying plan was to create a commercial area that had mixed uses that had a Town Center type of approach was. 01:25:31
Was the rationale. So it had some distinct and it was a distinct. 01:25:44
Area. 01:25:48
Why they had? 01:25:50
Sub sub plan for that area. 01:25:53
So do you believe that this would substantially interfere with that plan for the gateway village that the county has? 01:25:56
At the time, the county planner at that plan, yes. 01:26:05
Thank you. 01:26:11
OK. 01:26:14
You have a ballot. I have a ballot. 01:26:15
He wants to come back up. 01:26:21
It's it's closed. 01:26:24
So I get to ask. 01:26:27
It's I don't, yeah. You guys can't allow him to state something. If he wants to state something, he doesn't get to the staff. 01:26:30
I would think so, since there was a statement. What did you say? I would think we should allow this. 01:26:40
Just a couple minutes, OK, It's going to be real quick. So this is actually a good conversation that I had with Mr. Creeby. I know 01:26:49
you won't have that benefit and you were probably responsible for this being adopted, Mr. Loud, but. 01:26:54
The gateway itself, I do find interesting this property when he talks about the three different areas, this property isn't even in 01:27:00
that area. So the Town Center this is adjacent to, it's not in the Town Center. I will agree with you there. 01:27:08
In this what happened with the gateway is then they came through and just made a big circle around the three different just to say 01:27:15
hey. 01:27:20
I think I can address that question. 01:27:25
Gateway was part of the original 2006 Sony. It wasn't. It wasn't an addition to the 2011. So that Gateway District was created in 01:27:27
2006 and then the. 01:27:33
In MSK, MSKS or M I'm sorry came back with the plan for that. 01:27:40
But the overlay district. 01:27:47
Great as part of the original changes of life in 2011. 01:27:49
My last comment is I think this would be a good catalyst. 01:27:56
Again, I've lived off the exit. There's been zero significant development in that entire corridor for well over a decade going 01:27:59
from 64 to West W Conangle Rd. The free market should dictate within reason and what is allowed. You know, if you look at the 01:28:07
plan, while I love the plan, it looks like it's calling Indiana. We're not Carmel, IN. I live here and you know, we continue to 01:28:14
just rely on the studies that we pay for. And I would like for anybody to look and say what significant development has been been. 01:28:22
From 62 through W Kneeble Rd. in that Town Center area. But I'll leave with that. Thank you all so much. Thank you. OK. Mr. 01:28:29
FC-1124-48, Petitioner Elder Company, LLC. 01:28:37
After careful review, the Board finds that number one, the special exception, will be injurious to the public health, safety, 01:28:45
morals and general welfare of the community because the property is currently served by a three inch water line with near the 01:28:50
nearest line at least 1500 feet away. 01:28:55
Georgetown Fire Department provides minimum land requirement. 01:29:00
To serve the development of this nature, to be 6 inch line with a hydrant within 400 feet of the building. 01:29:04
#2 The use and the value of the area adjacent of the property, subject to the special exception, will not be affected in 01:29:11
substantial adverse manner. Because the proposed use is relatively low impact with low traffic generation, it will not generate 01:29:17
nuisance, noise or smells and will be required to meet stormwater standards. Storage is a reasonable use with proximity to multi 01:29:24
family zone property and would be located next to an existing general commercial property. 01:29:30
#3 The need for the special exception does not arise from some condition procure you to the property involved. 01:29:37
Property was recently split from the homestead to to the northwest and has since remained vacant. The property is suitable for 01:29:43
residential development consistent with the zoning and with current infrastructure. 01:29:49
Allows up to four homes to be located on property #4 the strip application, the terms of Floyd County zoning ordinance. 01:29:56
Will not result in unnecessary hardship in the use of the property because the property is currently suitable for single family 01:30:05
development and a joint single family developments. 01:30:10
#5 The approval of the special exception will interfere substantially with the Floyd County Comprehensive Plan. 01:30:16
Because the proposed use is expressly prohibited in the FCCO for Floyd County Gateway Overlay District, the use does not fit into 01:30:22
the planning. 01:30:27
Documents for the area and is and is inconsistent with the district. Intense. The intent the use is low is a low intensity and low 01:30:32
traffic use. This is a gateway district and adjacent to the Town Center. Concept identified economic growth areas. The use would 01:30:38
not create significant active economic activity desired in a growth area. Aesthetically, the use would not be consistent with the 01:30:45
existing planning guidelines. 01:30:52
The use presents characteristics more consistent with industrial warehousing than aesthetic rule. Neighborhoods orientated 01:30:59
commercial with multi large structures, low traffic volumes, security fence and limited landscaping and metal facades. The 01:31:07
property also lacks necessary infrastructure for Fire Protection, water service. 01:31:14
The Board of Zoning Appeal hereby denies the petitioner special exception that the meeting held on the 9th day of December, 2024 01:31:22
that completes my ballot. 01:31:26
OK, you heard the ballot. Is there a second? 01:31:31
I'll second. 01:31:35
OK. It's been moved in second. 01:31:37
All in favor signify by saying aye, aye opposed same sign. 01:31:40
It's been denied. 01:31:45
Thank you. 01:31:47
So on these, I guess these are all moot. We don't do anything with the next. 01:31:49
I assume you're willing you're wanting to withdraw those at this point in time. I would love to table them. 01:31:56
I'm sorry, I would love to table them. 01:32:00
Indefinitely until it's read. 01:32:03
I don't know if we can table them indefinitely. 01:32:06
So I'll move to the drill. 01:32:09
OK. OK. Thank you very much. Has moved to withdraw items. 01:32:11
Just for clarification, 4 through 7, is that correct, Mr. Elder? 01:32:15
Question. 01:32:20
If for some reason we're back here within the year, we have to repay our fees. 01:32:21
For those who've been on the standard variances or is it just a simple, I will leave that to staff to answer that for you, Mr. 01:32:26
So. 01:32:38
What? Why don't we do this? Why don't we table it for this month since Nick's not here and next month Nick can answer that 01:32:39
question for us. OK, Thank you all so much. So if you guys can move to just table those pursuant to the applicants requested to 01:32:45
your motion to table, I make a motion to table 4 through the remaining 4 through 7. I'll second. 01:32:51
OK, the motion has been made. All in favor. Second five to say aye, aye. Opposed. Same sign. Thank you. We can let Mr. Unruh come 01:32:57
in. 01:33:02
I guess we just need a motion to adjourn. 01:33:12
Say there's no more, isn't the 4th floor? 01:33:24
OK, thank you. Cheers now. Alrighty. 01:33:30
So we're down to, we've finished through seven, they tabled 4 through 7. So you're just down to whether there's any more business 01:33:33
by the staff. 01:33:37
Don, anything else from the staff that we need to go over tonight? 01:33:43
If that's the case, I ask for a motion to adjourn. I'll make a motion. I'll second it. Motion is second. All in favor signify aye 01:33:47
aye. Those opposed likewise. Thanks guys. Do you have a copy? 01:33:53
Gabrielle. 01:34:01
Any of this I have no. 01:34:03
The minutes we need those signed as well. Do you have a copy in your packet by chance? 01:34:07
Yeah, I'm, I'm looking. 01:34:13
You got that one. 01:34:16
You got that? 01:34:19
That one these blue. 01:34:24
You get the Yeah, I have that one. 01:34:29
I think that's it. 01:34:31
I think that might be. 01:34:36
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FC-11-24-52 - Elder Co.- DSV Transparency General Document
FC-11-24-51 - Elder Co.- DSV Lot Coverage General Document
FC-11-24-50 - Elder Co.- DSV Primary Structures General Document
FC-11-24-49 - Elder Co.- DSV Building Material General Document
FC-11-24-48 - Elder Co.- SE Mini Storage General Document
FC-11-24-46 - Aqua Indiana- SE Application General Document
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Some of the chest pressure had about 4:10. 00:00:00
Yeah, yeah. 00:00:05
Neelam. 00:00:09
Okay. 00:00:11
All right. Good evening, everybody. At this time, we're going to call to order. 00:00:54
The December 9th Board of Zoning Appeals. At this time I'd like to stand and do the pledge allegiance. 00:00:59
I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, 00:01:08
indivisible, with liberty and justice for all. 00:01:14
All right. Thank you very much. All right. This time roll call please. 00:01:21
Dear here, here here. 00:01:26
Here. 00:01:30
All right, just kind of. 00:01:33
On just kind of. 00:01:37
Housekeeping here. 00:01:39
Our Nick Creeby, his wife, is in the middle of having a baby, so Nick's not going to be here tonight. Don is going to stand in for 00:01:41
him. 00:01:45
Bill White's not here tonight, so I'm actually acting as president. 00:01:50
And so you'll just have to put up with a. 00:01:54
#2 not #1 so. 00:01:58
Try to do the best I can. So at this time we I need a approval for the minutes of November. 00:02:01
I have a correction on page 2. OK. 00:02:08
I guess fourth line down, says Mr. People, Hauser recused himself from the air ring of property. That wasn't Mr. Bieber Hauser. 00:02:14
That was me. 00:02:18
So we need to get that changed so. 00:02:22
Duly noted. So we have a motion with. 00:02:26
Correction. 00:02:30
I need a second I'll second. 00:02:32
And a second all in favor signify by aye, I cannot vote. I was not here last month, so all right. 00:02:34
OK, first item on the agenda is old business agenda item one FC-10-24-44 an administration administrative appeal. And Don, you 00:02:42
help us out please. Good evening. Don Lock, director of planning and operations before you is FC Docket 10-24-44. The sporting 00:02:49
club at the farm is my understanding talking with staff that notice was to be provided to to the joiners and other property 00:02:57
owners. 00:03:04
According to Miss Adams, as of the start of the meeting, the petitioners had not provided that notification. 00:03:12
So with that. 00:03:20
Since 9 was provided to the office and I understand that was part of the requirement, the board has the. 00:03:23
Ability our authority to table that matter until they do provide notice or we can speak with Miss Fox on. 00:03:30
An alternative method moving forward, but that's not a. 00:03:39
As of right now, we do not have notice. 00:03:44
So thank you guys. Choose to table it without sufficient notice. Just motion to approve it the table and you can ask them. 00:03:48
Do you just, can you just say, can you deny it? 00:04:00
Or do you move on? Or do you just table? 00:04:04
Oh, I think that's from the. You can ask them if they have that notice but they just come forward. State your name and address for 00:04:08
the records. You will Sir, please. 00:04:11
Yes, Sir Joe Craig with Sporting Club at the Farm, 7209 Leafland Place, Prospect, KY. We reached out to the office twice two weeks 00:04:16
ago. We had not received an updated letter to send out. The only one we had was dated for the November meeting, so we did not 00:04:23
receive a new one. And then we got noticed last week from Nick's office saying that they had not gotten noticed from us, that we 00:04:29
had not set them out and sent the letters out in time. But we were never provided with a updated letter to send out. 00:04:35
OK. All right. Thank you. Thank you. 00:04:43
I make a motion that we table it till next month. I'll second. OK, we have a motion a second. I'll signify by the aye aye. Those 00:04:46
opposed likewise. All right, stable. Thank you. Sorry for those who made a trip apologize. 00:04:53
OK. 00:05:01
We'll let we'll let the room clear out for this item. 00:05:08
Hey, Cortana, last minute. They were supposed to do that. 00:05:14
I understand, yes. 00:05:18
Well, they're they're not all. 00:05:22
Yep. 00:05:25
Looks like they've been done since 2019. 00:05:28
All right, next. 00:05:41
Next item is item 3 through 7. 00:05:44
#3 through 7, correct? 00:05:50
I'm sorry, I'm sorry, I'm sorry. 00:05:53
My bad, I skipped 1. 00:05:55
Next item is agenda item 2. 00:05:57
FC-11-24-46 Special exception. 00:06:02
Done once again. OK. And just for my edification. 00:06:08
Mr. Creeby also provides a staff report upfront as part of his this part of the presentation. 00:06:15
All right, so you have DOC and IMF C11-24 dash 46. The petitioner is Aqua Indiana Limber Release Sanitation Sanitary Works, Inc 00:06:21
Location is Tanglewood Dr. Floyd Knobs 47119. Tax ID number is 220400700034.000006. The request is for a special exception which 00:06:31
is a use variance, an expansion of a legal non conforming use. The district is residential. 00:06:40
And so the overview of the. 00:06:51
Case or the docket is the applicant is requesting to expand an existing legal non conforming use. The applicant is requesting to 00:06:54
build a small office to assist in the operation of the existing wastewater treatment plant bill prior to the implementation of the 00:07:00
2006 Floyd County Zoning ordinance. 00:07:06
The office will be a conversion of a manufactured home with a four area of 713 square feet. 00:07:13
Adjacent Properties The property is located to the north of Wimberley Woods Subdivision, zoned Rs to the northeast of Charlotte. 00:07:20
Charlotte Ridge across Creek to the north and east are rural residential zones, single family lots. Into the West is a rural 00:07:28
residential zoned undeveloped lot. 00:07:34
Does he go through each annulment of the best so his the staff findings, the special exception will not be injurious to public 00:07:42
health, safety, morals and welfare of the community building. 00:07:49
Project will facilitate the operation of the utility. The structure will be built Apple to applicable building code and not create 00:07:56
any physical hazards to nearby properties. 00:08:01
The use of value of the adjacent area adjacent the property subject to the special exception will not be affected in a 00:08:07
substantially adverse manner. The site is is the location of the wastewater treatment plant with utility structures. Addition of a 00:08:13
small office building will not significantly. 00:08:18
Significantly alter the use of property. The need for the special session does arise from us from some condition peculiar to the 00:08:25
property involved. The use is a legal, non conforming use since it was constructed before current zoning restrictions apply. The 00:08:31
strict application of the zoning of the terms of the Floyd County Zoning Ordinance will result in an unnecessary hardship in the 00:08:37
use of the property. 00:08:43
Expansion of legal non conforming uses. 00:08:50
Require a special exception approval The approval of a special exception will not contradict the goals and objectives of Floyd 00:08:53
County Comprehensive Plan. The approval will support the operation of a utility providing adequate infrastructure to the 00:08:59
community. Staff Recommendations Maintain wooded screening of the structure from neighborhood neighboring properties. Provide 00:09:05
additional vegetation screening of the proposed structure to include Evergreen trees a minimum of 6 feet in height to the 00:09:11
structure in any roadway. 00:09:17
And that is the staff report. 00:09:23
All right, Thank you. Anybody have any questions for Don? No, no, but a question, Christy, because we don't have a full board, we 00:09:27
need an offer to make that offer. Yeah, of course. So the applicant does have a right to be heard by the full board if they choose 00:09:32
to do so. And that applies for all the agenda items this evening. If you wish to table your item till next month for a full board, 00:09:38
you most certainly can do that. You would need to let the board know that prior to them taking the matter under consideration of 00:09:43
voting on it. So. 00:09:48
If that is something that the applicant wishes to do on any of these agenda items, please let us know. 00:09:54
So we can take care of that. 00:09:59
Thank you, Christy. 00:10:01
No questions for Don. 00:10:03
OK. 00:10:06
At this at this time the applicant can come forward. 00:10:07
State your name and address for the record Sir, please. 00:10:13
Yes, Sir, Scott Cycle, Midwestern engineers representing Aqua Indiana and Wimbledon. Wimberley Sanitary Works. 00:10:17
I address is 6809 corporate Dr. Indianapolis, IN 46278. 00:10:26
I have nothing to add except for specific questions from the board as long as there's a quorum present and the board can. 00:10:32
Act on this special exception tonight. I have no issue going to a full board, so as long as that's not an issue. 00:10:41
I won't, I won't request to go to so they have everybody can, everybody can vote. 00:10:50
Nobody has recused themselves at this point on this agenda and you do have a quorum, which is for it, Desert car, three of them to 00:10:56
vote in favor. The other thing that I did want to pass along. 00:11:01
In correspondence, we had not submitted, sorry, we had not submitted our orange or these green cards for that yet, but I did want 00:11:07
to. 00:11:12
I did want to state to this board that there were six that were not returned. One of those was returned as undeliverable, so we 00:11:21
did receive the letter back, but the other five we never received a card back from. 00:11:27
Are descendant. 00:11:36
Right. So as long as you have proof that you sent it, then you're yes. Yeah, we had some. 00:11:37
We did send scans of the certified letter receipts and then those green cards in response. 00:11:46
Yeah, go ahead, you're finished. Yes, Sir. Any, any questions I'll be happy to answer. 00:11:57
OK. This, this building that you're putting up, is that going to be like a mobile home basically or what is it? 00:12:02
So it is a pre manufactured unit. 00:12:13
We're designing the foundation right now to go through Department of Homeland Security for the foundation release, but it will be 00:12:17
delivered and then anchored down to the foundation, which will be a slab foundation. So it'd be a slab. What would block then on 00:12:24
top then or what? Or we're not fully through design of the foundation yet, but my. 00:12:31
Impression of what it will look like is a slab, and then the building will actually be anchored to the slab as opposed to built up 00:12:39
on block. 00:12:43
Unless there's a requirement to raise that finished floor to a certain elevation. 00:12:49
Well, that's what I was looking at. It's pretty low there. I was wondering about flooding in that Creek there. Yeah. So we'll take 00:12:53
a look at that, but. 00:12:57
Our first step was to get through this process before we we came through the rest of that. 00:13:01
Yeah. The actual elevation that you see next to the plant is probably 4 to 5 foot difference in your 40 foot out and 46 foot. So 00:13:06
we're, you know, almost 9090 foot. 00:13:11
And that's at least 5 foot difference in elevation. 00:13:17
From one end to the other, yes, yes. And it's in a flood. It's in a floodplain or floodway or something. It's right next to a 00:13:21
Creek, so. 00:13:24
We're concerned that what you're going to set that on. 00:13:29
If you're saying a slab that would be it almost looked like a little treatment plant. 00:13:35
Digesters or something, you know, maybe a huge slab of concrete that would be exposed. So we're just wondering how that what I 00:13:42
mean that's that's going to really look. 00:13:46
Out of place, right next to the entrance of the road. 00:13:50
So we will take elevation under consideration at that design time and then when we get to building Commission, we can go through 00:13:54
that with them at that point. 00:13:58
Would you ever consider putting it inside the fence in front of your in front of your one block building that you have there that 00:14:02
would already be in the fence. 00:14:07
We were up there today, the gate was left open and the building was unlocked and unattended. So, you know, probably more more that 00:14:12
we can get inside that secured area would probably better for, for the for the public. 00:14:18
And you know, you may have to go to a smaller trailer. 00:14:26
And then I will ask my next question to you first. 00:14:29
May I approach? Sure absolutely please. 00:14:34
So this is kind of our. 00:14:37
Your your suggesting just slide it right if you can put it, if you can put it in right next to that, that building outside here, I 00:14:41
think you got enough room you can pull your electric right off of that and it's going to save you a ton of money. 00:14:51
See if they are, I'm not sure exactly the use of this building or what it's your motor control centers and your electrical and all 00:15:00
that good stuff is what's in there. So I mean, you couldn't block the door, which each does say excess. 00:15:06
But then what, what comes, what question that we had is what's changed with this operation? 00:15:12
From now versus you know? 00:15:19
Five years ago is is this building going to be used for a full time staff or temporary staff? I cannot totally speak to what Aqua 00:15:22
is going to do full time or temporary. I do know that they have a desire to have more of a presence in this. This isn't the only 00:15:28
treatment plant they have in this area. 00:15:35
So this seems to be a logical point for them to place someone to be able to address all of their sewage facilities. 00:15:43
I mean, normally these package plants, I call them can't afford a full time operator, correct. And so I think you know, I guess 00:15:51
when in in the conception of the state everybody. 00:15:58
I would say it would assume that it's going to be maintained by part time person and there was never going to be a full time staff 00:16:05
staff at this location. 00:16:10
And how many employees possibly would be at this location if you used it for a satellite office? 00:16:15
I would adventure to say again, I can't speak exactly to how their long term use looks like right, but I would venture to say one, 00:16:22
possibly two people they may run billing out of this for the area. So that would be a full time person that that I cannot speak in 00:16:28
any detail other than conjecture. I personally would have a hard time voting anyway on this with not having these answers 00:16:34
answered. 00:16:40
So I mean in in good spirit for the the county and doing what's right. 00:16:47
We really got to know what's going on with that building. 00:16:53
And if there's any way it could be moved inside, that's that's not. 00:16:56
And this is a newly constructed building. 00:17:00
Newly prefabricated. I'm sorry, it's newly. You're not. It's not used structuring it will be new construction, that's correct. 00:17:06
I mean the size, is that the smallest that that outfit builds or how was that determined that? I do not know, but I can find out 00:17:12
that answer for you, OK. 00:17:17
It goes along with yours. 00:17:24
Here it goes on with your concerns. Yeah, yeah, I just, I need to know more answers, but all right, So anybody have any other 00:17:25
questions for? 00:17:29
Scott. 00:17:34
Thank you, Scott. Appreciate it. So moving forward. 00:17:45
Well, we're going to let the public. We have to open up to the public. They let the public speak and then you have an opportunity 00:17:49
to come back up if you wish to ask for a table. And you do have to do that the next time you come up before they take it under 00:17:53
consideration. 00:17:57
All right. At this time, we'd like to call anybody that would like to come up and speak in favor of this project, in favor of the 00:18:03
project. 00:18:07
In favor? Yes Sir. 00:18:12
You like it? 00:18:14
OK, that being nobody now. Now we need anybody that would like to speak in opposition. Please come forward. 00:18:16
All righty, come forward. 00:18:24
And just state your name and address for the record Sir, please. 00:18:28
My name is Clyde Harrelson, I live at 40. 00:18:33
4059 Tanglewood Dr. which is the street that structure is supposed to be put on at the beginning of our subdivision. 00:18:36
Briefly, I want to stage it 20 years ago they. 00:18:44
This company came before us with a meeting about increasing our race from 35 to 60 to $80.00 a month over A2 year period because 00:18:47
they put in an extreme amount of growth. 00:18:52
The price has never dropped even though they've added on customers after customer after customer. 00:18:58
We were asked at that meeting why we aren't billed based on our water consumption like most other places that get billed for 00:19:04
sewage. They said they were working on that and 20 years later they still haven't rolled that out. 00:19:09
It was also after in that meeting how we contact them the number they had listed on their fence. 00:19:17
Was another working number. 00:19:22
They resolve that by taking the number down. If you if you were out there today you would have seen the sign announced who they 00:19:24
are. No way to get a hold of them if there was a sewage overflow. I tried to look them up on Google, couldn't find them on Google. 00:19:30
Indianapolis is the closest place Aqua is listed at. 00:19:36
Over the years, higher mode out front area. 00:19:43
Other neighbors would keep it mowed. 00:19:46
There'd be times when they didn't get their mowing done. Sometimes we'd help them out and mow it, other times we wouldn't. But 00:19:48
they're never, as a good neighbor, come over to try to help us keep our area mode. They would keep trash cans out in front. 00:19:55
The entire week. 00:20:02
Two years ago I stopped and asked them why they did that and they said there was number reason to bring him in. I said we we live 00:20:04
in this subdivision and it looks. 00:20:08
Very bad to drive into our subdivision every day and see 3 or 4 trash cans and these are these big waste cans. 00:20:13
I didn't get anywhere until I mentioned there's no way you could be using 4 trash cans a week. 00:20:21
With a wastewater plant, it turns out the employees that work there bring their trash and drop it in. Today I took a picture of 00:20:25
the four trash cans. They're no longer in our drive. They only get halfway back to their fenced in area. They used to be kept in 00:20:31
the fenced in area when the last year they don't even get that form. 00:20:37
One trash can had three household garbage bags in another one had one. Another one had one. 00:20:44
It's not fair for us to pay for their employees to use those bins as a garbage can as a as to save on their garbage. Again, that's 00:20:49
not being a good neighbor. 00:20:54
Nowhere on the plan is there mention of parking. 00:21:00
The right hand side is almost useless for parking if they just park along the drive. I don't know how that would sit well with the 00:21:04
fire department, but currently the people one or two trucks that show up during the week they park inside that fenced area. 00:21:11
Our question, one of the questions we have as a subdivision was how many people are going to be working there and of course you've 00:21:22
already brought that up. 00:21:25
The structure itself is a shed. 00:21:29
It's not a, it's not a, it's a prefab home. 00:21:31
But basically when you drop that on a on a concrete slab, you're basically putting a shed down. 00:21:35
They didn't check off on the requirements the list to include sewage. 00:21:41
I would assume they would have to have a bathroom in there, but on that special documents both items that. 00:21:46
That concern, septic tanks are not checked. 00:21:52
It's on the second page of their own. 00:21:56
They're avitated. 00:21:59
So I was concerned why they would not check that off and provide it to the county to show what they're going to do for tapping 00:22:00
sewage and. 00:22:04
Run in water. 00:22:08
The Creek does flood. It'll go into. 00:22:11
It'll go on to Buck Creek and cover it on some of the turns. So that is that does happen quite frequently. So we know we're in a 00:22:14
floodplain. 00:22:18
I like to. I like that the question was asked. Why not put it inside the fence? 00:22:23
It looks like they have enough parcel on the back of side, but it would be more expensive to clear that probably, but it would 00:22:28
look a lot nicer than having a shed when you pull into our subdivision. 00:22:33
Leaving it word if you allow them to do that and put it outside the fence. 00:22:39
We don't need decorative trees there. We need it secured some kind of fence and you, you were there today and the place was 00:22:44
unlocked that. 00:22:48
That's just not, that's just uncalled for. I mean, they've got to be better citizens than that to help us as homeowners in that 00:22:51
subdivision. 00:22:55
I would suggest, I would hope that we don't vote today and put it off another another month until they get more of these answers 00:23:03
back for us. 00:23:07
But if you do vote, I hope you keep in mind that. 00:23:10
I can't put a shed in front of my house. There's no way you would ever approve that. 00:23:14
And that's basically what you're going to do today. If you say yes, you're going to prove a **** going in front of our 00:23:19
subdivision. It's bad enough we have the cinder block plant, but that's a need for us. 00:23:24
We don't need an office building. They could rent office space anywhere. 00:23:29
Employ knobs, Galena. 00:23:33
That's all. Thank you. Sir. Can you hold on for a second? I just want to ask you a question. 00:23:37
In regards to the. 00:23:42
The flooding, the entrance that you come into that subdivision where the box covered is, does it go across that road? 00:23:45
All right. Anybody else? We still got 5 minutes and a half to. Anybody has any other that's in opposition? 00:23:55
Just state your name and and your address for the record please. 00:24:07
So having the sewer plant in your backyard is not a selling, it's not a good selling point for your home. And it does put out, you 00:24:16
know, smells that sometimes of the year. So like we don't want to draw attention to that being in our neighborhood. So putting a 00:24:23
building. 00:24:30
Out there is gonna, I think, like. 00:24:39
Raise the visible. 00:24:41
Notion that you can see that there is a sewer plant right in front of where our our homes are. So that's why I don't also don't 00:24:44
think it's a great idea. 00:24:50
Thank you. Thank you, Terry. 00:24:56
Now do we mention the letter? 00:24:58
The health department letter, I'm not sure why that's not in the file. I think that be a question. Are they not using bathrooms? 00:25:01
Why didn't why don't they have the necessary health department letter? 00:25:06
Maybe Gabrielle can answer that. 00:25:10
OK. 00:25:18
OK. 00:25:22
OK. And then next question is we have a letter from Corey Cochran. Do we need to? 00:25:27
We will have a letter from Corey Cochran as well as Alan Platt that were submitted into the record. We should have a copy of 00:25:32
those. I have a copy of those as well. 00:25:38
Just he starts out by, well, I'm writing, I write in opposition to the placement of what has been described. So I'm not going to 00:25:45
read the whole letter. Correct. And I believe the other one, Alan Platt is the same thing. They're in opposition to placement. OK, 00:25:52
what was the name again? For the record? Alan Alan Platt. Platt. 00:25:59
All right. Anybody else? We still have 4 minutes. 00:26:08
Anybody else? 00:26:14
OK. Scott, would you like come up and? 00:26:15
Point of clarification. 00:26:22
On your two letters in opposition to placement, is that opposition and placement altogether or in location as was your question? 00:26:24
One of them was just saying that I know what the one that I read said. 00:26:33
They wanted to be more appropriate. 00:26:38
And aesthetically to a subdivision as opposed to a. 00:26:40
Modular. 00:26:45
They they were, so they they wanted to look more like it would fit into their subdivision. OK. It looked more like a house. Yeah. 00:26:47
Instead of trailer, he's more against the pre manufactured building. Yes. 00:26:52
If you like, we will read this. If you'd like for us to do that, are we? 00:26:58
Do we have right to those letters? If we could just get copies, though, that would be sufficient. 00:27:05
Gabrielle, are you OK with us giving cop these two copies and you can place a copy in the? 00:27:13
You want to come look at them and just hand them? Turn for us, please. 00:27:18
Make sure they're the ones that were given to us. 00:27:22
Yeah, confirm that they're right. 00:27:25
We can turn on that fan if you want to run that thing. 00:27:33
This was something that the department. 00:27:37
If they want, that's fine. Yeah, that'll that'll work just fine then. 00:27:40
I have no other questions other than request a table so that I can answer the other questions. 00:27:51
I appreciate that we need just so that I'm clear. 00:27:57
This board. 00:28:01
Would like answers to staffing levels on this yearly basis and hours per week, is that correct? Yes, also the ability to move that 00:28:02
inside the existing fencing and then I. 00:28:09
Can we reduce the footprint and maybe use a smaller building? Yes, is that does that cover the questions? Well, I think you need 00:28:17
think you need to verify where the floor elevation would have to be as a result of that Creek. 00:28:23
You know, are you going to have, is it going to be sitting 4 foot out of the ground, 6 foot out of the ground? 00:28:29
I think you need to verify that. 00:28:37
As part of this, I don't think we're necessarily looking at a smaller building, but this 115 1/2 feet by 46 feet. That's why I 00:28:39
asked, is it a trailer? So that's that was a question on it. And I think that's their concern also, is it something like a 00:28:46
trailer? Is it actually going to be an office building or at like that? So and that goes along with the one letter you got. I 00:28:54
think you ought to consider something that's more aesthetically pleasing, more fitting with the neighborhood. Yes, yes. 00:29:01
OK. And Don, when it comes in for their building permit that will dictate how many parking places and so forth. Our regs will 00:29:09
dictate how many parking places they have to provide on it. 00:29:14
Just basically a part would be a number of employed. 00:29:21
Something will dictate. They'll be told they have to have so many parking places. 00:29:24
That's right. And that's going to require you to enlarge that, obviously enlarge that area. So if it goes outside the gate, it's 00:29:28
going to. 00:29:31
Those are all. 00:29:36
Building permission questions, is that correct? And then this is just special exception for land use, correct? OK, so tabled would 00:29:39
go to. 00:29:44
The January meeting, is that correct? Correct. That's correct. 00:29:50
Then does correspondence need to be sent so many days prior to that hearing? You do not have to re notice and you can work with 00:29:54
the staff to ask any other questions like that, but you don't have to re notice because you're making the announcement here at 00:29:59
this mean that it will be tabled assuming the board votes to table at which. 00:30:04
OK. 00:30:09
So just work with the applicants questions. 00:30:10
OK. Thank you for your time. 00:30:14
I need a motion. I'll make a motion to table this till next month. 00:30:17
Motion is second all in favor. Second by aye aye. Those opposed likewise. Thank you. 00:30:22
OK, before we get started, Don. 00:30:27
Adams I make sure I'm right this time. Item 3 through 7. 00:30:32
Christy and I have talked and her advice, I'm going to recluse myself from those items and leave the room and. 00:30:38
You'll have to take over for me, big guy. OK. All right. Thank you. 00:30:47
OK. Next item of business is agenda item number three and through 7 which is FC-1124-4811. 00:30:53
Let's just do the one, OK? It's gonna see if we could do them all together, is what I was gonna ask. 00:31:06
You through about yourself and then you have to do 3 and then you can do the development. Depending on how that turns out we can 00:31:13
decide to get to do with the other ones. OK. The agenda item FC-311-2448 Special exception applicant is requesting a special 00:31:21
exception to allow many storage in residential suburban zoned area and in the Edwardsville overlay district. 00:31:29
The Elder Company LLC, 1320 W Knavel Rd. Georgetown, IN. 00:31:37
Section 36, Township 2, Range 5 E. Would you please, Mr. Lough, give us a staff report? 00:31:44
This is docket item FC11-24-48 Petitioners Elder Company, LLC location 1320 W Knavel Rd. Georgetown, IN 47122 tax number tax IDs 00:31:54
or 220203600086.00. 00:32:03
Dash .002 and 220203600082. That point 00-002. The request is a special exception for many storage. The district is residential 00:32:14
suburban. It is also in the Edwardsville Gateway Overlay district. 00:32:23
The applicant is requesting a special exception to allow many warehouse self storage use on a residential suburban zone property. 00:32:33
The property is also located in the Edwardsville Overlay District. 00:32:39
Mini Storage is not an allowed use in a residential suburban zone in the FC Floyd County Zoning Ordinance Appendix Land Use Matrix 00:32:45
and is expressly prohibited in the Gate Edwardsville Gateway District. 00:32:52
Yes, Floyd County Ordinance 8.06 Dash 1 Warehousing and Storage are permitted uses in office, business and general industrial 00:33:00
districts in the zoning ordinance. 00:33:05
The proposal includes 13 storage units. 00:33:12
A 400 square foot maintenance unit and a 400 square foot office with a service. 00:33:15
Kiosks. The total square footage of the storage units will be 91,800 square feet. A lot coverage is approximately 69% of the 6.7 00:33:21
acre Watt 8. Parking spaces are located in front of the office with a detention base and located in front of the lot. The 00:33:28
applicant is also requesting development standard variances for building materials, number of primary structures, lot coverage and 00:33:34
building facade transparency. 00:33:41
The adjacent property to the east and southeast of properties Interstate 64 made it lead to the South is it now Edwardsville 00:33:49
Animal Clinic and a non conforming use on residential suburban zoned property operating prior to the 2006 zoning ordinance to the 00:33:55
immediate SW across W enables a single family dwelling in the general commercial zone. Clayton Homes is located behind that 00:34:01
property to the West. 00:34:08
As a single family. 00:34:15
So OK, behind that property to the West is a single family line and farm and off to the family zone property in the northwest is a 00:34:18
residential suburban single family dwelling split from this property in 2022, and to the north is a large 20 acre residential 00:34:24
suburban lot with a single family dwelling. 00:34:30
Staff findings The special exception will be injurious to public health, safety, morals and general welfare of the community. The 00:34:37
property is currently served by a three inch water line with the nearest larger line at least 1500 feet away. Georgetown Fire 00:34:44
Department provides the minimum provided the minimum line required to serve a development of this nature via 6. 00:34:51
6 inch line with a hydrant within 400 feet of any building, but recommended at least an 8 inch line. 00:35:00
The use and value of the adjacent properties subject to the special section. 00:35:07
Will he's got will not be affected except first are substantially adverse manner. The proposed use is relatively low impact with 00:35:13
low traffic generation, will not generate nuisance noise or smells and will be required to meet storm water standards. Storage is 00:35:20
a reasonable use with the proximity multi zone family property and will be located to existing general commercial property. 00:35:28
The need for the special exception does not arise. 00:35:36
Conditions particular to the property involved. 00:35:40
Property was recently split from a homestead to the northwest and has since remained vacant. Properties suitable for residential 00:35:43
development consistent with its Sony with current infrastructure, allows up to four homes to be located there. 00:35:49
The strict application of the Floyd County zoning ordinance. 00:35:56
They're both underlined. 00:36:09
From his staff report, they're both undermined. 00:36:12
So I think he's saying it will not. He says the property is currently suitable for single family developments and enjoined single 00:36:19
family developments so following the zoning ordinance would not result in unnecessary hardship. 00:36:25
The property is suitable for single family developments and adjacent, so I apologize. 00:36:33
Nick left at 4:00. 00:36:40
In short order, the approval of the special exception will contradict the GOES and objectives of the Floyd County Comprehensive 00:36:44
Plan. The proposed use is an expressly prohibited in the zoning ordinance for the Edwardsville Gateway Overlay District. The use 00:36:50
does not fit into the planning documents for the area and is inconsistent with the district intent. The use is a low intensity, 00:36:56
low traffic use. This is a gateway district and adjacent Town Center concept and identified economic growth areas. The use would 00:37:01
not create significant active. 00:37:07
Activity desired in the growth area. Aesthetically, the use would not be consistent with existing planning guidelines. The use 00:37:14
presents characteristics more consistent with industrial warehousing than aesthetically. Rural, neighborhood oriented commercial 00:37:20
with multiple large structures, low novel traffic volume, security fencing, limited landscaping, metal facades, and the doors. The 00:37:26
property also lacks necessary infrastructure for Fire Protection and water service. Staff Recommendations Denial due to not 00:37:32
meeting the. 00:37:38
Applications, particularly with the use being inconsistent with the Gateway Plan and Floyd County Comprehensive Plan and the lack 00:37:44
of infrastructure. 00:37:48
OK. Thank you very much. Does the Board have any questions for Mr. Law? 00:37:53
Mr. Bieber, has you got any questions? No, thank you. OK. 00:38:05
Would the applicant please come forward and state what you're going to do? 00:38:09
And keep in mind that we have a quorum. There's only three of us here. It takes three votes and we normally have 5 S If you want 00:38:13
to table it, please let us know. 00:38:20
I do not thank you so much for the time and for being here. My name is Jake Elder with the Elder company, 501 E Pearl St. New 00:38:27
Albany, IN. Also with me is Scott Hannah Heritage engineering and also Justin Hindrance with young women craft. 00:38:34
Before we get started acting, Mr. President, I would request that the 10 minute time period be extended and that the procedures be 00:38:43
lifted. This is a very complex issue and we want to make sure to preserve the record. 00:38:49
Board, what do you think? That's up to you all as a board to make that decision whether or not you want to extend the time. You 00:38:56
could also let it go for the time period and see where they are, I mean. 00:39:00
What do you want to do? Board up to your discretion, say let him get started and see. OK, we'll see how we do. 00:39:06
OK. Thank you so much. 00:39:11
You all are essentially a quasi judicial board, an unbiased board and it's. 00:39:14
Petitioners obligation to meet the burden as to whether or not the use of variance request should be granted or should be denied. 00:39:18
These standards are protected with the state and federal government. 00:39:26
Process, due process, civil rights, and so forth. 00:39:30
There's been a recent case in Tipton County Board zoning appeals. We hope for hurting 230 N Sea 3rd 3/22 to 20/20/28 court appeals 00:39:34
case and it talks about the type of evidence in what way you should give to it. 00:39:41
And it talks about the evidence, at minimum, must be substantial. 00:39:49
Evidence. It must be more than speculation or conjecture. 00:39:53
Gaining Damian pulled the pills actually reversed the easiest decision because the BCA board listened more to. 00:39:56
Speculation, opinion of neighbors and demonstrators versus the evidence that was presented. 00:40:03
Do you all have a copy of the petition itself in front of you where we can kind of go through the site plan and withdraw? 00:40:08
I don't have the whole thing, but I got. 00:40:17
Bits and pieces of it, but I got that drawing. That's what you're asking. They all have a copy of it accessible they've reviewed. 00:40:19
I'm happy to present as we go give any questions, OK. 00:40:26
So if we look at the. 00:40:32
The site plan itself. 00:40:33
It's 1320 W Canable Rd. We know where it's located. 00:40:36
It doesn't have water capacity out front? Or does it have sewer? 00:40:40
Availability in. 00:40:46
And so originally, we're looking at this for potential multifamily use after going through the due diligence process we landed on. 00:40:48
Many storage units. 00:40:54
We were trying to take into account the neighbors to the North and South. You'll see where we positioned the facility back off the 00:40:56
road a substantial way versus having it all the way up towards the front of the road for view shed so that the animal. 00:41:03
Hospital as well as the neighbor to the north and they're looking at their front door, they would not see that the mini storage 00:41:11
units. 00:41:14
We've also. This is more of an exaggeration of the maximum amount. 00:41:20
97,000 square feet we don't intend. 00:41:24
When building 97,000 square feet, but we did want to show what would fit. 00:41:27
On the site plan. 00:41:32
You can look for the. 00:41:33
Buildings facing West Canaveral Rd. both of those would be in essence privacy fences at least one behind built out of CMU block. 00:41:36
We've popped in some vegetation just social landscaping again that would come to the next level during development plan on how 00:41:42
much landscaping was required underneath the Floyd County development standards. Also looking just S there's a whole there's an 00:41:49
additional line of landscaping but again before the board today it's simply use variance request. 00:41:56
The very first element is the special exception will be interest to the public health, safety, morals, general welfare of the 00:42:05
community as Mr. Lot property is currently served by three inch water line in the nearest larger line at least 1500 feet away. It 00:42:10
states that the Georgetown Fire Department provides the minimum line required to serve the development of this nature to be a six 00:42:16
inch line with a hydrant and within 400 feet. 00:42:22
A way of the building. 00:42:29
If I may approach my hand you all document. 00:42:33
Thank you. 00:42:41
So if you look at this, this is an aerial map. I was able to get on the. 00:42:49
The phone was everything Water Corporation this morning. 00:42:53
It's going to be a little bit hard to see and I did the best thing I could, but on the between McDonald's and Red Roof Inn I put a 00:42:56
black dot that is the closest 6 inch water line. 00:43:02
And then if you look on the West Canable Rd. there is another fire hydrant someone provided by. 00:43:08
Reach Waterlogging. 00:43:13
So if we're looking at what Mr. Creedy stated, as well as what's positioned by the Georgetown Fire Department. 00:43:15
The Derays Barber Shop, The Shell, The Circle K, The Cash Saver, Indiana Land, Clayton Homes in Edwardsville Animal Clinic. 00:43:21
None of which are within 400 feet of a six inch line. 00:43:30
So we disagree that that is a standard that has to be met. If it is, then all these businesses are in violation of, say, Fire 00:43:34
Safety 2014. 00:43:38
Also, I've reached out to Sheriff Bush as well as Assistant Chief Scott Lamore. The General Police Department provided those two 00:43:46
letters. Letters. 00:43:50
It's in your packet. 00:43:54
Just questioning whether or not there's any inherent. 00:43:55
Crime or public safety issues related to many storage both gentlemen, many, many years, decades experience between the two of 00:43:59
them. Both indicate in their letters that many storage units are no different than any other business, and they're not any. 00:44:06
More highly successful to crime than, say, a shopping center. 00:44:14
Or anything else in the area? 00:44:17
So we believe that the special exception, you know, would not be interest to public health safety. 00:44:21
And general work of the community. 00:44:26
The second prong, the use and value of the area to the property, will not be adversely affected and substantially adverse. 00:44:29
Man approach once more. 00:44:35
Thank you. 00:44:52
So if we can look where the star is, that's that's a subject property. 00:44:59
So just beneath the subject property, that's the Edwardsville Animal Clinic, which we know is not a residential use, even though 00:45:03
it's zoned as such. Across the street we have Clayton Homes and a candy Corner, and directly across the street we have a 00:45:07
multifamily property. 00:45:11
After looking at the acreage of the multifamily property and. 00:45:16
And looking at consistent development standards in the area at some point A. 00:45:20
If it continues to stay be zoned as a multi family, there should be anywhere between 120 and 150 units at some point to be built. 00:45:25
So it's important that we understand that this request is not just surrounded by residential, it is between the Interstate and 00:45:32
next to three of the four different properties are not. 00:45:37
Residential letter surrounding. 00:45:43
In order to understand whether or not the use and the value would be disrupted at all. 00:45:46
We reached out to Mark Hack and Troy Stiller, both with decades of experience both. 00:45:53
Respected. 00:45:59
Real estate brokers in the area. 00:46:01
I mean, the Greentree Realty I think has 54 agents between the two of them, probably, you know. 00:46:04
10s of millions of dollars a year in transactions. Both have done an aerial review and and have found that they would not 00:46:09
adversely affect any of the properties values and surrounding properties. If you look at their letters, they specifically looked 00:46:14
at. 00:46:20
Store space Self Storage. They're located on State Hwy. 64 and how related to Meadow Oaks and Spring Crest subdivisions. 00:46:26
Mr. 00:46:34
Hack looked at. 00:46:36
Also looked at storage space self storage Also looked at storage stowaway storage. They only Pike and storage rental of America 00:46:38
there in New Albany. 00:46:42
Indiana. 00:46:47
The third prong the need for a special exception, which is. 00:46:51
Really, a variance use arises from some condition peculiar to a property. 00:46:55
Mr. Creeby states that the property was recently split from the homestead to the north northwest and has remained vacant. The 00:47:00
property suitable for residential development consistent with its zoning and current infrastructure, which allows up to four 00:47:05
homes. 00:47:10
Well, the county I feel right here is they're trying to bootstrap the property owner only building 4 homes on on that area. It's 00:47:15
approximately 7 acres. 00:47:19
Property owner does have a right to seek a reasonable return on his property, and his or her property is governed by Indiana law. 00:47:24
Subject property has many peculiar conditions. 00:47:28
It's located next to an Interstate. 00:47:34
Which has approximately 53,000 cars a day that go go by create substantial noise and fumes. That's surrounded by other uses other 00:47:36
than residential IE multifamily, commercial and animal clinic. There are significant topography issues. 00:47:42
Will increase the development costs and there's a lack of water supply as well as those sewers at the lot line. 00:47:49
In 465 LLC versus Metropolitan Board of Zoning appeals. 00:47:57
The BCA determined that property that is adjacent to Interstate and serves as a buffer between residential neighborhoods and 00:48:03
commercial Interstate activity is a peculiarity of property. 00:48:07
Also in Bowman, the metro border zoning appeals of Marion. 00:48:13
That being 331 NE 2nd 735, stating that the size of acreage, whether it's small or large, can also be a peculiarity. 00:48:17
In Metro School District of Washington Township, the. 00:48:27
Jansen. 00:48:30
That being a 302 NE 2nd 551, the Board was justified in finding a need of the variance arose from a condition procurement 00:48:31
property. There was evidence that the unusual shape and relatively small acreage, when viewed in conjunction with adjoining 00:48:37
commercial use and railroad tracks made the property in suitable for development as either the apartment complexes or agriculture. 00:48:43
Metro Development versus Troy Realty. 00:48:50
Affirming the issuance of a variance where evidence indicated the property was situated at a corner of a heavily trafficked 00:48:53
intersection, making it more affected by noise and fumes and surrounding area, and was adversely affected by water. 00:48:59
And lastly. 00:49:06
There's another case here versus Shackleford, affirming a variance where the parcel was located in major major thoroughfare and 00:49:08
adjacent to gas station, making the site unsuitable for single family. 00:49:13
Issues. 00:49:20
#4 the strict application of the terms and zoning ordinance would result in unnecessary hardship. Sorry if we can pause it right 00:49:24
there. So the 10 minutes is up. 00:49:27
I don't know if you guys want to extend that 5 minutes or whatever, you know, time period or where you want to move forward. 00:49:32
A piece on the item 4. I said keep going. Yeah, keep going. 00:49:40
Keith Ellen, Thank you, Sir. 00:49:45
Mr. Creeby states that the strict application of the terms of zoning warrants will not result in necessary hardship of use. 00:49:48
And we disagree with that, as it is a blanket statement that does not even address the right of the property owner to seek a 00:49:54
reasonable return. 00:49:57
In the case, Board of Zoning Appeals of City of Whiten Lake County versus McFadden, it does state that the determination of the 00:50:01
existence of an unnecessary hardship is governed by all relevant factors which, taken together, indicate that property cannot 00:50:07
reasonably be put to conforming use because limitations imposed upon it by the ordinance. It must also be shown that the land 00:50:13
involved cannot return and yield a reasonable return that's only used for the allowed zoning purposes. 00:50:20
Well as of right now stating that it should remain as. 00:50:27
Residential and that four. 00:50:32
Homes would be enough. 00:50:34
And we have a letter from Mr. John Locke. 00:50:36
Who has close to a billion dollars in transactions from residential and commercial stating that that would not be a reasonable 00:50:39
return, only allowing for four. 00:50:43
Residential lots. 00:50:48
The determination of the existence as the properties that sits today without having to come before the BCA only has to buy right 00:50:50
permitted uses, agriculture, agricultural or Home Farm stands, child cares within the home, a dwelling of a manufactured home, 00:50:57
dwelling of single family, detached residential facility and or trails or walking paths. 00:51:04
So the relevant facts are peculiar conditions not created specific to this or limited to these. These were not created by the 00:51:12
property owner. 00:51:16
Saying that they don't abuse residential homes sits next to I64. 00:51:21
The surrounding uses are. 00:51:26
Other than just residential? 00:51:28
There's a substantial amount of follow the property. 00:51:31
The property does not have available sewers anywhere close. It's 1500 feet away. We actually sent out for a bid through temple and 00:51:33
temple which is in your packet. How much would it cost to bring sewer and water to here to do anything with it? And the, the, the, 00:51:40
the cost was between 225,275 thousand. So by the time that you take the cost of bringing infrastructure, the cost of the land each 00:51:48
lot itself will probably be 100 to $125,000 per lot. You can use it for four lots. 00:51:55
And lastly, we don't believe that the mini storage would really alter. 00:52:07
The character of the surrounding area. 00:52:12
When you look at how far it's set back, most of the visibilities can be off of the Interstate. 00:52:14
And we're going to block majority of it. 00:52:18
With. 00:52:20
What what I would call walls with the backside made out of masonry brick. 00:52:22
It was like a secure privacy fence facing West Canaveral Rd. 00:52:27
With an abundance of landscaping, working with the Floyd County. 00:52:31
Develop. 00:52:36
Now item 5 gets a little bit. 00:52:39
Tricky here, and the reason I say that is because use variances are controlled by Indiana code 3674 dash 918.4. 00:52:43
And that statute states that the approval does not interfere substantially with the comp plan adopted under the 500 series of this 00:52:52
chapter. 00:52:56
That's in contradiction to what has been adopted and what's in your petition. Your petition states that the approval of the 00:53:01
special exception will contradict the goes or will not contradict the goals of the four county Planning Commission. 00:53:07
I know that may not sound like a big deal, but there is a big difference on whether there's something contradicts something or 00:53:14
whether or not it interferes substantially. 00:53:18
Furthermore, if you move forward underneath and again, you have your own legal counsel. 00:53:23
As you move forward underneath element #5 and not the correct statute for you in violation of the doctor involved. Alter berries. 00:53:28
I have seven additional pages of how I believe that we are in compliance with a comp plan. 00:53:37
They were in our package. 00:53:44
Has everybody had an opportunity to? 00:53:46
To review, I mean, I'm happy to present and go through. 00:53:50
And then the other thing that I did at least want to quickly go over. 00:53:53
Is Mr. Creevy? 00:53:57
Handed you all. 00:54:00
Kind of a print out with this response. 00:54:04
And his highlights are in yellow. 00:54:06
And So what I did. 00:54:13
As I went through. 00:54:14
And these are copies of account plan. 00:54:16
And what I did is I went through. 00:54:18
And I marked in blue everything that we've cited. 00:54:20
So we just simply disagree, I guess with the complaint says. 00:54:23
So on page 5, everything in blue the development. 00:54:28
Redevelopment or change in the use of land with employee county should we consider on the basis basis of its immediate and future 00:54:31
impact on the public health, safety, welfare, population density? 00:54:36
And whether proposed available furthers the interests of the company, we find that it does. 00:54:42
The next one talks about the. 00:54:47
Prehensive plan policy shall strive to protect rural character of Floyd County is maintained and preserved through the development 00:54:49
of conservation, development design, sustainable ecological design and very important here the promotion of low impact 00:54:54
infrastructure choices. 00:54:58
Also included in your pack, we retained a traffic engineer. 00:55:03
She's presented a letter in your pocket. 00:55:07
Mini storage cemeteries and churches are the single lowest impact infrastructures uses that the municipality can have. We feel 00:55:11
that we need that and it follows the. 00:55:16
Account plan here in Floyd County. 00:55:22
Also, on page 5 when you look, it talks about the request for special uses should be measured against the adopted land use 00:55:24
policies and objectives in this document. 00:55:28
Factors for consideration include the relation of development, redevelopment or change in land use to the following factors. So 00:55:33
what I've done if you look on page 5. 00:55:37
The 12 small bullet points. 00:55:42
We can go through each one and as to why this meets it so a nuisance potential to existing or planned future land uses. Many 00:55:46
storage will not create any nuisances In the end of the code defines nuisances as whatever is interest to health and decent 00:55:52
offensive to the census and obstruction to the free use of the property. So it's essentially to interfere with the comfortable 00:55:58
enjoying the life of property as a nuisance. We don't believe that a mini storage unit is a nuisance. 00:56:05
Proximity to existing light use developed. 00:56:12
Mr. Creeby already acknowledges in his statements that. 00:56:16
Mini storage is a like use development to that of multifamily. Multifamily can be found directly across the street. 00:56:20
3rd population density. 00:56:28
We had a private third party neutral perform a market analysis on this site and found there's a need. 00:56:30
In the area when comparing the local density as well as increased residential development. 00:56:35
There has been an increase in density. There's definitely been an increase in apartments. You have about 400 new apartments coming 00:56:40
online as well as new. 00:56:43
Residential neighborhoods and this is going to fill a void in a need. 00:56:48
You look to the next. 00:56:52
Bullet proximity to supporting land uses. The property has Interstate visibility less than a mile off the exit and is adjacent to 00:56:54
grocery stores, gas stations, fast food restaurants and animal clinic. A mobile manufactured home sales company is directly across 00:56:59
the street from a large vacant tract zone multifamily. 00:57:04
The traffic patterns and thoroughfare plan. 00:57:10
Many storage is the lowest impact use possible and is substantially less than that of single family home residential development, 00:57:12
so traffic patterns will not be affected by this development. 00:57:17
Public safety systems, including Fire Protection and law enforcement. 00:57:23
Per the letters from Floyd County Sheriff Bush and Assistant Chief JPD Scott McGuire, there are no public safety concerns related 00:57:26
to this. 00:57:29
Project. Furthermore, non conditioned mini storage units are not required to be sprinkled. It will be beneath the 12,000 square 00:57:33
foot threshold that would mandate it. 00:57:38
Water and sanitation systems. Many storage units do not require water or sanitation systems. Therefore it will not adversely 00:57:44
affect the system. 00:57:47
Public school system many stories will not create any new students for the area. That's why I have no impact. 00:57:52
Topographic and geological Characteristics The topo and geologic characteristic of the site will have to be studied. Depending on 00:57:57
what's beneath, the surface and sign may have to be reduced significantly. 00:58:02
The preservation of natural characteristics, including sight lines. 00:58:08
In an effort to adhere to the Evertsville gateway intent and this provisions of the comp plan who intentionally set back the mini 00:58:11
storage units approximately this was originally 250 feet, but I think we moved it up to maybe like 180 which by code I think the 00:58:17
setbacks are maybe 40 feet. So we're. 00:58:23
4/4 times back the minimum threshold. 00:58:30
Site drainage. 00:58:34
All site drains will meet Floyd County standards. Loss of agricultural use. The property is not currently being utilized for any 00:58:35
farming purposes, so no loss will occur. 00:58:40
And then it states that if there's any other factor reasonably related to protect health, safety and general welfare of the public 00:58:44
or further interest of the comp plan. 00:58:48
So these are the. 00:58:53
Probably the top 12. 00:58:55
Things you need to look at as to whether or not the grand experience and in our opinion we we meet. 00:58:58
We are in compliance. 00:59:04
And we certainly, if you're looking at state statute, we certainly do not substantially interfere with a comp plan that has been 00:59:05
adopted. 00:59:09
Also on page 5 I want to talk about the intensity and type of the development. 00:59:15
Shall be limited by the ability of the infrastructure proposed and existing to service the new development without materially 00:59:19
decreasing the level of service to the existing development or creating safety concerns. The use variance is low intensity and 00:59:23
does not require any additional service other than what currently exists and will not materially harm the environment or create 00:59:28
safety concern. 00:59:32
Engineers report mini storage will not impact the roads in any way since it's such a low trip generator. 01:00:07
Also on page 6, development, redevelopment or change in use of land with Floyd County shall preserve the natural characteristics 01:00:13
and scenic quality of the land to the greatest extent possible. Instead of attempting to maximize the acreage, we have designed a 01:00:20
way to preserve the natural characteristics by agreeing to use masonry products that face the sides that of West Can Eagle just 01:00:26
like similar other mini storages in Flint County. 01:00:32
Page 23 of the comp plan The second highest preference for the community moving forward was locally owned restaurants, retail and 01:00:40
businesses. 01:00:44
My family and I live 5 minutes away from this property. We will own it and operate these many storage units. As a locally owned 01:00:49
business, this clearly meets the second highest preference in the comp plan. 01:00:53
On page 23, although the survey was extremely beneficial. 01:00:59
The main challenge will be finding funding solutions that are realistic but also satisfy the residents. 01:01:03
Of the community. 01:01:09
Also on page 24. 01:01:11
In May of 2015, Professor Larry Dior of Purdue University spoke regarding local government finances. 01:01:13
In his discussion, he addressed the attributes of land use employee counting key points from the discussion where the fact that 01:01:20
Floyd County has one of the lowest property taxes in the state of Indiana and it has smaller than state average of taxing entities 01:01:27
and this is important. It has smaller than average amount of commercial and industrial lands available. 01:01:34
So. 01:01:42
The comp plan kind of identifies also a number for the planners for Planning Commission. The board zoning appeals to 01:01:43
commissioners. 01:01:46
Because it talks about all these new amenities, but they don't raise taxes or anything important. 01:01:50
Well, an idea is that the Highlander Point and Edwardsville Gateway trip which is adjacent to this property. 01:01:56
Brings in about $119,000 a year. 01:02:02
About 400 properties that exist. 01:02:05
That that was the revenue spent last year. 01:02:07
It's in the package. 01:02:10
This development right here is going to be somewhere in the neighborhood between 4:00 and $5,000,000 if you extend. If you extend 01:02:11
the TIF, you can capture probably $40,000 a year. 01:02:16
With $140,000 a year you can create grants for local businesses, you can upgrade facades, you can do a lot of things if the other 01:02:21
community communities are different. 01:02:24
Are you about getting about done? 01:02:30
For the next steps. 01:02:34
Of the of the 10 guiding principles on page 27, the three paramount principles for Floyd County to meet the state of community 01:02:36
values over 3. 01:02:40
Preserve open spaces and farmland, strengthen and direct development toward existing communities, and foster distinctive, 01:02:45
attractive communities with strong places. 01:02:48
Sense. Sense of place. 01:02:54
We could have actually maximized this even more. And when we chose not to, to try to keep some level of green space out in front 01:02:55
of the detention basin, extended our buffer yards on either side. So we feel like we, we, we need those. 01:03:02
I'm not going to belabor the point. I think you will kind of get the ideas I've been. 01:03:09
Been up here kind of reading and reciting but I want to make sure to make a record. 01:03:16
Clear record At this time I'd like to put into the record exhibits one through. 01:03:19
Well, a lot of it's been presented the case law to be other documents that I've presented to. 01:03:26
And I don't know if. 01:03:36
You have any questions for the engineer or for just an industry, correct? 01:03:38
OK. Does the board have any questions? 01:03:42
I've got a couple. 01:03:47
First, do you already own the land or is this contingent on purchase? This is contingent on if it's approved. We'll we'll close 01:03:49
and we. 01:03:54
And you mentioned that. 01:03:59
The site work would be extensive and the cost would be extensive. If this was developed as residential, how is that any different 01:04:02
than? 01:04:06
Basically scraping everything off and adding a bunch of parks, gate infrastructure. I don't understand how I'm saying this would 01:04:11
be expensive. 01:04:15
This doing the site work here because if you look at how the length of the the pads themselves. 01:04:20
There's going to be additional site work that need to be had. 01:04:27
For a mini storage versus 4 homes. 01:04:30
OK. 01:04:34
I thought you were making the the argument that this is. 01:04:36
Better than the home, so I misunderstood. 01:04:39
That's it. That's all I can. 01:04:47
One, sorry, one other question, yes Sir. Is there any consideration to why are you going variance versus zoning change because 01:04:49
it's a prohibited use. So even if we went into a rezone that wouldn't allow this within the base of zoning, it is in the 01:04:55
Edwardsville overlay and in that within your zoning ordinances prohibited using. So you would have to seek A use variance. We 01:05:01
actually discussed this Nick and I regardless, even if it was rezoned, it would be back before you all anyways. And so either way 01:05:06
it was going to be before this board. 01:05:12
OK, thanks. 01:05:19
One question that I have is the orientation of the building. With all the slope that's on that property. It seems like the 01:05:23
building drop should be rotated 90° in my opinion. 01:05:28
I don't disagree with you, but what we were, I don't know how you're gonna have to have retaining walls or something to hold this, 01:05:34
to build all those buildings. So what we were trying to do, Sir, is limit. 01:05:39
Anything that the rest of the. 01:05:44
Surrounding property on the western naval side would see and maybe at the end of the day we come back and rotate them. The most 01:05:46
important thing that I, if I were a neighbor is I would want you know. 01:05:51
The long lines of which would be essentially a fence of brick. 01:05:57
And then what you do on the insides of? 01:06:01
I think would be OK depending upon how the site. 01:06:04
OK. That was my concern because there's pretty good steep hill there. And how you? 01:06:07
I couldn't figure out how you're going to do those unless you've done a lot of dirt, dirt work. There would be a substantial 01:06:15
amount of dirt work. And then the other piece to this, remember when I first introduced a cyclone? 01:06:19
We don't intend. 01:06:24
To maximize and build 90,000 square feet. 01:06:26
I mean, our first phase will probably be around 30 to 36,000. 01:06:29
And then if it builds out, then we'll maybe move on. 01:06:32
Because there is a substantial amount of dirt. 01:06:36
To be had. 01:06:38
OK. Thank you. Thank you. 01:06:41
Is there anyone else here to speak in favor of this? 01:06:43
Please come forward, state your name. 01:06:48
Yeah, my name is Garrett Dunaway with. 01:06:57
Lock commercial real estate. My address is 1190 Wildwood Blue. 01:07:00
Northwest Portland, IN 47112. 01:07:04
My client, Larry Ragland, hired myself and LOP Real Estate to market and sell the property that's being discussed today along W 01:07:08
Kneeball Rd. 01:07:12
We first put it on the market late 2022. We garnered a lot of interest in the property and we've been under contract three times. 01:07:17
It's falling apart those contracts for various reasons. 01:07:22
The first time under contract, the user was looking to use the property for a trucking company, but the county engineer ended up 01:07:29
denying this use as the roads weren't wide enough to support semis. 01:07:35
Second time under contract, the buyer was looking to use the property as multifamily or assisted living. 01:07:42
However. 01:07:50
During his due diligence was trying to find out how close the sewers were. I knew they were in the area but we didn't know what 01:07:52
the cost would be for that. 01:07:56
Ultimately, this buyer, that buyer was, it was too expensive for him. 01:08:00
That brings us to the third time under contract. 01:08:07
As Jake said, initially looked into multifamily use. 01:08:10
Knowing the potential issues with sewer, however, we ran into that next issue of water pressure. As the site currently sits, you 01:08:14
can only put about four homes on the property due to the water pressure. 01:08:20
Due to the lack of utilities and the infrastructure at this property, it really narrows the uses of the. 01:08:28
This this side of the corridor. 01:08:34
Has really lacked development and this is an opportunity to develop this side of the corridor that can benefit Georgetown as the. 01:08:37
Georgetown community continues to grow. 01:08:46
Myself and LOP Real Estate believe that this is the highest and best use for the property. 01:08:50
That can benefit the community and it makes sense for the buyer, makes sense for the seller, and it makes sense again for the 01:08:57
community as it continues to grow. 01:09:02
Thank you. Thank you. 01:09:07
There's somebody else there. 01:09:09
Please come forward and let's try and make it short as we can. 01:09:11
All right, as Garrett, I'm the property owner. I'm Larry Raglan, 1404 Edwardsville, Galena Rd. So I live just 2 1/2 blocks around 01:09:17
away from the property. Now the, you know, return on investment. Just a reasonable return. And I'm not going to lie to you, when 01:09:25
we when I bought this land and my partner nine years ago, yeah, I wanted to get the biggest bang for my buck and. 01:09:33
You know, when again, we went through all those different phases, but what I'm hearing now and being in the community and I drive 01:09:43
by this place every day. 01:09:47
On my way home. 01:09:51
You're looking at. 01:09:53
You know, hold on to it, my partner. Let's hold on to it. Eventually developments come in. We can get a Big Bang for our bugs with 01:09:55
sewers and water pressure. But when I saw this development by Mr. Elder. 01:10:02
You know, I was willing to, you know, go back to just that, you know, reasonable return on investment and drop the and drop the 01:10:11
price. 01:10:15
I hear all the time it's too crowded, there's too many apartments, the traffic is terrible. 01:10:20
This is the best. 01:10:27
His development to me, is the best of both worlds. I don't have to hold on to it and wait it out. 01:10:29
It's a nice facility. They've done their leg work for sure and. 01:10:36
I look at it as a much needed. 01:10:43
Uh, structure with low impact traffic and. 01:10:47
Trust me, I drive that every day and the traffic is is terrible. So that's my spill. OK, Thank you very much. Is there anyone else 01:10:51
speak in favor? 01:10:56
OK. If not, need to hear from those opposed. We're going to have time limit. 01:11:04
Are you going to reset it there? 01:11:11
OK, you want to go for. 01:11:15
You stood up first. Come on. 01:11:17
State your name. 01:11:19
Hold on, Hold on, hold on. Sorry. 01:11:22
Say your name to microphone please with your address. 01:11:28
My name is Ruth Shamaker. I live on 1412 W Canaveral Rd. My property was the largest piece of property there. I have 20 acres and 01:11:31
I am north of what they're wanting to build this on. I reject this proposal in contrary to the existing zoning because it is 01:11:39
residential and. 01:11:47
Suburban. Whatever it is, anyway, I. 01:11:56
I feel like it is very bad on that hill. And then my property, I have a slope, a good slope that's going to be coming from that. 01:12:00
And it also the water that comes down goes into my Creek, it goes into my spring, spring there. It flows into the lake that the 01:12:11
people are swimming with. And I feel like this is not what is good for us. They talked about the. 01:12:21
Truck Well, this is all still going to flow into my property and the people that live below me. It just is not good for them. It's 01:12:32
just a rolling hill. 01:12:37
And I think it just interferes with. 01:12:43
The public use of our property and until someone buys all that property. 01:12:46
Below me or whatever. 01:12:51
Then they can start seeing what they want to do with it. But I feel like that this should be rejected. It is unhealthy. 01:12:54
I don't know what kind of lights they're going to have or anything like that. And. 01:13:04
I just. 01:13:08
Totally against it. It's just. 01:13:10
Something that should not be there. 01:13:13
OK. Thank you very much. 01:13:15
State your name and your address. 01:13:18
Rebecca Hernandez 1312 W Knavel I'm opposed to this due to the water. 01:13:22
Umm, they say that the drainage is going to be sufficient. There's a lot of drainage right there at Knavel where the water runs 01:13:29
off and they start messing with that hill. 01:13:34
Is it going to make my basement flood now? Because I mean in that puts. 01:13:41
The pond that they plan, is that sufficient to hold the amount of water? 01:13:46
That they're going to disrupt on that pervious ground and make it all impervious. You're talking 6 acres and they say they don't 01:13:52
intend at this point, but once they get the OK, they can expand it to the full expansion. 01:13:59
It affects. 01:14:08
Neighbors properties, it affects the lake and there's children that swim there. There's lots of studies on warm storm water. Rain 01:14:10
off, run off. 01:14:15
I have one from Purdue, one from Penn State if you would like them. I don't have copies for everybody. I have one copy of each. 01:14:21
That I you want to submit it to the board and you can do that. 01:14:30
If this is approved. 01:14:43
I would request. 01:14:46
A tree border around the whole perimeter, front and sides. 01:14:48
At least 10 feet tall trees. 01:14:54
To help with the water. 01:14:56
That is a very steep slope. 01:14:59
And we don't have any information on what their. 01:15:03
They just say it's going to meet Floyd County guidelines. 01:15:06
That's very vague. 01:15:10
I would like more information on that. 01:15:14
How they intend to meet the guidelines for the water that's going to affect all the residents in that community. 01:15:17
And across, directly across from where they intend the driveway, the roads very narrow. 01:15:23
There is no apartment complex. 01:15:29
They're talking future when? 01:15:31
20 years from now, and in the meantime, the community that actually lives there has to. 01:15:34
Deal with all the water issues, the lights. How many lights are there going to be all night long? 01:15:41
Because it's going to be secure. 01:15:47
So that means it has to be lit up. 01:15:50
What we don't have any information on this? 01:15:53
And it affects and yes, they want to say that there's a business right there, the animal shelter, it operates in a home. 01:15:58
Like business front, it's a home front. 01:16:05
The only business close to that is the mobile Home Park. 01:16:09
Which is not cat is not right across or directly across, it's kind of on the corner. 01:16:14
So this would be pushing the business district into our residential community even further. 01:16:20
OK. Thank you very much. 01:16:27
Please come forward and state your name and your address. 01:16:30
My name is David Howell. I live at 1506 Pertle Drive. 01:16:34
I'm one of the people who live in this little lake that you're speaking about. This lake is home to about 25 homes. It's used 01:16:39
extensively through the summer. Kids are swimming in it all the time. If you've been back through that area, you will realize 01:16:45
there is a very steep hill from the top his the property that they're Speaking of. It is the high point, the entire area and 01:16:52
everything is flowing down that way. 01:16:58
We're concerned about keeping the lake clean because we do maintain it. We put money every year for fish, for algae control. We 01:17:05
truly take care of the land. It's also a good source for the wildlife. 01:17:12
So Bert file in particular. 01:17:20
But our biggest concern is. 01:17:22
Keep the light clean. Also there is a very low point right at the front of the lake where if we do get extensive amount of water 01:17:25
coming down that hill it could possibly flood the road making it impossible. It's one lane Rd. back to another community. More or 01:17:31
less small community with that. 01:17:36
Keep them blocked off. 01:17:43
Also, if there is an extensive water drainage down that hill flooding the lake, it could damage the dam which we. 01:17:45
The overall thing is. 01:17:52
We're concerned about. 01:17:55
What a runoff. 01:17:57
And I do have some topical graphical maps showing how the high point is on their property and how it all kind of slopes down that 01:17:58
way if you'd like to see it if you wish to submit that to the board. 01:18:03
Thank you. I'll keep on to the board. Thank you. 01:18:16
Thank you, Sir. OK. Thank you very much. 01:18:19
OK. Is there anyone else? 01:18:24
State your name and your address please. 01:18:28
I'm Darlene Rush. I live at 1531 Lakeland Drive and I just want to follow up on what. 01:18:30
David said that to clarify where that high point is of the. 01:18:37
Mini shed proposed down to the lake that W Willis Rd. is the only exit. 01:18:45
Entry and exit to those dead end streets, Lakeland Dr. Lake Rd. Allen Drive in the back part of Wells Rd. Those are all no outlet 01:18:52
Denton streets. So you wouldn't be able to get dinner out you and mill get ambulance services back there. So I request the 01:18:59
environmental study to make sure we're not going to have flooding back there and then also right there in front of where they're 01:19:06
proposing on West can able that floods a lot when it rains anyway. So again, what just following up on what the other. 01:19:14
Said that all that asphalt is going to cause a lot of runoff to all the lower points unless can able. 01:19:21
Possibly back in West Willis, possibly into the lake and what David said about containing lake, which has been very clean, we 01:19:31
tested every year. 01:19:35
Cleaner than most of the drinking water from what the biologist tells us and and then the day. I'm just reiterating that that 01:19:39
we're unsure of how much water would go into there and possibly cause the problem. 01:19:47
OK. Thank you very much. 01:19:55
Is there anybody else has anything any different? 01:19:57
OK. If not, we're going to close that portion. 01:20:00
And if you want to come up and. 01:20:04
Address what they were talking about. 01:20:08
Yes, thank you. 01:20:11
All very reasonable concerns. 01:20:13
And, you know, this isn't our first development. And, you know, lights, drainage and water runoff. 01:20:16
There, I mean, that's every development. 01:20:24
So Floyd County does have standards that we have to file. 01:20:26
You know we're not going to have lights bleeding off the property. 01:20:29
It is going to be a secure 24/7, gated up front, limited access in the evening. 01:20:32
And so no whites would be able to be bled off. We want to keep everything on site, probably at the end of the building's, not 01:20:38
anything facing the road. 01:20:42
Also with the drainage there is Floyd County drainage walls are actually more stringent. 01:20:47
In a while, you know for good reason and any development we do will be a pre and post runoff that we're going to have to meet. 01:20:53
We've already retained Heritage Engineering, who's one of the top engineering firms in the area, and they would be able to work 01:21:00
with the county to make sure the plans met. 01:21:05
The standards. 01:21:10
And in regards to the lake, with being on the other side, that would be something that would be taken into consideration. 01:21:11
During the drainage plans to see what, if any, water runoff would get there, again, we would have to meet. 01:21:17
All of the approved and. 01:21:23
And all the requirements are acceptable. 01:21:26
That helps answer some of those questions. 01:21:29
Any other questions? The so the retention pond is there was there any? 01:21:34
Calculations into your estimate here. Is that just a place also? 01:21:38
This is more of just is the use approved? If it is, then we move forward and have a development plan approval. We're going to have 01:21:43
to go meet, you know, might even be back either before the planning commissioner working with Mr. Creed to make sure that 01:21:47
everything is met. 01:21:52
You know, we'll submit our plans, we'll send them out to their third party engineers, we'll have comments, they'll get it back to 01:21:58
make sure that everything's taken care of. 01:22:01
OK. 01:22:07
I just clarify that state your name and Justin Anderson crap. 01:22:12
126 W Spring Street. I was just saying we're not requesting a variance for drainage. And as you know, the drainage ordinance is 01:22:18
the post runoff is likely to be less with your drainage ordinance. 01:22:23
So that's not really before the board of. 01:22:29
We're intend to comply with that. 01:22:32
OK. Thank you very much. 01:22:34
And once again, I'm going to state we do not have a full board. 01:22:38
And it takes three to pass, and if it would happen to fail, it would be a year before you can come back again. 01:22:42
You want to move forward. 01:22:56
Does the board have a ballot? 01:22:58
BJP. 01:23:06
Don, could you come up to the mic please? 01:23:37
The. 01:23:48
We've listened to a lot of arguments here tonight. 01:23:51
And when I'm preparing my ballot here. 01:23:54
My probably my biggest thing is the fact that this is in the gate, the Edwardsville Gateway District. 01:23:58
And that makes us totally different. 01:24:05
Even though we say all this stuff in the comprehensive plan about maintaining rule, this, that and the other the comprehensive. 01:24:09
The Gateway District has a very different set of standards to it in my opinion. 01:24:15
It does and I am. I guess I want to feel confident. 01:24:20
That saying this is in that gateway district. 01:24:24
And it leads. 01:24:28
It doesn't meet our standards for the Gateway District. 01:24:31
With your office supports that. 01:24:35
I can give you a little bit of background, OK, a little bit of background with 2011, 2000. It was 2011 that the county conducted 01:24:38
the Gateway District plan. 01:24:44
That included three sections for that, for that gateway, that included the Town Center section, which this property is located 01:24:51
adjacent to, included the campus component, which is the Noble Park campus. And what were the average of schools considered? I 01:24:58
think the Old Town a component of it. 01:25:05
The rationale behind that was that to create distinct. 01:25:12
Gateways into the community. There's only two that the county has control from planning. One is the one is a Highlander Point area 01:25:18
right after the Greenville exit and this exit off the Edwards. 01:25:23
And Georgia? 01:25:29
So the underlying plan was to create a commercial area that had mixed uses that had a Town Center type of approach was. 01:25:31
Was the rationale. So it had some distinct and it was a distinct. 01:25:44
Area. 01:25:48
Why they had? 01:25:50
Sub sub plan for that area. 01:25:53
So do you believe that this would substantially interfere with that plan for the gateway village that the county has? 01:25:56
At the time, the county planner at that plan, yes. 01:26:05
Thank you. 01:26:11
OK. 01:26:14
You have a ballot. I have a ballot. 01:26:15
He wants to come back up. 01:26:21
It's it's closed. 01:26:24
So I get to ask. 01:26:27
It's I don't, yeah. You guys can't allow him to state something. If he wants to state something, he doesn't get to the staff. 01:26:30
I would think so, since there was a statement. What did you say? I would think we should allow this. 01:26:40
Just a couple minutes, OK, It's going to be real quick. So this is actually a good conversation that I had with Mr. Creeby. I know 01:26:49
you won't have that benefit and you were probably responsible for this being adopted, Mr. Loud, but. 01:26:54
The gateway itself, I do find interesting this property when he talks about the three different areas, this property isn't even in 01:27:00
that area. So the Town Center this is adjacent to, it's not in the Town Center. I will agree with you there. 01:27:08
In this what happened with the gateway is then they came through and just made a big circle around the three different just to say 01:27:15
hey. 01:27:20
I think I can address that question. 01:27:25
Gateway was part of the original 2006 Sony. It wasn't. It wasn't an addition to the 2011. So that Gateway District was created in 01:27:27
2006 and then the. 01:27:33
In MSK, MSKS or M I'm sorry came back with the plan for that. 01:27:40
But the overlay district. 01:27:47
Great as part of the original changes of life in 2011. 01:27:49
My last comment is I think this would be a good catalyst. 01:27:56
Again, I've lived off the exit. There's been zero significant development in that entire corridor for well over a decade going 01:27:59
from 64 to West W Conangle Rd. The free market should dictate within reason and what is allowed. You know, if you look at the 01:28:07
plan, while I love the plan, it looks like it's calling Indiana. We're not Carmel, IN. I live here and you know, we continue to 01:28:14
just rely on the studies that we pay for. And I would like for anybody to look and say what significant development has been been. 01:28:22
From 62 through W Kneeble Rd. in that Town Center area. But I'll leave with that. Thank you all so much. Thank you. OK. Mr. 01:28:29
FC-1124-48, Petitioner Elder Company, LLC. 01:28:37
After careful review, the Board finds that number one, the special exception, will be injurious to the public health, safety, 01:28:45
morals and general welfare of the community because the property is currently served by a three inch water line with near the 01:28:50
nearest line at least 1500 feet away. 01:28:55
Georgetown Fire Department provides minimum land requirement. 01:29:00
To serve the development of this nature, to be 6 inch line with a hydrant within 400 feet of the building. 01:29:04
#2 The use and the value of the area adjacent of the property, subject to the special exception, will not be affected in 01:29:11
substantial adverse manner. Because the proposed use is relatively low impact with low traffic generation, it will not generate 01:29:17
nuisance, noise or smells and will be required to meet stormwater standards. Storage is a reasonable use with proximity to multi 01:29:24
family zone property and would be located next to an existing general commercial property. 01:29:30
#3 The need for the special exception does not arise from some condition procure you to the property involved. 01:29:37
Property was recently split from the homestead to to the northwest and has since remained vacant. The property is suitable for 01:29:43
residential development consistent with the zoning and with current infrastructure. 01:29:49
Allows up to four homes to be located on property #4 the strip application, the terms of Floyd County zoning ordinance. 01:29:56
Will not result in unnecessary hardship in the use of the property because the property is currently suitable for single family 01:30:05
development and a joint single family developments. 01:30:10
#5 The approval of the special exception will interfere substantially with the Floyd County Comprehensive Plan. 01:30:16
Because the proposed use is expressly prohibited in the FCCO for Floyd County Gateway Overlay District, the use does not fit into 01:30:22
the planning. 01:30:27
Documents for the area and is and is inconsistent with the district. Intense. The intent the use is low is a low intensity and low 01:30:32
traffic use. This is a gateway district and adjacent to the Town Center. Concept identified economic growth areas. The use would 01:30:38
not create significant active economic activity desired in a growth area. Aesthetically, the use would not be consistent with the 01:30:45
existing planning guidelines. 01:30:52
The use presents characteristics more consistent with industrial warehousing than aesthetic rule. Neighborhoods orientated 01:30:59
commercial with multi large structures, low traffic volumes, security fence and limited landscaping and metal facades. The 01:31:07
property also lacks necessary infrastructure for Fire Protection, water service. 01:31:14
The Board of Zoning Appeal hereby denies the petitioner special exception that the meeting held on the 9th day of December, 2024 01:31:22
that completes my ballot. 01:31:26
OK, you heard the ballot. Is there a second? 01:31:31
I'll second. 01:31:35
OK. It's been moved in second. 01:31:37
All in favor signify by saying aye, aye opposed same sign. 01:31:40
It's been denied. 01:31:45
Thank you. 01:31:47
So on these, I guess these are all moot. We don't do anything with the next. 01:31:49
I assume you're willing you're wanting to withdraw those at this point in time. I would love to table them. 01:31:56
I'm sorry, I would love to table them. 01:32:00
Indefinitely until it's read. 01:32:03
I don't know if we can table them indefinitely. 01:32:06
So I'll move to the drill. 01:32:09
OK. OK. Thank you very much. Has moved to withdraw items. 01:32:11
Just for clarification, 4 through 7, is that correct, Mr. Elder? 01:32:15
Question. 01:32:20
If for some reason we're back here within the year, we have to repay our fees. 01:32:21
For those who've been on the standard variances or is it just a simple, I will leave that to staff to answer that for you, Mr. 01:32:26
So. 01:32:38
What? Why don't we do this? Why don't we table it for this month since Nick's not here and next month Nick can answer that 01:32:39
question for us. OK, Thank you all so much. So if you guys can move to just table those pursuant to the applicants requested to 01:32:45
your motion to table, I make a motion to table 4 through the remaining 4 through 7. I'll second. 01:32:51
OK, the motion has been made. All in favor. Second five to say aye, aye. Opposed. Same sign. Thank you. We can let Mr. Unruh come 01:32:57
in. 01:33:02
I guess we just need a motion to adjourn. 01:33:12
Say there's no more, isn't the 4th floor? 01:33:24
OK, thank you. Cheers now. Alrighty. 01:33:30
So we're down to, we've finished through seven, they tabled 4 through 7. So you're just down to whether there's any more business 01:33:33
by the staff. 01:33:37
Don, anything else from the staff that we need to go over tonight? 01:33:43
If that's the case, I ask for a motion to adjourn. I'll make a motion. I'll second it. Motion is second. All in favor signify aye 01:33:47
aye. Those opposed likewise. Thanks guys. Do you have a copy? 01:33:53
Gabrielle. 01:34:01
Any of this I have no. 01:34:03
The minutes we need those signed as well. Do you have a copy in your packet by chance? 01:34:07
Yeah, I'm, I'm looking. 01:34:13
You got that one. 01:34:16
You got that? 01:34:19
That one these blue. 01:34:24
You get the Yeah, I have that one. 01:34:29
I think that's it. 01:34:31
I think that might be. 01:34:36
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