Thread by @MarcusGreenWDRB

The public hearing on @Topgolf has resumed. It was continued from Oct. 1. Follow this thread @WDRBNews for updates.

First up is Suzanne Higdon, a Hurstbourne resident who starts by asking, What else in Louisville is as tall as the proposed @Topgolf at @OxmoorCenter? She says the tallest ride at Kentucky Kingdom is 102 feet tall, the Slugger Museum bat is 120 feet tall.

Higdon says neighbors living near proposed @Topgolf now have views of the night sky, a church, wildlife, rural area. (Topgolf is seeking to build at a mall located on one of the busiest, built-up roads in Louisville.)

Real estate agent Charles Ballard says people bought homes in the area because of the proximity to retail and other services. "Development should respect the long history between Oxmoor and its neighbors," says Topgolf is not compatible and violates city's comprehensive plan.

.@Topgolf would be a "late night, high-octane entertainment district," Ballard says.

Another speaker describes the project as an "entertainment district," says @Topgolf target audience is 18-35 year-old "partygoers" and not families.

She mentions 'large fishbowl drinks' served at @Topgolf and questions "a giant bar across from my children's school." Per @CaitlinBowling, this is Amy Kraft speaking.

Kraft is now comparing proximity of schools to other entertainment venues, such as Cardinal Stadium. .... Cites "Tinder Night" at a Chicago Topgolf.

Kraft notes that the pastor of St. Margaret Mary on Shelbyville Road is opposed to Topgolf. Rezoning would threaten the "nurturing" environment at nearby schools, she claims.

The next speaker, Jennifer Nichols, starts by also referring to @Topgolf as an "entertainment district." The third straight speaker to use that term, I believe.

Nichols says opponents don't have a PR firm working for them, but that's not true. @boxcarpr is representing opponents, while @RunSwitchPR is representing Oxmoor and Topgolf.

Nichols also claims police reports were filed after yard signs were stolen. (I'll request those for @WDRBNews and we'll see what kind of sign stealing is going on...)

Vince Jarboe, the planning commission chair, says he's limiting people to 1 minute and 30 seconds each. People boo. Jarboe says early speakers are monopolizing the time. He previously noted that first three speakers took up 30 minutes of 90 minutes of allotted time.

Attorney Steve Porter, who represents opponents, formally objects to Jarboe's decision to limit time. Topgolf attorney Cliff Ashburner says his side "deliberately truncated" its presentation on October 1 to stay within time limits.

"We keep hearing the same thing over and over," Jarboe says.

Porter agrees, asks opponents to make unique points.

Now up, city of Hurstbourne commissioner and resident Ben Jackson, who says he visited Topgolf in Nashville "There were six bars in that one location," he says, and claims a flyer showed it was having 24 concerts from Sept.-Feb. "That is an entertainment center," he says.

PR consultant Bob Gunnell now speaking, but says he is here as a member of Hurstbourne community. "I have an appreciation of both sides," Gunnell says.

Gunnell asks for a delay so that there can be a community conversation/compromise about where Topgolf should be.

A neighbor, Linda Surbeck-Raddatz, says residents' investments are in jeopardy but adds:

"We're not a community of people who simply want things to stay the same."

Gregory Hahn says he and his wife, who suffers from a sleep problem, live 1,200 feet away from the proposed Topgolf site. If the project is built, it will force them to leave. "Please don't run us out of our home," he says to the planning commission.

Another speaker, whose name I didn't catch, raises concerns about birds flying into nets and light disrupting star gazing.

A man is speaking. Planning commission chair Jarboe asks him to say his name. He just keeps speaking.

"Topgolf will change the character of a residential community," he says to applause. Says he has lived in cities where enterprises like Topgolf has been negative, warns that Hurstbourne will be "psychologically" affected.

He warns that Oxmoor Center will cease to be a mall and become an entertainment district.

"If you approve Topgolf you are going to create not a part of the mall, he says. "The mall is going to disappear."

Warns that "symbiotic" relationships will take over the mall.

The man gets a quite loud standing ovation from some in the crowd.

A speaker suggests neighbors deserve respect for the time they’ve put in to the community, given to charity and other acts.

Another speaker, whose name I didn't get, cites reports claiming that 25 percent of Topgolf revenue is from alcohol sales. People in crowd groan.

Says she has a three-year-old.

"Imagine people driving through the neighborhood inebriated, drunk," she says.

Jarboe has told her to stop speaking. "I'm done," he tells her after she calls Topgolf a bully.

UPDATE: We're just past the two-hour mark of the hearing.

Surgeon Bryce Schuster asks if it's wise to have a Topgolf near a senior center, where some people may be demented.

"Can we assure the safety of our children?" Says the probability of drunk drivers killing children increases dramatically with this type of facility.

A representative of St. Margaret Mary speaking now and quoting from opposition letter sent by pastor Father Bill Hammer, who has raised concerns about traffic affecting mass schedules.

Deana Epperly Karem of @GLIchamber speaking in favor of @Topgolf. Jarboe, clearly frustrated, keeps telling her her testimony already has been heard.

Jarboe abruptly calls a restroom break at 8:47 pm.

The first speaker after the hearing resumes, a pilot, is questioning the Topgolf sound study, which he claims is flawed and didn't measure full impact of noise. Claims the engineering work is misleading.

"It will severely impact the surrounding neighbors in a negative way."

The next speaker begins and is cut off immediately by Jarboe, who curtly says: "name and address. No background."

After the audience starts shouting down the man, a Topgolf supporter, Steve Porter, the attorney for the opponents, stands up and admonishes the crowd.

This is....interesting

The man, attorney Jason Woodall, says Topgolf can help save the mall.

Woman speaking now says 56 percent of opponents are from city of Hurstbourne, meaning almost half of those opposed are dispersed throughout Louisville. Jarboe tells her that testimony already has been heard.

Jarboe cuts off the next speaker: "Sir, that is not new testimony."

The next speaker says Topgolf lights will be 15.6 percent brighter than normal sunlight, warns it will change Hurstbourne.

During the break, I spoke with Sheri Donohue, a Democrat who is running for Kentucky State Senate. Her opponent, incumbent Republican Julie Raque Adams, is against @Topgolf at @OxmoorCenter.

Donohue says she supports Topgolf at Oxmoor. "I think just totally saying no, we're going to lose the opportunity to have a facility like @Topgolf here. And you know, we just can't say no to new business like that."

We're now on to @Topgolf's request for a lighting waiver, allowing it to not provide fully shielded lights for the golf driving range.

Topgolf is decreasing the light levels at the Oxmoor facility, a consultant says.

After much math discussion, consultant Keith Pharis says: "It's not going to shine in your windows. It's not going to shine in your yard."

Another consultant, Pat Dominik, says there are other opportunities for landscaping that will help cut light impacts.

Atty Cliff Ashburner: The lighting environment will be improved, the lighting output will be less than existing situation.

Ashburner said Topgolf will provide landscaping at the end of construction and has agreed to it in a 'binding element.'

Ashburner says field lights will be dimmed by 50 percent at closing and turned off two hours later. Crowd murmurs. "4 a.m.!" someone yells.

Commissioner asks if there's discussion about modifying hours of operation. Ashburner says in some communities that's a general manager decision. Standard is midnight on weekdays and 2 am on weekends.

Ashburner says standard hours appear likely.

Steve Porter, attorney for Topgolf opponents, now asking about glare.

"You will not be impaired by glare" from Topgolf field lights, consultant Pharis says.

Porter now has 30 minutes to make the opposition's case against the lighting waiver being sought by @Topgolf. Here we go....

Porter starts by calling @Topgolf a "national nightclub."

He tells the planning commission it's their job to determine if the Topgolf requests meet the land development code and comprehensive plan. Says all of the requests violate those documents.

Porter says opponents have analyzed 42 Topgolf locations and tried to look at effect of lighting and noise from direction of hitting bays. Not one of 42 is attached to an indoor shopping mall, he says. All are separate facilities.

UPDATE: We are now 4 hours into tonight's public hearing, which was continued from Oct. 1. That means that, so far, there have been 9.5 hours of debate on @Topgolf's request to rezone land at @OxmoorCenter.

I just asked a city source if we will have a vote on the @Topgolf request tonight. The answer: "It's not looking good given we have to be out of here at midnight."

So, that's where we are.

At this moment, Jarboe is asking Porter to wrap up. Porter suggests case may have to be continued -- delayed a third time -- because Topgolf supporters need equal time to respond.

We are taking another break.

Attorney Cliff Ashburner making case for Topgolf. Says some people made up their minds early on and opponents weren't willing to compromise. Singles out Porter. Claims opponents are trying to "run the clock out" on Topgolf.

Ashburner says the theme of the two sides has been “facts versus fear.”
And he says residents’ fears aren’t supported by evidence, including studies or experts, and he claims that opponents used selectively chosen videos to highlight noise concerns, for example.

Twenty minutes to midnight. Now on to the binding elements of the plan.

Chair Jarboe says "we can't finish by midnight," estimates deliberations themselves would take an hour.

The commission will decide the case at its regular meeting on Thursday, Jarboe says.

Jarboe suggests the case be first on the agenda.