Planning Commission backs pickleball courts at Russwood Drive after debate over hours and noise mitigation

The Abilene Planning and Zoning Commission voted to recommend approval of a conditional use permit for outdoor pickleball courts at 1200/1202 Russwood Drive after a public hearing in which staff and the applicant disputed how specific noise-mitigation and hours-of-operation conditions should be written.

City planner Clarissa told the commission staff had found the proposal consistent with the comprehensive plan and the land development code and recommended approval “subject to the concept plan, plan of operation [and] hours of operation be reduced to 7AM to 8PM, and also providing a way to mitigate noise.”

Tal Fillingham, agent for the property owner and developer, asked the commission to approve the CUP but to rely on the applicant’s plan of operation — which requests hours until 10 p.m. — for specific mitigation measures. Fillingham said the plan includes wind-barrier coverings along exterior fences and argued the repetitive sound of pickleball is low in decibels. “It’s about at the same as my conversation with you right now around 50 to 60 decibels,” Fillingham said, adding that the plan of operation outlines how mitigation will be provided.

Commissioners pressed staff and the applicant for clarity on what the commission would be requiring. One commissioner said they were “concerned about limiting the ability for him to operate this business past 8PM,” noting youth groups or evening uses might need later hours. Staff said it had discussed suggested conditions with the applicant and recommended leaving some mitigation specifics to the applicant so the owner could assess practical materials and costs.

Several commissioners expressed sympathy for both sides: wanting to avoid imposing undue costs on a small business while ensuring nearby residents are protected from excessive noise. Commissioners also raised concerns about outdoor music or speakers: the applicant acknowledged city nuisance ordinances already limit loud music and that any business could be subject to enforcement if it became a nuisance.

After discussion, Commissioner Kevin moved to approve the CUP subject to the concept plan and the plan of operation (omitting staff’s last two bullets that had specified reduced hours and a prescriptive noise-mitigation requirement). The motion was seconded and carried on a voice/roll-call vote with all commissioners recorded as voting yes.

The commission’s action is a recommendation to the City Council; the council will receive the commission’s recommendation and may take final action on the conditional use permit at a future meeting.