Planning Commission - Regular Meeting

I'd like to call the meeting to order. So the first and only item tonight is the text amendment TX26.07.01, recreational facilities and community amenities.

So you'll have to approve the agenda first and vote on it.

Sorry.

No, you're fine.

I make a motion to approve the agenda. Second.

Second. All those in favor? Aye. Aye.

All right, so I'll move on to the text amendment, TX 260701. This text amendment is for recreational facilities and community amenities. At the request of council, they asked me to look into pickleball regulations and where distancing requirements, setback requirements, and things like that. As I was researching the ordinance, I found a gap for all recreational facilities, things like clubhouses, basketball courts, future types of sports that we haven't heard of. I know pickleball is fairly recent. I didn't know about it until maybe five to 10 years ago. And who knows what other kind of sports could pop up. So I looked at the ordinance. I looked at neighboring ordinances. I talked to like Indian Trail and their regulations. And I just found a gap that we just didn't cover. So instead of just making it about pickleball courts, I amended the entire section for Swim and Tennis Club to represent all recreational facilities and community amenities. And I have added amendments as such. So for example, if there's an accessory recreational facility, they'll also have to follow this regulation. And I also added definitions that weren't in our ordinance, like pickleball courts, outdoor pickleball facility, and recreational facility. I looked at swimming tennis club and I thought, we don't have any swimming tennis clubs in our town, so this would be a great amendment to this section to just make it for recreational facilities and add regulations to that. And I also amended the use table as such. So the standards of this text amendment apply to any recreation or community amenities in our town. It doesn't affect current recreational facilities unless they do 50% or incorporate specific elements of recreational facilities. The recreational facilities for planned subdivisions also have to follow this regulation as well. But that's when they do the site plan review. I made sure that if someone built a recreational facility, they wouldn't be able to parcel it out and sell it for commercial use. And I also allowed that any land designated as open space can be converted in the future as long as they follow these regulations. These are things that weren't in the ordinance before, so just trying to point everything, all the new things that are out. Additionally, I require site plan review, so minor site plan review. So a concept plan, whenever someone wants to build these facilities, And we're also now requiring a zoning compliance inspection. Katie King, our planner one, does zoning compliance inspections. They would have to submit a site plan review to her. She would review it, approve it, and then she'd have to go on site after it's built to verify that everything that you said you were going to build is correct. And there's a few elements on here as well that I've incorporated that she would also verify. So for minimum site area, I kept swimming tennis club regulations, so it has to be a minimum of two acres to build this facility, unless you're being part of a residential subdivision under a new one, a new residential subdivision under site plan review. And then... Okay, here's the meat of the text amendment. So for minimum separation, all recreational facilities, so including a community swimming pool, not a regular swimming pool in the backyard, any courts, athletic fields, playgrounds, pavilions, things that bring a community there together that could cause noise and things like that would have to be a minimum of 50 feet from the closest residential property. And I put regulations on how to measure that as well in here. Since I was asked to specifically look at pickleball courts, I did research pickleball courts, and I added some specific regulations to pickleball courts based on my experience, based on the research online, and based on having conversations with neighboring municipalities. And I wanted to show you some of these examples and why I chose these two options. So I provided two options for outdoor pickleball courts if they wanted to locate into town. They have to have a 300 foot separation between their fence line and the closest residential property. And I'll show you the pictures in a second on why I chose 300 feet. And then also, or do a, sorry, go ahead.

Just real quick, just a clarification. So Swimming facilities have to be 50 feet pickleball court is 360 feet is that I'm giving two options for pickleball.

Oh, it's swimming facilities is 50 But for pickleball it's 300 feet or 140 foot including a 40 foot type a buffer type a buffer is 90% opaque and they have certain types of Trees to make that 90% and it's in locating our ordinance. I And how I got to that research is actually up here.

Max, real quick, before you go on. In your option one and two, option two, you say 300 feet, but you've got 140 in parentheses. Which is it?

Oh, I did amend it. I must have used a... I have an updated one on my end. I must have accidentally sent a PDF on... An incorrect PDF file on our website. I'll make sure to correct that so essentially how they should read is number one should say maintain a minimum separation of 300 feet and Then two should say maintain a minimum separation of 140 feet I apologize that that was not sent to you that I have the correct one in Maya, and I apologize But I also Make sure this is the one from online that's up here.

And also, are you completely removing like swimming and tennis clubs, like if they're built separately from a neighborhood?

So this is now incorporated into this whole textment. So swimming tennis club is now incorporated in recreational facilities in this textment. So if someone wanted to build that club, they would have to follow these regulations. So I apologize about the the text I I have the correct one up here I'll make sure online on the planning board agenda that it's correct. I'm not sure Okay, so I apologize that they have two options 300 feet without the buffer or just they can have anything incorporated within that 30 feet if they want to do a buffer they can and but a minimum 140 feet with a 40-foot Type A 90% opaque buffer at full growth. So these are the two up on here.

So they can choose to do 300 feet from anything. Or they can choose to do 140 feet with a Type A buffer.

Correct. 40 feet on top of that, so it would be 180.

So, no, it's the buffer of 100. Buffers included in 140. Okay. And how I got to this research is when I did the measurements for our current pickleball courts, from the front of our town hall to those pickleball courts that you see over here across the street, that's 360 feet. You can still hear it from outside. But I did notice when I talked to employees from interior of the building, they could not hear it. but once I did a 50-foot distance, you can absolutely hear pickleball. It looks pretty close at 50 feet as well. Our current regulations for Swimming Tennis Club are 50 feet, and this is how it would be the standard separation for everything that's not pickleball courts for recreational facilities.

Your question on that, though. hearing it in a commercial building versus a residential building is different.

It is, yes. This is going to be specifically the feet, it's going to be 50 feet regardless, but if it's outdoor pickleball, then it will have to follow those regulations on the 300 feet or the 140. But if they're doing a complete indoor facility, it'll be 50 feet. At 100 foot distance, you can still hear the pickleball courts pretty clearly. So at 140-foot distance, it looks kind of far away in this picture. It doesn't look, like, very far in person. But the pickleball, you know, starts to get muffled, but you can still hear it, just like you can still hear it at 300 feet, which is this distance right here. It's less noticeable, though, but you can still hear it. If we went outside, you could probably hear the pickleball courts from here at 360 feet. And then I also wanted to show you that our current pickleball courts, it's 13 feet away from the nearest residentially zoned property, but it's about 141 feet away from that fence line for that property. So that's another reason why I also chose 140 feet with that buffer requirement. I thought that was a good distance as well, because that's how our current pickleball courts are distanced.

And that, real quick, that is the type A buffer happening right there in the second picture, or both pictures?

I'm not aware of what that buffer would be considered. This is an older neighborhood. That's fine, yeah. But I would assume that it would be somewhere. Cool. And I talked to our Parks and Rec director. And she said that she has not received many pickleball complaints from this neighborhood. It's mostly when we have those events with the loudspeaker, like Stallings Fest is when we get complaints. So additionally, I added some regulations on amplified sound. So I made sure that any time you have amplified sound, it has to follow our provisions for Article 2 and our Code of Ordinances. Altarpickleball courts shall not be used from 9 p.m. to 7 a.m. as well, and a sign shall be posted saying such, and that will be verified during zoning compliance. And then if a structure residentially wanted to locate within those distances, it wouldn't make any of these courts illegal. So a residential property could come after the fact, but a court could not come after the fact within these distances. And then I made sure that swimming pools were exempt, like personal swimming pools. Those are following the regulations of Article 2.13-7, which are 15 feet separation. Lighting, I added that. I kept the lighting from Swimming Tennis Club so that you can't create any spillover to adjacent residential properties. And then I said that pickleball courts, including dual use courts or anything that incorporates pickleball courts, shall not be eliminated. So existing recreational facilities that are lawfully established before this is adopted, if it's adopted, do not have to comply with this ordinance unless they are expanding over 50 feet or adding a new court, or 50%, excuse me, then they would have to comply. If they can't meet these regulations, they are not allowed to expand. And then I have a highlighted section that I wanted to make, just run this by you. I didn't incorporate this in the agenda online, but I had, Bridge had a really good question when we were doing the presentation that, so if a pickleball court were to come in after the fact on a tennis court, so like an existing tennis court wanted to line for pickleball, they would have to follow this regulation, and if they can't follow this regulation, then they can't line it for pickleball. And the reason that the pickleball is being picked on a lot is that specific sound. That pop sound is a lot louder than tennis. We had people out here playing tennis as well. Couldn't hear tennis at all. But you could hear the pickleball.

That was going to be my question.

Yeah. I was in my backyard about six hours away from the corner. And I crossed and downed. THE BLOCK AS I'M WALKING, AS I WAS WALKING ON THE BACK SIDE OF MY STREET, I COULD HEAR THE POPPING.

I WAS PROBABLY 300 FEET AWAY WHEN I HEARD IT.

I DON'T KNOW WHAT IT WAS AT THE TIME, BECAUSE I'M LOOKING, THEY WERE PLAYING IN THE DRIVEWAY. Yeah. Except in the driveway, and they're playing in the driveway back and forth.

Well, this only applies to permanent structures. So it wouldn't regulate if someone's playing in their driveway.

Well, they went past ours, but I just thought it was interesting. The sound was like...

So me and Katie walked all the way to the edge of the park. We can still hear it, but I think there has to be within some reason to allow them still at the same time. We can't hear the pickleball courts within our building with 360 feet here. So I think that 300-foot separation at least is reasonable with the 40-foot buffer. Because those plants do take time to grow, but at full growth, it shouldn't be an issue. Because it's 140 feet from the pickleball courts to this residential property, we haven't received complaints about pickleball many. And as you can see, this is the old text from Swimming Tennis Club. It's very short. It's only a few lines. And it's very... This is really only for new Swimming Tennis Club businesses, which I've never gotten a call about a Swimming Tennis Club business before. So I think this was a good amendment to change.

Is there a reasoning for 7 a.m. versus later?

Yeah, so our ordinance right now for construction does 9 p.m. to 7 a.m. I just copied that from the code of ordinances. And it usually is dark after 9 a.m. I know in the summer it still could be a little bit light out, but I think at 9 p.m. Is a reasonable time To later this is that construction I see so

It's so hot now. I mean, why would you be outside playing pickleball?

Well, I just copied the code of ordinance time frame. If Planet Board wants to recommend different times, feel free to.

7 a.m. is early for construction.

I know. I heard a roofing guy woke me up the other day.

Aren't they usually out there like at 8?

No.

They're out here even at 7 a.m. Yeah, because I remember walking and they'd be there.

Yeah, if I get here early, every day when I come to work, someone's playing pickleball.

I understand you had to start somewhere, so we started with pickleball, but is there any way to word this to where it's any outdoor sport that produces noise at a certain level or higher? Absolutely.

I thought about that, so like basketball courts and things like that.

Yeah, basketball.

I didn't address those fully, but I did expand it to 50 feet. So right now, if someone wanted to build a basketball court, we don't have any regulations in our ordinance at all for it. So I expanded it to make sure that all recreational facilities had a 50-foot minimum. So this is more, it does protect a little bit more. But if you wanted to recommend that it incorporate more types of uses that create sound, we can do that for sure. I just wanted to start at pickleball courts because that's what I was directed to do. But I did want to protect even more, so that's why I made the minimum 50. And then I know we have a resident here. It's up to the chair to let them speak if you want to have them come speak about pickleball. Yes, I'd like to hear him speak.

I didn't make copies for everyone because I'll be honest with you, I am not the public spokesperson in the family. I run from public speaking. My name is Glenda Ray. My family has lived in the Shantamore neighborhood for 26 years. During that time, we've never had concerns with the tennis court or the community pool. We enjoy racquet sports ourselves. This is not about opposing pickleball. The issue is how close these courts were built to existing homes. The pickleball courts are approximately 25 feet from our property line, and 100 feet from our home, which Matt Dillard measured for me. As a result, the repetitive popping sound of the ball striking the paddle carries directly into our home. We can hear it in the middle of the house, even with the doors and windows closed. It has fundamentally changed our ability to enjoy our home. Beyond the noise itself, The HOA moved forward without consulting the homeowners most directly affected, everyone that surrounds the court. Those of us living beside the courts had no meaningful opportunity to provide input before construction. We believe homeowners deserve reasonable protection when new recreational facilities are placed so close to existing residences. North Carolina has a long recognized importance of a homeowner's quiet enjoyment of their property and our own HOA covenants prohibit nuisances that interfere with that enjoyment. The development standards being considered would have prevented these courts from being built so close to our home. I'm coming because I realize that it won't be retroactive, but I don't want this to happen to anyone else. In our neighborhood, people started playing pickleball on the tennis courts back in 2023. That's how far back my emails go, and I was reaching out to the HOA board and asking, you know, can you not stop the pop, pop, pop of the pickleball? And this was after 9 p.m. at night, so we couldn't sleep. This has been very... heartfelt for us. We do not, as of this day, we do not have a resolution with our HOA. They have not been transparent and forthcoming with records. Just my personal research, I'm a retired paralegal so I've done a lot of research on my own. Max copied the file from the town for me and it appears that it was the agenda of one individual in particular to have pickleball courts in the neighborhood and everyone else just turned a blind eye while the pickleball courts got installed. I do know that, long story short, the lights did go up on the pickleball court. And it was my understanding that because they didn't get the proper permitting that the lights had to come down for the HOA to get their certificate of occupancy to open the courts. And I do know that there is talk of... Naturally, the pickleball players want the lights to go back up. You know, I'm praying that the lighting will be prevented based on what you all decide and adopt. But, again, I realize it won't be retroactive to what we're dealing with. The lighting is still a big issue for us. But, again, I don't want this to happen to anybody else. It just, you know, it's unfortunate and it should never happen, particularly... Long story short, we chose the lot that we live on. Our son played college tennis. I played tennis myself. Both of our sons played tournament tennis. We've lived there for all these years and not had any problems until pickleball started. We have made many requests of our HOA. regarding pickleball, and sometimes they do come out and start blowing the courts before the 8 o'clock playing time. So it's been maddening for us. So I just wanted you all to hear from somebody that, I mean, for lack of a better phrase, we're the victims of a pickleball court basically in our backyard. So thank you.

Thank you.

You're a great public speaker.

Thank you.

Max? I'm sorry.

The new amendments to your recreation, would that block the reestablishing of the lights? Yes, it would.

Cool. Also, too, she was saying that they measured out the distance was 25 feet, and the current order says 50 feet. So aren't they technically in violation of that or not?

So Pickleball was not

Listener ordinance at all of personal attendance club, so they were treated as an accessory structure You had mentioned before earlier that the representative to HOA told you that the community was Informed and you found out later on that it was not that's not a violation also now because That's I mean It's an HOA on land

And I would say that's kind of then turned into a property dispute between the homeowners at that point.

So the only real resolution they have is if they sue the HOA.

Yes, exactly what I was thinking.

Yeah, it's a property owner dispute.

They have to sue themselves.

However, our decision can aid what you're going through. No lights would be coming up, and that light pollution at least wouldn't be affecting you.

Yeah.

We already get spillover from the tennis court. We just haven't pushed that issue through the years because you can't, generally you can't hear the tennis foul. I mean, we really can't hear the tennis foul. I mean, occasionally we hear people on the court, but not to the degree that it's been a problem.

Is there anything in your HOA bylaws?

You can't hear it on the recording unless they come up to the podium. Sorry. Apologies.

Is there anything in your HOA bylaws or covenants that state the times they can use the tennis courts or not?

Right now it is 8 a.m. until 10 p.m. on the tennis courts and until 9 p.m. on the pickleball courts. But we've experienced people will go over and turn on the tennis court lights and play on pickleball on the pickleball court by the tennis court lights. We've been left to police it. So, you know, I could write a book, to be honest with you, about what I've been through since 2023 with the pickleball courts, and I made it very clear. I just happened to be in my kitchen one morning, and we had gotten a survey in the neighborhood, and please tell me if you need for me to stop. We had gotten a survey asking if there was interest in the pickleball courts, and it's my understanding that... We have over 700, about 740-something homes in Shana Mara, and less than 250 people responded in favor of spending $130,000 on pickleball courts. Those records are not available. I have asked for records, and... I get treated like I'm the bad guy. So right now, we have tried our best to resolve this situation without having to go to extreme measures, but for us, I would really like for them to reign in the hours. The HOA did not sit down with us until November of 2025, and throughout the entire process, our eight-month-old granddaughter had a stem cell transplant, and my mom passed away from dementia with aggression, so I was on constant call with her, and I communicated that to the individual that I was talking to, he was the vice president of HOA and he had asked me to communicate directly with him and unfortunately he misled me. He told me lie after lie after lie and he knew I made it very clear what I was going through with my mom and my granddaughter. So pickleball was not my priority, my family was. I opposed it from the very beginning. They knew we were opposing the pickleball court. Our neighbors are just as unhappy as we are. Unfortunately, a couple of others were planning to come tonight, but sick children and out of town, they were not able to come. I'm sure they'll come to the meeting with the council. I begged for months before I finally got a the HOA agreed to sit down with me, and I'm not so sure, to be honest with you, Up until 2025, I wasn't communicating everything by email. I was going over and talking to the bracelet management managers in our neighborhood, and I was going over and talking to the individual at the clubhouse. I finally said to her, look, why won't the HOA sit down with us? I'm trying to come to some kind of reasonable resolution regarding pickleball. but they finally agreed to talk to us Brad and I went in and sit down with the HOA and Basically, you know We're treated as the bad guys because we are not happy with pickleball in our backyard They you know, they've given us a few little tokens here and there but um, you know, I don't know what our next steps will be I've just I've just you know To be honest with you. I don't want to spend any money. I

You mentioned that they sent out a survey and only 250 people responded. Having been on the board, typically you need, for something like this, you need a 67% approval rating from the residents to move forward.

I cannot find any records online, as a matter of fact.

It should say that in your HOA covenants or guidelines that there's to get approval on changes or any kind of an expenditure investment like that.

Yeah.

67%.

I've even asked for information and nobody's really forthcoming with information. Even if I go back and look at the minutes of the meetings and We would get a newsletter that might say, still discussing pickleball. If I go online and try to find minutes for the meetings, there are no minutes. There's just an agenda. There are no minutes. When I've asked for things, again, they haven't been forthcoming with information. To be honest, I mean, to be perfectly honest with you, I think what happened, again, was it was one person's mission to have pickleball courts in the neighborhood. Everybody else turned a blind eye, and now everybody else is running from it because they're like, oh, no. We've actually had some of the board members say, well, just because I didn't say anything then doesn't mean I wouldn't. you know, say something now, and I'm thinking, you know.

Boards are hard to deal with.

Yes.

I've been part of one and know what you're going through with that, so it's a challenge.

Yes, it has been.

Your comment about the covenants and the percentage that would, to get anything like this through, I think it was a percentage of the board that governed the way 250 homes could be.

Well, that's why it's 60%. 67%. But the thing is, when you're talking about a change to the community and making expenditures like that, they're required to do that.

Well, and actually, we go to church with Wyatt Dunn. We have, for years, Wyatt's daughter and one of our sons is close to the same age. Well, after begging for months... for the HOA to sit down with us. Brad and I came over in October and met with Wyatt because our goal was, hey, can you ask our HOA board to please sit down with us and talk about pickleball? And Wyatt lives in Shantamore, and Wyatt's response was, I didn't even know we had pickleball courts. So I think there are a lot of people in the neighborhood that... don't realize the pickleball courts there, let alone that $130,000 was spent on the courts. And we did ask the HOA to put walls up, and we're not the only one that's asking for a wall. And the response that we got was that would cost each homeowner $125. But, you know, I'm thinking, well, you've charged each homeowner practically $200 to put in a pickleball court without getting approval. the approval from the majority of the homeowners. But you can go to Bracel's website, look at Shantamore. You can't find all the budgets, and you cannot find any minutes for meetings. But again, we're Christians. I'm trying to do things the way the Lord wants me to do it. I have fought and fought and fought for three years now. to try and get them to do something without having to go to extreme measures. But I'll be honest with you, the lights will be the deal breaker for us because even with the pool, the pool closes at eight o'clock, the pool's seasonal. We can't deal with pickleball year round. You know, we're already having a really difficult time, and we've started sleeping with a sound machine, and that does help with some of the noise, but you can't have it so loud that you can't hear an emergency vehicle. They'll ruin your hearing. So it's been quite the battle, and I appreciate you all letting me vent. We understand. Thank you.

Thank you. Thank you. Max, if I could say, I don't know if I have to come up. You can't hear in the recording.

Everybody here can hear me.

You've done a nice job on this, trying to put the toothpaste in the tube. I appreciate it. Respectfully, the distance probably needs to even be greater. When you stated that inside the building, in a commercial building, somebody stated, you can't hear it, but you're not on the lawn in your driveway in a commercial building you go from the building to the car so when we try to go outside or on our deck or in a driveway to have family time we can hear it's like you don't want to read about and it's really only a hundred foot from the house so it was it was ill-fated all the way so i'm hoping that 140 foot minimum with the buffer will will help other homeowners with that right it's

AND THAT 140 FEET IS WITHIN THE PROPERTY LINE OF THE PICKLE BALL COURT, CORRECT?

I THINK THAT YOURS IS IN THE 100.

WELL, NO, NOT THEIRS. NOT THEIRS, BUT WHAT YOU PROPOSED.

BUT GOING FORWARD, THAT PICKLE BALL COURT WOULD HAVE TO BE 140 FEET. A MINIMUM.

THEY COULD CHOOSE 300, BUT IF THEY DID 140, They would also have to be, it would be from the court fence line to the closest property line for residential, whichever is greater. And they'd also have to include a 40-foot type A buffer, which includes, I think, seven evergreens per 100 linear feet. Bushes, shrubs at full growth would have to be 90% opaque, so they couldn't see through 90% of the full growth.

It does take some time to grow.

But, you know, I didn't, I wanted there to be at least an option for a little bit closer. Yeah.

One other thing I will say, I'm sorry, and with you all considering this, you know, I've spent a lot of time with Max, not this in particular. My cousins let me know that you all were talking about this tonight. He lives in Shantamore and is, you know, understanding of our situation. But if you look online, I mean, there are lawsuits popping up all over the country over pickleball and proximity to homes and the noise that's generated from the ball. Because pickleball is, as you said, fairly new. It started as a geriatric sport. But, you know, what we've seen over time is kids and teenagers playing. And when the lights were up on the pickleball court, they put the lights up without the permit. They allowed people to play on the courts without the certificate of occupancy. And you guys that live in Shantamore, you probably got the emails just like we did They're still working on the surface, but it's okay to play on it like it is without the certificate of occupancy. We would come home at almost 10 o'clock at night, and one night we came home and there was a group of girls sitting in the middle of the court with a soccer ball. So it was treated as not necessarily always pickleball courts, but McDonald's play place. And my argument is they can go to Starbucks or cookouts.

You know, I think there's two issues here your issue and Max's proposal, you know, we really can't do anything about yours except for Preventing the lights coming back right coming to the council is not going to help at all. I don't believe I think that You have to get some people together that are having trouble like you are.

Bring everybody to a council meeting. That's what you've got to do.

Well, to the HOA meeting.

To an HOA meeting, too.

Threaten a lawsuit. Is anybody there an attorney? They could help you out.

But our HOA meetings are also closed. Always? There's one that's open. You have to request. Make a request to be present at an HOA meeting, which just doing research in North Carolina, that's practically unheard of.

Right. Again, so they're violating that, too. Basically, it says four times a year to set up a meeting.

Closed meetings are in addition to that, so.

Yeah. Right. Work meetings.

Work meetings, we call them, yeah.

Some HOAs allow residents to observe, okay, those closed meetings. Why wouldn't you? I'm sorry?

Why wouldn't you?

Yeah. Exactly. When did that start? Because they've always... As far as I knew, they were always open. They had a closed session in the meeting.

Right. Afterward, right.

That started years ago, though. They changed the law in North Carolina.

It's technically a work meeting.

So it's at the four meetings you can have open.

Residents are allowed to observe but not interact.

Right.

You have to ask to see. But it's the quarterly meetings. Right.

You have quarterly meetings, so.

I welcome to everybody. Yeah.

So, Max, and Board, is there anything we're missing that's enforceable based on the proximity of those courts to our lot line and our house that could change anything going forward, not just the lights?

So, for an existing pickleball court, they would have to follow the current regulations of when they were built. Other than the lighting here. So they're not expanding. So we can't require them to be a certain distance.

Max, is there any difference between an existing tennis court being transferred and modified to a pickle board?

So I did add that after the fact here.

Is that?

I would say pickleball, this is not included in the agenda, but this will be going to town council. But I did want to show you this. I think I did read it, but I want to read it again. If pickleball use is proposed in an existing court that was not previously lined for pickleball, the court shall comply with all the standards for distancing. In this section, if the existing court cannot meet those distancing standards, it cannot be converted, lined, or designated for pickleball use.

There you go. Okay.

That's good, but that doesn't help them.

Yeah, well, there's nothing, I don't think there's a tax amendment that would fix whatever's currently built out there.

But Max, one question, one comment Ms. Ray brought up was they don't start playing necessarily before seven or eight, but they get out there and blow the courts. Can our text amendment basically say that no activity happens on those courts until that time frame?

So the issue with that is we have code enforcement that can check usually land use issues. So, for example, someone building something illegally without a permit. If it's after hours, the police will have to enforce it. That's one thing to keep in mind. And the police have been out there several times to check on pickleball courts. But we also still have a limited number of officers that can enforce pickleball courts. And since it's not a criminal offense, it would be limited in that aspect.

We could add something. Yes, you could definitely. Stop them from doing stuff until... The opening time of the court.

Yeah, it just wouldn't be, we can definitely add that language. It's just that if it's after hours, like after eight and five, then it's regulated mostly by the police. And we'll have to ask police to document it. And we've had police, I know I'm repeating myself, but we've had police out there for several days, visit multiple times. And just those specific instances are, there was nobody playing pickleball, or not very many people, or we've had some people come out there for pickleball-related issues, but they don't incur a land-use issue for us to regulate.

Well, I know when I see the police sitting in the parking lot, they don't go play pickleball. Right.

Well, and I will say, as far as the police are concerned, that was the response that we got from the HOA. As I said, we're left to police some... You know, there have been ongoing lighting issues with our courts. The lights stay on all night, all the time. There have been lock issues. Our clubhouse was actually unlocked for two solid weeks, 24 hours a day, because unfortunately they don't hire competent individuals to do things when things need to be done. But, you know, Ray Sayles said, well, if you have a problem, call the police. So I have two family members that are police officers, and every time the police officers come to work, they're putting their life at risk, and you want us to call them over a pickleball issue? Right. You know, to me, that's just, that's unacceptable.

So ultimately, it'll turn back around on the HOA enforcing it. Mm-hmm.

So getting back to the issue here, the text-a-minute changes, is there anything from the board that we'd like to see different in the text changes? Or are they written as is, something that we should be looking at?

I would like to see them not start before 8 a.m. I would like to see that 140 raised to 160 at a minimum.

So what you can do is you can make a recommendation stating that, and then you guys can vote on it. If it doesn't pass, someone else can make a recommendation or continue until that vote passes.

I would like to make a motion that in 2B2, the maintained minimum separation of 140 feet be increased to 160 feet, and in 2E, the start time not be before 8 a.m. Second.

Second.

All those in favor?

Aye.

Aye.

Yeah, I like that better too. And then don't forget about the statement of consistency. Yes.

Statement of consistency.

So would someone like to make a motion for the approval, finding this reasonable and consistent with?

Yeah.

The recommendation is in, right? We're good on that?

So the recommendation was for it not to start before 8 a.m. and change 140 to 160. And then for text amendments, we also need a statement of consistency and reasonableness for compliance with our comprehensive land use plan.

I'll make a motion that it's reasonable and reasonable. Consistent with our current standards.

That's fine.

Second.

All those in favor?

Aye. I know how loud it is. I mean, it is loud. You can hear that pop.

Yeah, I'm sorry you guys are going through that.

Second.

Oh, I need a different motion. Vote on that.

Yeah.

So we need a first motion.

Anyone else like to make a motion that we adjourn the meeting?

I make a motion to adjourn.

I'll second. I'll just do a Kohler second. All those in favor? Aye. I think we all seconded it. I know, but I saw your hand first. There was a unanimous second.