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Uh good evening and welcome to the Thursday, June 11th, 2026 uh meeting of the Indian River County um planning and zoning commission. I'll call this meeting to order and we'll begin with the pledge of allegiance, please.

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I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. >> Thank you. Uh any additions or deletions to the agenda?

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>> No, sir. >> Uh no additions or deletions. Uh, first order of business is the approval of the May 14th, 2026 minutes. >> Motion to approve. >> Second. >> Second. >> All in favor? I >> opposed. Uh, minutes are approved. Uh,

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we have one agenda item. Um uh tonight it is a public hearing and it is uh Westside Racket Club and this is a request for a site plan and special exemption use approval to construct and

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operate a Racket Club facility. Westside Racket Club LLC is the applicant. MBV Engineering Incorporated the agent zoning is RS3 residential single family up to three units per acre. Land use designation is L2 low density

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residential two up to six units per acre. Um are there any uh declarations of expart communication and can you um evaluate this with an open mind on the right? >> No and yes. >> No and yes. >> So so I don't have a vote. However, I do

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live there so I will be speaking to it. >> No, you can't. >> Good enough. Uh left any? >> No and yes. >> Yes. >> All right. Very very good. Um uh we'll um swear in uh anyone who would like to speak on this, please stand and be sworn

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in. >> Do you swear affirm to tell the truth, the whole truth, and nothing but the truth? >> I do. >> Thank you. Um staff presentation. [clears throat] >> Thank you, Mr. Chair. For the record, Ryan Sweeney, assistant plane development services director. I just want to make two quick comments before

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Kelly does her uh presentation. one. Um I wasn't here at the last meeting, but I understand the issue with the LLC. Um it has been fully reinstated and staff confirmed that. Um also, uh mentioning the previous hearing, um that that hearing, and Susan can back me up on

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this, um was ultimately kind of deemed null and void. So you have to base your decision on tonight's evidence and and uh u testimony. >> Y Thank you. >> Uh with that, Kelly, go ahead. Okay,

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good evening members of the board. Uh before you today is Westside Racket Club's request for special exception use and site plan approval for expanding the existing facility and then also restoring and providing additional enhancements. These special exception use will cover

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all four phases. However, only phase one is included in the site plan approval request before you. All subsequent phases will require a separate site plan approval. The site is located south of Fifth Street Southwest and it is located east

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of 43rd Avenue Southwest. The property is approximately 6.89 acres and is zoned RS3. Based on the current aerial, you can see that there are improvements. There's the existing clubhouse and the

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existing tennis courts. This is the phasing plan. Phase one is everything in white. That will include the restoration of the existing eight tennis courts, construction of four new paddle courts, and the associated

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improvements like utility, storm water, parking, and landscaping. Phase two is the light green. It's going to restore the approximately 2400 square foot clubhouse and the construction of two additional paddle courts. Phase three is the pink. It's going to

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be the addition of the what they consider the clubhouse amenity, which is the pool, and four additional pickle ball courts. Phase four is the light blue. It's going to be the construction of two additional tennis courts. This is phase one, just to show you

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without all of the different phases and color. The traffic circulation right now will be via a twoway full driveway access off of fifth place southwest on the western project boundary.

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Currently there's going to be a large storm water pond that's on the south part of the property and there will be um as I indicate here swells that drain into that from the parking area. The landscape plan includes a 30foot

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type B buffer around the north, the east, and the south perimeter. There's a 20 foot thoroughfare plan buffer road that is along 43rd Avenue Southwest on the western air project area. The site will also include foundational

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plannings, interior parking area improvements, and non-vehicular area landscaping as well. Improvements and other conditions. [clears throat] Tennis clubs in the RS3 zoning district must adhere to the specific land

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criteria in 971.40 subsection 9 of the county's land development regulations. The proposed plan in complies with all five of the criteria listed in the code section for site criteria, the building setbacks,

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lighting, landscape buffer, and the parking. Staff was required to publish a legal advertisement in the paper and we also sent out mail to the surrounding property owners that were located within 300 ft of the proposed project.

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As discussed, they have a typeB 30 foot landscape buffer that is on all the perimeters with the exception of the 20 foot thoroughfare buffer that is on the western project boundary. staff recommends that the PCC recommend

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that the BCC grant special exception use and approval and that PCC grant phase one site approval subject to the BCC approval of the special exception use for the Westside Racket Club with the conditions listed in the staff report. Those are installing all buffer and

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landscape improvements, installing all light improvements, and installing the site infrastructure improvements as well. That's all I have. Do you have any questions for staff? >> Thank you, Kelly. Um, any staff question? Any questions for staff on

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commissioners on the right? >> What are the lighting improvements? Specifically, >> they are going to have interior sight lighting. Uh, it's kind of hard to see, but they look like the little sunburst between the courts. >> I was going to go to Yeah. Um,

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Mr. Chair, Mr. Campbell. Yeah, it it is kind of hard to make out, but they're they're kind of Yeah, like a sunburst symbol. And they're between either between the courts or around the perimeter of the courts as well as the parking area. >> Okay. >> And for what it's worth, our our current code does require that light all sight

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lighting be directed directly down 90 degrees to the road and not spill onto the adjacent properties. And um the current the newer lighting has gotten a lot better at being able to do that without spill. So that was going to be one of my questions is the lighting is going to be

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directed down >> correct directed 90 perpendicular to the ground and the new LED lighting which is the cost effective lighting does that >> and then I guess the time of the lighting when it goes off. >> Um so generally um for the courts they I

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would I would I can't speak for the applicant but those would turn off you know after you know hours of operation. The parking lot lighting can be reduced but not completely eliminated just in case. Um but that would be reduced. >> What's the ordinance say for lights like that? Is there one

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>> there? There's no specific requirement. I we I will mention since it'll probably come up um that you all are allowed to suggest. I would say general additional conditions that lighting and possibly noise if it comes up, mitigation measures be put into place per phase. Um

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so we can assess that per each phase. >> Yeah, Ryan, I have a question on that. Are are those courts specifically controlled by court so that not all of the lights are on at one time until it closes or you know would that be per court because that would absolutely

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limit the light leak um into residential areas that surround this um and if that were the case then then I could buy into that a little better than just all the court lights are on no matter what without control. >> Right. I I I can't I can't answer that

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in with a definite. However, I I mean, having been at tennis courts at night, they usually are per court or per area, so to speak. But the applicant is here. >> Applicant can address that. Thank you, sir. >> Wait a minute. Terry, you'll stick with Terry. >> No, >> wait, wait. Stop.

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>> Apologize. [laughter] >> Terry, please finish. >> Thank you. So, uh, you have phase one up and I'm assuming since this is black and white that it's the dark areas. >> Uh, that is correct. It's the existing courts as well as the If you look at the bottom, if you hit hit it with your

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cursor there, Kelly, there are four new Padel [clears throat] courts at the south side. >> Right. How about in the top right? >> Top right would that's in phase >> phase three >> three or four. >> Okay. I want to make sure because I want to talk to that one too. Okay. >> Um the pickle ball courts, those are

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phase >> three. Three >> and those are in the upper the northwest corner. >> So we have time still until that phase is approved. >> Correct. And and again we each even if the special exception use approval is granted for the overall each phase is going to have its own site plan and at

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that time is when staff and depending on I I doubt it would rise to the level of coming back here based on impervious but we'll be able to assess specific lighting and noise mitigation measures per each phase. >> And um what is the um I have Dick Bird's

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letter here that he sent um the noise levels. So, what is the the county um o ordinance about that? >> I mean, that's just a that's a countywide uniform ordinance. Um so, they can't exceed that. Uh however,

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again, and I I'll defer to Susan if she thinks otherwise, but again, you all are allowed to impose additional noise specific conditions because this is a special exception. My my only concern is that because phase three is not planned, we don't know the

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specifics. What I will say is the landscape buffer will come with phase one which will serve as as a and the fence. Um but pickle ball specifically there is now relatively new uh technology where they can wrap the

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entire court and it's I mean I've seen in High Point uh in a new subdivision where they're 10 feet away from a home and >> no complaints. So it's Yeah. And it's pretty relatively cost feasible as well. >> Okay. because I play pickle ball and

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there's no way it sounds like that, >> right? No, I know. I mean, I I know where it's not mitigated, it's it's loud, but there's definitely measures that can be put into place now. >> Okay. Um I guess um at the last meeting, which I couldn't attend because we had graduation that night, um um Mr. Bird

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came and spoke and he mentioned that the pickle ball courts could they be moved in their plan and that would have to take place during phase one of this because the suggestion was to move them on the other side of the parking lot or towards away from homes.

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>> So away from his home. So the difficulty is that is that >> well it would also be away from the home next door but also if they flipped them and moved them to the other side it would be behind another neighbor's home. Right. the the suggestion was near 43rd

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and that would have to take place during phase one because phase one is building the parking lot. >> Again, it the staff only has a certain level of authority to to make design suggestions. However, the the applicant is here and

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it's something you all can discuss, >> right? I guess this is for the applicant, but I will say we're excited about the tennis court facility. I am personally and so is Dick. We just want to make sure that the noise level is going to be under control and the amount of traffic. >> Yes. >> Yeah. >> I think the acoustic mit mitigation

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efforts would be the better way to go about that. >> Absolutely. Yeah. Um the other thing I do want to clarify in the staff report is that the traffic section in particular is based on phase one only. So we will continue to look at the traffic with each phase as well. And

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there may be a point in time where uh a threshold is tripped. Um, but for phase one, the traffic section is specific just to that phase, just to be clear. >> So, Ryan, I just want to clarify something. Um, because after the discussion that you've had back and forth, Miss um, Miss Bernenberg down

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there, um, when you say that this is just particular to phase one, so what you're saying today is that the board is approving phase one. Um, but they're also approving the special exception, sorry, the special exception use as well.

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Correct. >> Correct. That is correct. So if you if you all grant special exception, you recommend approval, the board has the final 30 to grant it. You would be approving the full gamut of the intensity, meaning the six paddle courts, the four pickle ball, and the

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I'm shooting from the hip 10 tennis courts, the pool. You're you're approving all that in a use. However, you're only approving the specific design of phase one. and the courts and subsequent parking and things that go with each one of those at a more defined level come with each subsequent site

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plan. >> Ryan, Susan, I do have a question in relation to that. In your presentation, you mentioned paddle courts were phase one, >> correct? >> Now, we know pickle ball's phase three. Define paddle courts. >> Yeah. Well,

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>> what is that? That's that's obviously not a tennis court. the the best way to describe it, it's a relatively new sport, at least here in the States, but it's like outdoor squash, if that makes sense. It's it's semi-walled, uh, smaller tennis court. the ball is less

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inflated and you can play it off the wall, but it's not it's not nearly as as >> noisy as as >> to piggy back on your your comment, Terry, let's assume I know you said the first

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meeting was null and void, >> but let's assume that somebody did recommend moving the pickle ball courts to 43rd. Do we as a board have the authority

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to make that recommendation or are we just approving or denying phase one as as planned? >> Uh if we can can we approve with conditions or hey here's the plan

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approve or reject. So this is where it gets a bit icky because Ryan only phase one comes to this board. Correct? None of the other phases come to this board. Everything else is staff level after this for the phases. >> Correct. Assuming I'm assuming based on impervious. Yes.

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>> So So as Ryan said, you get to approve or deny or approve with extra conditions the overall use. Not necessarily for example the placement, >> the plan. >> Yeah. So, but you get to approve essentially the overall use. However,

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you are able to make some um >> some >> how can I say some reasonable >> um >> safeguards. >> Yeah. Safety uh recommendations. For example, I know that our the code specifically says that um the required finding by this board is a reviewing

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board. Um, it says, "Before any application regarding a special exception use shall be approved, the reviewing body shall make a finding that is empowered under the provisions of this chapter to review the specific use applied for and that the granting of the

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special exception will not adversely affect the public interest. The reviewing body shall also make findings certifying that both the general and specific criteria for the review of special exceptions have been satisfied at the addic and that adequate special

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conditions have been imposed to ensure compatibility between the special exception use and surrounding land uses with regard but not limited to and it lists I think it's A to >> I'm sorry >> it's A through

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>> A to G. So that's you are like I said you are allowed to ask for special conditions because they are asking for in essence a they are asking for a special treatment for this particular area because it seems I understand that the use was there before but because

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they're enlarging it it's what requires them to come back to have this here and those special the things that you can look at are ingress and eress to property proposed structures there on with particular reference to automotive and pedestrian safety, convenience,

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traffic flow and control and access in case of fire catastrophe, off- streetet parking and loading areas where required with particular attention to the items. Um, economic noise, glare or odor effects of the special exception

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on adjoining properties and properties generally in the district. utilities, um, availability and compatibility, screening and buffering. Um, with regards to type and dimensions, signs, proposed exterior lighting, like we

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talked about, um, with reference to glare, traffic safety, economic effects, and compatibility and harmony with the properties in the district, required yards and other space, and any special requirements set forth in the zoning district regulations for the particular

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use involved. So you are, like I said, you are allowed to look at those kind of items and set special conditions based within those parameters if that's what you choose to do. >> Would an would an appropriate special condition be to consult an acoustical acoustic engineer to develop sound

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mitigation? um >> cuz even I'm not you know we're not qualified where and how to um apply additional noise and lighting mitigation up to and including acoustical materials

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andor andor um relocating the courts. Um that that is an option. Um but I you got to trust staff a little bit. You got to let us work within the bounds of what we can work with. >> Yeah. I think relocating the pickle ball courts would be a lot

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>> up to up to and including we don't want to we don't want to necessarily go that route. Yeah. Again, I think between now and I don't know how long, you know, of course they they hope they're successful. I don't know how long phase three might be before they're online. And >> um again, [clears throat] this this

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technologies only come online just fairly soon. >> Perhaps it would be a good idea as well as I mean it seems we've had staff's presentation. I know that the applicants engineers here, I don't know if maybe they might be able to answer more questions >> about some of the items that you all

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have concerns about. That might be a good way to go about that where perhaps staff may not have all those answers. And if you do have that may either quell a concern or it may spark an idea that you can then see if we can have addressed. And then obviously we still

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have public comment, but at least if we started with if the applicant has anything to add, we can at least start with that. >> Let's um get the commissioner questions. The staff for done first, then we'll do the applicant. >> Okay. Thank you. [clears throat] >> Terry, were you done? >> Um the only other thing I was going to

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ask is about the Padell courts. Were there going to be um are they in the existing hitting bay area that's like that big concrete wall that people practice hitting against? I mean, as far as I can tell, it's just sort of an open green space right now is

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where the So, if you're looking at the aerial, see where the where it says subject site? >> Yeah. >> Sort of generally to the right of there is where the courts will be located. So, if I see the black spaces now, >> oh, that's where they are. >> Yeah, they're going to be at the southeast corner of the overall site. >> I don't know what the sound is on those.

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>> I again, they're they're partially enclosed with a wall. There's like picture two C's. So, those would be at the ends of the courts. There is a small there is an opening in the middle. Um, however, like I said, it's it's like a a depressurized ball. It's not a and and

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the racket is a string racket. So, it's not like a the sound from the pickle ball is the the racket itself. So, and the ball's plastic. So, >> are those courts like the one at Memorial Island? >> No. The only paddle courts in the county that I'm aware of are at um >> Boulevard.

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>> The Boulevard Tennis Club. Yeah, >> I've seen them. It's >> They're not as loud as pickle ball. >> It's a hybrid of like >> squash and um >> raetball like the old out outdoor raetball courts. >> What? >> Anyone else on the right here? >> One more. What is the decibel level

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allowed at the property line by code? >> I'll have to um go to the code. Uh so just bear with me one second. And >> um I How about Can we circle back to you? >> Yes. >> Okay. While you're doing that, uh on the

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left questions, Mark, >> um yes, I I should state that I know absolutely nothing about pickle ball and I haven't observed it from less than 100 yards probably. [cough] But I did learn

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at our last meeting, which I'm supposed to ignore, that there are technologies to reduce the sound. Um, and uh, everybody seems satisfied with that, but I never heard the applicant agree to

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utilizing those technologies. >> We haven't told >> Thank you, Mr. Chair and Mr. M. I don't think we got to that point with the last hearing. So, we will afford the applicant to say yay or nay to to that condition >> and I suppose there's different levels as well with different technologies.

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>> Yeah. Again, I think I the applicant is you all are able to suggest recommend whatever level of conditions you see fit whether or not they agree to them that you know that ultimately will probably get hashed out at the board level but try to strike a a

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balance so we're all in agreement moving forward. >> Thank you. I'm also curious as to uh if it's appropriate what the explanation was for the LLC dissolving and then

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resolving so quickly. >> Honestly, it was just an administrative they they didn't renew by accident. They were actually they they were reinstated that that night. It's >> just a flatout it timed out. They weren't aware of it. They reinstated it

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immediately. >> Okay. Thank you. All right, I'm good. >> All right, so uh all the commissioners have had a chance to question staff. I think there are a bunch of questions for applicants. So if we could get the applicant. >> I've got one, Dr. Day.

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>> Oh, you for staff. >> For staff. >> All right, >> Kelly, the storm water retention pond. If you could put that back up. >> I'm sorry. >> I'm trying to figure if it's We don't You need to worry about that code, right? >> There you go. Uh there is

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>> is this is this the type of pond that's got water in it all the time or is it just a dry >> and and again that'll be for the applicant. That's fine. I'm trying to figure out where the pond is compared to where the houses are. Are the houses

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going to be on the other side of the pond? >> They're directly in front of it because this basically goes to the boundary and then the house is butt up along the south perimeter of that. So the pickle ball courts are the courts we're talking about down at the base of that. >> So yeah, two two different things.

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Sorry. So the pond is in the blue, right? And it is dry. >> Okay. It is dry. >> Those are that's along the south property line. So there are homes south of the >> Okay. >> The club. So there and that's their backyard, right? >> Yes, sir. >> Okay. Okay. >> And then the pickle ball courtes are on

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the north side. So some houses will back up to courts, pickle ball and tennis. the other homes on the south side will back up to the the dry pond. >> Got it. >> But all all three sides have that 30 foot buffer. And uh Mr. Campbell to your

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point um here are the uh decibel levels for nighttime. This uh which is for residential. So 65 60 and 55 mean. So >> Oh, okay. >> And there's three different uh levels of basically uh 10% and 50% of the

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15-minute window. >> Yeah. And that and that would be measured at the property line. Correct. >> Right. I will I I will say admittedly one of the challenges is that it's supposed to be sustained. So the problem is the the the click clack of the of the paddle is is not a sustained decibel

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reading. But yes, we we you could take readings at the at the property line. Correct. Not at the court. >> Okay. >> And 65 is equivalent to what >> about a normal conversation? >> Yeah, I would agree. >> We're 65 right now.

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>> Yes. uh with with the um speakers. Yes. >> What kind of uh backyard setback do the uh homes have? >> The minimum for the home is 25 ft. These are larger lots, so I I I would assume they're probably set back further, but

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the pools can be as little as 10 feet from the rear. Um I don't know if we pick up the houses on the aerial. I >> didn't see them on the aerial. Maybe they have >> uh Oh, yeah. So the the homes are I mean they're considerably further I mean

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they're probably closer to between 75 50 to 75 ft away from their respective property line. Um so I mean again these are larger lots. >> Okay. And it's dry retention so you don't get the the noise traveling across

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water. >> Correct. >> Except unusual circumstances. >> Yes. So if there's no more questions of staff, we'll we'll let the applicant speak first uh in the public hearing and then the the public as well and then we can >> then I'll open the public hearing um and

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then uh we'll do the applicant first and we'll start with Robert with your question to the applicant. >> Good evening commission. My name is Ryan McClean with MBV Engineering. Uh we are the applicant for the project. Um, I charted some notes as far as questions.

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Um, but remind me of your uh question, sir. >> My question was the uh fact that the lights would be just on as a general for all of the courts or whether they would be on individual court timers and switches so that it would minimize the light leak and those kinds of things

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during that time that they're in play at night. >> Yeah. The the lighting would be optimized for only the courts in play. So, they would turn off the facilities that aren't in there. Obviously, it's a functional club. They're looking to save money of course in operations as often as possible. Um and the and the the courts as the the courts just I mean the

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courts currently had lights prior to our development as well and they are closer than we're proposing as far as uh going forward. So um yeah individually lights individually lights to be controlled um when I walk down the list of questions uh lighting timeline as far as lighting

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per night. I mean realistically there's not defined as far as the business model. I don't always get into the nuts and bolts and sometimes when they functionally I would I would say realistically for the for the nature of this discussion probably the max would be probably like 9 or 10 p.m. at the late end. And I'm not to offer that above and beyond any ordinance that

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would require it to be less than that. I'm only just projecting as in a situation if there was some sort of event that required that. That's where I would imagine it would be. Um the relocation of the pickle ball courts I feel like is largely generated by Mr. Bird's comments as well. Um associated

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with noise, right? It's not about light, it's about the saturation of pickle ball. Obviously, it sounds like good luck trying to build a pickleball court in this county going forward. But that being said, um this facility would comply would offer to comply of course with all noise ordinances. Um very interested in the sound deadening approach uh mentality before we went at

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relocating this only because it then drives some site plan changes and obviously our site improvements are contingent on phase one. So we would like to my proposal would be to keep the courts where they are but then work within of course to meet all county construction constraints with noise ordinance and then we can talk about uh

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additional requirements at the time of phase three development. >> And and would that noise uh reduction be something that would be presented at the time that that phase is being proposed in front of us? Ryan, >> correct? But the only just the only

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caveat is it may not be you all. It may be staff that's the one that's making that call. But absolutely, we would still, you know, it would it would be would be a back and forth between us. >> Yeah. Staff told us that >> Susan would at this point in time, I'm not sure that we can add that to this particular proposal or this particular

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application at this time or >> so what you can do is not necessarily per phase, but as far as the special exception use approval, you are allowed to put conditions on the overall approval. So, it wouldn't be something specific to a certain phase. It would

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basically be to all the phases. So if you wanted to I don't know say have them follow the ordinance for the noise for all fa whatever the condition is. I'm just throwing out an example and an ordinance follow ordinance for the noise for all phases. You would ask for that

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condition now um and base your special exception approval contingent upon that condition. Does that make sense? >> And that would be made as a motion. >> Yes, that would be made as a motion. So that way it sits um it sits and it's there. So when staff comes back well

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when the applicant comes back for the subsequent phases they have to meet that condition because it's part of the special exception approval. >> So two things one it would be in addition to staff's currently recommended conditions that you would be suggesting an additional condition again something to the tune of provide

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additional noise and and lighting uh mitigation per each subsequent phase. Um, [laughter] the other thing is just to be clear that this is a recommendation. It ultimately would need to be held up by the board, but it it actually will empower staff to go over

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and above certain minimums. So, not that we're going to go crazy with it, but at least we can say, "Hey, this is what you all were approved for. This we got to hold up our end of the bargain." Yeah, Ryan, I know there are um you know the panels that hang over the fences like acoustical panacle panels um acoustic uh

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paddles themselves that have like noise dampening and the balls. Should we could we just make a general statement or recommendation? Consult a third party specialist in pickle ball uh noise mitigation and take reasonable efforts to mitigate noise.

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>> Yeah, that's I mean again that's where we're >> yeah where we're heading. Yeah. And S Susan, would you guide the uh commission here on an appropriate uh motion at this time or at that time that we so make one? >> Yes. >> At the time that you so make one, I will

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try to guide what each of your recommendations [clears throat] are so we can make them one conclusive recommendation. >> I I don't see where we need a motion to ask them to comply with all regulations. >> This is over and this would be over and above. >> These would be above and beyond Mark.

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>> Oh, okay. Can can I make a comment about that >> existing regulations? >> So over and above what the ordinance say that you just showed us before what the acoustics levels should be that are acceptable. >> So again I want to clarify that the the

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>> I know the noise the noise ordinance is uniform across the county. Um so this will allow staff to consider additional noise mitigation. Um, but I don't necessarily want to tie it specifically. That noise ordinance is pretty pretty

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much in a box. This will allow staff and the applicant to work to make sure that there if there are other measures needed that we can work out those measures. >> I got a simple question, Terry. How and I don't know how long you've lived out there. >> Um, since 1988 >> because this has been a booming at one

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point in time a booming. >> It was when I moved there. I moved there because of the tennis court. Was there any issues then with noise and complaint? Okay. >> No, because they were far enough away from all the houses. They were in the middle >> as they still are except >> and we didn't have pickle ball,

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>> right? >> Which I >> that's the biggest concern I think. >> Yeah. >> Okay. And to me, it sounds like the applicant is u very willing to take this into consideration as he has testified today and that uh I'm

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>> uh Ryan >> his his reputation is is excellent and um so you know I have a tendency to believe that they will do that. Um at least that's how I feel for the for the >> and I think staff knows that too. Yeah. And so

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>> have you uh finished your list of questions? Have you finished? >> Um no, it was mostly on noise. You obviously identified where Podell is and what Podell is um as well. Um I think it was about lighting and noise. Was there any else there, Terry? Did I miss anything?

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>> Yeah, there was. Um the storm water pond. >> Oh. So >> So are you going to have fencing around that? >> No. >> But fencing around the whole >> Yeah. Oh, the whole site is fenced. Yes. But not >> the entire site. So I won't be able to walk from my house back to go to the course. >> Well, the developers are looking at the

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idea of that about ultimately putting in access gates. We haven't like worked all that out, but I don't work with that, but we'll figure that out. But the idea would be that if you were a member or however they will work that piece out, but they're still fine-tuning that. But that's been a big push as far as there. But no, per staff requirement, we had to

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fence the entire facility. >> Thank you. Because um when it fills with water, then it's a safety hazard for children. So, >> right. So ultimately the main reason and the development staff not wanting to build a wet pond. That's why it's such a large dry pond because you really you know you live there you don't have much of a storm water system in your neighborhood and this facility had zero.

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So this is a ground this is basically we're kind of rock and hard place in development when it comes to this. >> Um the other concern and that has not been brought up yet and I'm sure somebody would like to speak to that but um our roads were supposed to be upgraded I think within the last year

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and that got put back. Um there's a a big concern that that needs to be done with the fact that you're having so much traffic and you may think it's only that one street um that needs that. However, a lot of people miss turn the turn and come down and turn around on my my

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driveway and then go back. My driveway is eaten up. >> So So road So you're already on the road and bridges. They're just going to Are they just going to overlay it? You already have it on that? >> I don't know when that's >> I can't speak to that [laughter] >> cuz I want to get on that list. Yeah, that got put back. So, I just would like

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to know when that's going to happen. And, you know, I'm glad you're having this dry water pond even though I'm a little concerned about how big it is >> because our canals have not been cleaned out in a long time. And so, that's a concern for flooding for the area. >> Yeah, this this facility is um so we

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take all we're taking all the the storm water that's currently on site plus all the new improvements and it's a direct discharge to the 43rd AB lateral canal. So, it's direct direct to the farms. >> Thank you. That I think that's all I had. Okay. >> Any other questions for the applicant on the right here? >> Any other questions for the applicant on

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the left? >> Dr. J. Go ahead. >> Have you given any thought to acoustic mitigation efforts? Done some research on what might work for the pickle ball courts? >> So, above and beyond the truth answer is no. I haven't gone into great detail on it. It's only recently obviously if you

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if you've done some research, you [snorts] can see how it's in Florida. It's progressed across the you've seen different court cases and things like that. So, we've done some research into it. Obviously, none of that's built into this plan. Uh, and of course, listen to the PNZ components as from last. So, completely understand the public as well

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as the commission's concerns. Um, but realistically feeling very feeling very uh optimistic about some of the products we've seen and I have seen that I've worked with the individuals with GHO and uh the other home builders as well looking at different options. I just haven't physically seen them and touched

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them in person. >> Okay. This is a public hearing. So, if anybody from the public would like to speak on this, uh, choose a microphone, name and address, and let us know what your concerns are. >> Dr. Day, real quick, as she's coming up,

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um, to Mr. Vot's point about sort of imposing these conditions. I the special exception use approval if granted does run with the land. So, if the ownership changes and the ne the next group can't come back and say, "Oh, we didn't agree to." So, I just wanted to drive that point home.

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>> Yep. Okay. Yeah, I was aware of that. [clears throat] >> Um, Darby Stevens, 4286 Lane Southwest. Um, you said the whole property will be fenced, the entire thing. Is it a privacy fence? >> No, it's a

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black, sorry, bin black, like a black chain link, but built into the back side of a 30 foot. Um, so that is pretty much um one of my only I have two concerns. Um, the bedell

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ball noise um from the research that I've done and it's Google so please don't quote me. It's um it can range anywhere from 70 to 100 dB. And the way that they have the courts

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planned right now is they are literally in everyone's backyard. And I do not know the difference between Pedell um decibb compared to pickle ball. Um I know pickle ball is also loud. Um that is my one concern for the pedell courts.

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Um the other concern I have is the vehicle headlights into my backyard. [clears throat] um the standard type B landscape and even with a chain link fence um that will

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still I'll still have headlights from the members in my kitchen. Um one of the things that I do ask for this is um a privacy fence running along the whole southern border, not chain link.

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whereas um and I think that would help with the noise also. So, right on the property line, I would ask that you guys consider um doing a privacy fence and not a chain link. >> That's it. Thank you. >> Thank you. >> Thank you,

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>> Ryan. Will headlights uh penetrate the landscape fence? >> Landscape suffer? >> Divis Kuso won't >> debatable. I I mean it's um certainly a private PVC fence would help, but I

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>> I again that's something that if if they were going to do that, they maybe would only just do it just along the perimeter of the parking lot. So because that big extent the longer the run, the much more costly it gets. Um so I don't if you guys can see my let me go to cursor. if

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they were to maybe just do it here and here and so well they're going to be blocked by the building but that would probably be a little bit better than the entire perimeter. Um so but again we'll we'll afford Mr. McClean one more chance to speak if [clears throat] there's if

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there's not any other public >> Yeah. any anyone else? Yep. >> I think you need to be sworn in. >> Robert Brunk 13164. >> Robert, were you sworn in? >> Yes. >> Yes. Okay. Um,

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my only concern is is the culvert when coming into the neighborhood. I walk my dogs a couple times a day there and the dirt on both sides of the culvert. There's holes now. So, I'm not an engineer or anything, but I know that

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something's going on with the covert and just with the avid traffic. I just want that's just a concern I have. >> Okay. Thank you, Robert. >> A county covert. Uh he's talking about the culvert crossing to to fifth street southwest I assume which is not certainly not part of this site but

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right um but again I'm Ryan McClean being the engineer that he is he may he may or may not know what the status of the culvert is as well >> I wasn't sworn in early I just want to make a comment about pickle ball >> all right let administer those >> I'm an avid pickle ball player also

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>> name and address >> oh sorry Lorraine Capellan 42 236 Lane Southwest. I'm on the south side, so I'm really not on the north, but I just want to say I have friends that live beachside in certain communities and they're they have to play with a certain

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paddle in their developments called the owl. I believe it's the owl paddle and it's not like a cheesy paddle, you know, it's a a pickle ball paddle and it reduces the um decibels by a lot. So, I don't know. That's just another thing that might help using a certain paddle.

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That's all I want to say. >> Thank you. >> Thank you. C >> can I make a comment about the culvert? Um the roads if if you can please look into whether or not those roads need to be redone or looked at and that culvert please because that is a huge safety

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issue. And even though you're talking about the fact that that is not part of this plan, that's the only way in and out of this community. >> Is that a private subdivision, Terry? >> It used to be. We used to own the roads and then we brought them up to code for the county to take them. >> That's where the county do has them.

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>> Okay. >> Yeah. >> Man, you're hitting the county, you're hitting the drainage, you're hitting everyone. >> Anyone else? >> We have concerns. >> Okay. Seeing none, we'll uh close the public hearing. And um any other discussion from the

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commissioners on the right? >> Sure. >> Any other discussion on the left? All right. That puts us in um position for a motion. >> I'll make a motion we go with staff recommendation with the understanding

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that those things that need to be tightened up. They can do that. Whether it be a privacy fence or a Kousa hedge. I don't know what would cost more because I can tell you I have a 15oot Kusa hedge around my house. I don't hear anything. Don't see anything.

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>> Yeah, but you're deaf. >> Well, that's okay. I can see. So I I if if that's if that's doable, Ryan. >> Yeah. Again, I I I think I've said it before and I certainly don't want to put words into your mouth, but something to the effect of in an additional condition that additional noise and lighting

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mitigation be considered per each phase. >> Correct. And and and you've got that. I give staff the credit and knowing what to do with that. >> Okay. That's how we'll formulate it in the in the recommendation to P to BCC and then assuming they're on board, that's how it'll be ultimately. take.

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So, Tommy, could you clean up your motion and >> Sure. Whatever Ryan said. [laughter] >> Okay. >> Okay. I just want to make sure that um because you have to make specific findings in this one um that you that this board that in the motion we make the and I want to make sure you can just

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say yeah that uh the board finds that both the general and specific criteria for the review of a special exception have been satisfied and that the adequate special conditions have been imposed to ensure compatibility between the special exception use and

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surrounding land uses based on criteria included in land development. regulation section 971.057 A throughg. >> So have you seen the evidence today that you can make those findings?

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I I think with everything you said, Susan, that includes the fact of the sound deafening type of things that are going to come forward, the >> the lighting that is in the ordinance already and I don't know what else to throw at it because you said the kitchen sink.

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>> Okay. >> Am I wrong? >> No. I I >> So, do I need to redo my motion? >> No. If you just say that and then whatever you Sorry, I don't want you have to read it all. >> No, say what she said. that whatever Susan said with my motion is perfect. >> Okay.

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>> All right. We have a motion on the table. >> Motion to approve. >> We need a second. Yeah. >> Second. >> Second. >> Uh all in favor? >> I oppose. Motion passes.

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Um commissioner matters. Any commissioner matters? No matter. >> None. Any planning matters? only that I do expect that we will have the second meeting in June as well. That would be two weeks from tonight. >> There's already been a public public

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hearing advertised for that for that meeting. >> All right. >> A long one or a short one? >> 25th. >> 25th. >> Uh I that sounds correct. >> 25th. >> Two weeks from today. >> Okay. Uh any attorney matters?

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>> None. Thank you. >> Thank you. We're adjourned. Nice.

