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Great. Grand Canyon? Yes. What kind do you want? I got blue, but I don't know if that's gonna work well in there. | 00:00:00 | |
I think it's black, but it may not be. | 00:00:06 | |
Black. | 00:00:17 | |
Then he just want me to sign that platform. This I can't see. I don't think this is gonna work on there. You can try it. | 00:00:19 | |
I'm gonna tell you what, you won't want me to sign up there. That will. Look. | 00:00:27 | |
Thank you, Sir. | 00:00:44 | |
Thank you, Sir. | 00:00:50 | |
I'm still too low to. | 00:00:53 | |
Beats the alternative. | 00:00:57 | |
Did you get through the snow OK? | 00:01:00 | |
Good evening everybody. According to my clock it is 501. So I'd like to welcome everybody to this evenings Floyd County Board of | 00:01:04 | |
Zoning Appeals meeting, January 13th, 2025. This is the first meeting of the year for us. So before we get into our official | 00:01:10 | |
agenda, we're going to begin the meeting. Should should we do the roll call on things first and then get into the other? So we'll | 00:01:16 | |
begin with roll call. | 00:01:23 | |
Mr. Eagle Hauser, Mr. Unruh here. Mr. here. | 00:01:29 | |
Here here. | 00:01:34 | |
OK. So you get roll call. The minutes of the December meeting have not been sent out yet. There was a delay in getting those | 00:01:37 | |
completed and out. So we will dispense with those and approve those at our next meeting. So before we get into our old business, | 00:01:43 | |
new business for the evening. | 00:01:49 | |
As is customary in the first meeting of the year, we're going to begin by electing officers for the 2025 year. | 00:01:56 | |
For the Board of Zoning Appeals and in order to conduct those elections, I'm going to turn over the meeting to the board's | 00:02:03 | |
attorney, Christy Fox, and let her handle the elections. And then whoever is re-elected as president or elected as president can | 00:02:11 | |
step into that role next. OK perfect. So your first thing will be to elect a chairman slash president of the board to serve for | 00:02:18 | |
the year. So if there's a motion for that, I'll make a motion to Bill White to proceed. | 00:02:26 | |
Another year, I will second that. OK, there's been a motion in a second. All those in favor signify by saying aye. Any opposed? | 00:02:33 | |
OK, Bill, you are Mr. President again. We'll go ahead and do Vice Chair. So the next will be for appointment of the Vice Chairman | 00:02:42 | |
slash Vice President for the year. If there's a motion, I'll nominate Victoria Unruh. OK, there's been a motion for Vic Unruh, | 00:02:48 | |
second seconded for Vic, all those in favor. | 00:02:53 | |
Any opposed? | 00:03:01 | |
OK. You have a vice president and a president. All right. OK. | 00:03:03 | |
So moving on with our agenda for the evening. | 00:03:08 | |
Old business this evening we're going to begin with agenda item number one, which is FC-10-24-44, Administration Appeal. | 00:03:11 | |
Nick is going to come forward and fix. | 00:03:21 | |
Explain to the board. | 00:03:23 | |
This request and give us some clarity on how we need to move forward here. | 00:03:25 | |
So, Nick, this is administrative appeal. | 00:03:31 | |
For the. | 00:03:37 | |
Sporting Club at the farm. They received a notice of violation on September 9th, 2024 for violating a condition of the approval | 00:03:38 | |
for their special exception. That violation was for. | 00:03:46 | |
Shooting within the prohibited 300 yard. | 00:03:56 | |
Boundary. | 00:04:00 | |
Adjacent properties. | 00:04:02 | |
Appeal for this was received on October 8th. | 00:04:05 | |
That was within the time frame required for appeals. | 00:04:09 | |
Included evidence. | 00:04:15 | |
Included evidence were the complaints that were issued for the violation, the complaint investigation and the original ballots for | 00:04:19 | |
which the. | 00:04:24 | |
Condition of violations. | 00:04:29 | |
As a body for an administrative appeal you are reviewing. | 00:04:34 | |
Decision and determining if the appeals should be approved. | 00:04:41 | |
That would determine that. | 00:04:46 | |
Staff decision was incorrect and the. | 00:04:48 | |
Appeal would be upheld. | 00:04:54 | |
Because the findings of fact failed to support the decision of staff. | 00:04:56 | |
If the appeal shall be denied if the findings of fact are made. | 00:05:02 | |
Supporting the administrative decision. So you would be denying the appeal of the. | 00:05:08 | |
From the farm stating that the findings of fact are in fact. | 00:05:13 | |
And then you could also. | 00:05:18 | |
Table consistent with the rules and procedures of the BCA. | 00:05:20 | |
The report from 9/9/2024. | 00:05:26 | |
Is the evidence that you will be reviewing as well as from the applicant. | 00:05:34 | |
As staff, I really don't. | 00:05:39 | |
Stand here and defend what I've already done. So it's up to the. | 00:05:41 | |
Professionally to do that so if you have any further questions process I can I can help with that. | 00:05:47 | |
Or additional details, I can help with that as well. | 00:05:53 | |
Well, I don't have that additional argument. I already made it in the notice of violation. | 00:05:57 | |
So we treat the the administrative ballots the same as we do in the other ballot, correct? Is that correct? | 00:06:02 | |
I have no questions. I don't have any other questions for Nick, sorry. | 00:06:10 | |
OK, Nick, thank you. | 00:06:17 | |
Is the applicant. | 00:06:21 | |
Or representative for the applicant this evening, please come forward and state your name and address for the record. | 00:06:23 | |
Bobby Brooks. | 00:06:33 | |
My address is 840 Framers Chapel Rd. Gordon, Indiana. | 00:06:37 | |
OK, Mr. Brooks, what, what would you like to share with the Board regarding this this appeal? This appeal is for the complaint of. | 00:06:44 | |
Shooting in a. | 00:06:54 | |
Within the required limited area 300 yards from a neighboring property. | 00:06:56 | |
Every shooting law or every shooting stipulation and and. | 00:07:06 | |
Thing that's been put in place up to this point was because of the gun, the sound of the guns, the 300 yard restriction was was | 00:07:12 | |
everything was based off of. | 00:07:17 | |
Shotguns. | 00:07:22 | |
And we shot archery. | 00:07:24 | |
On on this side of the property. | 00:07:27 | |
The whole time we've been open and there's never been. | 00:07:30 | |
An issue or anything said was shooting archery. | 00:07:33 | |
Everything that we've ever put in place for a restriction was put on that side of the property, 300 yard restriction and decibel. | 00:07:36 | |
All that noise, reading and everything was due to the gun shooting. Nothing was ever said about archery. | 00:07:47 | |
And our archery course is in a very safe area. | 00:07:57 | |
It's it's, it's part of the property that we utilize as a. | 00:08:02 | |
The archery course for our members and guests to shoot archery. | 00:08:08 | |
There's a. | 00:08:13 | |
There, there's no reason. | 00:08:14 | |
That we shouldn't be able to use. | 00:08:17 | |
This part of our property to shoot archery, I understand the you know what, what you know in the beginning, I understand what the | 00:08:19 | |
complaint was, but it was always about guns. And now, now, now they're bringing up archery and and archery is not an issue. It's | 00:08:25 | |
not a problem. It's not. | 00:08:31 | |
It it, it would be adversely affecting our business to not be able to utilize this area in. | 00:08:39 | |
Archery. So that's really all I have. | 00:08:44 | |
So this will step in. Marty Schindler, 78454 Leaf Dr. Greenville, IN I'm the course and land manager now at the farm. | 00:08:48 | |
So I read through all the previous documents, right? So I came on board in 24 in April of 24. I spent a ton of time looking | 00:08:59 | |
through the original approvals from 2019 up until this recent. | 00:09:05 | |
Violation archery was never mentioned in any document from this board or Nick Creeby or anyone, and that's kind of where the | 00:09:14 | |
appeal brought him. You know, that's why we're asking for an appeal on this, it seems like at this point. | 00:09:20 | |
We're kind of just throwing stuff against the wall and see what sticks right. | 00:09:28 | |
We're in here more than we want to be and. | 00:09:33 | |
The 300 yard boundary was based on, from everything that I read, simply the shotgun shooting. OK, archery was never mentioned. The | 00:09:36 | |
word archery is never used and there's actually a stipulation in 2020. So originally in the documents from 20/19 it was stated | 00:09:45 | |
outside of the original course, the 24 shooting stations, the property could only be used for farm use. All right. | 00:09:53 | |
In 2020, there's an amendment that clearly says that restriction for the rest of the rest of the property was removed. | 00:10:03 | |
Which would open that up to anything outside of shotgun shooting because that was specifically stated to be highlighted on the map | 00:10:10 | |
for 24 stations. So in 2020, the board actually opened us up to use that property for anything outside of, you know, regular | 00:10:17 | |
shotgun shooting sporting plays of Hunter. | 00:10:23 | |
That's it. | 00:10:31 | |
Question. Yep I got 1. | 00:10:33 | |
I've never shot an arrow in my life. | 00:10:35 | |
A compound. Compound bows that what they call. Is that what you hunt with? What's the range? What's the maximum that that error | 00:10:39 | |
can travel? | 00:10:42 | |
The the maximum range on a compound bow. | 00:10:50 | |
Would maybe be 200 yards. | 00:10:55 | |
Keep in mind that's. | 00:11:00 | |
That 200 yards would be if I stand and shoot the arrow in the sky like this, right? Like that's not AI pull it back the direct | 00:11:02 | |
shot. | 00:11:05 | |
And and on that, on that course and where we have all our archery targets. | 00:11:09 | |
There wasn't any targets towards any neighboring property. | 00:11:16 | |
And we shoot inside our own property, back on our own property. | 00:11:21 | |
In a site with back with safe backdrops and archery is. | 00:11:26 | |
Safest areas? | 00:11:30 | |
And I mean so whenever the group who set those targets. | 00:11:32 | |
I know there was concern about. | 00:11:36 | |
Proximity to property, but we vetted everything. | 00:11:38 | |
And all shots were 100% directly away from any neighboring property all the way around whichever side you looked at. | 00:11:44 | |
Where are are you hunting with those or you're just doing? | 00:11:53 | |
Like Scholastic Kids Program, we have an archery program and we have a IBO tournament. | 00:11:59 | |
We used to have monthly shoots but we we no longer having those at the time but. | 00:12:06 | |
It's shooting phone targets. | 00:12:11 | |
So I've got pictures here. | 00:12:14 | |
I guess this trail Cam, does it belong to you? | 00:12:17 | |
That we're getting these pictures from. | 00:12:19 | |
OK, so that trail Cam is fairly close to the property line, is it not? It's yes. And I, I, I hate to even bring this subject up in | 00:12:22 | |
public, but there's actually a picture of a guy that's a. | 00:12:28 | |
Go in the bathroom. | 00:12:36 | |
And. | 00:12:38 | |
Excuse me, We'll give you a chance to speak in a moment. | 00:12:40 | |
And. | 00:12:45 | |
I can tell you this. | 00:12:46 | |
We don't want to see in here either, OK? The last thing I want to do is be sitting here spending my night talking to somebody that | 00:12:48 | |
doesn't know how to follow the procedures, OK? | 00:12:52 | |
And you know, I'm really reluctant even to even go on with this the way that I feel right now. | 00:12:58 | |
But if you do what we set forward to you. | 00:13:05 | |
Then there would be no reason to come back in here. If you had met every guideline that we set with you. There's no reason to come | 00:13:10 | |
back in here. The reason you're back in here is because. | 00:13:15 | |
You didn't take the test for the lead the way you were supposed to take the test for the lead. And I can go on. OK, So when I I'm | 00:13:20 | |
still talking, Sir. Yeah, but this is about. OK, You won't let me finish talking. | 00:13:26 | |
OK. | 00:13:34 | |
I know what this is about. | 00:13:36 | |
But he made the statement about being back in here when you did, OK? And I'm referring to that statement, OK? You made that | 00:13:38 | |
statement publicly and I'm going to respond to that statement, OK? I don't want to be in here anymore than you do. | 00:13:44 | |
So this board, how many years ago approved? | 00:13:51 | |
You guys to go out there and I love, honey, I love shooting sporting clays. I've got all kinds of guns. So it's really hard for me | 00:13:55 | |
to sit here and feel like I'm scolding guys for not doing what they agreed to do, OK? For from my standpoint, do what we agreed | 00:14:01 | |
to. Don't come in here. You don't have to come in here. So I got a question for Nick. | 00:14:08 | |
Don't let these guys sit down. | 00:14:16 | |
Does the restrictions say shooting shotguns or does it say shooting? | 00:14:20 | |
Do you do you want to answer that, Nick? | 00:14:27 | |
So the conditions, they had no shooting within 300 yards of any property. | 00:14:33 | |
Green line or public roadway? | 00:14:37 | |
Does not say gun. | 00:14:39 | |
What? OK, I have never seen anybody throw an arrow. | 00:14:41 | |
OK, I've never seen an error thrown to kill a deer or to do anytime to archery it has to be shot. | 00:14:46 | |
That says shooting. | 00:14:53 | |
We're done. | 00:14:54 | |
It's as clear as it can be. Just don't try to slide or cut the hairs. It's shooting. It's within 300 feet. Stop it. Just abide by | 00:14:56 | |
what we we gave you guys, OK? This is new for us, the same as it's new for you guys. I don't like to sit here and scold and have | 00:15:02 | |
this attitude, OK? I would love for you to be able to take care of the youth and do the things that you want to do out there, but | 00:15:08 | |
do what you agreed to do. | 00:15:14 | |
Stop bringing things to our board so we don't have to do this, OK? It's shooting and arrows being shot. You're within 300 yards. | 00:15:21 | |
I'm done. That's all I have to say. Any other questions? Yes, on Five Mile Lane, I can see the stations. Which way are those? When | 00:15:31 | |
you're at those stations, which way are you shooting? Which direction? north-south, east, West, OK. And that's 73 yards from the | 00:15:40 | |
way I read from the line property line. | 00:15:48 | |
I think that's what's on your paper. Is that correct? | 00:15:58 | |
Maybe so. | 00:16:02 | |
OK, the pictures we have, I don't know if you've seen them. I hope you have. How close were they to the property line when people | 00:16:03 | |
were there with their uh. | 00:16:08 | |
Bones, crossbows, whatever it is. | 00:16:14 | |
How close were they to the property line? | 00:16:16 | |
Apparently close to the property line. | 00:16:20 | |
But the range, all 100% of the range was. | 00:16:23 | |
But it was on your property, but you don't know how close they were to the property line. | 00:16:29 | |
Yes, Sir. It's still kind of unclear to me where that property line exactly is. And that's something that I'm going to have to. | 00:16:34 | |
Mr. Come back out. | 00:16:42 | |
Review that line to just to make sure we know where that. | 00:16:44 | |
OK. Another question is, I'm not real familiar with archery. When you were approved before, I thought it was shooting. I think we | 00:16:48 | |
specified shooting would be a projectile or a bullet explosive, not necessarily a firearm. We were looking at shooting. | 00:16:59 | |
About if you were to kill a deer, what's your range approximately? What would be a kill zone for a deer? About how many yards? | 00:17:11 | |
OK. That's what we had looked into before and I'd seen that also. So and I did see that the range for an arrow shooting is | 00:17:20 | |
anywhere from 2 to 400 yards. So the 300 yards. | 00:17:27 | |
Way it sounds would be respectful and the 73 would actually be pushing it. So if you had somebody shoot an arrow. | 00:17:35 | |
And they're 73 feet, 73 yards from it. | 00:17:44 | |
And if somebody would accidentally goofing off, you know what happens. | 00:17:48 | |
Then the neighbor is in a kill zone. | 00:17:53 | |
Possibly. So that's something to keep in mind. | 00:17:56 | |
Because 73 yards, 200. | 00:18:00 | |
Plus feet 200 and 10220 feet. | 00:18:02 | |
You know, that's that's getting pretty close to where there is a danger to the neighbors. | 00:18:07 | |
So that's something to think about. | 00:18:11 | |
And then, like I said, none of our targets ever have. | 00:18:15 | |
The neighbor. | 00:18:18 | |
Other shooting back on our problem. | 00:18:22 | |
Other questions or comments from the board? I've got a couple for Nick. | 00:18:24 | |
September 2021. | 00:18:28 | |
Minutes. I don't know if you have access to those, but. | 00:18:31 | |
Seem to be a lot of discussion around. | 00:18:35 | |
Shooting in the. | 00:18:39 | |
Archery events and there were some comments on the board. | 00:18:41 | |
That they wanted to make it clear that. | 00:18:44 | |
Let me sign it again discussing. | 00:18:48 | |
Gun shooting. | 00:18:51 | |
So I mean, I see a lot of ambiguity in that. | 00:18:53 | |
Meeting minutes. | 00:18:57 | |
There's some talk about adding the buffer trees against the. | 00:19:00 | |
Riley's yard. | 00:19:04 | |
Find that. | 00:19:07 | |
They're talking about the major events. | 00:19:12 | |
Including archery, and I don't think archery is a problem. It's the guns. We need to find shooting events in that those meeting | 00:19:16 | |
minutes and then there seem to be a concerted effort in the. | 00:19:21 | |
Conditions to add shooting. | 00:19:26 | |
To those conditions so. | 00:19:30 | |
That's kind of where I stand. I tend to agree that. | 00:19:32 | |
Shooting. | 00:19:36 | |
Guns, shooting, archery. | 00:19:38 | |
It's not been well defined in some of the past minutes, so. | 00:19:40 | |
Yeah, I would agree that. | 00:19:45 | |
That were considered the original approvals. | 00:19:49 | |
Emphasis was on gun shooting. | 00:19:54 | |
September 21. | 00:19:57 | |
Request they ask for additional event. | 00:20:00 | |
Specifically. | 00:20:04 | |
Weddings. | 00:20:06 | |
We didn't mention archery as well. | 00:20:11 | |
Given that there is no. | 00:20:15 | |
Specificity. | 00:20:17 | |
Otherwise. | 00:20:19 | |
To me, shooting is shooting and. | 00:20:20 | |
Archery requires different boundary. | 00:20:24 | |
Otherwise. | 00:20:29 | |
And if I can just chime in briefly with Indiana code 142231.5 dash 3, it defines shooting ranges. | 00:20:35 | |
And I mean, again, we already talked about that restriction clearly says shooting. It doesn't say gun shooting. It doesn't say | 00:20:43 | |
rifle shooting. It says shooting. Shooting range is defined as a means an area designed and operated for the use of archery | 00:20:50 | |
rifles, shotguns, pistols, muskets and similar firearms that are fired at. And it's got a list of places that can be fired at | 00:20:56 | |
silhouette, ***** trap, paper silhouette or other similar targets. | 00:21:02 | |
So a shooting range, which is what they're operating, is defined to include archery. | 00:21:09 | |
So I think you've got either the side where they were never approved to do archery. | 00:21:15 | |
And they're saying that they didn't even ask for that, so they were doing it and they shouldn't have been. Or it's a shooting | 00:21:20 | |
range which includes archery. | 00:21:23 | |
Maybe they can answer this question, but I'm not sure how you I didn't find anything the statute to suggest that you could get a | 00:21:28 | |
bow off of an arrow in any manner other than shooting it, and your restriction says shooting. | 00:21:33 | |
It doesn't define again a gun shooting. It's very. | 00:21:39 | |
General in that it's shooting. So I think if they were wanting to change that to be specific different boundary for archery than | 00:21:44 | |
it is for the gun shooting that they should ask for a modification of that condition. | 00:21:49 | |
Anything else? No. | 00:21:58 | |
OK. Anything else from you gentlemen? | 00:22:01 | |
OK. Thank you. | 00:22:04 | |
So we've heard staff report, we've heard from the applicant. Is there anyone else here this evening that would like to come | 00:22:07 | |
forward and speak in favor of this appeal? | 00:22:11 | |
Seeing none, we'll close that section and go to anyone here that would like to come forward and speak in opposition to this | 00:22:18 | |
request. | 00:22:22 | |
Please come forward, state your name and address for the record, and I hope you're not going to read. | 00:22:27 | |
That whole box full of. I will not read that entire box full paper. | 00:22:32 | |
Good evening board members. My name is Jonathan Hughes. I've been before you on a couple of occasions. | 00:22:37 | |
My address is 111 monument circle. | 00:22:41 | |
Sweet 2700 in Indianapolis, IN and I'm an attorney with the law firm of those McKinney Nevins and I represent Paul and Julie Riley | 00:22:45 | |
who are here with me this evening. Their address is 39345 Mile Lane. They are the individuals who complained about this. One of | 00:22:51 | |
the individuals also complaining was Mr. Andrew Loesch. I do have an additional affidavit for Mr. Loesch that's in this bag, but I | 00:22:57 | |
can I can present to you you'll find. | 00:23:03 | |
Miss, referencing Mr. Unruh's comments back in August, we were before you. | 00:23:10 | |
Reference a number of issues we have with the range. This board made a decision that we're very grateful for finding that the | 00:23:15 | |
expansion shouldn't have happened that same weekend right after we had that hearing is the archery event that you see photos of. | 00:23:21 | |
So within just a few days of this board saying follow the rules. This is the problem that we've had and our experience with with | 00:23:26 | |
with our neighbors and my client's experience with their neighbors is that following rules is is just not something that they've | 00:23:32 | |
done. | 00:23:38 | |
Not only have we been before you on a couple of occasions, but. | 00:23:44 | |
This matter itself was. | 00:23:47 | |
This matter itself, as you know, was continued on two separate occasions. | 00:23:50 | |
Which borders the range. Mr. Loesch has an updated affidavit that I can pass out to you here in just a moment that shows he's | 00:24:24 | |
found two more arrows in that yard in that on that property just in December. So to say that the arrows are staying on the | 00:24:30 | |
property is just not true. I agree with you. Shooting means shooting. I agree with Miss Fox. That's what the Indiana State law | 00:24:36 | |
says. Shooting means shooting. Mr. Whalen on your comment about the 2020. | 00:24:43 | |
21 meeting, I would just note that there was one condition about events and that event the sports specifically said gun shooting | 00:24:49 | |
events. And so I read that to me the board knows when it wants to say gun shooting puts gun in front of the word when it doesn't | 00:24:54 | |
it just means shooting. | 00:24:59 | |
Ask you revoke the permit, at the very least uphold Mr. Creeby's decision and deny this appeal. Just to go over the letter that | 00:25:33 | |
you were all referencing, which is really what's in this box. It sounds like you already have. I just point out a couple of things | 00:25:41 | |
to you. Pages 8 to 47 are going to be pictures that show various operations going on, people coming and going at the shooting | 00:25:48 | |
station. Looks like they're looking to try to find where this trail Cam is, but starting at page 48, if you go to page 48 to 55. | 00:25:56 | |
And then 57 to 85 you'll see folks shooting at this very station. On page 56 you'll see the answer to agree to ask the question | 00:26:04 | |
about how far it was my clients measurement using a tape measure standing on his property and reaching across to see how far it | 00:26:10 | |
was to that cone that was placed there. The metal post you see in those photos and in that particular picture at page 56 is | 00:26:16 | |
roughly 55 inches. | 00:26:21 | |
From the cone and that post is my client tells me the edge of their property. So we're within 55 inches of my client's property. | 00:26:28 | |
The individual Mr. Andrew spoke about I also don't want to talk about and I did blur his face and images for you. An individual | 00:26:35 | |
taking a leak on someones property is the reason that we don't want them that close to our property Michael. | 00:26:42 | |
Client would just like to enjoy their property that's on page. | 00:26:49 | |
That is on page three of your letter. On page 4 of that letter that I submitted, you'll see what that individual is looking at, | 00:26:54 | |
which is my client's house. | 00:26:57 | |
I with you, Mr. Unruh, I don't want to keep coming back here for the Annapolis. So I just pray that they would pray. My prayer for | 00:27:32 | |
relief would be that they they would respect the rules of this board and that we wouldn't have to be back here again. But I'm not | 00:27:37 | |
for sure there's any way to do that other than to tell them to stop doing what they're doing. | 00:27:42 | |
Mr. Ali, do you want to say anything to the Board? I would like to speak. | 00:27:48 | |
If you will, Mr. Reilly, state your name and address for the record. | 00:27:53 | |
Paul rally at live at 3934 Five Mile Lane and Mr. Brooks stated that you know, the youth shooting, there were over 1600 registered | 00:27:56 | |
shooters at that shoot. That field was full and it was a three day shoot. Almost every one of these shooters, adults walked. | 00:28:05 | |
Behind my house on this path that they created. | 00:28:15 | |
For basically we feel like to be harassed. | 00:28:19 | |
And I just want you all to know that you can shoot a bowl over 300 yards. | 00:28:23 | |
Easy. | 00:28:30 | |
Just because a lot of people don't draw all back correctly. | 00:28:32 | |
You know here if you're drawing back aiming up an error, that that arrow has a lot more time to travel before it hits the green. | 00:28:35 | |
And we felt uncomfortable for three days and they harassed us with this shooting for three days. | 00:28:41 | |
And it went on and on. | 00:28:48 | |
And it's ridiculous how we've been treated down there. I brought up there artery targets in the past that wasn't there in 2019. | 00:28:50 | |
They moved it over there around 2020. | 00:28:55 | |
And those targets he's talking about which way they're facing, they're not facing north, they're facing West. | 00:29:01 | |
And when they would have their club shoots, they would bring 3D targets in and face them directly towards my property. We never | 00:29:08 | |
felt comfortable when we we couldn't even walk over there during their club shoots. Their 3D3D targets were facing my property | 00:29:13 | |
plan. | 00:29:18 | |
I mean, they were shooting at. | 00:29:25 | |
And even during this sheet that they had with the. | 00:29:27 | |
1600 shooters. They had their youth shooters shooting parallel to my fence that we walk around. My wife walks around that field | 00:29:30 | |
almost every day when the weather and she couldn't even walk over there. Damn the fence world with six kids standing shooting | 00:29:37 | |
parallel to the fence at 3D targets with arrows flying directly through. | 00:29:44 | |
So I mean, I mean, why would anybody want to treat a neighbor like that? | 00:29:52 | |
We're tired of it. We're just sick of it. And we won't be treated right. We won't be left alone. | 00:29:56 | |
We want to quit coming in here all the time. | 00:30:01 | |
Thank you. | 00:30:03 | |
Thank you, Mr. Raleigh. | 00:30:04 | |
Mr. Hughes. | 00:30:06 | |
They go to Nick 1st to make sure they're in proper order. | 00:30:10 | |
Well, while Mr. Hughes is handing that out, does the board have any questions for Mr. Hughes and Mr. Riley? | 00:30:13 | |
Nelson. | 00:30:21 | |
OK. Anything else for shoes? Just thank you very much for your time. Appreciate all the work the sports put on this project. Know | 00:30:23 | |
it's unique, but we do appreciate you think. | 00:30:27 | |
Thank you. | 00:30:31 | |
OK. We've heard now from the staff, from the applicant, from those four and against. We will invite the applicant back if you'd | 00:30:33 | |
like to respond to any of these. I'm sorry. | 00:30:39 | |
I got carried away because I know we went overtime limit. | 00:30:46 | |
Is there anyone else that that's here this evening would like to speak in opposition? My apologies. | 00:30:50 | |
Please come forward, state your name and address for the record man. We'll get you next. | 00:30:55 | |
My name is Andrew Lush, I live at 4155 My Lane. | 00:31:04 | |
My mother-in-law lives at 4166 Five Mile Lane. | 00:31:08 | |
And that's the property that the arrows. | 00:31:13 | |
I have found from Mr. Brooks. | 00:31:18 | |
Shooting and. | 00:31:21 | |
My question is. | 00:31:24 | |
You know, we got 4 Wheelers back. There we come, we enjoy. | 00:31:26 | |
We enjoy our land and what's aggravating to me is I'm supposed to give up. | 00:31:30 | |
My time back there because they're having an archery shoot. | 00:31:37 | |
That they're supposed to be 300 yards away. | 00:31:41 | |
If they just follow the rules that they agreed to beginning of all this, we wouldn't be here. | 00:31:44 | |
So I'm sure there's more arrows back there. I don't go back there looking for them. | 00:31:50 | |
I do. I'm back there cutting wood and just have stumbled across them, so it's not like I'm back there. | 00:31:54 | |
Trying to find evidence, but. | 00:32:01 | |
You know, I found and truthfully, the arrows I found this last time probably. | 00:32:04 | |
I would say 50 yards. | 00:32:09 | |
On our property. | 00:32:12 | |
So that's. | 00:32:13 | |
I don't know where the target was at. I did see the guy that was back there putting the targets up. | 00:32:16 | |
And I know they were shooting. | 00:32:21 | |
They were standing right on our property line as well as Mr. Riley's. | 00:32:23 | |
At another location. | 00:32:28 | |
But you know, we haven't got kids. I don't know who's liable if who's liable if they get shot by an arrow back there, You know, so | 00:32:30 | |
and it's not, it's during the time of the year where we're you don't have to wear blaze warnings or anything like that. I mean, we | 00:32:36 | |
can be back there in camouflage and no one sees. So but if you're 300 yards away. | 00:32:42 | |
More than likely it's going to hit a tree or something like that before it hits our property line. | 00:32:49 | |
So I don't want to be in here anymore either, but it seems like. | 00:32:53 | |
The rules that they agreed to, they are not following. | 00:32:58 | |
And it's very aggravating for all the members. | 00:33:02 | |
Thank you. Thank you, Neil. | 00:33:05 | |
Is there anyone else here this evening like to speak in opposition? | 00:33:08 | |
OK. Now we will close that section and Mr. Brooks, if you'd like to come back up and. | 00:33:15 | |
Respond to any of the. | 00:33:20 | |
Comments have been made, you're welcome to do so. | 00:33:22 | |
Well, the first the. | 00:33:28 | |
The highest thing we hold in regard to our club is safety. Safety is paramount. | 00:33:31 | |
In every level, safety is paramount in every event. | 00:33:36 | |
It was never, I mean. | 00:33:42 | |
It was never. | 00:33:44 | |
Ever in in. | 00:33:46 | |
In my intentions. | 00:33:49 | |
To ever have a bad neighboring issue ever coming into this business, I felt like this was a very positive impact on the on the | 00:33:51 | |
county and our community and on our neighbors. | 00:33:58 | |
I wanted to cultivate those relationships. | 00:34:06 | |
Inviting our neighbors to participate and be a part of this. | 00:34:10 | |
And it's still my goal to to have good neighbors and it's still my goal to have a positive impact on our county community. And | 00:34:15 | |
when we host events like this, the archery event in that that they're referring to that brought over $2,000,000 of revenue to our | 00:34:22 | |
county in, in those three days, OK, with the, with the tourism dollars, OK. So they're talking about raising taxes or raising | 00:34:29 | |
funds and raising taxes in Floyd County. And, and when we when we host these. | 00:34:36 | |
To convince all of our events have a. | 00:34:44 | |
Huge positive impact and financial impact on our county revenue dollars and tourism. So it's with every intention of mine. | 00:34:48 | |
To have a positive impact on the county and neighbors and be a good neighbor and. | 00:34:57 | |
Like I want to repeat that safety is paramount on every level. | 00:35:05 | |
Every level. So with that being said. | 00:35:09 | |
Although all those events are vetted. | 00:35:15 | |
How those how those arrows got if they were our arrows, If they weren't, we find things on our property as well. We find shotgun | 00:35:19 | |
shells, we find arrows, we find things from the past because that's always been a hunting property. | 00:35:26 | |
Just this year. | 00:35:34 | |
Two tree stands and trail cameras, often off our neighboring property. There they were having tree stands on our property. | 00:35:35 | |
They had trail cameras on our property. They were deer hunting on our side of the property. OK, but when they talk about how close | 00:35:45 | |
we are to their property. | 00:35:50 | |
OK. | 00:35:56 | |
Maybe we were that close, but we were. | 00:35:57 | |
Wholeheartedly under the impression that that 300 yard restriction was solely on the use of guns. | 00:36:01 | |
OK. Never ever was it discussed that archery was fell within that. OK, so that that was not discussed and that was not us not | 00:36:07 | |
following any rules. | 00:36:12 | |
I mean, with all that being said. | 00:36:19 | |
We we were close, but that's still our property. | 00:36:23 | |
So that's like. | 00:36:28 | |
You be anybody being on their own property and your neighbor saying that's far enough, don't come any closer to my property. | 00:36:30 | |
Well, from here to that door still my property. | 00:36:37 | |
And we are the only club in America and I've traveled. | 00:36:40 | |
And extensively and shot all over the country. | 00:36:46 | |
There's not another club with this type of restriction, OK, There's not another club with this type of restriction holding a club | 00:36:50 | |
to the regards of of of not shooting that close to the property line. | 00:36:57 | |
It just has a. | 00:37:04 | |
It's it's unheard. | 00:37:06 | |
But we're going along with it. We haven't shot guns. So we're we're, we're, we're respecting that, but it's never an issue. So it | 00:37:08 | |
wasn't intentionally that we were shooting archery and saying, well, we're just going to do this because it's not the case. Like I | 00:37:14 | |
said, everything we do. | 00:37:20 | |
We truly. | 00:37:28 | |
Safety at the forefront and we truly want to make a positive impact on on the what we do in our county with our people and | 00:37:30 | |
including our neighbors, everyone of our neighbors, OK, We want to be good neighbors. Thank you. I got a question please. Number | 00:37:36 | |
one, I want to thank you for what you bring into the county. And I think the reason that we approved this to start with was that | 00:37:43 | |
it was a good project for kids and a good use of the land. | 00:37:50 | |
And so I want to start with that Secondly. | 00:37:57 | |
You're saying safety is up most the importance? | 00:38:01 | |
Let's say that you don't. You didn't have to abide by a 300 foot for archery. Do you think shooting on the property line is safe? | 00:38:05 | |
Would you have some kind of buffer that you would instill on your own for safety, not be on the property person's property? What | 00:38:10 | |
would you think is safe? | 00:38:15 | |
Well. | 00:38:23 | |
If you're, if you're hunting your own property, I'm asking you on this particular property where you got hundreds of people to | 00:38:25 | |
shooting you said safeties. The number one important thing. | 00:38:29 | |
What's safe in Europe? I mean, we are shooting back on our own property. I understand it, but I'm asking how much buffer? How much | 00:38:34 | |
buffer? I would say 100 feet, OK. | 00:38:40 | |
OK, Thank you. I mean even. | 00:38:45 | |
Before you step away, Mr. Brooks, there any other questions for Mr. Brooks while he's here? Can you take us through the the | 00:38:50 | |
procedures? Was there someone with the event with each group or that on their own? What was the? | 00:38:54 | |
It was put on by an organization called Total Archery Challenge and they travel around the country and several states. | 00:39:01 | |
Hosting the same event at different clubs all over the United States. | 00:39:08 | |
And it's growing every year. They're hosting more events every year. | 00:39:13 | |
And with that being said, that they they control, they came in and just. | 00:39:17 | |
Put on their own shoe so it was on our property. It's great for the community and it's a it's a professional run event. So so did | 00:39:25 | |
they set the targets? | 00:39:30 | |
And each group did each group have a representative from that organizational that stays with each range. And they, they, they, | 00:39:36 | |
they put up five range and it's called extreme total archery challenges and extreme archery event to where they walk. They want | 00:39:43 | |
every course to be a challenging hike as they don't shoot these targets. So it's a hike and they, they want that trail to, to | 00:39:49 | |
close to a mile. | 00:39:56 | |
That's why it's taken up so much space to. | 00:40:03 | |
Put up five ranges. | 00:40:08 | |
OK. Thank you. | 00:40:11 | |
Do they walk to each range or do y'all take them with your? No Sir, everybody's on foot. | 00:40:14 | |
And they supposedly have a trail to stay away from the property lines. | 00:40:20 | |
Directional signs and and they go from target to target, either shooting 20 to 25 targets per range in that mile loop. | 00:40:26 | |
But as far as that goes, the. | 00:40:36 | |
Line property line. There's no marking really there. | 00:40:38 | |
In in this case where where the pictures were taken like I said. | 00:40:42 | |
I'm not sure where that boundary is. I was. I was not. | 00:40:47 | |
Aware that Mister Riley's property came up into the woods as far as it did. If that's the case, and I've already reached out to | 00:40:52 | |
Dave Ruckman who did the survey, and he's going to come back out and and re establish that line for me. | 00:40:59 | |
Other questions? | 00:41:10 | |
Any other questions from the board? | 00:41:13 | |
Mr. Brooks, I mean, we've already closed the public comment section. I'm sorry. | 00:41:15 | |
Mr. Mr. Ma'am, if you keep speaking, we're gonna have you removed. | 00:41:21 | |
So. | 00:41:26 | |
Thank you, Mr. Brooks. | 00:41:29 | |
Folks, I'm sorry, but we have other items on our agenda this evening and we've expanded our time to let everyone be heard and and | 00:41:32 | |
we've heard. | 00:41:36 | |
From those for those against and we we just have to keep moving with this. | 00:41:41 | |
Anything else from the board? | 00:41:48 | |
Before we move to vote on this item. | 00:41:51 | |
Do we have a ballot? We do. | 00:41:55 | |
And Christy, once again, I've not done. | 00:41:59 | |
Have not filled one of these out very often. You want me to read the whole paragraph at the top? | 00:42:02 | |
Should I read that? You do not have to read the entire paragraph, just your findings of fact and the appeal. The decision is the | 00:42:08 | |
decision that was made by the plan director. OK, OK. | 00:42:13 | |
All right, so this is Docket FC. | 00:42:21 | |
10-24-44 Petitioners named supporting clubs at the farm. | 00:42:24 | |
Finding the facts. The appeal. The appeal of the decision issued by the Board of Zoning Appeals. | 00:42:29 | |
Corrected the appeal of decision issued by Plan Director Nick Creevy. | 00:42:43 | |
Dated of appeal decision on the 9th of September, 2024. | 00:42:51 | |
The appeal was timely filled. | 00:42:57 | |
Filed within 30 days of the appealed of the appeal. | 00:43:01 | |
Decision. | 00:43:06 | |
Evidence reviewed. | 00:43:08 | |
Special exception ballot from 10th of June. | 00:43:10 | |
2019. | 00:43:14 | |
10th of March 2020 and 15th of September 2021. Photos dated August 18th from the Mr. rallies Mr. Paul Riley. | 00:43:17 | |
The evidence does. | 00:43:29 | |
Support the appeal decision. | 00:43:33 | |
The board of. | 00:43:38 | |
OK. Yeah. The only other thing is other evidence you reviewed would be testimony of staff. | 00:43:41 | |
Statute. Indiana Code. | 00:43:47 | |
OK, so you want me to put that word? | 00:43:51 | |
Just put Indiana statute is fine or Indiana code under special exception with the same evidence review, evidence review, What do | 00:43:53 | |
you want me to put there? Indiana Code? | 00:43:58 | |
OK, staff testimony. | 00:44:05 | |
Or recommendation to everyone to phrase up. | 00:44:09 | |
OK. | 00:44:13 | |
Staff recommendations. That's it. | 00:44:14 | |
All righty. | 00:44:18 | |
Good. | 00:44:20 | |
All right. The evidence does support the appealed decision. | 00:44:21 | |
The Board of Zoning appeal here buys. | 00:44:27 | |
Denies the petitioners. | 00:44:31 | |
Administrative appeal at the meeting held on the 13th day of January 2025. | 00:44:33 | |
That is my ballot. | 00:44:40 | |
We have a ballot. | 00:44:41 | |
Do we have a second? | 00:44:43 | |
We have a ballot with no second. | 00:44:55 | |
He's looking. | 00:44:59 | |
I'll second it. | 00:45:06 | |
OK, we have a ballot and we have a second. | 00:45:08 | |
Any other questions or comments? | 00:45:11 | |
Mr. Whalen, looks like you're looking something up. | 00:45:14 | |
I'm just going to look at the. | 00:45:17 | |
The actions. | 00:45:19 | |
I'm good. | 00:45:45 | |
So no other questions or comments from the work, no. | 00:45:47 | |
OK, then we'll move to vote. All those in favor signify by saying aye aye. Any opposed like sign. | 00:45:50 | |
That request was hereby denied or the appeal was denied by the Board. | 00:45:56 | |
OK, moving on with our agenda this evening. The next item on our agenda is agenda item number 2, which is another old business | 00:46:04 | |
item FC11-24-46. | 00:46:08 | |
This is. | 00:46:14 | |
A special exception, special use exception and I believe. | 00:46:17 | |
Nick is going to come forward in a moment. | 00:46:22 | |
And give the board an update. | 00:46:25 | |
So this is for Aqua Indiana. | 00:46:51 | |
I believe this item is tabled at the last meeting. | 00:46:54 | |
For some additional questions, Don presented the staff reports. I won't. | 00:46:59 | |
Do that again. They did provide a letter addressing some of those. | 00:47:05 | |
Items of concern which was provided to the Board. | 00:47:10 | |
I believe they haven't happened. | 00:47:15 | |
Representatives here that could. | 00:47:18 | |
Going to it further, it looks like they might be the only folks of the year, so perhaps the concerns from the public were not as | 00:47:20 | |
great as previously thought. | 00:47:25 | |
I will be able to address 1 of the issues regarding the floodplain. | 00:47:31 | |
During building permitting, we review those for floodplain compliance and we believe that that is probably the. | 00:47:35 | |
The fringe area, which would require a local floodplain permit and. | 00:47:43 | |
Verification that any building would be flood proof or elevated above the base cloud elevation. | 00:47:48 | |
Do you have any questions for me? Any other questions for Nick? | 00:48:00 | |
I was not here last month to hear the actual presentation so. | 00:48:05 | |
You left me hanging. | 00:48:13 | |
Did a fine job. I will also know in the in the document that they prepared that the. | 00:48:16 | |
Applicant prepared. They did move this structure closer to the existing barn, enclosed it in offense. | 00:48:22 | |
Agreed to put some screening in that fence. Black vinyl. | 00:48:30 | |
In the chain lead 7 foot chain lead fence. | 00:48:36 | |
Additional vegetation screening. | 00:48:40 | |
So it looks like they've made some. | 00:48:42 | |
Some adjustments based on the concerns. Do you have a drawing for that or is it just, it's in his letter? It's it's, it's just | 00:48:45 | |
verbal. Oh, I got you. OK, thanks. | 00:48:50 | |
So so I just have a clarification for. | 00:48:56 | |
Christie, since this did come before the Board last month, did we get through the whole presentation last month and we just tabled | 00:48:58 | |
the? | 00:49:02 | |
I think we did. I think we got to the end and there were some questions by the board and it was tabled so that they could have | 00:49:07 | |
time to answer those questions. OK. So, so my understanding then is we don't have to go back through the whole process. I think | 00:49:13 | |
we've run into this before, Nick. We don't have anybody here. I think it's fine to go through the process. I don't think it might | 00:49:19 | |
take too long here. I would just go through the process. I think we've run into this a time or two before and I think because | 00:49:25 | |
there were some changes. | 00:49:31 | |
To their original application, I would recommend just going through the process versus just simply having some questions answered | 00:49:37 | |
because they did make some revisions. Sure. OK. I just wanted to clarify before we move forward, of course. OK, Thank you, Nick. | 00:49:43 | |
So, so we've heard from staff, I assume that the three folks left in our audience beside those associated with us. | 00:49:49 | |
Represent the applicant. So if one or more of you would like to come forward, state your name and address for the record please. | 00:49:56 | |
We'd like you to give us an update. | 00:50:03 | |
Thank you, Scott Cycle, Midwestern engineers. | 00:50:08 | |
6809 Corporate Dr. Indianapolis, IN. | 00:50:12 | |
46278. | 00:50:16 | |
As stated in the December meeting. | 00:50:19 | |
This property is a. | 00:50:24 | |
Non conforming use to the zoning. | 00:50:26 | |
And it has been non conforming since the. | 00:50:30 | |
Induction of the zoning ordinance. | 00:50:34 | |
It's a wastewater treatment plant that serves the. | 00:50:37 | |
Neighborhood directly adjacent. | 00:50:40 | |
The questions asked at the December meeting were regarding staffing levels. | 00:50:44 | |
The location of the building itself. Original depiction of their exhibit of the building had it a certain distance away from the | 00:50:52 | |
existing building. | 00:50:57 | |
And then also. | 00:51:03 | |
The. | 00:51:07 | |
Floor elevation was questioned at that time. | 00:51:08 | |
In response to those, the staffing levels is not meant to be a permanently used building. Essentially, it'd be kind of a. | 00:51:12 | |
Location where staff that is attending to several wastewater plants within the area has an opportunity to to manage report | 00:51:24 | |
writing, store their office supplies, those kinds of things at that building. | 00:51:31 | |
We did slide that building back closer to the existing facility from what we had shown previously. So it's approximately the new, | 00:51:39 | |
the new version is probably I'm going to say within about 10 feet of the existing building. | 00:51:47 | |
Versus the. | 00:51:55 | |
Roughly 40 to 50 feet at once before and then the elevation of the floor is not determined. | 00:51:57 | |
At this time, that's something that we will address during this time. | 00:52:04 | |
So that kind of covers those questions and I. | 00:52:09 | |
Is there any other questions you want me to cover or the 40 foot that's showing on this? | 00:52:12 | |
Is down to what I mean. Do you want to see this? Well, maybe I'm wrong. I'm on the wrong. Yes, it's got right there. That's right | 00:52:17 | |
there. | 00:52:21 | |
Here's a copy of the. Oh, OK, well, OK, gotcha. | 00:52:27 | |
Gotcha, gotcha. | 00:52:32 | |
All right. Can I have this? Yeah, it's mine. | 00:52:33 | |
Thank you. All right, that answers that. All right. Were you Speaking of the 40 feet between the? Yeah, yeah, I still had the. I | 00:52:38 | |
still had the, I had the older. | 00:52:43 | |
Just so I'm clear, what 40 feet? Because they're yeah, we do show another 41 feet from. | 00:52:48 | |
Property line to the South as well. | 00:52:54 | |
So I just wanted to make sure we were just talking about the same 40 feet. | 00:52:57 | |
Any additional parking areas for this? Are they going to utilize what's already there? | 00:53:03 | |
I'm sorry, any additional parking area is going to be constructed. Are they going to use what's? | 00:53:07 | |
The intent is to use what's there. | 00:53:12 | |
Since we are not a, it's not a permanently used building. | 00:53:14 | |
And I think to follow up on one of your questions from previously about sliding that building to the South of the existing | 00:53:20 | |
building. | 00:53:23 | |
One of the issues with that is it would lock the drive, which would cause problems for maintenance equipment to get to. | 00:53:26 | |
The wastewater facility, OK. | 00:53:33 | |
But obviously the elevation of the floor is going to be high enough to where that we're not. You're not going to deal with flood, | 00:53:36 | |
right? That is the intent, yes, but that elevation has not been. | 00:53:40 | |
Right, but you said intent. Can we? Is it clear to say that you will set it above a flood? | 00:53:45 | |
All right, 10-4 and then. | 00:53:53 | |
I guess maybe this is an old drawing too. This says bank pack is getting got a floor plan. It says bank pack. It's got a bedroom, | 00:53:57 | |
master bedroom, 2 dining room. I don't even know what I'm looking at. | 00:54:02 | |
The layout of the building, but I think that's just. | 00:54:12 | |
Yeah, so the building is intended to be a modular prefabrication. | 00:54:15 | |
Building and that is kind of their stock drawing. However, there will be modifications to that. So there's not a bedroom, it would | 00:54:19 | |
be an office. Those are offices. | 00:54:23 | |
OK. And what is the exterior? What will the exterior be made out of? I'm sorry. | 00:54:30 | |
I thought there was another question. The exterior would be as conforming to the zoning ordinance for the residential. | 00:54:36 | |
Area as possible, meaning if the surrounding neighborhood has. | 00:54:44 | |
Citing the intent is to blend that with the neighborhood and then use the vegetated screening and the fencing to try to hide it. I | 00:54:49 | |
think some demonstration from the last meeting was. | 00:54:55 | |
You enter the neighborhood and you see a wastewater plant. | 00:55:02 | |
Aqua has stated that they are aware of that and want to try to screen that that facility as best as possible. | 00:55:05 | |
So this. | 00:55:15 | |
Modular office will be within the fence, yes, yeah, the fence will be expanded to the building will be inside the fence and that | 00:55:17 | |
fence is a what type of fence? | 00:55:22 | |
Proposed to be a chain link fence with black. | 00:55:28 | |
Final sliding, OK, slats in it, yes, OK. | 00:55:31 | |
Yes, OK. | 00:55:34 | |
OK. | 00:55:39 | |
Do you think that the staff will be parking inside the gate? Yes, OK. | 00:55:45 | |
Just one FYI information we we're after this been a month or so ago, there was a lot of trash. I should call it trash barrels, | 00:55:52 | |
either use barrels or whatever that was against the fence and it was very visual is visible from from the road. So if they're | 00:55:59 | |
going to be obviously parking there, they're going to leave the gate open. I'm sure to go to and from It'd be nice to keep that | 00:56:06 | |
area cleaned up and and just have staff not have any. I mean, I, it, it happens. | 00:56:13 | |
You know, I mean, you just. But it'd be nice if we could do that, yeah. | 00:56:21 | |
I'm done. | 00:56:26 | |
Other comments. | 00:56:28 | |
Anything else? | 00:56:31 | |
No, Sir. | 00:56:32 | |
If you will state your name and address, my name is Jim Shields and State Engineer for Aqua Indiana. Our address is 5750 Castle | 00:56:36 | |
Creek Parkway N Drive, Suite 313, Indianapolis, IN 46250. | 00:56:44 | |
I had a pull my business card up. This is a long. | 00:56:53 | |
Just wanted to give up. Thanks. Thank the board for considering this. This facility has been here since the early 70s and has been | 00:56:56 | |
expanded in the past. In early 2000s, Aqua retained this facility in early 2000s. Throughout the year since Aqua has been working | 00:57:05 | |
out of this facility, we have leased multiple different locations in and around Floyd County Fund. | 00:57:14 | |
Our operations basically it's a place to sit down, write their notes. You you are DMRS submitted to the state. We just need a home | 00:57:23 | |
base to put our intent has to follow the rules of this. | 00:57:29 | |
And it comes back into talking with Nick in the past, what do we need to do? And this was the proper way to go about adding | 00:57:35 | |
something else to this, to this site, understanding some of the concerns about the fencing things. Nothing's been done with that | 00:57:43 | |
fence since it was originally constructed. Recognizing, yes, it's at the front entrance to a facility. We can do a little bit | 00:57:50 | |
better on undressing this up, but our intent is not to have something that looked industrial, something out of character for. | 00:57:58 | |
Facilities. So that was the whole reason for coming in. So we were doing this the correct way. | 00:58:05 | |
Thank you very much. Thank you. | 00:58:10 | |
Jake, I have a follow up with you possibly if you could help me. | 00:58:14 | |
Larry and I went on out on this project together and he kind of he's out of town. He kind of expressed some of his issues. I. | 00:58:20 | |
Do you feel that the the the fence with the slats in them would take care of having to have any additional vegetation screening | 00:58:27 | |
or? | 00:58:33 | |
In your opinion, you're good with that? Yeah, OK. | 00:58:39 | |
OK. That would be sufficient with our. | 00:58:42 | |
OK. All right. I'm just, this is kind of some things that Larry, Larry and I talked about, he was concerned about. | 00:58:46 | |
And they did commit to adding some vegetative screen. | 00:58:52 | |
As well as the fans. | 00:58:55 | |
It is already screened by the existing trees right most of decision. | 00:58:59 | |
So I'm just from staff perspective the proposed. | 00:59:04 | |
The plan that they presented will likely enhance the site and make it look better than an existing. | 00:59:10 | |
So that's. | 00:59:19 | |
So do I need to state in the conditions they they've agreed to do that fence and they've used that they've agreed to do I would | 00:59:21 | |
just. | 00:59:25 | |
Reference their letter dated January 8th, 2025. | 00:59:30 | |
OK, wait a minute. | 00:59:35 | |
David what? | 00:59:41 | |
January 8th, 2025. | 00:59:43 | |
Anyways. | 00:59:48 | |
All right. And then, then if the exterior. | 00:59:53 | |
Proposed structure should be aesthetically appropriate for the residential subdivision neighborhood, and that's. | 01:00:00 | |
They've agreed to to go along with whatever our. | 01:00:07 | |
Our our regulations are, is that correct? | 01:00:10 | |
We would have no restriction on building material for that, None, OK. | 01:00:13 | |
So I guess. | 01:00:20 | |
Yes, I would question. | 01:00:22 | |
For commercial structures, we do have. | 01:00:25 | |
Maximum. | 01:00:28 | |
Of vinyl. | 01:00:30 | |
For residential, we do not have. | 01:00:32 | |
Restrictions on building. | 01:00:35 | |
And this, this is coming to the residential guideline or commercial guideline. | 01:00:36 | |
It's a special exception, so it doesn't come under the guideline. | 01:00:40 | |
Existing zoning is residential, so unless otherwise stated it would be the resident. | 01:00:45 | |
So unless otherwise state as in they place the condition that they need to follow the commercial parameters for the exterior of | 01:00:53 | |
the building, which would be commercial no more than 20% maximum. | 01:00:58 | |
Final allowance for commercial structures. So the other part which could be wood. | 01:01:06 | |
Could be wood. | 01:01:12 | |
Different kind of. | 01:01:15 | |
Materials, facades, OK. | 01:01:17 | |
Problem is that as high as it's probably built, that's going to be what's seen over the sense, so adding that in. | 01:01:19 | |
I'm just wondering how much does it just go wood? I mean, I know they make those, they they make them where you can just put wood | 01:01:27 | |
siding instead of vinyl siding. I mean, the problem I got with vinyl siding is, I mean, we've approved a subdivision. I got to | 01:01:34 | |
mention it and I've been by it and the houses have been built less than two months. And the, the siding looks like, I mean, it's | 01:01:41 | |
WAVY. It's, it's warped the whole 9 yards. And I just, it's not good. It's just didn't look good. So I wonder if. | 01:01:48 | |
To say hard side. | 01:01:56 | |
Hardy board. Party board. Metal. Yeah, something hard. It's hard sided, maybe. | 01:01:59 | |
I'm just, I'm talking through it. I mean, just, I mean, in this particular case, though, is the public going to see it? | 01:02:05 | |
Yeah, I think so. And they're going to, I think they're going to see that over the top. | 01:02:12 | |
I mean, it's going to be visible. | 01:02:18 | |
So. | 01:02:20 | |
You know every time I read about that service. | 01:02:23 | |
I have a hard time facing myself, you know? I mean, it's like, I wish I'd done something different, so. | 01:02:26 | |
I mean, I'm trying to, I'm asking before I do the ballot. It's just if you if you guys have some, some input on that before I I go | 01:02:32 | |
any further. So. | 01:02:36 | |
First, let them put whatever they want to put on it. I don't have problem. | 01:02:41 | |
OK, All right, 10/4. | 01:02:46 | |
All right, all right. | 01:02:50 | |
All right. Thank you, Nick. | 01:02:54 | |
Thank you folks. So we have heard from the applicant. | 01:02:56 | |
I still have to ask the question, since we're going through the agenda. Is there anyone else here this evening that would like to | 01:03:00 | |
speak in favor? | 01:03:02 | |
Of this request. | 01:03:06 | |
OK, I see your head. | 01:03:08 | |
Is there anyone here this evening that would like to speak in opposition to this request? | 01:03:10 | |
Seeing none. | 01:03:16 | |
And given the conversation we just had, is there anything else you guys would like to add to the discussion about the exterior, | 01:03:18 | |
that interior? OK, Then we will close this section, the public comment section of our meeting, and we will move to a ballot. Do we | 01:03:24 | |
have a ballot? Yes, we do. OK. | 01:03:29 | |
All righty, this is docket FC11-2446, positioner named Aqua. | 01:03:36 | |
Indiana. | 01:03:44 | |
After Kerfoot review, the Board finds that the special exception will not be endorsed to the public health, safety, morals and | 01:03:45 | |
general welfare of the community because the project will facilitate the operation of the utility. The structure will be built in | 01:03:52 | |
a pivotal building code and not create any physical hazard to the nearby properties. The use and value of the area #2 The use and | 01:04:00 | |
value of the area adjacent to property subject to special exemption will not be affected in a substantial adverse manner. | 01:04:07 | |
Because the proposed site is located location of a wastewater treatment plant with utility structures, additional an addition of a | 01:04:16 | |
small office building will not significantly alter the use of the property. | 01:04:22 | |
The knee #3 The need for the special exception does arise from some condition particular to the property involved because the use | 01:04:30 | |
is a legal non performing use since it was constructed before current zoning restriction applied #4 The strict application of the | 01:04:37 | |
terms of the Floyd County zoning arts will result in unnecessary hardship. The use of the property because the expansion of the | 01:04:44 | |
legal non conforming use requires a special exception approval. | 01:04:51 | |
#5 the approval of the special exception will not. | 01:05:00 | |
Contradict the goals and objective of the Foley County Comprehensive Plan because the approval will support the operation of | 01:05:03 | |
utility providing infrastructure to the community. | 01:05:07 | |
The board of Sonia. | 01:05:14 | |
Appeals Hereby grants the positioners special exception. | 01:05:16 | |
Meeting held on the 13th day of January 2023, 2020 20/25/20. | 01:05:21 | |
I went backwards January 2025. | 01:05:29 | |
The approval of the Board is subject to the. | 01:05:35 | |
Completion of the following conditions. | 01:05:37 | |
All right, the exterior of the proposed structure shall be aesthetically appropriate for the residential subdivision. Residential | 01:05:41 | |
neighborhood. | 01:05:45 | |
Letter dated and and she'll they the applicant should. | 01:05:49 | |
Adhere to the letter dated that they sent on one 8/20/25. | 01:05:53 | |
That's my ballot. | 01:06:00 | |
OK, we have a ballot. Do we have a second? | 01:06:02 | |
I'll second. | 01:06:04 | |
OK, we have a a ballad and a second. Any other discussion or comment on the ballot is proposed. | 01:06:05 | |
Seeing none all those in favor signify by saying aye. Any opposed like sign motion passes. | 01:06:12 | |
Thank you gentlemen, for your patience this evening and coming back again. | 01:06:18 | |
OK, moving on with our agenda this evening. | 01:06:24 | |
We have will move from old business into new business and I think. | 01:06:29 | |
Oh, I'm sorry, can we address? We do need your address. Another thing on the old business. | 01:06:34 | |
Items 345 and six, That's FC 112449112450112451. | 01:06:39 | |
Two were tabled from last meeting. | 01:06:48 | |
Those were development standard variances related to special. | 01:06:51 | |
Exception request by Jake Elder The Elder company special exception was denied. There was some. | 01:06:56 | |
Lack of clarity on what to do with the remainder. | 01:07:06 | |
Development standards variances or whether they should be withdrawn or tabled. I did speak with Mr. Elder prior to his submittal | 01:07:08 | |
of those applications and warned him that if the special exception was not approved then. | 01:07:16 | |
The development standard variances would not be able to approve. He understood the risk there and and chose to apply anyway. | 01:07:24 | |
So at this time I believe the appropriate thing would be to dismiss those items rather than table indefinitely. OK. | 01:07:33 | |
So just for clarification, originally at the meeting he said he was interested in withdrawing them, then was interested in trying | 01:07:43 | |
to see if he could table them. | 01:07:48 | |
If that's the direction the Board takes, that if no person appears on behalf of the petition, which Mr. Elder is not here this | 01:08:24 | |
evening, then the petition may be continued until the next regular meeting or dismissed at the discretion of the board. Then | 01:08:31 | |
there's a B section where if there's no action for 90 days unless good causes shown, you guys can dismiss as well. | 01:08:37 | |
So but his feast does he his fees. If it gets dismissed or withdrawn he'd have to repay. He'd have to re bring all those things | 01:08:45 | |
again so he don't get a refund. | 01:08:50 | |
No, I mean it sounds like Nick had that conversation with him and maybe even discussed just bringing the first agenda item. | 01:08:56 | |
I think a special exception is that correct before bringing the the developmental standard variances and he chose to submit them | 01:09:05 | |
all at one time. So we just need a motion to dismiss or whatever is what we not a ballot, correct. You could either table another | 01:09:10 | |
months or dismiss. | 01:09:15 | |
So 2 year olds. I think at this point he has not shown it was table from last month to this month. | 01:09:21 | |
Be any more conversation since. | 01:09:26 | |
There on this. | 01:09:29 | |
I think he ought to be contacted in case he had another plan. I'd hate to see him lose that money and he's got 90 days. It's a lot | 01:09:32 | |
of money. | 01:09:36 | |
The issue you have I mean, I guess. | 01:09:40 | |
I would rely on Nick but his special exception. | 01:09:43 | |
Was denied. He has to now wait a year to bring that back before the board again. So these are these. | 01:09:47 | |
These are useless, right? Right. The variance that the applications for the variances are for a use that's not allowed. | 01:09:53 | |
So if he had another special, had something else that wasn't allowed and he wanted to come before us, he can't for a year or just | 01:10:03 | |
for this particular item that he came in for, it would have to be substantially changed. I think he could bring in a separate | 01:10:10 | |
special exception. Well, that's what I was thinking about. | 01:10:18 | |
And then use that others. But we would still need to submit new applications because the site plans would be. | 01:10:26 | |
Different and everything OK. I think staff put it in a lot of work to review these, put together staff reports. | 01:10:33 | |
And to do it all again, he should pay again so he can't find another piece of property and use these on that other piece of | 01:10:41 | |
property. He has to use it on this property in the earliest that he can do that is one year because, well, these standards | 01:10:47 | |
variances were all applied to the Tide Drive too. | 01:10:53 | |
I mean, that was his engine, the rest of it was a train. There's nothing to pull again. So I mean, if he asked for a different | 01:11:02 | |
special exception on that property, different use. | 01:11:06 | |
These would not support. These were in support of that use that he was requesting at that time, correct? | 01:11:11 | |
OK, so I understand. So I'll make a motion that the board withdraw, dismiss, dismiss. | 01:11:17 | |
FC 11/24/49. | 01:11:25 | |
FC 112450. | 01:11:29 | |
FC 112451. | 01:11:31 | |
FC 112452. | 01:11:34 | |
I second. | 01:11:39 | |
OK, we have a motion and a second. | 01:11:41 | |
All those in favor signify by saying aye aye. Any opposed like son that passes. | 01:11:43 | |
OK. Anything else under old business that it will be off? OK, moving to new business? | 01:11:50 | |
Staff requests to table this item. | 01:11:58 | |
The applicant. | 01:12:01 | |
Is going to provide some additional information. | 01:12:03 | |
Site plan. | 01:12:07 | |
There are some ambiguous ambiguity regarding the property line. | 01:12:09 | |
That needs to be clarified. | 01:12:14 | |
It says staff requested table until the February regular but. | 01:12:16 | |
OK, any questions? Make a motion. We table FC 12/24/53 until the February regularly scheduled for zoning pills meeting. | 01:12:23 | |
I'll second it. | 01:12:34 | |
OK, we have a motion and 2nd all those in favor signify by saying aye. Any opposed like sign. | 01:12:35 | |
Thank you. Is there anything else to come before us, Nick or Christy? | 01:12:42 | |
Any other board members? | 01:12:46 | |
OK, I'll entertain a motion to adjourn. So move second. All favor signify by second. | 01:12:48 | |
Thank you, Officer. | 01:12:55 | |
Now when I was talking, did I say yards or feet? | 01:12:57 | |
Did I say yards or feet when I was getting? | 01:13:03 |
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Name | Document type | |
---|---|---|
Docket FC-11-24-46 Aqua Indiana | General Document | |
Docket FC-10-24-44 Sporting Club at The Farm | General Document |
Great. Grand Canyon? Yes. What kind do you want? I got blue, but I don't know if that's gonna work well in there. | 00:00:00 | |
I think it's black, but it may not be. | 00:00:06 | |
Black. | 00:00:17 | |
Then he just want me to sign that platform. This I can't see. I don't think this is gonna work on there. You can try it. | 00:00:19 | |
I'm gonna tell you what, you won't want me to sign up there. That will. Look. | 00:00:27 | |
Thank you, Sir. | 00:00:44 | |
Thank you, Sir. | 00:00:50 | |
I'm still too low to. | 00:00:53 | |
Beats the alternative. | 00:00:57 | |
Did you get through the snow OK? | 00:01:00 | |
Good evening everybody. According to my clock it is 501. So I'd like to welcome everybody to this evenings Floyd County Board of | 00:01:04 | |
Zoning Appeals meeting, January 13th, 2025. This is the first meeting of the year for us. So before we get into our official | 00:01:10 | |
agenda, we're going to begin the meeting. Should should we do the roll call on things first and then get into the other? So we'll | 00:01:16 | |
begin with roll call. | 00:01:23 | |
Mr. Eagle Hauser, Mr. Unruh here. Mr. here. | 00:01:29 | |
Here here. | 00:01:34 | |
OK. So you get roll call. The minutes of the December meeting have not been sent out yet. There was a delay in getting those | 00:01:37 | |
completed and out. So we will dispense with those and approve those at our next meeting. So before we get into our old business, | 00:01:43 | |
new business for the evening. | 00:01:49 | |
As is customary in the first meeting of the year, we're going to begin by electing officers for the 2025 year. | 00:01:56 | |
For the Board of Zoning Appeals and in order to conduct those elections, I'm going to turn over the meeting to the board's | 00:02:03 | |
attorney, Christy Fox, and let her handle the elections. And then whoever is re-elected as president or elected as president can | 00:02:11 | |
step into that role next. OK perfect. So your first thing will be to elect a chairman slash president of the board to serve for | 00:02:18 | |
the year. So if there's a motion for that, I'll make a motion to Bill White to proceed. | 00:02:26 | |
Another year, I will second that. OK, there's been a motion in a second. All those in favor signify by saying aye. Any opposed? | 00:02:33 | |
OK, Bill, you are Mr. President again. We'll go ahead and do Vice Chair. So the next will be for appointment of the Vice Chairman | 00:02:42 | |
slash Vice President for the year. If there's a motion, I'll nominate Victoria Unruh. OK, there's been a motion for Vic Unruh, | 00:02:48 | |
second seconded for Vic, all those in favor. | 00:02:53 | |
Any opposed? | 00:03:01 | |
OK. You have a vice president and a president. All right. OK. | 00:03:03 | |
So moving on with our agenda for the evening. | 00:03:08 | |
Old business this evening we're going to begin with agenda item number one, which is FC-10-24-44, Administration Appeal. | 00:03:11 | |
Nick is going to come forward and fix. | 00:03:21 | |
Explain to the board. | 00:03:23 | |
This request and give us some clarity on how we need to move forward here. | 00:03:25 | |
So, Nick, this is administrative appeal. | 00:03:31 | |
For the. | 00:03:37 | |
Sporting Club at the farm. They received a notice of violation on September 9th, 2024 for violating a condition of the approval | 00:03:38 | |
for their special exception. That violation was for. | 00:03:46 | |
Shooting within the prohibited 300 yard. | 00:03:56 | |
Boundary. | 00:04:00 | |
Adjacent properties. | 00:04:02 | |
Appeal for this was received on October 8th. | 00:04:05 | |
That was within the time frame required for appeals. | 00:04:09 | |
Included evidence. | 00:04:15 | |
Included evidence were the complaints that were issued for the violation, the complaint investigation and the original ballots for | 00:04:19 | |
which the. | 00:04:24 | |
Condition of violations. | 00:04:29 | |
As a body for an administrative appeal you are reviewing. | 00:04:34 | |
Decision and determining if the appeals should be approved. | 00:04:41 | |
That would determine that. | 00:04:46 | |
Staff decision was incorrect and the. | 00:04:48 | |
Appeal would be upheld. | 00:04:54 | |
Because the findings of fact failed to support the decision of staff. | 00:04:56 | |
If the appeal shall be denied if the findings of fact are made. | 00:05:02 | |
Supporting the administrative decision. So you would be denying the appeal of the. | 00:05:08 | |
From the farm stating that the findings of fact are in fact. | 00:05:13 | |
And then you could also. | 00:05:18 | |
Table consistent with the rules and procedures of the BCA. | 00:05:20 | |
The report from 9/9/2024. | 00:05:26 | |
Is the evidence that you will be reviewing as well as from the applicant. | 00:05:34 | |
As staff, I really don't. | 00:05:39 | |
Stand here and defend what I've already done. So it's up to the. | 00:05:41 | |
Professionally to do that so if you have any further questions process I can I can help with that. | 00:05:47 | |
Or additional details, I can help with that as well. | 00:05:53 | |
Well, I don't have that additional argument. I already made it in the notice of violation. | 00:05:57 | |
So we treat the the administrative ballots the same as we do in the other ballot, correct? Is that correct? | 00:06:02 | |
I have no questions. I don't have any other questions for Nick, sorry. | 00:06:10 | |
OK, Nick, thank you. | 00:06:17 | |
Is the applicant. | 00:06:21 | |
Or representative for the applicant this evening, please come forward and state your name and address for the record. | 00:06:23 | |
Bobby Brooks. | 00:06:33 | |
My address is 840 Framers Chapel Rd. Gordon, Indiana. | 00:06:37 | |
OK, Mr. Brooks, what, what would you like to share with the Board regarding this this appeal? This appeal is for the complaint of. | 00:06:44 | |
Shooting in a. | 00:06:54 | |
Within the required limited area 300 yards from a neighboring property. | 00:06:56 | |
Every shooting law or every shooting stipulation and and. | 00:07:06 | |
Thing that's been put in place up to this point was because of the gun, the sound of the guns, the 300 yard restriction was was | 00:07:12 | |
everything was based off of. | 00:07:17 | |
Shotguns. | 00:07:22 | |
And we shot archery. | 00:07:24 | |
On on this side of the property. | 00:07:27 | |
The whole time we've been open and there's never been. | 00:07:30 | |
An issue or anything said was shooting archery. | 00:07:33 | |
Everything that we've ever put in place for a restriction was put on that side of the property, 300 yard restriction and decibel. | 00:07:36 | |
All that noise, reading and everything was due to the gun shooting. Nothing was ever said about archery. | 00:07:47 | |
And our archery course is in a very safe area. | 00:07:57 | |
It's it's, it's part of the property that we utilize as a. | 00:08:02 | |
The archery course for our members and guests to shoot archery. | 00:08:08 | |
There's a. | 00:08:13 | |
There, there's no reason. | 00:08:14 | |
That we shouldn't be able to use. | 00:08:17 | |
This part of our property to shoot archery, I understand the you know what, what you know in the beginning, I understand what the | 00:08:19 | |
complaint was, but it was always about guns. And now, now, now they're bringing up archery and and archery is not an issue. It's | 00:08:25 | |
not a problem. It's not. | 00:08:31 | |
It it, it would be adversely affecting our business to not be able to utilize this area in. | 00:08:39 | |
Archery. So that's really all I have. | 00:08:44 | |
So this will step in. Marty Schindler, 78454 Leaf Dr. Greenville, IN I'm the course and land manager now at the farm. | 00:08:48 | |
So I read through all the previous documents, right? So I came on board in 24 in April of 24. I spent a ton of time looking | 00:08:59 | |
through the original approvals from 2019 up until this recent. | 00:09:05 | |
Violation archery was never mentioned in any document from this board or Nick Creeby or anyone, and that's kind of where the | 00:09:14 | |
appeal brought him. You know, that's why we're asking for an appeal on this, it seems like at this point. | 00:09:20 | |
We're kind of just throwing stuff against the wall and see what sticks right. | 00:09:28 | |
We're in here more than we want to be and. | 00:09:33 | |
The 300 yard boundary was based on, from everything that I read, simply the shotgun shooting. OK, archery was never mentioned. The | 00:09:36 | |
word archery is never used and there's actually a stipulation in 2020. So originally in the documents from 20/19 it was stated | 00:09:45 | |
outside of the original course, the 24 shooting stations, the property could only be used for farm use. All right. | 00:09:53 | |
In 2020, there's an amendment that clearly says that restriction for the rest of the rest of the property was removed. | 00:10:03 | |
Which would open that up to anything outside of shotgun shooting because that was specifically stated to be highlighted on the map | 00:10:10 | |
for 24 stations. So in 2020, the board actually opened us up to use that property for anything outside of, you know, regular | 00:10:17 | |
shotgun shooting sporting plays of Hunter. | 00:10:23 | |
That's it. | 00:10:31 | |
Question. Yep I got 1. | 00:10:33 | |
I've never shot an arrow in my life. | 00:10:35 | |
A compound. Compound bows that what they call. Is that what you hunt with? What's the range? What's the maximum that that error | 00:10:39 | |
can travel? | 00:10:42 | |
The the maximum range on a compound bow. | 00:10:50 | |
Would maybe be 200 yards. | 00:10:55 | |
Keep in mind that's. | 00:11:00 | |
That 200 yards would be if I stand and shoot the arrow in the sky like this, right? Like that's not AI pull it back the direct | 00:11:02 | |
shot. | 00:11:05 | |
And and on that, on that course and where we have all our archery targets. | 00:11:09 | |
There wasn't any targets towards any neighboring property. | 00:11:16 | |
And we shoot inside our own property, back on our own property. | 00:11:21 | |
In a site with back with safe backdrops and archery is. | 00:11:26 | |
Safest areas? | 00:11:30 | |
And I mean so whenever the group who set those targets. | 00:11:32 | |
I know there was concern about. | 00:11:36 | |
Proximity to property, but we vetted everything. | 00:11:38 | |
And all shots were 100% directly away from any neighboring property all the way around whichever side you looked at. | 00:11:44 | |
Where are are you hunting with those or you're just doing? | 00:11:53 | |
Like Scholastic Kids Program, we have an archery program and we have a IBO tournament. | 00:11:59 | |
We used to have monthly shoots but we we no longer having those at the time but. | 00:12:06 | |
It's shooting phone targets. | 00:12:11 | |
So I've got pictures here. | 00:12:14 | |
I guess this trail Cam, does it belong to you? | 00:12:17 | |
That we're getting these pictures from. | 00:12:19 | |
OK, so that trail Cam is fairly close to the property line, is it not? It's yes. And I, I, I hate to even bring this subject up in | 00:12:22 | |
public, but there's actually a picture of a guy that's a. | 00:12:28 | |
Go in the bathroom. | 00:12:36 | |
And. | 00:12:38 | |
Excuse me, We'll give you a chance to speak in a moment. | 00:12:40 | |
And. | 00:12:45 | |
I can tell you this. | 00:12:46 | |
We don't want to see in here either, OK? The last thing I want to do is be sitting here spending my night talking to somebody that | 00:12:48 | |
doesn't know how to follow the procedures, OK? | 00:12:52 | |
And you know, I'm really reluctant even to even go on with this the way that I feel right now. | 00:12:58 | |
But if you do what we set forward to you. | 00:13:05 | |
Then there would be no reason to come back in here. If you had met every guideline that we set with you. There's no reason to come | 00:13:10 | |
back in here. The reason you're back in here is because. | 00:13:15 | |
You didn't take the test for the lead the way you were supposed to take the test for the lead. And I can go on. OK, So when I I'm | 00:13:20 | |
still talking, Sir. Yeah, but this is about. OK, You won't let me finish talking. | 00:13:26 | |
OK. | 00:13:34 | |
I know what this is about. | 00:13:36 | |
But he made the statement about being back in here when you did, OK? And I'm referring to that statement, OK? You made that | 00:13:38 | |
statement publicly and I'm going to respond to that statement, OK? I don't want to be in here anymore than you do. | 00:13:44 | |
So this board, how many years ago approved? | 00:13:51 | |
You guys to go out there and I love, honey, I love shooting sporting clays. I've got all kinds of guns. So it's really hard for me | 00:13:55 | |
to sit here and feel like I'm scolding guys for not doing what they agreed to do, OK? For from my standpoint, do what we agreed | 00:14:01 | |
to. Don't come in here. You don't have to come in here. So I got a question for Nick. | 00:14:08 | |
Don't let these guys sit down. | 00:14:16 | |
Does the restrictions say shooting shotguns or does it say shooting? | 00:14:20 | |
Do you do you want to answer that, Nick? | 00:14:27 | |
So the conditions, they had no shooting within 300 yards of any property. | 00:14:33 | |
Green line or public roadway? | 00:14:37 | |
Does not say gun. | 00:14:39 | |
What? OK, I have never seen anybody throw an arrow. | 00:14:41 | |
OK, I've never seen an error thrown to kill a deer or to do anytime to archery it has to be shot. | 00:14:46 | |
That says shooting. | 00:14:53 | |
We're done. | 00:14:54 | |
It's as clear as it can be. Just don't try to slide or cut the hairs. It's shooting. It's within 300 feet. Stop it. Just abide by | 00:14:56 | |
what we we gave you guys, OK? This is new for us, the same as it's new for you guys. I don't like to sit here and scold and have | 00:15:02 | |
this attitude, OK? I would love for you to be able to take care of the youth and do the things that you want to do out there, but | 00:15:08 | |
do what you agreed to do. | 00:15:14 | |
Stop bringing things to our board so we don't have to do this, OK? It's shooting and arrows being shot. You're within 300 yards. | 00:15:21 | |
I'm done. That's all I have to say. Any other questions? Yes, on Five Mile Lane, I can see the stations. Which way are those? When | 00:15:31 | |
you're at those stations, which way are you shooting? Which direction? north-south, east, West, OK. And that's 73 yards from the | 00:15:40 | |
way I read from the line property line. | 00:15:48 | |
I think that's what's on your paper. Is that correct? | 00:15:58 | |
Maybe so. | 00:16:02 | |
OK, the pictures we have, I don't know if you've seen them. I hope you have. How close were they to the property line when people | 00:16:03 | |
were there with their uh. | 00:16:08 | |
Bones, crossbows, whatever it is. | 00:16:14 | |
How close were they to the property line? | 00:16:16 | |
Apparently close to the property line. | 00:16:20 | |
But the range, all 100% of the range was. | 00:16:23 | |
But it was on your property, but you don't know how close they were to the property line. | 00:16:29 | |
Yes, Sir. It's still kind of unclear to me where that property line exactly is. And that's something that I'm going to have to. | 00:16:34 | |
Mr. Come back out. | 00:16:42 | |
Review that line to just to make sure we know where that. | 00:16:44 | |
OK. Another question is, I'm not real familiar with archery. When you were approved before, I thought it was shooting. I think we | 00:16:48 | |
specified shooting would be a projectile or a bullet explosive, not necessarily a firearm. We were looking at shooting. | 00:16:59 | |
About if you were to kill a deer, what's your range approximately? What would be a kill zone for a deer? About how many yards? | 00:17:11 | |
OK. That's what we had looked into before and I'd seen that also. So and I did see that the range for an arrow shooting is | 00:17:20 | |
anywhere from 2 to 400 yards. So the 300 yards. | 00:17:27 | |
Way it sounds would be respectful and the 73 would actually be pushing it. So if you had somebody shoot an arrow. | 00:17:35 | |
And they're 73 feet, 73 yards from it. | 00:17:44 | |
And if somebody would accidentally goofing off, you know what happens. | 00:17:48 | |
Then the neighbor is in a kill zone. | 00:17:53 | |
Possibly. So that's something to keep in mind. | 00:17:56 | |
Because 73 yards, 200. | 00:18:00 | |
Plus feet 200 and 10220 feet. | 00:18:02 | |
You know, that's that's getting pretty close to where there is a danger to the neighbors. | 00:18:07 | |
So that's something to think about. | 00:18:11 | |
And then, like I said, none of our targets ever have. | 00:18:15 | |
The neighbor. | 00:18:18 | |
Other shooting back on our problem. | 00:18:22 | |
Other questions or comments from the board? I've got a couple for Nick. | 00:18:24 | |
September 2021. | 00:18:28 | |
Minutes. I don't know if you have access to those, but. | 00:18:31 | |
Seem to be a lot of discussion around. | 00:18:35 | |
Shooting in the. | 00:18:39 | |
Archery events and there were some comments on the board. | 00:18:41 | |
That they wanted to make it clear that. | 00:18:44 | |
Let me sign it again discussing. | 00:18:48 | |
Gun shooting. | 00:18:51 | |
So I mean, I see a lot of ambiguity in that. | 00:18:53 | |
Meeting minutes. | 00:18:57 | |
There's some talk about adding the buffer trees against the. | 00:19:00 | |
Riley's yard. | 00:19:04 | |
Find that. | 00:19:07 | |
They're talking about the major events. | 00:19:12 | |
Including archery, and I don't think archery is a problem. It's the guns. We need to find shooting events in that those meeting | 00:19:16 | |
minutes and then there seem to be a concerted effort in the. | 00:19:21 | |
Conditions to add shooting. | 00:19:26 | |
To those conditions so. | 00:19:30 | |
That's kind of where I stand. I tend to agree that. | 00:19:32 | |
Shooting. | 00:19:36 | |
Guns, shooting, archery. | 00:19:38 | |
It's not been well defined in some of the past minutes, so. | 00:19:40 | |
Yeah, I would agree that. | 00:19:45 | |
That were considered the original approvals. | 00:19:49 | |
Emphasis was on gun shooting. | 00:19:54 | |
September 21. | 00:19:57 | |
Request they ask for additional event. | 00:20:00 | |
Specifically. | 00:20:04 | |
Weddings. | 00:20:06 | |
We didn't mention archery as well. | 00:20:11 | |
Given that there is no. | 00:20:15 | |
Specificity. | 00:20:17 | |
Otherwise. | 00:20:19 | |
To me, shooting is shooting and. | 00:20:20 | |
Archery requires different boundary. | 00:20:24 | |
Otherwise. | 00:20:29 | |
And if I can just chime in briefly with Indiana code 142231.5 dash 3, it defines shooting ranges. | 00:20:35 | |
And I mean, again, we already talked about that restriction clearly says shooting. It doesn't say gun shooting. It doesn't say | 00:20:43 | |
rifle shooting. It says shooting. Shooting range is defined as a means an area designed and operated for the use of archery | 00:20:50 | |
rifles, shotguns, pistols, muskets and similar firearms that are fired at. And it's got a list of places that can be fired at | 00:20:56 | |
silhouette, ***** trap, paper silhouette or other similar targets. | 00:21:02 | |
So a shooting range, which is what they're operating, is defined to include archery. | 00:21:09 | |
So I think you've got either the side where they were never approved to do archery. | 00:21:15 | |
And they're saying that they didn't even ask for that, so they were doing it and they shouldn't have been. Or it's a shooting | 00:21:20 | |
range which includes archery. | 00:21:23 | |
Maybe they can answer this question, but I'm not sure how you I didn't find anything the statute to suggest that you could get a | 00:21:28 | |
bow off of an arrow in any manner other than shooting it, and your restriction says shooting. | 00:21:33 | |
It doesn't define again a gun shooting. It's very. | 00:21:39 | |
General in that it's shooting. So I think if they were wanting to change that to be specific different boundary for archery than | 00:21:44 | |
it is for the gun shooting that they should ask for a modification of that condition. | 00:21:49 | |
Anything else? No. | 00:21:58 | |
OK. Anything else from you gentlemen? | 00:22:01 | |
OK. Thank you. | 00:22:04 | |
So we've heard staff report, we've heard from the applicant. Is there anyone else here this evening that would like to come | 00:22:07 | |
forward and speak in favor of this appeal? | 00:22:11 | |
Seeing none, we'll close that section and go to anyone here that would like to come forward and speak in opposition to this | 00:22:18 | |
request. | 00:22:22 | |
Please come forward, state your name and address for the record, and I hope you're not going to read. | 00:22:27 | |
That whole box full of. I will not read that entire box full paper. | 00:22:32 | |
Good evening board members. My name is Jonathan Hughes. I've been before you on a couple of occasions. | 00:22:37 | |
My address is 111 monument circle. | 00:22:41 | |
Sweet 2700 in Indianapolis, IN and I'm an attorney with the law firm of those McKinney Nevins and I represent Paul and Julie Riley | 00:22:45 | |
who are here with me this evening. Their address is 39345 Mile Lane. They are the individuals who complained about this. One of | 00:22:51 | |
the individuals also complaining was Mr. Andrew Loesch. I do have an additional affidavit for Mr. Loesch that's in this bag, but I | 00:22:57 | |
can I can present to you you'll find. | 00:23:03 | |
Miss, referencing Mr. Unruh's comments back in August, we were before you. | 00:23:10 | |
Reference a number of issues we have with the range. This board made a decision that we're very grateful for finding that the | 00:23:15 | |
expansion shouldn't have happened that same weekend right after we had that hearing is the archery event that you see photos of. | 00:23:21 | |
So within just a few days of this board saying follow the rules. This is the problem that we've had and our experience with with | 00:23:26 | |
with our neighbors and my client's experience with their neighbors is that following rules is is just not something that they've | 00:23:32 | |
done. | 00:23:38 | |
Not only have we been before you on a couple of occasions, but. | 00:23:44 | |
This matter itself was. | 00:23:47 | |
This matter itself, as you know, was continued on two separate occasions. | 00:23:50 | |
Which borders the range. Mr. Loesch has an updated affidavit that I can pass out to you here in just a moment that shows he's | 00:24:24 | |
found two more arrows in that yard in that on that property just in December. So to say that the arrows are staying on the | 00:24:30 | |
property is just not true. I agree with you. Shooting means shooting. I agree with Miss Fox. That's what the Indiana State law | 00:24:36 | |
says. Shooting means shooting. Mr. Whalen on your comment about the 2020. | 00:24:43 | |
21 meeting, I would just note that there was one condition about events and that event the sports specifically said gun shooting | 00:24:49 | |
events. And so I read that to me the board knows when it wants to say gun shooting puts gun in front of the word when it doesn't | 00:24:54 | |
it just means shooting. | 00:24:59 | |
Ask you revoke the permit, at the very least uphold Mr. Creeby's decision and deny this appeal. Just to go over the letter that | 00:25:33 | |
you were all referencing, which is really what's in this box. It sounds like you already have. I just point out a couple of things | 00:25:41 | |
to you. Pages 8 to 47 are going to be pictures that show various operations going on, people coming and going at the shooting | 00:25:48 | |
station. Looks like they're looking to try to find where this trail Cam is, but starting at page 48, if you go to page 48 to 55. | 00:25:56 | |
And then 57 to 85 you'll see folks shooting at this very station. On page 56 you'll see the answer to agree to ask the question | 00:26:04 | |
about how far it was my clients measurement using a tape measure standing on his property and reaching across to see how far it | 00:26:10 | |
was to that cone that was placed there. The metal post you see in those photos and in that particular picture at page 56 is | 00:26:16 | |
roughly 55 inches. | 00:26:21 | |
From the cone and that post is my client tells me the edge of their property. So we're within 55 inches of my client's property. | 00:26:28 | |
The individual Mr. Andrew spoke about I also don't want to talk about and I did blur his face and images for you. An individual | 00:26:35 | |
taking a leak on someones property is the reason that we don't want them that close to our property Michael. | 00:26:42 | |
Client would just like to enjoy their property that's on page. | 00:26:49 | |
That is on page three of your letter. On page 4 of that letter that I submitted, you'll see what that individual is looking at, | 00:26:54 | |
which is my client's house. | 00:26:57 | |
I with you, Mr. Unruh, I don't want to keep coming back here for the Annapolis. So I just pray that they would pray. My prayer for | 00:27:32 | |
relief would be that they they would respect the rules of this board and that we wouldn't have to be back here again. But I'm not | 00:27:37 | |
for sure there's any way to do that other than to tell them to stop doing what they're doing. | 00:27:42 | |
Mr. Ali, do you want to say anything to the Board? I would like to speak. | 00:27:48 | |
If you will, Mr. Reilly, state your name and address for the record. | 00:27:53 | |
Paul rally at live at 3934 Five Mile Lane and Mr. Brooks stated that you know, the youth shooting, there were over 1600 registered | 00:27:56 | |
shooters at that shoot. That field was full and it was a three day shoot. Almost every one of these shooters, adults walked. | 00:28:05 | |
Behind my house on this path that they created. | 00:28:15 | |
For basically we feel like to be harassed. | 00:28:19 | |
And I just want you all to know that you can shoot a bowl over 300 yards. | 00:28:23 | |
Easy. | 00:28:30 | |
Just because a lot of people don't draw all back correctly. | 00:28:32 | |
You know here if you're drawing back aiming up an error, that that arrow has a lot more time to travel before it hits the green. | 00:28:35 | |
And we felt uncomfortable for three days and they harassed us with this shooting for three days. | 00:28:41 | |
And it went on and on. | 00:28:48 | |
And it's ridiculous how we've been treated down there. I brought up there artery targets in the past that wasn't there in 2019. | 00:28:50 | |
They moved it over there around 2020. | 00:28:55 | |
And those targets he's talking about which way they're facing, they're not facing north, they're facing West. | 00:29:01 | |
And when they would have their club shoots, they would bring 3D targets in and face them directly towards my property. We never | 00:29:08 | |
felt comfortable when we we couldn't even walk over there during their club shoots. Their 3D3D targets were facing my property | 00:29:13 | |
plan. | 00:29:18 | |
I mean, they were shooting at. | 00:29:25 | |
And even during this sheet that they had with the. | 00:29:27 | |
1600 shooters. They had their youth shooters shooting parallel to my fence that we walk around. My wife walks around that field | 00:29:30 | |
almost every day when the weather and she couldn't even walk over there. Damn the fence world with six kids standing shooting | 00:29:37 | |
parallel to the fence at 3D targets with arrows flying directly through. | 00:29:44 | |
So I mean, I mean, why would anybody want to treat a neighbor like that? | 00:29:52 | |
We're tired of it. We're just sick of it. And we won't be treated right. We won't be left alone. | 00:29:56 | |
We want to quit coming in here all the time. | 00:30:01 | |
Thank you. | 00:30:03 | |
Thank you, Mr. Raleigh. | 00:30:04 | |
Mr. Hughes. | 00:30:06 | |
They go to Nick 1st to make sure they're in proper order. | 00:30:10 | |
Well, while Mr. Hughes is handing that out, does the board have any questions for Mr. Hughes and Mr. Riley? | 00:30:13 | |
Nelson. | 00:30:21 | |
OK. Anything else for shoes? Just thank you very much for your time. Appreciate all the work the sports put on this project. Know | 00:30:23 | |
it's unique, but we do appreciate you think. | 00:30:27 | |
Thank you. | 00:30:31 | |
OK. We've heard now from the staff, from the applicant, from those four and against. We will invite the applicant back if you'd | 00:30:33 | |
like to respond to any of these. I'm sorry. | 00:30:39 | |
I got carried away because I know we went overtime limit. | 00:30:46 | |
Is there anyone else that that's here this evening would like to speak in opposition? My apologies. | 00:30:50 | |
Please come forward, state your name and address for the record man. We'll get you next. | 00:30:55 | |
My name is Andrew Lush, I live at 4155 My Lane. | 00:31:04 | |
My mother-in-law lives at 4166 Five Mile Lane. | 00:31:08 | |
And that's the property that the arrows. | 00:31:13 | |
I have found from Mr. Brooks. | 00:31:18 | |
Shooting and. | 00:31:21 | |
My question is. | 00:31:24 | |
You know, we got 4 Wheelers back. There we come, we enjoy. | 00:31:26 | |
We enjoy our land and what's aggravating to me is I'm supposed to give up. | 00:31:30 | |
My time back there because they're having an archery shoot. | 00:31:37 | |
That they're supposed to be 300 yards away. | 00:31:41 | |
If they just follow the rules that they agreed to beginning of all this, we wouldn't be here. | 00:31:44 | |
So I'm sure there's more arrows back there. I don't go back there looking for them. | 00:31:50 | |
I do. I'm back there cutting wood and just have stumbled across them, so it's not like I'm back there. | 00:31:54 | |
Trying to find evidence, but. | 00:32:01 | |
You know, I found and truthfully, the arrows I found this last time probably. | 00:32:04 | |
I would say 50 yards. | 00:32:09 | |
On our property. | 00:32:12 | |
So that's. | 00:32:13 | |
I don't know where the target was at. I did see the guy that was back there putting the targets up. | 00:32:16 | |
And I know they were shooting. | 00:32:21 | |
They were standing right on our property line as well as Mr. Riley's. | 00:32:23 | |
At another location. | 00:32:28 | |
But you know, we haven't got kids. I don't know who's liable if who's liable if they get shot by an arrow back there, You know, so | 00:32:30 | |
and it's not, it's during the time of the year where we're you don't have to wear blaze warnings or anything like that. I mean, we | 00:32:36 | |
can be back there in camouflage and no one sees. So but if you're 300 yards away. | 00:32:42 | |
More than likely it's going to hit a tree or something like that before it hits our property line. | 00:32:49 | |
So I don't want to be in here anymore either, but it seems like. | 00:32:53 | |
The rules that they agreed to, they are not following. | 00:32:58 | |
And it's very aggravating for all the members. | 00:33:02 | |
Thank you. Thank you, Neil. | 00:33:05 | |
Is there anyone else here this evening like to speak in opposition? | 00:33:08 | |
OK. Now we will close that section and Mr. Brooks, if you'd like to come back up and. | 00:33:15 | |
Respond to any of the. | 00:33:20 | |
Comments have been made, you're welcome to do so. | 00:33:22 | |
Well, the first the. | 00:33:28 | |
The highest thing we hold in regard to our club is safety. Safety is paramount. | 00:33:31 | |
In every level, safety is paramount in every event. | 00:33:36 | |
It was never, I mean. | 00:33:42 | |
It was never. | 00:33:44 | |
Ever in in. | 00:33:46 | |
In my intentions. | 00:33:49 | |
To ever have a bad neighboring issue ever coming into this business, I felt like this was a very positive impact on the on the | 00:33:51 | |
county and our community and on our neighbors. | 00:33:58 | |
I wanted to cultivate those relationships. | 00:34:06 | |
Inviting our neighbors to participate and be a part of this. | 00:34:10 | |
And it's still my goal to to have good neighbors and it's still my goal to have a positive impact on our county community. And | 00:34:15 | |
when we host events like this, the archery event in that that they're referring to that brought over $2,000,000 of revenue to our | 00:34:22 | |
county in, in those three days, OK, with the, with the tourism dollars, OK. So they're talking about raising taxes or raising | 00:34:29 | |
funds and raising taxes in Floyd County. And, and when we when we host these. | 00:34:36 | |
To convince all of our events have a. | 00:34:44 | |
Huge positive impact and financial impact on our county revenue dollars and tourism. So it's with every intention of mine. | 00:34:48 | |
To have a positive impact on the county and neighbors and be a good neighbor and. | 00:34:57 | |
Like I want to repeat that safety is paramount on every level. | 00:35:05 | |
Every level. So with that being said. | 00:35:09 | |
Although all those events are vetted. | 00:35:15 | |
How those how those arrows got if they were our arrows, If they weren't, we find things on our property as well. We find shotgun | 00:35:19 | |
shells, we find arrows, we find things from the past because that's always been a hunting property. | 00:35:26 | |
Just this year. | 00:35:34 | |
Two tree stands and trail cameras, often off our neighboring property. There they were having tree stands on our property. | 00:35:35 | |
They had trail cameras on our property. They were deer hunting on our side of the property. OK, but when they talk about how close | 00:35:45 | |
we are to their property. | 00:35:50 | |
OK. | 00:35:56 | |
Maybe we were that close, but we were. | 00:35:57 | |
Wholeheartedly under the impression that that 300 yard restriction was solely on the use of guns. | 00:36:01 | |
OK. Never ever was it discussed that archery was fell within that. OK, so that that was not discussed and that was not us not | 00:36:07 | |
following any rules. | 00:36:12 | |
I mean, with all that being said. | 00:36:19 | |
We we were close, but that's still our property. | 00:36:23 | |
So that's like. | 00:36:28 | |
You be anybody being on their own property and your neighbor saying that's far enough, don't come any closer to my property. | 00:36:30 | |
Well, from here to that door still my property. | 00:36:37 | |
And we are the only club in America and I've traveled. | 00:36:40 | |
And extensively and shot all over the country. | 00:36:46 | |
There's not another club with this type of restriction, OK, There's not another club with this type of restriction holding a club | 00:36:50 | |
to the regards of of of not shooting that close to the property line. | 00:36:57 | |
It just has a. | 00:37:04 | |
It's it's unheard. | 00:37:06 | |
But we're going along with it. We haven't shot guns. So we're we're, we're, we're respecting that, but it's never an issue. So it | 00:37:08 | |
wasn't intentionally that we were shooting archery and saying, well, we're just going to do this because it's not the case. Like I | 00:37:14 | |
said, everything we do. | 00:37:20 | |
We truly. | 00:37:28 | |
Safety at the forefront and we truly want to make a positive impact on on the what we do in our county with our people and | 00:37:30 | |
including our neighbors, everyone of our neighbors, OK, We want to be good neighbors. Thank you. I got a question please. Number | 00:37:36 | |
one, I want to thank you for what you bring into the county. And I think the reason that we approved this to start with was that | 00:37:43 | |
it was a good project for kids and a good use of the land. | 00:37:50 | |
And so I want to start with that Secondly. | 00:37:57 | |
You're saying safety is up most the importance? | 00:38:01 | |
Let's say that you don't. You didn't have to abide by a 300 foot for archery. Do you think shooting on the property line is safe? | 00:38:05 | |
Would you have some kind of buffer that you would instill on your own for safety, not be on the property person's property? What | 00:38:10 | |
would you think is safe? | 00:38:15 | |
Well. | 00:38:23 | |
If you're, if you're hunting your own property, I'm asking you on this particular property where you got hundreds of people to | 00:38:25 | |
shooting you said safeties. The number one important thing. | 00:38:29 | |
What's safe in Europe? I mean, we are shooting back on our own property. I understand it, but I'm asking how much buffer? How much | 00:38:34 | |
buffer? I would say 100 feet, OK. | 00:38:40 | |
OK, Thank you. I mean even. | 00:38:45 | |
Before you step away, Mr. Brooks, there any other questions for Mr. Brooks while he's here? Can you take us through the the | 00:38:50 | |
procedures? Was there someone with the event with each group or that on their own? What was the? | 00:38:54 | |
It was put on by an organization called Total Archery Challenge and they travel around the country and several states. | 00:39:01 | |
Hosting the same event at different clubs all over the United States. | 00:39:08 | |
And it's growing every year. They're hosting more events every year. | 00:39:13 | |
And with that being said, that they they control, they came in and just. | 00:39:17 | |
Put on their own shoe so it was on our property. It's great for the community and it's a it's a professional run event. So so did | 00:39:25 | |
they set the targets? | 00:39:30 | |
And each group did each group have a representative from that organizational that stays with each range. And they, they, they, | 00:39:36 | |
they put up five range and it's called extreme total archery challenges and extreme archery event to where they walk. They want | 00:39:43 | |
every course to be a challenging hike as they don't shoot these targets. So it's a hike and they, they want that trail to, to | 00:39:49 | |
close to a mile. | 00:39:56 | |
That's why it's taken up so much space to. | 00:40:03 | |
Put up five ranges. | 00:40:08 | |
OK. Thank you. | 00:40:11 | |
Do they walk to each range or do y'all take them with your? No Sir, everybody's on foot. | 00:40:14 | |
And they supposedly have a trail to stay away from the property lines. | 00:40:20 | |
Directional signs and and they go from target to target, either shooting 20 to 25 targets per range in that mile loop. | 00:40:26 | |
But as far as that goes, the. | 00:40:36 | |
Line property line. There's no marking really there. | 00:40:38 | |
In in this case where where the pictures were taken like I said. | 00:40:42 | |
I'm not sure where that boundary is. I was. I was not. | 00:40:47 | |
Aware that Mister Riley's property came up into the woods as far as it did. If that's the case, and I've already reached out to | 00:40:52 | |
Dave Ruckman who did the survey, and he's going to come back out and and re establish that line for me. | 00:40:59 | |
Other questions? | 00:41:10 | |
Any other questions from the board? | 00:41:13 | |
Mr. Brooks, I mean, we've already closed the public comment section. I'm sorry. | 00:41:15 | |
Mr. Mr. Ma'am, if you keep speaking, we're gonna have you removed. | 00:41:21 | |
So. | 00:41:26 | |
Thank you, Mr. Brooks. | 00:41:29 | |
Folks, I'm sorry, but we have other items on our agenda this evening and we've expanded our time to let everyone be heard and and | 00:41:32 | |
we've heard. | 00:41:36 | |
From those for those against and we we just have to keep moving with this. | 00:41:41 | |
Anything else from the board? | 00:41:48 | |
Before we move to vote on this item. | 00:41:51 | |
Do we have a ballot? We do. | 00:41:55 | |
And Christy, once again, I've not done. | 00:41:59 | |
Have not filled one of these out very often. You want me to read the whole paragraph at the top? | 00:42:02 | |
Should I read that? You do not have to read the entire paragraph, just your findings of fact and the appeal. The decision is the | 00:42:08 | |
decision that was made by the plan director. OK, OK. | 00:42:13 | |
All right, so this is Docket FC. | 00:42:21 | |
10-24-44 Petitioners named supporting clubs at the farm. | 00:42:24 | |
Finding the facts. The appeal. The appeal of the decision issued by the Board of Zoning Appeals. | 00:42:29 | |
Corrected the appeal of decision issued by Plan Director Nick Creevy. | 00:42:43 | |
Dated of appeal decision on the 9th of September, 2024. | 00:42:51 | |
The appeal was timely filled. | 00:42:57 | |
Filed within 30 days of the appealed of the appeal. | 00:43:01 | |
Decision. | 00:43:06 | |
Evidence reviewed. | 00:43:08 | |
Special exception ballot from 10th of June. | 00:43:10 | |
2019. | 00:43:14 | |
10th of March 2020 and 15th of September 2021. Photos dated August 18th from the Mr. rallies Mr. Paul Riley. | 00:43:17 | |
The evidence does. | 00:43:29 | |
Support the appeal decision. | 00:43:33 | |
The board of. | 00:43:38 | |
OK. Yeah. The only other thing is other evidence you reviewed would be testimony of staff. | 00:43:41 | |
Statute. Indiana Code. | 00:43:47 | |
OK, so you want me to put that word? | 00:43:51 | |
Just put Indiana statute is fine or Indiana code under special exception with the same evidence review, evidence review, What do | 00:43:53 | |
you want me to put there? Indiana Code? | 00:43:58 | |
OK, staff testimony. | 00:44:05 | |
Or recommendation to everyone to phrase up. | 00:44:09 | |
OK. | 00:44:13 | |
Staff recommendations. That's it. | 00:44:14 | |
All righty. | 00:44:18 | |
Good. | 00:44:20 | |
All right. The evidence does support the appealed decision. | 00:44:21 | |
The Board of Zoning appeal here buys. | 00:44:27 | |
Denies the petitioners. | 00:44:31 | |
Administrative appeal at the meeting held on the 13th day of January 2025. | 00:44:33 | |
That is my ballot. | 00:44:40 | |
We have a ballot. | 00:44:41 | |
Do we have a second? | 00:44:43 | |
We have a ballot with no second. | 00:44:55 | |
He's looking. | 00:44:59 | |
I'll second it. | 00:45:06 | |
OK, we have a ballot and we have a second. | 00:45:08 | |
Any other questions or comments? | 00:45:11 | |
Mr. Whalen, looks like you're looking something up. | 00:45:14 | |
I'm just going to look at the. | 00:45:17 | |
The actions. | 00:45:19 | |
I'm good. | 00:45:45 | |
So no other questions or comments from the work, no. | 00:45:47 | |
OK, then we'll move to vote. All those in favor signify by saying aye aye. Any opposed like sign. | 00:45:50 | |
That request was hereby denied or the appeal was denied by the Board. | 00:45:56 | |
OK, moving on with our agenda this evening. The next item on our agenda is agenda item number 2, which is another old business | 00:46:04 | |
item FC11-24-46. | 00:46:08 | |
This is. | 00:46:14 | |
A special exception, special use exception and I believe. | 00:46:17 | |
Nick is going to come forward in a moment. | 00:46:22 | |
And give the board an update. | 00:46:25 | |
So this is for Aqua Indiana. | 00:46:51 | |
I believe this item is tabled at the last meeting. | 00:46:54 | |
For some additional questions, Don presented the staff reports. I won't. | 00:46:59 | |
Do that again. They did provide a letter addressing some of those. | 00:47:05 | |
Items of concern which was provided to the Board. | 00:47:10 | |
I believe they haven't happened. | 00:47:15 | |
Representatives here that could. | 00:47:18 | |
Going to it further, it looks like they might be the only folks of the year, so perhaps the concerns from the public were not as | 00:47:20 | |
great as previously thought. | 00:47:25 | |
I will be able to address 1 of the issues regarding the floodplain. | 00:47:31 | |
During building permitting, we review those for floodplain compliance and we believe that that is probably the. | 00:47:35 | |
The fringe area, which would require a local floodplain permit and. | 00:47:43 | |
Verification that any building would be flood proof or elevated above the base cloud elevation. | 00:47:48 | |
Do you have any questions for me? Any other questions for Nick? | 00:48:00 | |
I was not here last month to hear the actual presentation so. | 00:48:05 | |
You left me hanging. | 00:48:13 | |
Did a fine job. I will also know in the in the document that they prepared that the. | 00:48:16 | |
Applicant prepared. They did move this structure closer to the existing barn, enclosed it in offense. | 00:48:22 | |
Agreed to put some screening in that fence. Black vinyl. | 00:48:30 | |
In the chain lead 7 foot chain lead fence. | 00:48:36 | |
Additional vegetation screening. | 00:48:40 | |
So it looks like they've made some. | 00:48:42 | |
Some adjustments based on the concerns. Do you have a drawing for that or is it just, it's in his letter? It's it's, it's just | 00:48:45 | |
verbal. Oh, I got you. OK, thanks. | 00:48:50 | |
So so I just have a clarification for. | 00:48:56 | |
Christie, since this did come before the Board last month, did we get through the whole presentation last month and we just tabled | 00:48:58 | |
the? | 00:49:02 | |
I think we did. I think we got to the end and there were some questions by the board and it was tabled so that they could have | 00:49:07 | |
time to answer those questions. OK. So, so my understanding then is we don't have to go back through the whole process. I think | 00:49:13 | |
we've run into this before, Nick. We don't have anybody here. I think it's fine to go through the process. I don't think it might | 00:49:19 | |
take too long here. I would just go through the process. I think we've run into this a time or two before and I think because | 00:49:25 | |
there were some changes. | 00:49:31 | |
To their original application, I would recommend just going through the process versus just simply having some questions answered | 00:49:37 | |
because they did make some revisions. Sure. OK. I just wanted to clarify before we move forward, of course. OK, Thank you, Nick. | 00:49:43 | |
So, so we've heard from staff, I assume that the three folks left in our audience beside those associated with us. | 00:49:49 | |
Represent the applicant. So if one or more of you would like to come forward, state your name and address for the record please. | 00:49:56 | |
We'd like you to give us an update. | 00:50:03 | |
Thank you, Scott Cycle, Midwestern engineers. | 00:50:08 | |
6809 Corporate Dr. Indianapolis, IN. | 00:50:12 | |
46278. | 00:50:16 | |
As stated in the December meeting. | 00:50:19 | |
This property is a. | 00:50:24 | |
Non conforming use to the zoning. | 00:50:26 | |
And it has been non conforming since the. | 00:50:30 | |
Induction of the zoning ordinance. | 00:50:34 | |
It's a wastewater treatment plant that serves the. | 00:50:37 | |
Neighborhood directly adjacent. | 00:50:40 | |
The questions asked at the December meeting were regarding staffing levels. | 00:50:44 | |
The location of the building itself. Original depiction of their exhibit of the building had it a certain distance away from the | 00:50:52 | |
existing building. | 00:50:57 | |
And then also. | 00:51:03 | |
The. | 00:51:07 | |
Floor elevation was questioned at that time. | 00:51:08 | |
In response to those, the staffing levels is not meant to be a permanently used building. Essentially, it'd be kind of a. | 00:51:12 | |
Location where staff that is attending to several wastewater plants within the area has an opportunity to to manage report | 00:51:24 | |
writing, store their office supplies, those kinds of things at that building. | 00:51:31 | |
We did slide that building back closer to the existing facility from what we had shown previously. So it's approximately the new, | 00:51:39 | |
the new version is probably I'm going to say within about 10 feet of the existing building. | 00:51:47 | |
Versus the. | 00:51:55 | |
Roughly 40 to 50 feet at once before and then the elevation of the floor is not determined. | 00:51:57 | |
At this time, that's something that we will address during this time. | 00:52:04 | |
So that kind of covers those questions and I. | 00:52:09 | |
Is there any other questions you want me to cover or the 40 foot that's showing on this? | 00:52:12 | |
Is down to what I mean. Do you want to see this? Well, maybe I'm wrong. I'm on the wrong. Yes, it's got right there. That's right | 00:52:17 | |
there. | 00:52:21 | |
Here's a copy of the. Oh, OK, well, OK, gotcha. | 00:52:27 | |
Gotcha, gotcha. | 00:52:32 | |
All right. Can I have this? Yeah, it's mine. | 00:52:33 | |
Thank you. All right, that answers that. All right. Were you Speaking of the 40 feet between the? Yeah, yeah, I still had the. I | 00:52:38 | |
still had the, I had the older. | 00:52:43 | |
Just so I'm clear, what 40 feet? Because they're yeah, we do show another 41 feet from. | 00:52:48 | |
Property line to the South as well. | 00:52:54 | |
So I just wanted to make sure we were just talking about the same 40 feet. | 00:52:57 | |
Any additional parking areas for this? Are they going to utilize what's already there? | 00:53:03 | |
I'm sorry, any additional parking area is going to be constructed. Are they going to use what's? | 00:53:07 | |
The intent is to use what's there. | 00:53:12 | |
Since we are not a, it's not a permanently used building. | 00:53:14 | |
And I think to follow up on one of your questions from previously about sliding that building to the South of the existing | 00:53:20 | |
building. | 00:53:23 | |
One of the issues with that is it would lock the drive, which would cause problems for maintenance equipment to get to. | 00:53:26 | |
The wastewater facility, OK. | 00:53:33 | |
But obviously the elevation of the floor is going to be high enough to where that we're not. You're not going to deal with flood, | 00:53:36 | |
right? That is the intent, yes, but that elevation has not been. | 00:53:40 | |
Right, but you said intent. Can we? Is it clear to say that you will set it above a flood? | 00:53:45 | |
All right, 10-4 and then. | 00:53:53 | |
I guess maybe this is an old drawing too. This says bank pack is getting got a floor plan. It says bank pack. It's got a bedroom, | 00:53:57 | |
master bedroom, 2 dining room. I don't even know what I'm looking at. | 00:54:02 | |
The layout of the building, but I think that's just. | 00:54:12 | |
Yeah, so the building is intended to be a modular prefabrication. | 00:54:15 | |
Building and that is kind of their stock drawing. However, there will be modifications to that. So there's not a bedroom, it would | 00:54:19 | |
be an office. Those are offices. | 00:54:23 | |
OK. And what is the exterior? What will the exterior be made out of? I'm sorry. | 00:54:30 | |
I thought there was another question. The exterior would be as conforming to the zoning ordinance for the residential. | 00:54:36 | |
Area as possible, meaning if the surrounding neighborhood has. | 00:54:44 | |
Citing the intent is to blend that with the neighborhood and then use the vegetated screening and the fencing to try to hide it. I | 00:54:49 | |
think some demonstration from the last meeting was. | 00:54:55 | |
You enter the neighborhood and you see a wastewater plant. | 00:55:02 | |
Aqua has stated that they are aware of that and want to try to screen that that facility as best as possible. | 00:55:05 | |
So this. | 00:55:15 | |
Modular office will be within the fence, yes, yeah, the fence will be expanded to the building will be inside the fence and that | 00:55:17 | |
fence is a what type of fence? | 00:55:22 | |
Proposed to be a chain link fence with black. | 00:55:28 | |
Final sliding, OK, slats in it, yes, OK. | 00:55:31 | |
Yes, OK. | 00:55:34 | |
OK. | 00:55:39 | |
Do you think that the staff will be parking inside the gate? Yes, OK. | 00:55:45 | |
Just one FYI information we we're after this been a month or so ago, there was a lot of trash. I should call it trash barrels, | 00:55:52 | |
either use barrels or whatever that was against the fence and it was very visual is visible from from the road. So if they're | 00:55:59 | |
going to be obviously parking there, they're going to leave the gate open. I'm sure to go to and from It'd be nice to keep that | 00:56:06 | |
area cleaned up and and just have staff not have any. I mean, I, it, it happens. | 00:56:13 | |
You know, I mean, you just. But it'd be nice if we could do that, yeah. | 00:56:21 | |
I'm done. | 00:56:26 | |
Other comments. | 00:56:28 | |
Anything else? | 00:56:31 | |
No, Sir. | 00:56:32 | |
If you will state your name and address, my name is Jim Shields and State Engineer for Aqua Indiana. Our address is 5750 Castle | 00:56:36 | |
Creek Parkway N Drive, Suite 313, Indianapolis, IN 46250. | 00:56:44 | |
I had a pull my business card up. This is a long. | 00:56:53 | |
Just wanted to give up. Thanks. Thank the board for considering this. This facility has been here since the early 70s and has been | 00:56:56 | |
expanded in the past. In early 2000s, Aqua retained this facility in early 2000s. Throughout the year since Aqua has been working | 00:57:05 | |
out of this facility, we have leased multiple different locations in and around Floyd County Fund. | 00:57:14 | |
Our operations basically it's a place to sit down, write their notes. You you are DMRS submitted to the state. We just need a home | 00:57:23 | |
base to put our intent has to follow the rules of this. | 00:57:29 | |
And it comes back into talking with Nick in the past, what do we need to do? And this was the proper way to go about adding | 00:57:35 | |
something else to this, to this site, understanding some of the concerns about the fencing things. Nothing's been done with that | 00:57:43 | |
fence since it was originally constructed. Recognizing, yes, it's at the front entrance to a facility. We can do a little bit | 00:57:50 | |
better on undressing this up, but our intent is not to have something that looked industrial, something out of character for. | 00:57:58 | |
Facilities. So that was the whole reason for coming in. So we were doing this the correct way. | 00:58:05 | |
Thank you very much. Thank you. | 00:58:10 | |
Jake, I have a follow up with you possibly if you could help me. | 00:58:14 | |
Larry and I went on out on this project together and he kind of he's out of town. He kind of expressed some of his issues. I. | 00:58:20 | |
Do you feel that the the the fence with the slats in them would take care of having to have any additional vegetation screening | 00:58:27 | |
or? | 00:58:33 | |
In your opinion, you're good with that? Yeah, OK. | 00:58:39 | |
OK. That would be sufficient with our. | 00:58:42 | |
OK. All right. I'm just, this is kind of some things that Larry, Larry and I talked about, he was concerned about. | 00:58:46 | |
And they did commit to adding some vegetative screen. | 00:58:52 | |
As well as the fans. | 00:58:55 | |
It is already screened by the existing trees right most of decision. | 00:58:59 | |
So I'm just from staff perspective the proposed. | 00:59:04 | |
The plan that they presented will likely enhance the site and make it look better than an existing. | 00:59:10 | |
So that's. | 00:59:19 | |
So do I need to state in the conditions they they've agreed to do that fence and they've used that they've agreed to do I would | 00:59:21 | |
just. | 00:59:25 | |
Reference their letter dated January 8th, 2025. | 00:59:30 | |
OK, wait a minute. | 00:59:35 | |
David what? | 00:59:41 | |
January 8th, 2025. | 00:59:43 | |
Anyways. | 00:59:48 | |
All right. And then, then if the exterior. | 00:59:53 | |
Proposed structure should be aesthetically appropriate for the residential subdivision neighborhood, and that's. | 01:00:00 | |
They've agreed to to go along with whatever our. | 01:00:07 | |
Our our regulations are, is that correct? | 01:00:10 | |
We would have no restriction on building material for that, None, OK. | 01:00:13 | |
So I guess. | 01:00:20 | |
Yes, I would question. | 01:00:22 | |
For commercial structures, we do have. | 01:00:25 | |
Maximum. | 01:00:28 | |
Of vinyl. | 01:00:30 | |
For residential, we do not have. | 01:00:32 | |
Restrictions on building. | 01:00:35 | |
And this, this is coming to the residential guideline or commercial guideline. | 01:00:36 | |
It's a special exception, so it doesn't come under the guideline. | 01:00:40 | |
Existing zoning is residential, so unless otherwise stated it would be the resident. | 01:00:45 | |
So unless otherwise state as in they place the condition that they need to follow the commercial parameters for the exterior of | 01:00:53 | |
the building, which would be commercial no more than 20% maximum. | 01:00:58 | |
Final allowance for commercial structures. So the other part which could be wood. | 01:01:06 | |
Could be wood. | 01:01:12 | |
Different kind of. | 01:01:15 | |
Materials, facades, OK. | 01:01:17 | |
Problem is that as high as it's probably built, that's going to be what's seen over the sense, so adding that in. | 01:01:19 | |
I'm just wondering how much does it just go wood? I mean, I know they make those, they they make them where you can just put wood | 01:01:27 | |
siding instead of vinyl siding. I mean, the problem I got with vinyl siding is, I mean, we've approved a subdivision. I got to | 01:01:34 | |
mention it and I've been by it and the houses have been built less than two months. And the, the siding looks like, I mean, it's | 01:01:41 | |
WAVY. It's, it's warped the whole 9 yards. And I just, it's not good. It's just didn't look good. So I wonder if. | 01:01:48 | |
To say hard side. | 01:01:56 | |
Hardy board. Party board. Metal. Yeah, something hard. It's hard sided, maybe. | 01:01:59 | |
I'm just, I'm talking through it. I mean, just, I mean, in this particular case, though, is the public going to see it? | 01:02:05 | |
Yeah, I think so. And they're going to, I think they're going to see that over the top. | 01:02:12 | |
I mean, it's going to be visible. | 01:02:18 | |
So. | 01:02:20 | |
You know every time I read about that service. | 01:02:23 | |
I have a hard time facing myself, you know? I mean, it's like, I wish I'd done something different, so. | 01:02:26 | |
I mean, I'm trying to, I'm asking before I do the ballot. It's just if you if you guys have some, some input on that before I I go | 01:02:32 | |
any further. So. | 01:02:36 | |
First, let them put whatever they want to put on it. I don't have problem. | 01:02:41 | |
OK, All right, 10/4. | 01:02:46 | |
All right, all right. | 01:02:50 | |
All right. Thank you, Nick. | 01:02:54 | |
Thank you folks. So we have heard from the applicant. | 01:02:56 | |
I still have to ask the question, since we're going through the agenda. Is there anyone else here this evening that would like to | 01:03:00 | |
speak in favor? | 01:03:02 | |
Of this request. | 01:03:06 | |
OK, I see your head. | 01:03:08 | |
Is there anyone here this evening that would like to speak in opposition to this request? | 01:03:10 | |
Seeing none. | 01:03:16 | |
And given the conversation we just had, is there anything else you guys would like to add to the discussion about the exterior, | 01:03:18 | |
that interior? OK, Then we will close this section, the public comment section of our meeting, and we will move to a ballot. Do we | 01:03:24 | |
have a ballot? Yes, we do. OK. | 01:03:29 | |
All righty, this is docket FC11-244 |