##VIDEO ID:es4bXZBWtZA## are you didn't up at good r right right you oh my gosh Tex Tex text yeah that's right my shot my yeah 
that's right just so as long as he   didn't shoot you yeah that's the that's the 
good point uh all right I think we're about ready good morning everyone we appre appreciate 
everybody being here today and uh this is the   board of adjustment and uh I will I'm doing it now 
so I would ask everyone if you would please uh put   your phones on uh silent or if you can power them 
off that would be good it sure helps um in the   middle of testimony uh not to have a distraction 
so I I would ask that you would do that um the meeting of the esami County 
Board of adjustment for October the   16th 2024 is hereby call to order 
and we have five members present today will the clerk please swear in the staff 
please raise your right hand do you Solomon SAR   and affirm that the testimony you're about to give 
will be the truth the whole truth and nothing but   the truth I'll be gotten I do thank you members 
of the board of adjustment copies of the staff's   resumes have previously been provided and remain 
on file for reference the board has previously   recognized the staff as expert Witnesses 
does anyone have any questions regarding   their qualifications and abilities to offer expert 
testimony let the record reflect none uh is so indicated the boa meeting package for October 
the 16th 2024 with the development services staff   findings the fact has previously been provided 
to board members the chair one now entertain a   motion to accept the boa meeting package into 
evidence and do I have a motion motion I have   a motion by Willie do I have a second I have 
a second by Ross all those in favor of this   motion please raise your right hand let the 
record reflect this motion passed unanimously Madame clerk do we have proof 
of publication yes sir did the   publication meet all the legal requirements yes sir the chair will now entertain a motion to 
wave the reading of the legal advertisement   motion I have a motion by Willie do I have 
a second second I have a second by Mr Smith   all those in favor please raise your right 
hand let the record reflect the motion pass unanimously the me uh members of the board 
have you reviewed the minutes for the board   of adjustment meeting on September the 18th 
2020 24 upon your review of the minutes are   there any deletions additions corrections to 
those minutes let the record reflect none are   indicated the chair will now entertain a 
motion regarding the minutes for the board   of adjustment meeting held on September 
the 18th 2024 do I have a motion motion   I have a motion by Willie and do I have a 
second second I have a second by Marty all   those in favor please raise your right hand 
let the record reflect this motion passed unanimously I'd like to tell you what the 
purpose of the board of adjustment and the   conduct of this meeting is about and uh we 
will now turn to our vice chair who will uh   explain uh how the conduct of this meeting will 
be uh handle the board of adjustment boa hears   administrative appeals variances and conditional 
use requests these hearings are Quasi judicial   in nature quasi judicial hearings are the like 
evidentiary hearings in a court of law however   less formal all public testimony will be taken 
under oath and any testifying anyone testifying   before the boa may be subject to cross-examination 
all documents and Exhibits that the boa considers   are entered into evidence and made part of the 
record the giving of opinion testimony will be   limited to experts and closing arguments will 
be limited to the evidence in the record after   hearing the testimony and Arguments for and 
against the proposed action and before making   its decision the boa will consider the relevant 
testimony the exhibits entered into evidence and   the applicable law because decisions of the 
board relating to variances conditional uses   and extensions of development order for site plan 
approval are final unless overturned by a court   of competent jurisdiction the County May issue 
development orders and permits for properties   in accordance with the decision of the board of 
educa of adjustment however if applicable requests   the issuance of any such order or permit and 
such order or permit is issued the applicant   and not the county will bear any risk that such 
decision may be set aside the development order   or permit may be revoked or the development 
may be otherwise enjoined by the reviewing   Court any application any applicant for relief 
from a decision of the boa for set action or any AG grieved party as as defined by state 
law May seek review of such decision by   filing an appropriate pleading in a court of 
competent jurisdiction within 30 days of the   boa decision the date of boa decision shall be 
the date the boa voted at the conclusion of the   hearing whenever the boa denies an application 
no new application for an identical action on the   same parcel shall be acceptable accepted 
for consideration within a period of 180   days of the boa decision any person AG griefed 
by a decision of the boa relating to an appeal   of an administrative decision May within 15 days 
thereafter apply to the Circuit Court for review   each individual who wishes to address the board 
regarding a particular issue must complete a blue   request to speak form and submit it to the clerk 
of board these forms are located on the table at   the back of the commission Chambers you will not 
be allowed to speak until we receive one of these   completed requests to speak forms we must have 
these completed forms for public record we now   turn to the matter of expart a Communications all 
written or oral Communications outside the he of   this hearing with members of the boa regarding 
matters under review today are considered X   party Communications X party Communications 
are presumed Prudential under flaer law and   must be disclosed as provided by the board of 
County Commissioners resolution 96-13 before a   decision by the board on in administrative 
appeal variance or conditional use request   the chair will ask as each case is heard that any 
board member who has been involved in any expart   Communications regarding the respective issue 
to please identify themselves and describe the communication ladies and gentlemen we now turn 
to our case this morning it's case number CU 20248 plus Landing parcel number 50 2s3 6092 004 08 a this is a conditional use 
request to allow an outdoor Recreational   facility requested by Clint uh gishi agent for 
press Landing uh LLC owner before we begin our   Our Testimony uh it is my responsibility 
to ask each board member has their been   any expart Communications regarding this case 
let the record reflect none uh is there any   knowledge or information obtained from a site 
visit or other sources by any board member let the record reflect none is there any member who intends 
to refrain from voting due to a voting   conflict of interest let the ref uh the 
record reflect there are none I would ask   now the individuals who are a party to uh 
this matter please come to the podium state   your name and address for the record so 
that you can be sworn in by the clerk Mr Kishi please raise your right hand do you 
solemly swear and affirm that the testimony   you're about to give will be the truth the whole 
truth and nothing but the truth so help you   God I do thank you please state your name and 
address for the record Clint gey 2950 nor 12th   Avenue pinol Florida could you Mr geesi could 
you speak up just a bit yes sir I'm old and I   need help my name is Clint geesy uh my address 
is 2950 North 12th Avenue thank you will you   be having any other Witnesses besides yourself 
uh yes uh another representative of the owner   will will likely speak today well if he could 
come up now and we will go ahead and swear him oh she I'm sorry ma'am that's okay please 
raise your right hand do you Solly swear   and affirm that the testimony you're about 
to give will be the truth the whole truth   and nothing but the truth soop you God 
I do thank you please state your name   and address Lauren Holman 1207 East 
Lloyd Street thank you ma'am Mr gishi um if you would like to make an open a short 
opening statement we'll be glad to hear that   now or if you prefer uh we uh will hear 
the saaff report and then afterwards of   course you will be able to make whatever 
additional presentation you'd like to make   it's entirely up to you sure yeah and I'll 
just give a brief description of what we're   doing and then I'd like to go into detail 
after the staff presents their findings   um um so basically you know we're presenting a 
pickle ball court um uh as a part of the plus   Landing subdivision and and that will be located 
inside the subdivision on a uh a common parcel   own by the the homeowners association um it's 
one Court there'll be one ball we're going to   do everything we can to make sure it's not 
a nuisance to the neighbors uh but we really   see it as a a compatible use a good thing for 
the community community to have um um you know   some recreational outlet and it's uh um the 
way I see it it's you know equivalent to a   basketball court and someone's yard or in the 
park it's uh it's it's about the same intensity   as as that and and we know that coexists uh all 
over our communities and and people and that's   something that people want if the the yards 
of these homes were big enough to have it in   their backyard um I I'm not sure but I think the 
you know the surrounding zoning would allow for   you to you know put some kind of basketball court 
in your backyard um and so that that's about what   we're asking for here uh and I know we have to do 
our due diligence and go through the the criteria   and um I look forward to hearing from staff and 
then responding to to their comments thank you sir   thank you uh you uh do realize that uh the project 
will have to meet all the criteria must be met in   in order for the board to Grant a conditional use 
yes sir and of course you have read the staff's   findings of fact also yes sir okay thank 
you very much uh if we could hear from the staff yes thank you board um Caleb mccardy aicp 
certified planner and planning manager for the   county uh first we'll go through the maps and 
photography that we have on the site our first   map here is showing the general location of 
plus Landing the actual subdivision uh it's   located down in Navy point there next is our 500t 
radius zoning map the zoning of the property is commercial our future land use 
designation for the property is mixed use urban this is in the warranting 
community redevelopment area and it is in a Airfield um planning 
district to want to document that and here's   a aerial showing um the property this area is 
from 2022 the site is um substantially developed   at this point next slide there's an attachment 
yeah you can just go to the next one all right   uh here's our notice of public 
hearing sign along Leroy poron poron Lane um there's another one that 
we put out there along Leroy poron this is looking North onto the site 
this is looking Northeast onto the site   it's somewhat of a triangular piece that the 
app has some documentation on this is looking   East along Leroy poon Lane this is looking 
across the lane from the site towards the   town home development and this is looking across 
um the lane from the site towards the uh stormw   water Pine there now that concludes our maps and 
photos if You' like we will proceed with our staff findings all right so again this is a request for 
approval to allow an active outdoor Recreational   facility within the commercial zoning District 
as that applicant state it would be a pickle   ball court concerning our criteria Criterion 
a related to General compatibility we found   that the proposed use of outdoor active outdoor 
Recreational facility a single pickleball court   cannot be conducted or operated in a manner that 
is compatible with the adjacent properties and   other properties in the immediate area the 
subject property is properly owned by the   homeowners association for the new subdivision 
plus Landing which is a 60 lot single family town   home subdivision furthermore the proposed parcel 
is located directly south of the 15t alleyway   that separates plus Landing in the subdivision to 
the north along Brown Road known as navy point we   have an exhibit a that shows that continuing the 
Land Development code defines the term compatible   as a condition in which land uses activities or 
conditions can coexist in relative proximity to   each other in a stable fashion over time such that 
no use activity or condition is unduly negatively   impacted directly or indirectly by another use 
activity or condition furthermore the commercial   zoning District limits operations to the 
confines of buildings and not allowed to produce   undesirable effects on surrounding property due 
to the proximity of the single family residential   uses in the immediate area the proposed use is 
incompatible due to noise that may be generated   by The Proposal note that the potential in 
incompatible nature of the outdoor use of the   property may be offset by requiring buffering such 
as vegetation or sound reducing walls it could   decrease the potential for adverse offsite impacts 
to the surrounding neighborhood continuing to   Criterion B our findings um concerning facilities 
and services our findings show that according to   the application public facilities and services 
are not proposed for the this recreational use   concerning Criterion C onsite circulation our 
findings showed that based upon the submitted   application Ingress and egress to the site will be 
established for pedestrian use only and no vehicle   parking or access to the site is proposed access 
to the property be from the existing public rights   way and sidewalk along Leroy poron Lane and that 
is constructed for the subdivision metal kiosk   concerning Criterion D nuisance and Hazards 
our findings show that due to the proximity   of the single family residential uses in the 
media area unreasonable noise will be generated   from The Proposal that will impact the neighboring 
properties according to section 5- 9.2 of the Land   Development code concerning noise prohibitions 
are it shall be unlawful except as expressly perm   minute herein to make cuse or allow the making of 
noise or sound that exceeds the limit set forth in   this article or the county noise ordinance within 
the code of ordinances number two is maximum   permissible noise sound levels no manufacturing 
commercial uses that operate or caed to be   operated any source of sound in such a manner as 
to create a sound level that exceeds the limit set   forth below at the time of land use certificate 
site plan review the applicant may be asked to   certify the intent to meet the specified standard 
there are sound limits listed in our findings   showing that for commercial and tourist Ty type 
operations between the hours at 7:00 a.m. and 10:   p.m. the decel levels are 75 um that's the limit 
and then between 10 p.m. and 7:00 a.m. it drops   to 70 all right continuing to Criterion e solid 
waste our findings show that according to the   applicant Solid Waste service is not proposed 
for the site if proposed all the waste on-site   waste containers must be appropriately located 
and are the responsibility the property owners   has necess Neary concerning Criterion F screening 
and buffering um we found that as proposed active   active recreational uses do not require screening 
screening and buffering by the Land Development   code Criterion G signs and lighting um according 
to the applicant no signs or lighting will   proposed for this site if later implement 
it all lighting must be directed away from   adjacent properties according to applicable Land 
Development code standards and then Criterion h   concerning site characteristics we found 
that according to the submitted site plan   the northern portion of the proposed Court will 
lie approximately 2 feet from the single family   Residential Properties to the north although the 
proposed Court does not meet the Land Development   code definition of a structure implementation 
of a minimum 5ot set back will be customary the   shape and location of the site appear inadequate 
inadequate to accommodate the proposed Court due   to the proximity of the uses to the properties 
to the north and then finally Criterion I use   requirements we found no additional use 
requirements for outdoor recreational   facilities that are specified for Land Development 
code Provisions um and finally uh staff recommends   denial of the proposed use as requested due to 
the proximity of the residential uses specifically   staff finds that criteria a d and H are not met 
that concludes our presentation and staff findings does board have any questions at this point 
for from the staff if not we'll turn to Mr   gei for what additional information he would 
provide Mr Ki would you like to come back and thank you um yeah so to respond uh you know 
directly to the criteria um we have items a d and   H which we um staff found as deficient so I'd like 
to speak to those directly uh number a just the G   letter A that just the general compatibility 
again I kind of look at you know um what we   see everywhere in our communities basketball 
courts tennis courts um this is the same level   of intensity as this as those uses which have 
existed for decades um and and continue to to   do so with without any uh any kind of harm for 
the most part and so I don't think that's a far   stretch to say it's uh it's it's a compatible 
use as that's Co coexistent coexisted with us   uh for a long time um uh letter d i I believe 
is probably the biggest thing that we need to   address straight on and uh and specifically the 
noise um and I believe that's something we can um   that we can look at objectively um because 
we do have this the the the ordinance Sound   Ordinance that gives us a decibal threshold that 
we can't exceed um so uh there's been studies done   on pickle ball and the average um noise level 70 
70 DB and so that's um so that's below the 75 uh   threshold and and we'd like to propose uh you know 
additional screening um um fencing in in the right   locations to eliminate any you know basically uh 
a fence can be designed with a certain rating to   to reduce decel levels um and depending on the 
construction you know average uh 20 to 30 Debs   can be reduced and so uh and to give a range of 
what we're talking about um because it's you know   we have you know we have a decimal level of 75 but 
that's that doesn't really mean anything thing to   most people um and so to kind of set the scale a 
normal conversation like a conversation in this   room would be 60 DB and then a lawnmower would 
be 90 so so we're about Midway um you know the   threshold here is about Midway through uh that 
that scale and so um when we look at pickle ball   being 70 DB uh 10 DB above a normal conversation 
and then uh knowing that a typical privacy defense   can reduce the decb by 10 to 15 um you know that 
that gets us at or below a normal conversation and   so and so that that's kind of you know we can look 
at it objectively we have real numbers there's   been real studies done and and it doesn't have 
to be something that you know that that we can   uh move forward with without justification um and 
so that's that that's kind of our um our take on   it and we and we would like to limit the hours to 
daytime hours only um and uh and you know design   design the fence uh specifically on the North side 
and uh Caleb can you pull up the site plan for me please thank you and so the the north side uh 
you know adjacent to the alleyway we would like   like to install a fence along that side there 
um and that's really the the location that we   can uh that we're most likely to cause a 
nuisance toward um and so so whatever we   can do within reason to to address that 
straight on we're we're happy to do so um   and again this is this is one court it's one 
ball um it's we're just trying to give the   the residents that's gonna that will live 
here an opportunity to to have activity outside and in regards to H um again uh you know we we do have we do have 
room to to provide a fence and the fence is will   be a lot more uh efficient at reducing sound 
than than the you know any vegetation that we   can install there um and I don't think that there 
were uh the staff found issue with with some of   the other items but but I would like to kind of 
touch on them uh specifically on-site circulation   parking any of that uh we don't intend to generate 
any traffic uh this is this Courts for the use of   the residents that live there it'll be fenced in 
with a keypad um and uh you know there should be   there should be no one parking out there anybody 
that lives in in the neighborhoods likely will   you know in the in the town homes will likely 
just walk to to the court um and so we see that   as a non-issue um lighting again we we propose 
no lights we want it to be you know daytime use   only uh and so we there's really no intention to 
to have that uh we're have you know typical for   you know a tennis court or basketball court 
you have a plaque that have the rules um you   know the rules be no littering you know pick up 
whatever you take in and and just the typical   stuff um and then lastly uh storm water I I know 
that'll be brought up that's always concern that   we all have with that with our original design 
of the subdivision we we accounted for that uh   that will for storm water storm water will be 
reviewed this project will need to go through   DRC and actually do a site plan review and there 
will be an opportunity to have engineering you   know County engineering review the plans make 
sure storm water's good and we're not causing   you know any trouble we definitely don't want 
to cause any any flooding or erosion or anything   else to cause the neighbors any nuisance 
um so with that um you know I'd love to   hear what they have to say uh the the 
community has to say and and and make   sure that we're uh addressing everything headon 
thank you more do we have any questions for Mr gishi did you present to staff 
the potential foring we have not and I see the drawing that is before us uh the I 
presume that's the alleyway that uh runs by the   proposed court is that right yes sir and across 
from the alleyway uh are those homes uh is there   homes there yes sir okay do we uh for the staff do 
we have a picture U that can kind of show us more   of where uh that is uh yes sir we can pull up the 
aerial and indicate it um I believe we included   a copy um I think Mr geesy may have included a 
copy of the actual plat for the subdivision that   rates that as well um if you look at the plat 
subdivision was platted not too terribly long   ago and it's under construction now it's that 
triangular piece right there to on the northeast   um that is a private parcel that's owned by 
the HOA um so that that's also demonstrated   on the applicant site plan so if you look 
at it in relation um to the aerial here um   as you travel right right where her Mouse is 
kind of pointing there's a mail kiosk right   there and that's where the proposed Court would 
be and you can see the alleyway um just north   of there a little sliver that separates those 
two pieces and this and these are uh homes that   ring this entire area right yes sir those are 
all single family homes those are the backyard   those would be the backyards yeah the access to 
those homes there are along Brown Road um but   those would be the backyard and if you can see Mr 
gwin if I may you can see the close proximity of   this propos structure to those homes is in very 
and that's and that's one of the concerns that   staff has that's why staff made at this time 
made a request for denial but it's up to you   to support it or approve it um compatibility is 
an issue because that's right they're almost like   in somebody backyard um um and and and and and 
and been been KN the Clinton now for a long time   um fencing is good but fencing cannot it's still 
going this project still going to cause some noise   so that's one definition cat an unduly negative 
impact so regardless of the FY fence not going to   Shell all of the noise due to the close proximity 
of the structure to those homes on that strip   and that is and that is the that is the primary 
concern right I was thinking uh what about this   uh court if I uh now I've sort of got an idea 
where it is when you showed your schematic it   backs up against your own uh dwellings is that 
right yes sir yes well do you think those people   who buy those homes would be excited about having 
a pickle ball court literally next door I I would   hope the person buying those homes would would 
would want that that would be their choice to move   there yeah and so and to respond to Horus uh right 
I think there's a there's a spectrum of what kind   of fences you can build I mean there's everything 
from a chain link link fence to to a wall that   fdot builds for for for sound um reduction and 
so and so there is uh we can provide a design   that that that provides the Sound Reduction that 
is necessary um and so whether that's Mass loaded   vinyl whether that's you know some combination 
of wood and vinyl what whatever that may be um   I think that'd be a reasonable solution uh because 
right that is that is close to those neighbors uh   however if if you if you build the Sound Reduction 
ction um what whatever that is uh it'll stop it   there I have a question for him Mr chairman yes 
sir um he mentioned um a walls such as um the   walls that fdot uses um are you um referring 
to those walls on the side of the interstate   those concrete walls yes sir okay cuz um that's a 
concern also you know I would I couldn't imagine   having a home a beautiful home and then having 
a prison wall right behind the home you know and   we we would that's a good point I mean we would 
want to do something aesthetic uh aesthetically   pleasing that that that fits in the neighborhood 
right okay thank you yeah and I believe we can do   that to look like I mean uh you know basically 
a reinforced uh fence that you would typically   see okay uh could we go back to the photos 
I think there were some backyards that were now this photo we have before us uh are those 
is this the proposed site for your court yes I   believe so okay and the only thing that would 
separate the court uh from uh I presume that   looks like a fence uh privacy fence uh would 
be uh just that that fence and how close would   you plan to put the court to the fence line or 
whatever the property line is right so I'm not   sure how I'm not sure how close that fence 
is built to their property line I assume I   assume it's on the back um on the line itself 
he there's a 15 foot Alleyway uh that that's um   that's actually you know deed property to the 
county and then uh and then that begins our the   common parcel where the where the court will be 
built and we're we're showing it two feet off of   that uh there might be some room to squeeze it a 
little bit further off but it's uh um it's pretty   tight yes sir and just just to remind the board 
there in our findings we show and on the Aerials   there is a 15t alley that is between the residence 
Brown Road and this property um the the there is   a picture before us and uh you you see the the 
fence there is that is that is there an Alleyway   on this side of the fence where the construction 
is it is hard to tell based upon the photo there   where that fence would lie in relation to the 
alley um really the engineer would likely and   the applicant would know more about that because 
they were responsible for the platting and those   type of things of the subdivision what I'm 
getting at is that if you are going to have   uh a a pickle ball court that literally is 
beside uh nearly nestled into the alleyway   that doesn't seem to be a very uh good 
place to have one to be honest with you uh I guess what I'm asking is how much room are 
you going to have between the alleyway and the   pickle ball court is it going to I mean feet is 
going to be 5 feet 10 feet right so so from the   property line that we share with the alleyway 
we have right now we have it two feet off the   property line which is which is I'm sorry I 
I didn't hear you right now there's there's   two feet separation between the Corp and and and 
the property line and and that's you know that's   intended to to place our fence in that area 
all right sir and to answer your question uh   and that's a good picture uh picture there if you 
can see it uh the dash line I believe is the rear   property line and and that's where I believe that 
that wood privacy fence is is located and then   you have the um the 15 ft there in the alleyway 
right so it's on the other side of the Alle yes   sir okay and so there would actually in that case 
there would be two fences between the court and   those homes there I have another question for 
him Mr chairman yes sir um this Alleyway that   we're looking at and that wood fence that we were 
looking at um say you do put another fence on the   other side of the alleyway um my concern now is um 
Safety and Security for the children that are out   there I mean can you imagine what can happen in 
between that Alleyway without without what could   happen going unnoticed um right away um um how 
how would would you um how would that be prevented   someone getting raped um kids back there smoking 
or just doing whatever they shouldn't be doing or   adults I mean you know that's a concern for me at 
this point and so the uh the other homes will have   uh you there will be privacy fence there and and 
I would hope the presence of the community that   we built would would help establish um Security in 
that area I think that's the best uh uh the best   method to make sure that um everything's okay out 
there that we're going to have a lot of eyes um   twostory town home it'll be be able to look down 
into the alleyway and and I believe if there's   anything going on um those residents will let let 
authorities know I would sure hope so because um   you know when you said that's not a to me that's 
not 100% people go to work they go to church they   go to school they go to the grocery store and 
you know while they're going they're just not   looking out that window down that Alleyway 24/7 
um you know that that's just a concern um the   safety yeah um so I mean one solution to that 
is to vacate the alleyway I mean the alleyway   has been there and I don't I don't suggest that 
I don't please I don't suggest that but can y'all   keep it now the uh I don't suggest that but uh but 
Alleyway that that's what your your your concern   is you just a moment we need to have an orderly 
hearing here and the audience the individuals who   have signed up to speak are going to have their 
chance to speak however right now we're taking   testimony and uh these voices are not helpful to 
helping us make our decision so I would ask that   you please refrain from any kind of uh uh outp 
purse it's it's not helping your position and   it's interfering with us trying to figure out what 
the best way to decide this matter so I do ask you   to please don't do that thank you ma'am Mr gei 
you were speaking thank you um but but I believe   your concern is intrinsic to Alleyways and not 
necessarily the court I mean I think if we had if   the site was vegetated you'd have the same you'd 
have this the same issue uh you know whatever we   you know we we do have the the right to be able to 
put up fence uh to to vegetate that side um other   parts of it is vegetated other you know other 
parts of the Alleyways in the same neighborhood   have that same character to it um and so yeah 
I think I'm not sure if that's something that   we're causing with the court I I I don't believe 
it is I I understand where you coming from um   I'm an advocate for kids in this community and 
they do need places to be that are safe but safe   you know I just said safe you know um I I feel 
if you're inviting more kids to this pickle ball   location you will there's a potential for more 
issues that's what I'm getting at you don't see   it being a problem right now but once you start 
inviting more more kids to that area I meant could   that be a problem um so I mean that's interesting 
point um because it's it's uh pickle Ball's this   crazy new you know fad where there's um the the 
range of players is from kids all the way up to   you know uh people in their 60s 70s um so I mean 
it's really a a thriving Sport and I think you   would attract uh my my my my point of view is 
that that you know having a presence there um   um kind of establishes its own security uh I I 
don't I don't see it as um I mean we could put   a playground there that would that would do the 
same thing and I don't think that would require   a conditional use um but I don't see that as a 
I I I I think that you know the the the presence   that we're going to establish there I I think will 
secure itself I understand I I don't me personally   I don't think you can compare a playground 
to a pickle ball feeli due to the fact that   teenagers they they are capable of coming to the 
pickle ball field on their own versus parents   you know um being present with their little 
kids during day hours at a playground but I I   see what you're saying I'm not trying to say I'm 
against it but I'm just very concerned about the   security and safety of the kids and the elderly 
people in the neighborhood you know on what   potentially could happen between um that area 
that's 15t right 15t yes sir yes sir you know   I mean once you start putting up fences you start 
putting up concrete um uh barrier walls um sound   walls I meant you know I started thinking of um 
Oak Wood Terrace you know um you know the walls   that are around it you know do you want to make 
it a prison ground or do you want to keep it uh   neighborhood and keep it um keep everything 
compatible basically you know yeah we I mean   we intend for it to be compatible and and you know 
whether we we're allowed to have this as a pickle   ball court or it's a uh um you know whatever is 
done with the common space the intention is to   provide something for the use of the community um 
for for out you know we we need more opportunity   for outdoor activities Ag and so uh this is this 
is what people want and uh and that's what we're   trying to provide um and I think any other use 
whether that requires a conditional use or if   it's allowed by the zoning yes sir um you know 
I think that's a good consideration that we need   to um that we need to take is is the safety of 
the alleyway and I I think it's a good today   is a good day to be here for this um because 
you say is what the people want so the people   have showed up so I'm I'm I'm I'm interested to 
see what what everybody has to say today but um   that's all I have for him Mr chairman that's 
all my questions do we have any more questions   uh Marty um clarification this property is owned 
by the HOA yes sir and so it's the HOA that is   pushing for this development uh yes yeah did 
to the best of your knowledge did the HOA take   it to um their members for uh vote voting for 
approval or disapproval so so this uh you know   this subdivision was ploted this year and these 
homes are currently Under Construction And so   there's not a yeah gotcha okay thank you yeah I've 
got a question when you finish your uh development   uh how many homes do you project that you will 
have on this site we have we have 60 and that that's just a you have one pickle board uh 
ball court and 60 homes do you do you think   that there will be any problem with uh usage 
I mean it's that many people with one Court I   just wonder is that practical to even have one 
I I I think people will likely be thankful to   have that uh absolutely yeah okay do we have 
any more question questions for are the uh   are the Homes single family residential are 
they town homes are they Apartments they're   they're Town Homes uh and and they're all 
individual Lots single family residential   attached Town Homes I'm sorry no sir yeah you 
got they are all town homes so single family   attached homes okay yeah do you have any more 
questions for Mr GUI at this point sir would   you like I know that you have a witness 
would you like to present your witness now M and you're still under oath of course yes 
thank you so my name is Lauren Holman I'm the   COO of the Jor properties the developer sorry 
could you speak up yes sorry I have a quiet   voice so I am the COO my name is Lauren Holman 
I'm the COO with the door properties also the   developer at plus Landing um I'm here today on 
behalf of the people who will eventually live   at plus Landing um we see this pickle ball court 
as a way to provide a healthy outdoor activity um   for people of all ages and all skill levels uh I 
have served also as the HOA president at a 92 home   development in Puro key uh there we installed 
two pickle ball courts also a similar setup   where you've got backyards spting up to the pickle 
ball courts the only complaint that I've received   in 3 years is that there aren't more courts 
um people really enjoy them uh they have um   expressed zero complaints about the pickle ball 
courts other than like I said They wish that there   were more hence why we thought that bringing a 
pickle ball court to plus Landing would be a a   good opportunity for the people living there 
um I have visited the Navy point and face   uh next door apps and wanted to provide some 
clarity on some misinformation that I feel has   been somewhat distributed which Clint spoke to 
some of that earlier but I just want to provide   a little color to that as well um the courts 
will be installed at plus not Triangle Park   I'm I'm sorry ma'am could yes thank you the 
courts will be installed at plus not Triangle   Park there was a lot of uh chatter about the 
courts being across the street at the park and   I just want to make sure that that is was never 
our intent nor will that be happening um it is   not a multi-t setup it's a single Court therefore 
one ball is what we're talking about um it will be   for tenants only so we're not bringing in traffic 
from outside of the area other than for the people   who are already going to be living there uh it 
will be fenced in with a keypad allowing uh only   tenants to utilize the courts again restricting 
outdoor uh visitors um it will have a buffer to   cut down on noise and we're willing to do what 
whatever you all require in order to make that   happen uh and it will be limited to daylight hours 
only so there will be not be Night play that's a   similar setup as compared to what we have going 
on in Puro as well and again no complaints from   that Community um Mr Kirkland you mentioned uh 
your advocacy for children which I can appreciate   um I have a 10-year-old son we frequent our pickle 
ball courts in East often also FC Den but we we   really enjoy that play time it allows um a lot of 
good physical activity for my 10-year-old son and   for myself um we do appreciate this board's 
consideration um I think it's a reasonable   request that we're making here today and we're 
open again to doing whatever we need to do in   order to address the concerns of the board in 
order to make this happen thank you m'am uh   board do we have any questions yes Mr chairman um 
these the town homes are under construction now   correct yes sir have any of them been sold uh they 
just were completed we just received cosos okay so   if I understand what you just said um there are 
some owners now no I'm sorry the town homes are   not for sale they're for rent okay so and when 
would this court be built if it were approved I   guess dependent upon approval we could then begin 
construction once everything goes through what I'm   getting at is um there's no owners of any of the 
adjacent properties at this time so if the when   and if that somebody would purchase one of these 
town homes they would know that there's going to   be a pickle ball court in their backyard correct 
so any tenant who would be um signing a lease to   live close to the pickleball court would know that 
they were doing so at the time that they signed   that lease okay thank you uh ma'am if I understand 
then these will be rental properties is that right   yes sir and not uh home uh ownership that is 
correct okay board do we have any more questions   thank you very much for your testimony thank you 
Mr chairman yes sir as an additional point of   clarification for folks hopefully to ease some 
concerns um I appreciate the witness pointing   out it doesn't involve Triangle Park that's 
County Park this is not a county project uh   additionally any concerns about vacation any 
kind of possible vacation of that right away   that's not being requested our department is 
one of the areas that reviews those requests   um we would not be in support of something like 
that that does serve as somewhat of a a buffer   between the higher intensity higher density 
uses of plus landing and the lower density   to the surrounding neighborhood so that that 
is not on the table all right sir thank you   board do do we have any questions so far from 
staff or Mr gishi okay now we turn to uh we   have quite a number of people and thank you so 
very much for coming out on this morning uh we   appreciate you being here we do want to hear your 
thoughts on this matter so what what I will do   first there are a number of people who have signed 
up but indicated that you did not wish uh to speak   I will just read your name and if indeed uh that 
is your pleasure that's fine and uh if it's not please please let me know uh but for the purposes of the record also if I 
butcher your name please correct me I I uh I'm   old so you folks are just going to have to work 
with me and uh Mr Mr I got a question in um in   the try can help me out on um in order to preserve 
the record although the speakers are not speaking   the ones that the ones that uh ask not to speak uh 
uh m c west uh is it just to preserve the record   in just in case if this proceed to the next level 
of Court action is it is it good for the chair to   basically if the speaker wish to say they don't 
speak so that he can say if the if the person is   in favor or not in favor is that is that is that 
good for him to do that or just stay that well I I   had planned to uh read the names ask if the 
person uh wishes to speak and I was going to   indicate whether for or against if that meets our 
council's blessing have to be SW in that that's   fine they should be sworn uh if they're going 
to provide any input to the board although um   as far as evidentiary value of a simple uh 
yes or no yes or no would not be something   that the board would be able to consider having 
too much evidentiary waiting yeah all right well   that in that case then I will just uh call your 
name ask if you wish to speak and as I and as I   say if I do it wrong please let me know uh Glenn 
Conrad these are individuals who indicated they   did not wish to speak Mr Conrad um Susanna 
Starck no thank you okay thank you ma'am uh Brian Nicoli Nelson I will speak can 
I all right Mr Nelson come forward please I'm not good at this but I'll give sh 
please raise your right hand do you Solly swear   and affirm that the testimony you're about to give 
will be the truth the whole truth and nothing but   the truth hope you God I do thank you state your 
name and address please Brian Nelson 502 Northwest   Circle Drive uh I lifelong resident of Warrington 
born and raised there um I feel this project is   a this pickle ball thing is is a an attractive 
thing think for this complex basically I think   that uh the rent's been slow when this was first 
proposed it was for sale condos for sale and now   it's gone into a leasing program you ride by 
we've gone from what $2,400 a month I believe   the units are now it's three months half off rent 
so we're we're striving to get some creativity   here trying to get some attention to this project 
and I think that's kind of where the pickle ball   comes in my thing is on the uh activity of people 
if you're familiar with warington we have the we   have a two-mile walk along the water Road there 
that's been paid maintained by the county it's one   of the nicest places in town I please come by and 
hang out and walk it you don't need a pickle ball   court to get activity you can go from where this 
complex is a block off and you start a walkway   that's along the water all the way around so I 
don't know if that really holds water but I just   feel this a I think our community is being thrown 
a a bill of goods to make this thing attractive   I would love for this thing to be owners but I 
own 12 rental houses in that property and let   me tell you nothing against Runners forgive me 
the attention to detail is just not there okay   it's it's it's a place to live it's a place to 
do your business but the attention to detail   tell it doesn't quite exist okay so we go in and 
rent these 60 units we have 60 renters uh kids safety the lights go out no lights what's going 
on then renters aren't going to look down and   go hey you know I'm concerned about this some 
will most won't and I say that because I have   a little bit of uh I have some knowledge in 
that I I've been doing the rental thing for   you know 30 years over there so I've seen both 
sides of that I just feel that this thing's been   thrown on us to uh make the project more 
attractive I don't think it's necessary   I don't buy into the hey let's get outside 
and do things when you can walk another 300   yards and walk along the water as much as 
you want and get all the activity you want   so I guess that's my point on this all right 
sir thank you Mr Nelson thank you uh Virginia   C Dolan Dolan no thank you thank you ma'am 
uh Cheryl poock I come forward if you would ma'am please pleas sworn please raise your right 
hand do you solemnly swear affirm that the Tes   you're about to give will be the truth the whole 
truth and nothing but the truth so you God I do   thank you please state your name and address 
Cheryl poock 114 Holmes Drive yes ma'am um from   the standpoint of what was presented there was 
a lot of evidence given or not evidence there   was a lot of information that was given that the 
evidence wasn't presented there were no studies   information presented there were no references 
given and they tossed out a lot of numbers that   talked about how they would reduce the Sound by 
using multiple fences no evidence was given as to   what those fences actually will do those numbers 
could have been representing a specific fence in a   specific situation what I see and I'm an engineer 
as I see that they're planning on putting a fence   along the one North Side sound wraps around that 
fence they have it up against buildings those   buildings are what three stories sound reflects 
off of those buildings and so the people who   live in that area not only the people that are 
directly behind them but the people who live in   Navy Point are going to hear that noise extending 
over the neighborhood sound carries across water   much greater than it does against buildings 
so you've got a reflection going on you've   got a short fence that's trying to trap sound it 
doesn't how long are those fences that are along   the highway they run the whole way to protect 
those different neighborhoods that are behind   that you're not getting any numbers you're not 
getting any references to studies that tell you   what that where that study was done and what other 
conditions were existing around it so I'm very   concerned about the reflection off that building 
I'm very concerned that the fences that they can   put up cannot stop that sound from penetrating 
to those people the location of that property   is one of the highest elevations in Navy point and 
that sound is going to penetrate and travel across   the water water um one of our previous speakers 
talked about the activities that go on in this   neighborhood it's a very quiet neighborhood very 
quiet you can go out at night and not hear sounds   you might hear the highway but the sounds that 
are happening there are going to penetrate out   to those walkways it's going to penetrate out to 
the Park area which is all Waterfront Park and   in this area we have this long walkway that goes 
all around Navy point we have the beaches that are   right around the edges of that Parkway There Are 
Places to exercise there are places to ride your   bike there are places to walk to run all those 
activities are available as well we have a boat   launch in the area there's plenty of fishing all 
kinds of things that can be done in that area to   me the pickle ball is going to be a reflective 
sound that bounces through the neighborhood   continues during the day even if it's just one 
ball if you're a sleeper during the day we have   a lot of elderly people in the neighborhood who 
do sleep during the day and they're going to hear   those noises so I didn't see the science presented 
today I just heard that there were stud studies   out there thank you thank you ma'am Terry traml 
thank you thank you ma'am Lea croin cro thank you ma'am Ted Hawthorne thank you 
sir all right thank you sir and Mr Conrad's already spoken so now 
we turn to the individuals who have   indicated they do wish to uh speak 
formally we'll begin with uh Lauren Holzman that was me oh okay 
thank you ma'am all right and Mr gei Lori Cooper please raise your right hand do you Solly 
swear and affirm the testimony you're about to   give will be the truth the whole truth and nothing 
but the truth help be God I do thank you name and   address please okay so I'm really upset about 
this whole de development ma'am could we have   your name and address we can hear oh Lorie Cooper 
212 Brown Road yes ma'am okay all right I live on   the road that this court would back up to um 
there's a vacant lot that's actually two lots   that are right it's right across the street 
from me so the noise would come right across   that field into my house I have had I think two 
years of noise already from this development   they I think they damaged my home when they 
were Paving this whole situation I lost a car   because of this development when they cleared 
it off all the rats came into our neighborhood   I lost a car engine over this development so I 
am not happy about anything else that's going   to disrupt my life and that's all I have 
say thank you ma'am Kimberly uh Keeler yes ma'am please raise your right hand do you 
Solly swear and affirm the testimony you're   about to give will be the truth the whole truth 
and nothing but the truth so you God I do thank   you name and address Kimberly sandling kellerer 
203 Brown um I also own 2011 One Brown and then   I'm really good neighbors with the two people 
on the other side they back right up to us I   have a huge bamboo that is the only thing that 
cuts me off from them and the pickle ball court   would literally be in our backyards if you look 
out of my backyard two doors down it looks like   it's already in their backyard um as far as 
the alley goes starting on gilland there's no   alley I know because I owned 108 Northwest 
Gilla Land and I know who I sold it to and   they also own the other property where they've 
made the drive to wherever the alley is from   that end that they're using in the the middle 
of these two properties one of which was mine   anyway there's there's four properties 
that are being disturbed right now and   I feel like market value is going down already 
um the noise will not help and I stayed home   all day um my husband works from home that 
noise has already been a booger so I just I'm   concerned about the alley number one because 
I haven't seen it um and they are literally   backed up and I did hear that they were backing 
right up to a fence that they were going to put   up but still that's literally right there in my 
yard that's all thank you ma'am thank you Marie scopus please raise your right hand do you Solly 
swear and affirm the testimony about it g will   be the truth the whole truth and nothing but 
the truth hope you God I do thank you name and   address Marie scopus uh 402 grieve Road I live 
in Navy Point um I oppose the pickle ball court I   know um it has a noise deciel level but 
it also beyond that it has a high pitch   frequency level with 1.2 kohtz or 12200 cycles 
per second so what is that similar to that is   similar to the noise a garbage truck makes 
when it goes in reverse that beep beep beep   noise and the garbage truck is intended to 
be loud and annoying in order to catch your   attention to be safe on the roads so we're going 
to have this annoying frequency from pickle ball um when do they play do they play in the daytime 
or do they wait till the sun goes you know starts   to go down then it gets cooler well when 
it gets cooler there's something called   temperature inversion um that's when the air 
above the ground is warmer than the air near   the ground and temperature inversion happens a 
lot when the weather's clear when the wind is   calm what it does is it causes the sound waves to 
bend back down toward the Earth and that increases   the sound um I used to live in Minnesota when I 
was a in high school we didn't have cell phones   and in the evening we could just call across 
the lake it would be like somebody was standing   next to you that's what's going to happen in the 
evening with pickle ball and then they're saying   it's only going to be in the daytime but what if 
somebody plays at night who's going to enforce   that is the sheriff going to come and and and 
say you know we call we're little grandmas we   call the the sheriff all the time we say we 
saw somebody they were parking wrong down by   the park and we're going to call if we hear 
pickle ball at 11 o'clock at night and the   sheriff doesn't want that he does not want that 
and I think I think oh no I have one more thing   I want to say that staff opposed this and I'm not 
not educated but these people all have scientific   backgrounds and they've looked at this and they 
oppose this so please take staff's opinion and   don't let this happen thank you thank you ma'am 
Robert Brown No thank you Mr Brown thank you you Susan uh Gund Gunderson yes ma'am yes   please raise your right hand do you Solly swear 
and affirm the testimony you're about to give   will be the truth the whole truth and nothing but 
the truth so you God my name is Susan Gunderson   I live on Bryant Road I've owned the residence 
for 46 years and I've been very pleased with the   neighborhood when I heard this huge development 
was going to go in I was very concerned um but so   far it's been good but now this pickle ball thing 
it's just accelerated the problems that are going   to happen in the neighborhood in my estimation 
uh I'm very concerned with the children in the   neighborhood the alleys as such are controlled by 
the residents but with his pickleball pickleball   court um I'm concerned that that's going to 
bring in a lot of other people and who's going   to patrol that our police so we have to call 
them but you know the development's already   there but I'm not in favor of this pickle 
ball thing thank you thank you ma'am John W Gunderson do you Solly swear and affirm that the 
testimony you're about to give will be the truth   the whole truth and nothing but the truth St be 
God I do thank you John Gunderson 215 Brian Road   uh I just want to point out the county already 
owns a very large Park all the way around the   water it's in excess of two miles maintained by 
the county there's exercise stations I walk my dog   every morning the full two miles and at the end 
of it there's a playground for children that the   county has placed in there and maintained very 
well I just want to point out if it's outdoor   recreation or something something that they're 
trying to get people interested in it exists in   Navy Point already you don't have to add it 
we've all lived there for years and we enjoy   the outdoor activities that are available to us 
people have pointed out there's numerous beaches   where families can take children the park is sun 
up to sun down like all county park parks and   you know I just want to point that out that you 
know the whole argument about needing outdoor   recreation I just don't understand where that 
comes from when we've got so much in Navy point   that all of us in Navy point enjoy and have 
enjoyed for years and there's a lot of people   that come in from outside and park down by the 
boat ramp and they use the outdoor recreation   they run they they use the physical activities 
that the county maintains you know pullup bars   and whatnot uh so there there's a lot of activity 
already in Navy point so that's why I am not for   the racketball Court I also uh was misinformed 
and I was told that the racketball Court was   going to be placed on the Triangle Park and 
I just couldn't understand how somebody could   that seize County property for personal use so I I 
that I was misinformed but I do want to point out   there's already a ton of outdoor activity there 
and you know if they wanted to promote it promote   that that's there it's available and it doesn't 
even cost them any money you know I I wasn't for   this large complex from the get-go and I'm not 
now but it's there but I don't think you need to   add to it it exists and we've all enjoyed it for 
years many people in this room have grown up in   Navy Point using these facilities and the county 
has done nothing but improve them to make sure   they're set for families and children so I just 
want to point that out thank you thank you sir uh beredith Reeves please raise your right hand do you Solly 
SW affirm the testimony you're about to give be   the truth the whole truth and nothing but the 
truth so you God I thank you name and address I'm   Meredith Reeves I'm at 209 Brown Road um my home 
is um immediately north of this parcel um I don't   have a lot to add to what staff said as as the 
different Criterion I think they done an excellent   job and I would encourage y'all to um not support 
this I would add um about the Criterion C the   on-site circulation just because the alley behind 
Brown and plus Landing is not really as shown on   the backup that y all receive that has been 
um it really is a dead end it does not go all   the way through um so as a resident I do have 
concerns that because there has been encroach   by the development from an alley that typically 
was back there um that it's likely that there will   be vehicle traffic and not just by plus Landing 
residents so it's unclear um if this is just for   plus Landing but if it's going to be open there 
are going to be residents and other folks that   are going to utilize it and we would see more 
traffic going through that alley back there um   and again if the applicant said that they might 
do a wall to mitigate the noise um while that may   mitigate the noise that would cause another issue 
as far as um being an isore and being a detraction   from our property value so while it may mitigate 
one of the Criterion it would cause an issue with   one of the other criteria so I would encourage 
y'all to to not approve this um for our residents   thank you thank you ma'am uh Richard Mayberry oh 
thank you Mr Mayberry thank you sir Lisa uh Lisa Arnold please raise your right hand do you 
solom me firm the testimony you're about to   give we the truth the whole truth and nothing 
but the truth God thank you name and address my   name is Lisa Arnold I live at 211 Brown Road um 
so I've owned my house for quite a while I just   recently retired and moved into it full-time 
and uh when these projects were were first   being um advertised and and so forth um they 
were supposed to be for sale um now they are   for rent so now they're saying they're not going 
to light up this court but you know fool me once   shame on me fool me twice shame on you so that's 
the what what I'm talking about um the sound   decibel they mentioned uh 70 uh sound decb um I 
did a real quick Google search because I'm not   educated in that at all and it's that's actually 
at a 100 feet away um so I walked the property   yesterday I went back there to look I thought 
how in the world are you going to squeeze this   in you're already encroaching on the Alley and 
um you know so if you put a fence you're you're   like right there um so that sound I mean it's 
going to it's going to travel anyhow and um I   have to piggyback on the safety issues and the 
safety concerns as well um especially living   there there's already been more foot traffic 
there's already been more trash back in the   alley and my fence does not go to my property 
line my fence stops 5T before the end of my   property line so um you know that's just one 
thing another thing to consider um those are   the only things that I I wanted to bring up 
so I thank you and you guys did an outstanding   job when I read your thing so I thank you 
as well so thank you ma'am uh darell camp do you Solly s airm the testimony you're about 
to give will be the truth the whole truth and   nothing but the truth so God I do thank you 
name and address Daryl Camp 207 Brown Road   so I'm two doors down from the lady who 
just spoke I'm went next to her and two   from her too I was out in the alley yesterday 
uh I measured from you know they put grass in   so all these buildings now have grass put down 
um from my fence to the beginning of the grass   is 10' 8 in that's a far cry from the 15 that 
I believe it's supposed to be and even more   importantly going west there is no she mentioned 
a minute ago that that alley is gone their their   their street is in where the alley used to be so 
as I understand it one of the reasons for alleys   is so emergency vehicles can get in from that side 
in the event of a hurricane or something of that   nature you would need that kind of Ingress or 
egress or else we're stuck in our houses it's   possible in any case if the alley is supposed 
to be 15 ft then 108 isn't it and my girlfriend   pointed out a couple of days ago we were looking 
in in going east going up to uh sunset at right   behind her house and uh it it's messed up on that 
side too on the east side but on the west side it   is totally gone there used to be an alley you 
could go around come out over there and go on   to Gill land I guess it is uh now there's their 
street with what do you call gutters along the   edge I mean if you had to get out you could drive 
over the grass and get onto their street and get   out but to me that's not really the point if it's 
supposed to be 15 ft it ought to be and I was very   gratified to hear that these guys who do have all 
the uh expertise um were against this project and   one other thing I don't understand what one one 
what do you call it Court could do what what's   one Court going to do for 60 households only only 
in the daytime I mean can you picture that what's   going to happen I mean people fighting over it I 
I'm not saying that's going to happen but it could   in any case thank you for find speake thank 
you sir larua Barker no thank you thank you ma'am philli uh Pollock please raise your right hand do you 
solemnly swear and affirm the testimony you're   about to give will be the truth the whole truth 
and nothing but the truth so I'll be God I do   thank you name and address I'm Philip Anderson 
Pollock I live on 114 homes drive and have a   couple of rental properties in the area as well 
I have a uh tenant who works Night Shift as a Neo   Nat nurse and another disabled tenant nearby 
as well um first of all I'd like to thank the   county for the Forum they provide here for us to 
speak and be heard I want to thank the developer   for actually asking for permission and not asking 
for forgiveness in this situation um and I think   that seems the main concern with it is first 
of all that it won't be done at night there   won't be big Stadium lighting put up you know 
any time with regards to this situation and   also I the noise situation I think is the main 
concern for most of us here um the young lady   on Brown Avenue pointed out the decibel issues 
the pitch of the the sound can be quite annoying   with pickle ball for some people and I would be 
especially with their situation on Brown Avenue   I would be very concerned about it especially 
with the noise reflecting back off the building   as well with a fence put up so um my wife Cheryl 
she spoke earlier about you know proper studies   being done it would if this thing's going to go 
forward it would be nice if it if a proper sound   study was performed for it so and I guess that's 
about all I have thank you thank you sir very bigs please raise your right hand do you Solly 
SAR airm the testimony you're about to give will   be the truth the whole truth and nothing but 
the truth so you God I do thank you name and   address name is Gary bigs I live at 200 Brown 
Road as well and the noise is one of the bigger   things that we're really concerned about 
we have been listening to it for quite a   while couldn't imagine it going on continuously 
with this pickle ball I know it kind of seems   odd to me if they ask for 10:00 at night 
to be able to have this thing open isn't   that nighttime uh at least that's what I was 
told they wanted it open from what 7 to 10:   we're also concerned about a light and even though 
there's only going to be 60 residents they're   going to have wives friends and things like that 
that may want to come play this are they going to   abide by the rules is there going to be a keypad 
that won't allow them after daylight you know and   and the traffic please just say no no no to this 
pickle ball thing thank you very much thank you sir Kenneth star please raise your right hand do you Solly 
swear and affirm the testimony you're about   to give with the truth the whole truth and 
nothing but the truth s be God I do thank you   and address um Kenneth Starck uh 16 Northwest 
Giller land Road and I just have my concern is   mainly uh extra noise from the uh pickle ball 
court I think this whole um development is   going to be pretty noisy anyway is when when 
60 concentrated uh condensing units start up   that's going to be kind of noisy too and eight 
of them are facing Triangle Park which I don't   think was a good idea but anyway that's uh 
my concern is we just don't need the extra   noise of the pickle ball C because Navy 
point is a very quiet generally a quiet   neighborhood and that's about all I have to 
say thank you sir thank you uh Shirley pop yes please do you solom me SAR and affirm the 
testimony you're about to give will be the   truth the whole truth and nothing 
but the truth so be God yes I do   thank you name and address please Shirley po I 
live at 205 Southeast kalas Road in Navy point   and I'm also a pickle ball player I play three 
times a week and I love it so being against the   court itself is not something I would be against 
but I am against it being in this development the   people that originally developed our community 
uh made all kinds of uh as it's been said we   have that and it's about a threemile walk around 
that's totally concreted uh you can bicycle you   can walk your dogs you can walk the Triangle Park 
the playground we've got enough because I oh and I   forgot to tell you I'm a realtor so I'm speaking 
today more about property values than the noise   level that they've talked about um and then I 
got myself off um but we do have the triangle   Park that we have a lot of community things I 
believe as it's been said that this uh pickle ball   court is not necessary for marketing we already 
have that and it doesn't cost the developer a   penny the Count's been very good and very gracious 
to our neighborhood uh there's going to be more   people more cars more noise more children uh 
with 60 Town Homes you've got those people those   uh members maybe children whatever and they have 
friends and the friends are going to come over and   they're going to be able to enjoy our community 
our uh concrete walkways the water there's not   a house built on the water as it is over in our 
beaches that have happened all of them are across   the street so that anyone in the community that 
wants to walk along there and use the facilities   can enjoy that water we do have very many pickle 
ball courts in schia County uh some are by fee   others are by a very little fee and then there's a 
lot that are free I particularly play at a church   gym it's a Catholic Church I'm Baptist they're so 
good to all of us that go in there and play and I   don't have to pay to play I am concerned about the 
two feet from the fence uh pickle ball although   it's not dangerous there are uh incidences when 
you fall I fell last Saturday uh if you're two   feet from a fence you're it's it's dangerous 
and if you have anyone that uh is a younger   person in there they're not going to be thinking 
about the safety as much as someone that is of my age the one with said her only complaint out in 
the proo area was for more courts I uh raised   the question was that from the residents 
that can enjoy the pickle ball courts or   were the neighbors surrounding wanting more 
courts thank you ma'am you're welcome thank you Melissa Pino please raise your right hand do you solist 
ran airm the testimony you're about to give we   the truth the whole truth and nothing but the 
truth so be God I do thank you name and address   uh Melissa 413 Southeast boblet uh thank you 
chairman Godwin it's been a really long time   since I've been be in front of your board it 
was beach access 4 many many moons ago I think   Mr Godwin and and Mr Smith are the only people 
left from from um what was quite possibly the   only other thing that was as equally ridiculous as 
I've ever seen having to come for conditional use   on bxs 4 is this being asked for for conditional 
use and what I want to highlight is you've heard   all of my neighbors we're not dumb okay nobody is 
saying we don't want this and waving pitchforks   what we are saying is Staff has demonstrated that 
this is not a legal or uh desirable condition   use on this property and Mr geesi is so nice 
um Kevin and I met him at the prea back when   people were allowed to go to pre Ops and I would 
like to think that we tried to do you some good   service Mr geesi and telling you that ECA was 
selling you a bill of goods and unfortunately I   think you guys found that out we aren't the only 
ones this neighborhood has operated in nothing   but good faith with this developer who has done 
nothing but wage a legal War of Attrition on this   County on this on this uh neighborhood right now 
this isn't the only other thing going on I have   Clark Partington will dunway and and Meredith uh 
Bush retained on the Alleyways because they won't   stop trying to encroach on these Alleyways and 
you heard oh is this a back door and to finally   getting the vacation into that Northern portion of 
the alley just discovered they've got a corate at   pipe coming right into the middle of that County 
alley on the southwest corner that looks like it's   going to be draining their pop off Pond right into 
a public alley that I had to hire an attorney to   demonstrate that their survey was wrong and go 
down to the BCC meeting I think it played out   over three different meetings and you all probably 
wouldn't be aware of that simply trying to retain   our alleys in Navy point no one has fought this 
development even though those of us that have   some knowledge of how these things work 
realized they were never going to be able   to Market and it's not 60 I think it's 66 luxury 
town homes with the the the direction the market   was going and everything else why should 
the neighborhood be punished because they   can't get their development marketed look ma no 
basketball courts because the other thing that   they're dealing with is a rumor And I stress 
rumor going around that Forest Creek is going   to dump out into this neighborhood and I 
have dispelled that rumor with everyone   that's brought it to me to Mr Gunderson I would 
also say thank you for bringing up the Triangle   Park no one was saying it was going to be put 
there what we're saying is uh Mr Godwin are you   all still um allowing people to share minutes no 
ma'am the bo doesn't do okay I'll just finish by   saying people were saying that it was a slippery 
slope towards recreational facilities in that   Park please take follow staff's recommendation 
thank you thank you ma'am and last we have Kevin Wade please raise your hand you Solly 
SW affirm the testimony you're about to   give will be the truth the whole truth 
and nothing but the truth I'll be God   I do thank you name and address 
please Kevin Wade 413 Southeast boets to continue on with the war of attrition and 
the war against the neighborhood is and and the   amazing ability of staff to constantly take the 
blows that are handed down over and over and over   again I walk these alleys around plus Landing um 
I did not know that you own this uh some of these   properties there were two vacancies of Alleyways 
that the county had wrong on its own Maps over and   over again when we requested documentation of 
those we were told doesn't exist because those   aren't the nomenclature for a vacation of alleys 
and then it happened again and it came back and   at one point staff met with Melissa and I out 
at this property and we were told okay what you   have here is right of way so even if that vacation 
happens there's still the alley the alley doesn't   disappear there is a right of way so you'll still 
be able to walk that alley to get from one end of   the park to the other I walk dog multiple times 
a day through this property or not through the   property but around in the alleys well the 
building of this has made it so the alleys   have been impassible over and over and over again 
um uh I'm not calling in complaining at one point   a principal of plus Landing accused Melissa and 
I of numerous calls to D EPA numerous authorities   busting them for illegal practices not the case 
um but trying to Melissa actually paid money to an   attorney will done away to open a dialogue because 
when we spoke with Mr geesi uh at the preap um we   explained and he he he said well you know I I I 
understand and maybe we can do something really   amazing with those alleys um right now the alleys 
have telephone poles that are in in the right of   way and it's it's just crazy it it's it's not nice 
it hasn't been you know it hasn't been uh marched   to being conducive with the neighborhood and not 
fostering AG grieved parties the 80 90 Deb of a   lawn mower that's a horrible straw man argument 
I can tell you blocks away who's mowing their lawn you know um and thank 
you Mr way and they put up a   keeping us from going down that street saying 
no trespassing that I would love to see entered   into evidence thank you sir that kept us from 
seeing the boa signs that had been put up those   are your signs they kept us from seeing those 
signs with no trespassing signs we appreciate   it thank you Mr way now at this point if there 
is anyone who has not spoken if you've spoken   before then uh the time has come uh you've 
uh been able to exercise your opportunity   but if there's anyone who has not spoken who 
would like to speak now would be your time man ma'am uh did you fill out a blue S I did 
I was one of the first ones a blue slip okay   well it must be in our pile here somewhere I 
must have missed you I apologize please give us   be sworn and give us your name and address do you 
sol me ran air the testimony you're about to give   will be the truth the whole truth and nothing 
but the truth s you God I will thank you state   your name and address my name is Ronda Eubanks 
I live at 111 Northwest gilland uh I have been   there for 20 years as a resident in District 
I am here to address the board and thank you   for allowing us to do so pickle ball is a new and 
growing sport where a plastic ball hits against a   wood Mallet or paddle okay um the pitch and 
frequency is an annoying repetitive noise   which C can cause an auditory uh irritation 
that affects your health and well-being even sanity neighbors and uh will not be able to 
enjoy peace and quiet while relaxing in their   backyards not being able to open their 
Windows enjoying the beautiful weather   um and not only speaking of the pickle 
ball noise will be also the screaming   and laughing of the people playing I personally 
have gone this last week to several pickle ball   courts and recorded the noises um we are not 
wishing to have the pickle ball court built in   our neighborhood we should not have to give up 
our peace and quiet and we uh would appreciate   if you would vote no on this agenda thank you 
thank you ma'am I believe that's everyone that has   signed up or has uh to speak has been offered the 
opportunity we now turn to the board deliberations   and at this point board are there any questions 
that we need either uh to the staff or   to Mr gishi Mr chairman yes I have no further 
um questions um but I'm I'm ready to make a   motion U when if it's appropriate uh all right 
uh is there any other comment at this point is   that a motion no sir not yet he's he's just 
getting primed uh uh would you uh is there   any other comments from any other board members 
before we uh decide this matter seeing none I   believe Willie you wanted to make a motion yes 
sir um I would like to State before I make this   motion that um I believe that our children and 
our community they need they do need more um   positive things um to do um they do need outside 
activities and less time on Nintendo or whatever   they play these days and U more time outside 
exercising but um at this time I would like to   make a motion um to deny according to um staff's 
findings um because um rules are made to be um there rules are put in place for certain 
reasons and um you know when this particular   situation um we must abide by the law and vote 
the right way and I would like to make a motion to   deny it according to staff's findings at this time 
if I understand the uh motion before us regarding   Cu 20248 uh I believe that uh you've indicated 
that you wish to adopt the staff's findings of   fact as presented by the staff yes sir right 
that's correct yes sir do I have a second we   we have a second from Mr Smith before we vote is 
there any final comments I will say that this is   just in my [Music] opinion uh a badly placed idea 
uh we enjoy pickle ball I'm sure but the location   geographically and where it is is just not 
compatible with uh the surrounding neighborhood I   I just can't support it uh and when we talk about 
building walls and all this sort of thing it just   becomes a more involved in in my mind not really 
uh fruitful Endeavor so with that everyone uh   what is I could Now call for a vote uh on I just I 
seconded the motion I I just want to clarify that   the motion was that the board accepts the staff's 
findings of fact and denies the conditional use   that's correct that's my understanding is that 
everyone else's understanding that's correct given   that all those in favor of the uh motion as stated 
uh restated by Mr Smith please raise your right hand let the record reflect that this motion was 
carried unanimously thank you ladies and gentlemen   for coming we thank Mr gei for presenting uh his 
case uh and uh I believe that will conclude this   particular hearing what uh what is on deck for 
next next time I actually do not have any cases   scheduled for next month um so we'll give it a 
little bit more time and I may send a cancellation   notice all right well I I'd like to take this 
moment just to thank the board and uh I appreciate   the opportunity to have chair uh for you and uh 
I wish everybody well and especially the staff   uh Andrew and Miss Rachel and Mr Jones and all the 
compatriots so having said that this meeting is a turn thank you thank you thank you