 You are alive. All right. Good morning. The meeting will now come to order. Welcome to the December 8 2020 meeting of the Durham Board of Adjustment. My name is Jacob Rogers and I am chair of the board. I would like to start by acknowledging that we are conducting this meeting using a remote electronic platform as permitted by session law 2020-3. The Board of Adjustment is a quasi-judicial body that is governed by the North Carolina General's statutes and the city's unified development ordinance. The board typically conducts evidentiary hearings on requests for variances, special use permits, and among other requests. Today's meeting will proceed much like an in-person meeting of the Board of Adjustment. On the screen you'll see members of the Board of Adjustment. Additionally, planning staff and representatives from the city and county's attorney's offices are attending in the remote meeting. Applicants, proponents, and opponents were required to register in advance and are also attending the remote meeting. When a case is called for its hearings speakers will be promoted within the platform so their video can be seen. The chair will swear in applicants and witnesses at the beginning of each case. Staff will present each case and applicants will then provide their evidence. Control of the presentation and screen sharing will remain with planning staff. Today's meeting is being broadcast live on the city's YouTube site and a link to this broadcast is on the website for the Board of Adjustment. Before we begin the evidentiary hearings on today's agenda, I would like to provide some important information about the steps taken to ensure that each party's due process rights are protected as we proceed in this platform. Each applicant on today's agenda was notified that this meeting will be conducted using a remote electronic platform. During registration each applicant on today's agenda consented to the Board conducting the evidentiary hearing using this remote platform. We will also confirm today at the start of each evidentiary hearing that the participants in the hearing consent to the matter proceeding in this remote platform. If there is any objection to a matter proceeding in this platform, the case will be continued. Notice of today's meeting was provided by publishing notice in the newspaper mailed to property owners within 600 feet of the subject properties, posting a sign at the property and posting on the city's website. The newspaper website and mailed notices for today's meetings contained information how the public can access the remote meeting as the meeting occurs. These notices also contained information about the registration requirement for the meeting along with information about how to register. All individuals participating in today's hearings were also required to submit a copy of any presentation, document, exhibit or other material they wish to submit at the evidentiary hearings prior to today's meeting. All materials that the city received from participants in today's cases, as well as a copy of the city's staff's presentations and documents were posted on the BOA website as part of the agenda. No new documents will be submitted during today's meeting. All decisions of this board are subject to appeal to the Durham Superior Court. Anyone in the audience other than the applicant who wishes to receive a copy of the formal order issued by this board on a particular case must submit a written request for a copy of this order. And before we get into the roll call, I know that we have a new member on this board, and I'd like Natalie, I'd like for you to introduce yourself. I want to make sure that we pronounce your last name correctly. I think I've got it, but I just want to make sure. Thank you. Tell us a little bit about yourself. My name is Natalie Bo Shane. I have lived in Durham most of my life. Took a little stint for about 10 years and lived at the coast for a while and had to come back to Durham. So I've been here for the past 20 years. I've worked at Duke for that past 20 years and the kids are grown and gone. It's time to get involved with some, some community activities. So here I am. We're glad to have you. Thank you. Thank you for being here this morning. Susan, would you like to call the roll? Mr. Jacob Rogers. Here. Chad Meadows. Here. Regina DeLacy. Here. Micah Jeter. Ian Kip. Here. Michael Wretchless. Here. Tisha Weymour. Here. Jessica Major. Here. Michael Tarrant. Michael, your mute may be on. Here. Natalie Bo Shane. Here. All right. Our first thing to do is approval of the October 27th minutes. Is there a motion or is everybody had a chance to look over those. Meadows move approval. Lacey second. All right. Susan, I think you have to call everyone. Mr. Rogers. Yes. Mr. Meadows. Yes. Mr. Lacey. Yes. Mr. Kip. Yes. Mr. Wretchless. Yes. Ms. Weymour. Yes. Ms. Major. Yes. Mr. Tarrant. Yes. Ms. Bo Shane. Yes. Ms. Lacey. Yes. Ms. Bo Shane. Yes. Ms. Bo Shane. Yes. Ms. Bo Shane. Yes. Ms. Bo Shane. Yes. Ms. Bo Shane. Well, I would like to move forward. And if you can't vote on that because she wasn't there. Sorry. I'm sorry. I'm sorry. I should not have called her name. I abstained. All right. Okay. Our first case Susan, would you like to call that and then clarify the seating. for outside recreation activities outside of permitted hours. The subject site is located at 4865 and 4901 Page Road is zoned to Industrial Park and in the suburban tier. And the seating for this case will be Ms. Delacy, Mr. Kip, Mr. Meadows, Mr. Rogers, Mr. Wretchless, Ms. Weymour and Ms. Major. All right, Natalie, take this time and kind of soak it in and kind of learn the proceedings of the board, but there will be plenty of cases. I'm sure that you will be sitting in as an alternate. Eliza, do we turn it over to you? Do you want to swear everybody in or what? Yeah, we need to do that. So everybody who plans to give testimony will need to have your camera on to administer the Todd Waldo will be the last or the only one I think that we need. All right. I'm sorry, I forgot to read my blurb that this case has been advertised for the required period of time. Property owners within 600 feet have been notified. Notarized affidavits verifying the sign postings and letter millings are on file. All right, if you plan to give testimony today, please raise your right hand. Do you swear or affirm that the testimony today is the truth and nothing but the truth? Yes. All right, and do you all consent to this remote meeting platform? I need an answer from each of you. Yes. Yes. Okay. Mr. Martin, did you unmute and just say yes real quick, just so we have it that everyone said yes. Yes. Thank you. Alrighty, Eliza, it's all yours. Okay. Good morning, everyone. Eliza Monroe representing the planning department, planning staff request at the staff report and all materials submitted here at the public hearing to be made part of the public record with any necessary corrections as noted. So noted. Thank you. Case B2000012 is a request for a minor special use permit to allow the extension of illumination for outdoor recreation activities outside of permitted hours. The applicant and property owner is NC Durham Page LLC and the subject site is located at 4865 Page Road and 4901 Page Road. The case area is highlighted in red on the screen. The site is zoned Industrial Park or IP and located within the suburban development tier. The site area is currently vacant as you can see on the screen. NC Durham Page LLC, the applicant and property owner submitted a request for minor special use permit to allow the extension of illumination outdoor recreation activities outside of the permitted hours on the property located at 4865 and 4901 Page Road. Essentially the applicant is requesting the extension of hours of illumination for the outdoor golf range until 3 a.m. on weekdays and 5 a.m. on Saturday and Sunday. Per section 7.4.2b.2c of the unified development ordinance, otherwise known as the UDO, illumination may be extended until 3 a.m. on weekdays and 5 o'clock a.m. on Saturday and Sunday with the approval of a minor special use permit per UDO section 3.9. Additionally, the review factors in paragraph 3.9.8b to be considered shall be limited to paragraphs regarding lighting, effect on nearby properties, compatibility and consistency with policy. For this reason, when you were looking over the staff report and the application, it probably looks very different from things that you've seen before. And that's because the findings and review factors that the ordinance limits these type of approvals to is just the ones mentioned, which was lighting, effect on neighborhood property, compatibility and consistency with policy. So it's a little bit different than the minor special use permits you standardly hear. UDO section 3.9.8a.m. B establishes four findings and 13 review factors. The applicant must meet in order for the board to grant a review permit. Actually, I should probably re-note that UDO section 3.9.8a.m. B establishes four findings and UDO section 7.4.2b.2c establishes four review factors. The applicant must meet in order for the board to grant this type of use permit. These findings and review factors are identified in the staff report and the applicant's respondents to the review factors and responses to the findings and review factors are identified in the application, both of which are within the package that were received. Staff will be available for any questions as needed during the hearing process, as well as any questions that the applicant or anyone else might have. All right, any questions for Eliza before we hear from the applicant? Sorry, everyone. I have my screen a little bit bigger, so I can't see if you raised hands, so feel free to speak out loud. I don't see any either. All right, thank you, Eliza. Would the applicant come forward? Good morning, this is Keith Burns. I'm an attorney, live in Durham and have since 1993. I'm here representing Topgolf this morning and I'll start by giving you a brief overview and then I'll turn it over. We've got three witnesses who plan to speak and a couple of other folks who are available if needed. Mr. Burns, one thing before you continue, would you like all of your written and oral testimony to be part of the record? Yes, please. All right, so noted, please continue. And the same will be true for each of those three witnesses. So as Eliza noted, this is really a very narrow request. Topgolf can have lighting on the property late as a matter of right, but because it needs to conduct maintenance after operations, it seeks to extend that lighting from until 3 a.m. on weekdays and 5 a.m. on weekends. So that narrow extension from midnight as permitted to 3 a.m. on the weekdays and from 1 a.m. on the weekends to 5 a.m. That's the only matter for consideration. So a narrow consideration before the board this morning. There are general findings the board will need to make and then a limited number of review factors as Eliza noted. The testimony that we'll offer suggests that the request is in harmony with the surrounding area. As you saw a moment ago, the surrounding area is an interstate, an office park, a substantial number of wetlands and then some apartments that are really quite a long way, 900 feet-ish in one direction and then over 2,000 feet in another with plenty of buffer in the middle. It's not likely that there will be any negative impact on those. There are no special requirements related to the additional hours of operation. So that general factor is not a matter for consideration here. And the additional hours of operation will not adversely impact health and safety because it's unlikely that anyone will be in the area to be impacted. Again, the nearest dwellings are 2,960 feet away with plenty of buffer in between. I-40 and 540 are nearby. Each of those are lit in this area with lights that are pretty substantial. And then there's an office park across the road and I sincerely hope that there's nobody there those hours and if they are there, they're working sadly. There are others, other factors to consider and they are much the same. Their lighting effect on nearby properties, compatibility and those sorts of things. They're the four in fact that Eliza mentioned. As I said a moment ago, we've got three witnesses that will present to you this morning. Todd Waldo who is a top golf employee. Todd may show up on your screen as David Waldo but it's the same person. So Todd Waldo will lead us off. Travis North is a lighting expert. He'll speak to, among other things, the image that you see on your screen now that's a lighting heat map that he'll explain in greater detail. And I think you probably all know Jarvis Martin. Jarvis is a Fraser who's been doing great work in and around Durham since at least as long as I've been in Durham. And so those votes will testify briefly and then when they're done, I'll come back to offer a brief summation and at that time we'll request that you vote for approval of the project. And with that, I would turn it over to Todd Waldo unless someone has a question for me. All right, any questions for Mr. Burns before we continue? All right, I'm just getting through here. All right, next, Mr. Waldo. Thank you, Keith. And good morning, Mr. Chairman, board members, good to be with you today. My name is Todd Waldo. I'm with Topgolf 8750 North Central Expressway, Dallas, Texas. I'll give a brief introduction of the project and also go into a little bit of the Topgolf business and making some statements there and then I'll pass that off to Travis North but just to briefly introduce myself. I currently serve as the director of real estate development for Topgolf. I've been with the company for over two and a half years now. I have over 20 years experience, professional experience in the commercial real estate development construction industry. And my responsibilities for the management of all pre-development matters including financial, regulatory, physical, feasibility analysis, risk assessment, design coordination and entitlement procurement for new venue projects across the east coast of the United States and currently leading the development efforts on over $500 million worth of activity within Topgolf's real estate pipeline. Can we get to the next slide please? Just giving a brief introduction of the overall master project. Topgolf is extremely excited to join our development partner realty link to deliver a transformative development called the park on page to Durham. Anchored by Topgolf, the proposed 46 acre project located in South Durham near the intersection of I-40 and Page Road will create a vibrant mixed use development for residents and visitors alike and provide a world-class entertainment venue to complement and support the nearby research triangle park. The project will strengthen the tax base and create jobs on a highly constrained property. An estimated creation of 1,200 jobs and upwards of $2 million in annual tax revenues are anticipated as part of the overall development. Next page please. Next slide. Topgolf is an industry leading golf entertainment venue with a best in class business operation. We're a global company with a 20 year operating history and over 20,000 associates. We have 63 venues operating worldwide. We, all of our USA, all of our venues in the United States and United Kingdom are company owned and operated. We have strategic partnerships with the PGA Tour, PGA of America, LPGA and First T organization. The economic impact that's anticipated as part of the Durham project includes the multimillion dollar investment in the community, the $25 million estimated investment in this project, creation of over 270 jobs during construction, approximately 450 jobs created once the venue is open and operational. And we're also a premier destination for corporate charity and group entertainment. Next slide please. Just real quick to give everyone some background on what Topgolf is when we go back to exhibit four. So just to explain what our use is, we're a little bit different than most operators. We are a premier state of the art outdoor recreation and golf entertainment venue consisting of a technologically advanced multi-level golf driving range. Full service restaurant, a bar, event space, mini golf and entertainment complex complete with outdoor dining, outdoor lounge area, outdoor patio. So a lot of multiple uses within the building. And this particular venue with some photos that I'll share with you from a similar venue that's located in Arizona, is gonna be a three level building, housing, the restaurant, bar, entertainment and event space including three climate control levels of golf ball hitting bays and an outfield with electronic targets for an inclusive high-tech golf game that every one of all ages and skill levels can enjoy. Now I wanted to share with you all just some photos again of an existing venue that is comparable to what we're proposing in Durham to give you a sense of the high-end finishes, the appearance of the building. This obviously is a photo of the exterior of the building, very contemporary modern dynamic. If we can go to the next slide, I'll show you, share with some photos of the interior of the building. Again, just to give you an idea of the type of business it is with the high level finishes, three levels, the variety of uses within the building as well. I can go to the next slide. This is a photo illustrating the two-story restaurant and bar in our video wall. So we have close to 300 or more seats within the building for our guests to dine in addition to partaking in the golf aspect of the venue. We can go to the next slide please. This is the view of the event space. We have about 3,000 square feet or so capable of housing about 300 people for special events for Chamber of Commerce or local businesses that have off-campus type of retreats and meetings and things of that sort. It's been very popular within a lot of our venue business. Can go to the next slide please. This is a view of the golf hitting bay looking out into the outfield area. Again, all of the hitting bays are appointed with luxury seating, golf equipment, video monitors and also golf ball dispensers. So all of that gameplay and dining can occur within the individual hitting bay for all of our guests. Next slide please. Just another view from the tee line looking out into the outfield. It just gives you an idea of the amount of technology that's involved with the operation and also a view into the outfield showing the subgrade electronic targets that is used as part of the gameplay operation as well. Next slide please. Just a view of some of the outdoor dining space that we have as part of the operation. This is the rooftop terrace. We have multiple levels of outdoor space including outdoor patio that's on the lower level with an expanded seating area and also outdoor gameplay activity for yard games and socialization and things of that sort. Next slide. This is an actual view of the outdoor patio. Again, we have an outdoor stage for entertainment. We have yard games for our guests to partake in and an additional lounge space and dining space as well. Next slide. This is the site plan exhibit and I'll explain that. I think Eliza and Keith both touched on this earlier but just to give everybody an understanding of the location we are framed to the west by Interstate 40, to the north by Page Road, to the east by a lake in further distance and apartment complex close to 1,000 feet away and then to the south we were bordered by 540 which is over 1,000 feet away as well. So we're pretty isolated in the South Durham. We have a lot of buffer along I-40, that you see the buffer that will help screen the venue but as you can see in this site plan, again, we're part of a larger development and towards the back of that larger development from Page Road but the orientation of the building is towards the southeast. So the lights that are proposed as part of this request are part of the gameplay lights. We have 16 of those lights and they all are directional lights that are angled towards the outfield which is towards the southeast and more towards 540. Those 16 lights are LED lights, 500 watt lights. They are mounted to the underside of the roof canopy at both the third level and the second level. Varying heights from mounting height of 27 feet or so in the second story and 42 feet at third story. Again, they are directional lights to illuminate the outfield which is the plane surface for the golf entertainment experience and they're also part of some of the camera technology that we would use for ball tracking systems and things of that sort. So it's highly critical that those lights are angled in that direction and to serve the purpose for the guest play activity. The hours of operation that we are proposing for this particular venue are Sunday through Thursday, 8 a.m. until midnight and then on Friday and Saturday we have extended hours, both starting at 8 a.m. but ending at 2 a.m. And a lot of what happens after the essentially shut down our business operations for the night includes maintenance activities that take place by our crew of about six to 10 associates that do maintenance activities such as repairing turf, repairing some of the electronic targets, collecting the golf balls that are out within the outfield area, very low intensity type of uses that occur, don't really generate much noise whatsoever. If we can go to the next slide, I'll talk a little bit about those lights. So this is an illustration of the light fixture that's, again, mounted to the underside of the roof canopy. It's a linear strip. It is directional in nature and shines outward towards the plane surface. We can go to the next slide. This is an aerial view of an existing venue in Glendale, Arizona. This gives you a feel of the illumination at night. We have submitted in addition to our application package a photometric plan which illustrates the light intensity that essentially remains within the property boundaries and the particular lights associated with this application, the lights that illuminate the outfield. This is a great illustration showing how that light is essentially contained within the plane surface, does not illuminate any areas outside of the plane surfaces. So all of the lighting is self-contained on the property. There's no light trespass to adjacent properties or right-of-ways, but this gives you a great sense of what the illumination would look like at night with the exterior lighting. You go to the next slide, please. As I mentioned earlier, there is some maintenance that's required after hours. Generally, two to three hours or four hours after the venue shuts down, we have a maintenance crew. This is a view of a Ibotta vehicle that is essentially a traditional ball collection vehicle that you may see on more traditional driving ranges. This is used to collect all the golf balls that are hit out to the outfield in addition to some vacuums that are used to suck the golf balls out of the targets as well. Very low intensity, again, there's other maintenance that occurs within the outfield and across the venue after venue operation cease. But it's very important for us to do these maintenance activities after business hours so that we can ready the venue to be able to support guests and associates when we open for business the next day at 8 a.m. Next slide, please. And this is just a cut sheet of that light fixture itself. Again, 500 watt, approximately LED light fixture. Linear and nature horizontal. Again, it's a directional light that shines and it illuminates the outfield playing surface. Next slide. With that, I'm going to turn the presentation over to Travis Northeast with Bowler Engineering. He is our lighting expert that will talk a little bit more about the light intensity and more specifics about the outdoor lighting that's proposed as part of our project. Any questions for Mr. Waldo? This is Meadows. I have one quick question. Thank you, Mr. Waldo. That was very informative. You indicated that there are the lighting that will light the outfield portion of the project is on the second and the third levels of the building. You gave us lighting heights, but I'm sorry, I failed to write those down. Could you tell me again what those lighting heights would be for the second? Sure, sure. Yes, sir, yes, sir. So you are correct. They are mounted on the third level and the second level. So the second level, they're at 27 feet. And then on the third story, it's at approximately 42 feet. Again, those are 16 lights in total. And if we go back a couple of slides, one more, maybe one more, there we are. So there you can see the actual linear light strip that is mounted on the underside of the canopy, not the ones that are inset under the canopy, the ones that project from the canopy itself. Thank you. And that's obviously the third story. Yes, sir. Any other questions for Mr. Waldo? Regina has her hand raised. Will you see? Sir, you said that the forgive me if I misunderstood, but you said that this would bring 1,200 jobs. And then you said later on that 270 during construction and 450 at the time of when your venue is up and running, where'd you get 1,200 for? I know my math stinks, but did I misunderstand? Yes, ma'am. I'll clarify that. Yeah, we topped off as part of a master development on this 46 acres in South Durham. So there'll be other uses, mixed use with hotels, other entertainment uses that are proposed. So in total, in sum, for the entire 46 acres, we're estimating about 1,200 jobs. Just for top golf alone, we're estimating at the time of operation around 450 jobs. OK, thank you very much. Thank you for clearing that up. Yes, ma'am. Yes, ma'am. All right, any other questions before we move on? I don't see anybody's hand. All right, I can't remember. Sorry, Mr. Waldo. I can't remember who you said was next, but we'll turn it over to you. Just turn it over to Travis North, the bowler engineering, who's our lighting expert. Mr. North. Hey, Dewin. My name's Travis North. I'm with bowler engineering. I have a degree in landscape architecture from Temple University. As part of the landscape architecture degree, we learned lighting design. And so I'm here for the capacity of a lighting expert. My lighting education includes more than 150 hours post-graduate in lighting. I specialize in outdoor lighting. I have been in the field doing lighting design for outdoor uses for about 20 years come February. And what you have before you is a heat map. Lighting design, when we're talking about light levels, they're somewhat hard to comprehend, unless this is what you do for a living. So the heat map is probably a good way to illustrate what we can expect to see out here. And what you'll see here is the field and the light levels ranging from zero to about five foot candles. Blue level being zero, red level being five. And you can see a little gradient chart on the upper left corner that shows you exactly what you're looking at. Now, what does that mean relative to other things? This is going to, the brightest part of this site is going to be lit comparably to your typical low level parking lot. If this were a traditional driving range or if this were a high school football field or something, we would actually be lighting this field to about 50 foot candles and it'd have that same average throughout. Topgolf does not need light levels of that for the entire field because of the technology that they use. In the darkness or after hours, when the sun has set, the tracking system that Topgolf uses kind of does the job for you. So if you're at the driving range and you're hitting the ball, the tracking system only needs to see the ball for the first third trajectory. I am not an expert on the tracking system, but the lighting design is developed to take that into consideration. And so you will see based on this heat map that it's really only the first third of the field that's lit very intensely at all. And again, that red area that's about 15% into the field is only about five foot candles and all of that light dissipates out before it hits the end of the field. Now, as Todd had mentioned earlier, these lights are small aperture directional lights. The entire aperture of the light source itself is only about six inches tall. These are aimed generally at the field and they provide the illumination for that first stretch. When the light dissipates to zero, that's because of distance and by the time it hits the outfield, it will be close to zero. Before it hits the property line, it will be well below zero and there's gonna be zero influence from this light source. Now, as Todd had mentioned, the lights are aimed inside the building. You can see the curvature of the building opening to the field. Those lights are aimed at the field. There are no lights around the perimeter. Common misconception when we do an application like this for top golf is that there's poles around the field holding up the net. We have no lights mounted to that. It's not necessary for this system. So as you can see, none of the lights are aimed at the residential developments to the Northeast or to the West. They are aimed generally in the direction of Route 540 to the Southeast. However, as I had mentioned already, the light levels will dissipate to zero before you leave the property line. 540 is about 1,340 feet. If you are driving on 540 and you're looking over there and let's assume for a minute that there were no trees in the way. You may be able to see the light source but that doesn't mean that the light is influencing the driver. It's not creating glare. It's not creating a distraction for them and it won't impact their visual abilities on the road as a driver. Now, that's not unlike if you were to look up at the sky at night on a clear night, you can see the stars up in the air. You are aware of their presence but that is not influencing the light levels on the ground because it's so far away. I know that's kind of a hard contrast seeing that stars are so many millions of miles away but that's the same kind of context here. You will note a little bit on this heat map along the Northeast edge of it. You'll see a little bit of green that's bleeding onto the field. This heat map was generated in concert with all the lighting on the site and some of that light is actually bleeding onto the field from the parking lot. And if you could go back to exhibit 14 again, this is two more exhibit 14, which is the sky view, thank you. This is a night time photo of an existing top golf in operation. And I wanted to point out again, there's no lights mounted around the perimeter of the field only within the shell of the building mounted on the second and the third level as Todd had mentioned. And you can see that the light levels on the field closer to the building are pretty comparable to the light levels in the parking lot. The parking lot lighting in some cases actually gonna be a little bit brighter around your typical main entrance of your typical store. So we're not talking very bright levels here and it shouldn't have any influence. As you can see the highway here, none of the light is actually aimed in that direction and the light has well dissipated before it's reached that road. You can also see that the light level has dissipated well before it reaches the end of the field. So while these would be on at late night operations, they shouldn't have any negative impacts to the surrounding uses or users of the hot drivers on the highway. Does anyone have any questions about the lighting design for this? This is meadows, I have a couple of questions. I'm not sure, Mr. North, if you're the right person or not, but I will ask a couple of questions if that's okay, if you're not then whomever. So at night, after hours, after closure, the lights, the 16 lights that are mounted on the building that shine out to the outfield, those are the lights that will be on after the UDO limitations and is what is triggering the need for the minor special use permit. Is that correct? That's correct. Okay, and is there, will the parking lot lights that are, I guess to the north or whatever, closer to the water, will those parking lights also be on after the hours that are specified in the UDO? I'll have to defer to Todd possibly on that. I'm not involved in the parking lot lighting scheme. Yes, Mr. Meadows, I can answer that question. Can you hear me? Yes, yes. Okay, yes, I think an important point of clarification and distinction here is that we will always have an employee or an associate of some type at the venue 24 hours a day. So there will be some form of security lighting that will be on within the parking lot area throughout the night, just because for safety and security and things of that sort, we have, again, maintenance team that is there after hours and then we have folks that are part of the kitchen staff and things of that nature that are arriving early to get prep for food and meal preparation for the early morning guests. So we will always have some employees at the property and within the venue at all times. So yes, to answer your question, there will be some type of security lighting to that effect within the parking lot. Two more questions. Do you anticipate any substantial changes in existing grade on the site as part of construction? Well, if you've been down into the South Durham area recently, our development partner has started clearing and grading and mass excavation. So this is a property that is challenged by a lot of topography, rock, things of that nature. There will always be, if you are familiar with driving that stretch of I-40, there is a somewhat of a natural berm that's along I-40 and we are required by code to provide a 100 foot vegetative buffer along I-40. So the property will be higher than I-40 but it will be substantially buffered by that 100 foot existing vegetative buffer. And there is also some additional topography across the site falling, the grade falls off towards the water both towards the South and to the East as well as towards the North on Page Road. So as you enter from Page Road, you will gradually increase in grade until you get to the top cough parcel. Okay, so I'm guessing that the existing elevation is around 350 feet above sea level and there may be some adjustment to that where that's increased. So to my last question, could you go to exhibit two please? The slide for exhibit two, thank you. On the, I guess it's the Eastern side, there is a overhead wire right of way that comes through the site, crosses the lake and then moves on to the reserve at Errington. And if I understand correctly, there's not really any way for anybody to put any vegetative material inside of that right of way. And I'm concerned about the screen, the your ability to screen the lighting from the apartment building that is at the top of the screen. It looks to me like they're facing your facility and in between them and your facility is a right of way that can never have trees. Could you talk about that a little bit? Yes, sir. There are actually two overhead power line easements on our property, which again, further constrains that the one that you are calling and questioned. Again, if you'll focus on the top golf building and that is the one, obviously with the outfield. The front of the building faces Page Road. The key line, which is the area in which our guests hit the golf balls, it's faced towards the south, towards 540. So all of the lights that we are talking about are angled in the direction towards the south, towards 540, not towards the apartment complex. There will be existing vegetation that will remain on the south side of the utility easement as well as some plantings that will be part of our project on the north side of the easement. And then again, there will be some existing vegetation that will remain on the east side. So that in combination with the vegetation that's in place on the apartment complex side, I don't anticipate based on the direction of the lighting itself that there will be any impact whatsoever on that apartment complex. Because the lights are not angled or directed towards the east. They are directed towards the south. Okay, thank you. Actualist has his hand raised. Mr. Actualist. Yeah, I just wanted to expand on the actual lighting. Trying to get to that cut sheet. There's two different types of lighting it says on that cut sheet. Is there one specifically used, I think that's RDN-4. What does that mean, SQN-5? Yeah, right there. Optical beam types used for top golf. It has, and the other. Is there a difference in those? And can you explain a little bit about that linear integrated LED and the glare technology used for it, please? Okay, so the difference between the two, they're actually different distribution patterns. They have the same light output, but they have slightly different beam spreads. So the ones that are on the lower level are more of a wider beam spread, but now we're top bottom. So think of it as more of like a rectangular throw. And that's because they're lower and they're aimed a little bit more outwards. We want to control the up light, of course. The ones that are on the higher level are a little bit of a tighter beam. So more of like a circular type beam. They're at a steeper angle aimed towards the ground. So we're able to do that, but we also need that because of the distance from them to the ground in order to do the light. Otherwise, there's no physical difference between the fixtures. There's no significant difference in the light output. Just, I know the numbers are sometimes hard to understand, but the SQ scenario is 41,585 lumens, whereas the RD scenario is 41,362 lumens. What's that mean? That's roughly about half the light output of your typical traditional 1,000 watt metal highlight fixture. So the linear, your other question was about the linear nature of the LED. In a traditional light source, like the metal highlight or otherwise, all of the light would be reflected. We'd have to set it into a housing that would reflect it out similar to the way a flashlight works. With the LED, we don't need that anymore. There's a lot more efficiency. So the lights are arranged along the stretch of the fixture. There's two to four rows of LEDs in there. And the way we control the light spread, or I should say, I'm not controlling the light spread, quality who manufactures the fixture, has designed this with lenses that control the beam spread. So unlike your traditional reflector, there's nothing reflecting off where we don't want the light. It's all focused in the very specified range. So that allows this fixture to be significantly smaller than what you might see on a typical sports field. Sure, I get that. Is the lens on that? Is the lens actually helping the glare? The lens is helping the glare and to clarify, each LED. So there's an array of, honestly, I don't know how many LEDs are on this. I could find that out. But there's an array of 40 to 60 LEDs depending on the configuration. And each LED itself has its own little lens. So each LED is controlled in that way. That does help prevent glare. Now I want to be very careful about using the term glare because glare, it's a very personal thing. There's not a specific metric from the Illuminating Engineer Society that says this fixture will emit glare and this fixture will not. There's a lot of things that are in context with what creates glare, including what's the surrounding light. And more importantly, that it's light that's aimed into somebody's eye. We're out in the field, during operation, the light will be aimed at the ground into a space that won't have people in it. I guess occasionally you'll have the guy driving around with a cart, but it's my understanding that's typically after hours. As viewed from somebody on Route 540, it can't create glare because it's so far away that the light level has dissipated so much that the light's not entering their eye of a driver on 540. So it's not creating a glare scenario. Gotcha, thank you for that. Appreciate the answers, Michael. And just to add a little more clarification to that, these are not stadium lights at all. These are relatively low intensity lights. We've mentioned that they are linear in nature and directional as well, and the light does not go beyond 90 degrees. Generally, when they are installed and calibrated by qual light, which is the vendor, they're set between an angle of like 80 degrees and 89 degrees. So they transmit that light directionally but outward towards the plane surface as well. So again, these lights are only on the building. There are no lights on the net pole structures. These are not stadium lights, low intensity lights, again for the outdoor recreation use. Sorry, I just want to add one more thing too because I'm sure a lot of you have seen a lot of applications related to lighting. And one of the things that you'll see is either a dark sky compliant or a zero uplight fixture. And I want to clarify one point. This is not an area light. Area lights would be aimed straight at the ground, have a wide beam angle. Because this is an adjustable light, the IES does not allow it to be classified as a zero uplight fixture. That's typical of any type of light, directional light of this source including landscape lighting. And so you won't see that on the technical card for this fixture. But because of the application, because of the way this is aimed, we're not expecting any upward glare from this fixture in this application. Any other questions for Mr. North? If I could very quickly, just one follow up please. Sure. Mr. North, you talked about what a driver on 40 or 540 might be able to see if they looked in the direction of the lights. Can you discuss the same thing with respect to those apartments that are 960 or so feet away? So with respect to the apartments and I'll speak about the ones 980 some feet to the Northeast, they are basically looking at the side profile of this facility. Because of the way the fixtures are mounted and the way they are aimed, only the ones that are on the Western side of the building may at all be visible as a light source from the apartment complex. And most of that's probably gonna be blocked by the building itself. So the view from that apartment complex may only be what is in the outfield like such as the vertical poles or something like that and their illumination and that's it. There's nothing that's directed at them. There's nothing that is bright enough to reach and influence them. Light won't come into their windows. Even with high precision recording equipment, the light won't reach that facility. And could you speak very briefly to the lighting that already exists along 540 and I-40 in the area? Yes, so on both I-40 and I-540, you'll find that your typical DOT street lighting, large, we call them high mast configurations, they're 1,000 watt equivalent, probably twice as bright as each one of the fixtures that are here mounted, depend on the road anywhere from 60 to 80 feet tall. Looks like the ones on interstate 40 are about 75 feet tall. And the one where there's the interchange off of 540 on the 40, that one is also 75 feet tall. They are a very widespreading fixture. They're throwing light probably within a radius of about 150 feet of that fixture, probably more. And they are lighting the road, depending on where you're at, anywhere from 0.5 foot candles to probably about 15 foot candles. The interchange is typically going to be in a range from 10 to 15 foot candles by design as required by the DOT. So the light levels at that interchange are going to be comparable, and in some cases, brighter than the field. All right, any other questions for Mr. North? Mr. Burns, who's next? Mr. Martin. Good morning. I am Jarvis Martin. I'm a principal with the firm of Stuart, Martin and McCord. I reside at 3608 Mostail Avenue here in Durham. I've had the privilege to be in business here in Durham for over the past 40 years, and had the opportunity to speak before this commission on several times in the past couple of years. At the request of the applicant, my client, I did visit the site in question, as well as tour the surrounding neighborhood to get a feel for what was adjacent and in proximity to this location. The point of my involvement was to look at this extended lighting period to see if it would have any adverse impact on the markability of value of these surrounding properties. I was fortunate to find a very comfortable location of this facility over in Raleigh, which is the Drive Shack, which is pictured in my report. And also after visiting that site, I was able to determine that right adjacent to the Drive Shack curry illustrated in my report is a high-end townhome development that actually abuts the driving range field. Again, looking at this location, we did an analysis of the sales over the past couple of years to gauge if there may have been any adverse impact from pricing, market demand, days on market with these townhouses being in close proximity of this development, which is also lighted into the extended hours of the evening. And doing so, we looked at a second development which was approximately a mile away would not have the influence of the lighting. The inside Wade townhouse development to gauge if there was any market impact. And from the information provided in my analysis, we could not see where there was any adverse impact as it relates to the Trinity townhouses versus as it relates to the Wade townhome development. Based upon that analysis, I came to the conclusion that the dis-proposed complex would be in harmony with the surrounding neighborhood that this proposed complex would not have any adverse impact on the surrounding neighborhood nor would it adversely impact the value or property demands of the surrounding properties that are in proximity. That the markability of those properties should not have any adverse impact based upon the data in this study. Also looking at the fact with the proximity of this development and relationship to the interstate highways that the lighting aspect would be somewhat in harmony with whatever exists there and that again, that the extended hours illumination given the fact that the office building which is in close proximity during the hours of being requested typically would be vacant. And that as discussed earlier, the apartment complex which is over 900 feet away across the pond, the lights are not directly directed towards that area. So I've come to the conclusion that the request for the additional lighting hours would not have any adverse impact and that the additional operating hours would not have any impact in terms of traffic noise or use and recommend approval of a special use permit open for any questions. Any questions for Mr. Martin? I'm flipping through here. I don't see any. Thank you, Mr. Martin. Mr. Burns, I'll turn it back over to you. Any? Thank you. Just a quick summation and then an additional opportunity to ask questions if any. And then I think we're done. As Eliza mentioned to start, there are three general findings that the board needs to consider. And then there are a limited number of review factors limited by the ordinance here. The first of those general findings is that the site is in harmony with the area. Eliza, if I can get you to flip back to the site plan, please. I'd like to just a minute about that. Are you referring to like the very beginning before we got into this presentation? That was right there. This one right here is okay. That one right there. I'm sorry, I was not more specific with the... And I think you said you're not able to zoom in. Is that correct? Let me play around with my computer that I'm utilizing as I think of a long queue. That's all right, Eliza. I think everyone has seen a paper copy of this. So let's not take that technology risk. Okay, thank you. Of course. So the first review factor is it's in harmony with the surrounding area. To the south, you have the intersection of I-40 and 540. That is as you've heard illuminated and you can see on the site plan those high mass lights that are there and that they will be illuminated always. Moving around to the bottom of the screen, you see an office park that will have parking lot lights that are illuminated. And as you come further around to the left side of the page, you get to the page road I-40 intersection. That intersection is likewise illuminated with more of those high mass lights. So there's a substantial amount of light around everything on the left and right margins of that site plan and across the bottom margin of that site plan. And you heard Mr. North say that there would be no glare or distraction for any of the drivers on I-40. In fact, his heat map, which I'll flip back to in just a moment, but not yet Eliza, shows that the light and the way it's oriented is not going to leave the site in any way that creates a glare distraction that it is instead much like a star. You can see it if you look for it, but it's not going to be intrusive for you. Moving around to the northern side of the site, you will see that there is substantial existing tree save and buffer created by the wetland on the property. Certainly there's some small amount of impact there with respect to the power line that cuts across the end of the site. And then across the lake, there is additional amount of buffer that is required to be there because of the wetland that will never go away. That total distance there is substantial, not quite a thousand feet, but approaching a thousand feet. And you've heard that if a resident of those apartments were to look in the direction, they might be able to see a light fixture, but perhaps not depending on where they were on that property. And again, with respect to the lighting, it would not create glare or distraction. It would be more akin to a star. You could see it if you looked for it, but it wouldn't be intrusive into your world. So on those basis, we would conclude and would ask you to conclude that it's in harmony with the surrounding areas and that it won't have any negative impact. You heard certainly Mr. Martin testified that it would not have any negative impact in his opinion, including impact on property value. Similar with respect to your next review finding, which is whether the additional hours of operational impact adversely impact the health and safety. Again, because the lighting is not likely to reach anybody, we would argue and ask you to find that there is no adverse impact on any of those surrounding areas. I skipped over one of your review factor and that is the absence of special requirements. There are no special requirements here. So there's not any reason to consider that. That then moves us into the special factors. And again, there are only four of them. The first of those is lighting and at the risk of belaboring a point allows you if you could flip back to the lighting map. You heard Mr. North speak to that. And as you can see, there really is no lighting that's anticipated to leave property. The light might be visible if someone went to look in that direction, but in terms of light, leaving the property and creating layer that would be distracting. There isn't any anticipated and certainly the pictures if you saw the Arizona facility bore that out. The other factors, the effect on nearby properties I've already discussed, compatibility I've already discussed and then consistency with the policy this creates job opportunities that creates outdoor entertainment and creates the opportunity for physical activity, all of which are supported by the UDO. And so on those bases, we would ask that you support this and grant special use. I'm happy to answer questions, but otherwise I am concluded. Thank you. Thank you, Mr. Burns. Any questions for all right, Chad, I see your hand up first, go ahead. Thank you. Thank you, Mr. Chair. Thank you, sir. I appreciate it. I appreciate the time and effort that you guys have put into this. I just had one question for you and I wanna clarify for my own mind just so that I'm 100% clear. This facility could turn those lights on and operate with those lights on any day of the week inside the hours that are allowed under the UDO without need for a special use permit. You could operate this facility and there wouldn't be any need for us to talk about it. What's really come up is that you're seeking to operate the lights after the UDO limitations. And so that leads to my question, which is, are there any alternatives? Are there any other approaches that Topgolf has employed in other places or that you guys could think of that would allow us to avoid the need for this minor special use permit already? You indicated the lights are like a parking lot, five foot candles or so, aimed towards the ground, they don't illuminate all of the outfield. I'm assuming that you are using some kind of technology out in the outer part of the outfield that allows you to conduct maintenance without need of the light. So I'm just curious, in other places or in your experience, are there alternatives that you guys could consider that would avoid your need for this minor special use permit altogether? Mr. Meadows, I'll answer that question. Hopefully you can hear me. This is Todd Waldo. The request we have you is absolutely necessary to in order to bring Topgolf to Durham. Given the limitations that exist today within the ordinance, we would not be able to operate just our business on the weekends to our 2 a.m. closing period. And the maintenance after hours is extremely necessary in order to prep for the next day of business. So we have not employed any other strategies. One thing I would offer with the lighting is we are able to adjust the light levels. So although the intensity of the light which is shown on this exhibit, exhibit 17 is necessary for the gameplay activities, we certainly do not need that same intensity for the maintenance operation. And we have the ability to modify the light levels to reduce them 25% or whatever it may be, such that after the gameplay and the guests have left the venue that for our maintenance operations, we do not need that same level of light. Those are things that we have accommodated in the past with other municipalities. More so when we are in close proximity to residential, multi-family or other residential type of uses. As you can see here on this exhibit, we are separated by a fair distance from any other type of use here. And certainly the orientation of our venue is such that it minimizes and pretty much reduces to zero any type of lighting impact on the multi-family use to the east of us. So we feel that given the context of the surroundings that we would again ask the board to approve our request. Thank you. All right, any other questions for the applicant? Regina has her hand raised. Ms. Delacy. Thank you, Delacy. I have a question for Eliza about the review factors. There's no review factor just to be clear that requires us to consider the wetland above and the effect on wildlife. Is that correct? That is correct. Usually there's that environmental protection review factor. That's the one I was asking about. That is not a part of the ones here. It's really just the lighting, the effect on nearby properties, which is more about the noise, traffic, and other factors, compatibility, and the consistency with policy. So the nearby neighbors might be geese or deer, but they don't vote per the findings, yeah. OK, thank you very much for clearing that up, Eliza. You're welcome. Any other questions for the applicant? All righty, I'll ask this. Has someone who has worked with lots of apartment owners and operators throughout the country, but have you guys had any discussion with either the management company or the owner of the apartments across the way here? No, sir, we have not. OK, all right. Any other questions before we have deliberations and, well, perhaps a staff recommendation and deliberation? Eliza, you want to give us a recommendation? Yes, staff recommends the approval of minor special use permit B2000012, with the condition being that the improvement shall be substantially consistent with the information and plans submitted to the board as a part of the application. All right, thank you. Can you exit out of this? Yeah, I was going to do that for you now. If we need to bring it back up, Todd and everyone from the team, if you could just say the exhibit and I'll have it queued, so I'm not shifting through it. Absolutely. Let's have some discussion. We've heard from the applicant. We've got a staff recommendation. What are some thoughts that you all have? Board members? Retchless here. Being this is a narrow window of request, being the middle of the night, I agree to the location. I'm for the applicant. Regina? Lacey, they're asking for light, not sound. And if it were fireworks, I'd have a big problem with it. And if it were a sound system, I'd have a big problem with it. But they've really done a significantly impressive job at focusing the light toward their actual property. I think it would be a lovely thing if sporting venues would do the same thing. But this looks pretty good. Thank you. All right, anyone else? This is Meadows. I agree that it's a great site for this use. It's hard to think of a better use in a location like that. The city, the county, zoned that land on the north side of the pond to mix use, meaning that they thought or the comp land thought that that area was appropriate for people to live. So that's the zoning that's there, and there's apartments that are out there now. I agree that the technology that they are using is the best that we can muster as humans right now for dealing with light over spill and so forth. I remain fairly concerned that those apartments will see those lights through their windows. I know they're not going to be looking for those lights through their windows, but if they don't have blinds over their windows at night, they'll see those lights, the lights from the building at the portion closest to the highway. The site is 350 feet above sea level. The lights are 42 feet on top of that. So that's 392 feet above sea level. Those apartment buildings are also built at 350 feet above sea level in their two stories. So those folks, they will see the light. Is it going to be bright? I don't know. The issue really is they're going to see that light every night until 3 AM through the week and then 5 AM on the weekend. So I think they've done everything they can do. I wish that there was some more screening that could go in for those apartments. But I think that they've passed, in my opinion, they've done what they can do. So that's where I'm coming from. Thank you. Thank you, Mr. Meadows. One thing to note is that when we can have these deliberations and consider how we vote, I mean, we must take in the expert advice and opinion on this. I don't think any of us that set one person on this call as a lighting expert other than Mr. North. So I just want to mention that. Anyone else? I've got a couple of ideas. But I want everyone else to have an opportunity before I get in. All right. Mentioning about the apartment community, and I'm definitely not talking for these folks, and I don't know how they feel about it. Obviously, they're not here. But I know that apartment communities, now it's all about amenities and what you can provide and what convenience you have by living in that location. And the proximity is also. And I'm wondering how residents and also the owner and operators, the management company, upset apartment community, feel about something like this. I could see it both ways. Actually, I would imagine that this would be an incredible, a new amenity, excuse me, a new amenity almost, if you will, because it looks like they probably could walk from that apartment community to this mixed use development. I do see your point, Chad, about the lights. At the same time, when I look at the plans there, I mean, it seems like it's all pushing out toward 540, and it's even with that vegetation. And then you've got the buffer of the lake and then more vegetation on the other side of that. My concerns kind of quickly go away with that. So I'm right there. I think I shared some sentiments as Mr. Lacey and Mr. Retchless, although I do understand you're where you're coming from, Chad. Anyone else have anything to offer from the board? All right, well, is there a motion? Retchless, I hereby make a motion that application number B20000012, an application for a minor special use permit on property located at 4865 and 4901 Page Road, has successfully met the applicable requirements of the Unified Development Ordinance and is hereby granted subject to the following conditions. Only improvements shall be substantially consistent with the plans and all information submitted to the board as part of the application. All right, we've got a motion to approve. By Mr. Retchless, is there a second? Lacey second. Seconded by Mr. Lacey. Susan, would you like to call each member? Sure, Mr. Lacey. Yes. Mr. Kip. Yes. Mr. Meadows. Yes. Mr. Rogers. Yes. Mr. Retchless. Yes. Ms. Weymour. Yes. Ms. Major. Yes. Motion carries seven to zero. By unanimous vote of seven to zero, your minor special use permit has been granted. We appreciate you coming before the BOA this morning. Wish you the best. Thank you very much. Have a great day. Thank you. All right, moving on, I don't think seeing that we, this is our only case for this morning. I don't see that we have any old businesses there. I don't see any new business on the agenda. Does anyone have anything to bring up? Eliza, staff here, just wanted to kind of give an update and with regards, and Jessica also has her hand raised, so I will order her in a second too. Just wanted to give an update with regards to the appeals, which have popping up and then disappearing and popping up and then disappearing. That is something we're trying to place them on agendas and they will request to be placed. And then lately, we've just been getting a notice saying nevermind, we don't think we're going to go this month, maybe next month. So I do apologize for that confusion and these past two meetings, which have been fairly empty, but we're not, we're trying to fulfill both the customer service as well as they're also working on things offline between the two different parties of the two different lawyer firms. So I do want to just kind of go on and explain that and why that keeps happening and why we have these very light meetings. And I want to thank everyone for being willing and able to be next week so that we can meet with people that were bumped off of this meeting to make room for the appeals that we can hear. So I just wanted to come on and say thanks for that and I'll see you all next Tuesday. Liza, I appreciate that. And I'll mention that while I truly appreciate the customer service that you guys are providing for these folks and the community, you know, we added this extra meeting for these folks and I'm surely I hope that they take advantage of it next month. Back and forth. Jessica might have something to add. Do you have anything? I was just actually talking. Sorry, go ahead. So Eliza was getting ready to tell you that if they come back to us, it will most likely be February. We're not going to move anything in January because that's already mostly full. Good, sounds good. But what I came on to say is that we still need to vote for the order. Yes. Lacey question. How big is the agenda next month provided we don't have those appeals that you guys said you're not having until February? So, okay. One clarifying point. The appeals are just motions. So the actual appeal case, very much to the Durham-Grinsley market appeal, they are wanting to be heard in person for the actual appeal hearing. So what would be coming would be motions from the two different parties, the appellants as well as those representing the applicant for the site plan. January. So we have four meetings next Tuesday and January is looking like six possible hearings and then possibly one depending upon if the site plan wraps up over Christmas. So it will be seven. So it won't be as full as the ones that we had back in July when we had those super long meetings back to back, but it will be a pretty full agenda to which it's too full for us to add those motions because our thought process is those motions will be pretty long as they're arguing for a couple of different things. Lacey, so this means we're going to have mid-morning break and a small lunch break if it should run so long? For the motion hearings? For next week. Oh, next week there are only four. Oh, okay. January is about six or six down. One's a possible. Motions, I do not know how long those will go because the documents they submitted are pretty hefty. One of them is about 110 pages. Oh, Jeepers. And you have to think of the, within nature to the appeal. So we shall see. Can we get those really soon? So they've been popping up on the agenda each time but we've been taking them off because, yeah. So we have them and I can definitely, they're public records, I can send them out to you all today if you want to see. I don't know if there'll be changes in between when they actually just choose to go and what we have today, but I can still send them to you all. I'd like to see. When we got that 113 page addition in the very morning, that really didn't give us sufficient time to give enough attention unless you got up really early. So I appreciate that so much, Eliza. Yeah, no problem. We'll say this, if we have a long meeting, we could take as many breaks as we want. I'm fine with that. Jessica, I know you had your hand raised, sorry. Yes, I just wanted to say that my schedule changed and now I'm not available next Tuesday. Thank you. Sorry. Thanks for letting us know. I think we still have enough reform. So that's for, thank you for letting us know though. And I'm gonna say this again, but I truly appreciate everybody showing up to all of these meetings that we have. This has not always been the case and to have everyone here is really great. We've been on approval of order. We don't have the travel time we used to have. It's much easier maybe. We need to approve the order for today. We'll need a motion and a second on this for B2000012. Is there a motion to approve this order? Ms. Delacey, your lips are moving. I'm gonna think of that. Okay, Delacey, I make a motion. We approve this order. Sorry, you got the clicking wrong. Is there a second? Regulus second. Mr. Regulus and then Susan, you wanna call everyone? Ms. Delacey? Yes. Mr. Kip? Yes. Mr. Meadows? Yes. Mr. Rogers? Yes. Mr. Regulus? Yes. Ms. Waimour? Yes. Ms. Major? Yes. Motion carries seven to zero. Okay, well, we are meeting on a week from today at 8.30, December 15th is our next meeting. I guess we can motion for adjourn and see you all then. Meadows, move for adjournment. Delacey second. All in favor? Aye. Bye. Week. Bye.