# Planning Commission Zoning Public Hearing - November 29, 2018 > Auto-transcribed civic record · November 29, 2018 - **Permalink**: https://meetings.lexingtonky.news/meeting/4644 - **Source video**: https://lfucg.granicus.com/player/clip/4644?view_id=14&redirect=true - **Date**: 2018-11-29 - **Last revised**: November 29, 2018 - **Length**: 4,862 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Urban County Planning Commission met on November 29, 2018, at 1:30 PM in the Council Chamber on the 2nd Floor of the LFUCG Government Center at 200 East Main Street in Lexington, Kentucky, with Bill Wilson presiding as the presiding officer. The commission addressed six agenda items during the session, taking six votes on various zoning and development matters throughout the meeting. Four of the six items were postponed, while two items received approval from the commission. No public comments were heard during this meeting, and no presentations were recorded in the meeting proceedings. The meeting focused primarily on zoning map amendments and development plans, with the commission dealing with a mix of industrial, commercial, and residential development proposals. The postponed items included the Leestown Industrial Park Unit 3, Justice Plaza LLC zoning map amendment with Man O' War Development Unit 2A Lot 10, JLG Land Co. zoning map amendment with Rollie Bishop Carroll Sr. property zoning development plan, and LATA LLC zoning map amendment with Bryan Property Lot 2 amended zoning development plan. The two approved items were the Whitesburg Re Development Co. Ltd zoning map amendment and the Masterson Station Center (Citation Village) amended zoning development plan, indicating the commission was able to move forward with these particular development proposals while requiring additional review time for the other four matters. ## Attendance The following members were present at the November 29, 2018 meeting: • Bill Wilson • Headley Bell • Will Berkley • Larry Forester • Karen Mundy • Bruce Nicol • Frank Penn • Graham Pohl • Carolyn Plumlee Two members were absent from the meeting: • Patrick Brewer • Mike Owens No members arrived late to the meeting. A total of 9 members were present out of 11 total members. ## Votes and Decisions The commission took action on six items during the November 29, 2018 meeting, with all votes passing unanimously 9-0. **Postponements** The commission postponed four development projects to future meetings [timestamp: 10:00-25:00]: • **PLN-MJDP-18-00081**: Karen Mundy motioned to postpone LEESTOWN INDUSTRIAL PARK, UNIT 3 to January 10, 2019, seconded by Carolyn Plumlee. The motion passed unanimously 9-0 [timestamp: 10:00]. • **PLN-MAR-18-00015**: Frank Penn motioned for indefinite postponement of JUSTICE PLAZA, LLC ZONING MAP AMENDMENT & MAN O' WAR DEVELOPMENT, UNIT 2A, LOT 10, seconded by Larry Forester. The motion passed unanimously 9-0 [timestamp: 15:00]. • **PLN-MAR-18-00021**: Carolyn Plumlee motioned to postpone JLG LAND CO. ZONING MAP AMENDMENT & ROLLIE BISHOP CARROLL, SR. PROPERTY ZONING DEVELOPMENT PLAN to January 24, 2019, seconded by Karen Mundy. The motion passed unanimously 9-0 [timestamp: 20:00]. • **PLN-MAR-18-00023**: Frank Penn motioned to postpone LATA, LLC ZONING MAP AMENDMENT & BRYAN PROPERTY, LOT 2 (AMD) ZONING DEVELOPMENT PLAN to January 24, 2019, seconded by Headley Bell. The motion passed unanimously 9-0 [timestamp: 25:00]. **Approvals** The commission approved two projects [timestamp: 50:00-55:00]: • **PLN-MAR-18-00025**: Karen Mundy motioned to approve WHITESBURG RE DEVELOPMENT CO., LTD ZONING MAP AMENDMENT, seconded by Larry Forester. The motion passed unanimously 9-0 [timestamp: 50:00]. • **PLN-MJDP-18-00091**: Karen Mundy motioned to approve MASTERSON STATION CENTER (CITATION VILLAGE) (AMD) ZONING DEVELOPMENT PLAN, seconded by Larry Forester. The motion passed unanimously 9-0 with nine conditions set forth by staff [timestamp: 55:00]. All nine commissioners voted in favor of each motion: Bill Wilson, Headley Bell, Will Berkley, Larry Forester, Karen Mundy, Bruce Nicol, Frank Penn, Graham Pohl, and Carolyn Plumlee. ## Appointments The council took action on one appointment during the meeting. **Graham Pohl** was appointed to the Urban County Planning Commission. The appointment was processed as part of the council's regular business for filling positions on various boards and commissions that serve the local government. ## LEESTOWN INDUSTRIAL PARK, UNIT 3 [timestamp: 10:00] The Planning Commission considered agenda item PLN-MJDP-18-00081 for Leestown Industrial Park, Unit 3 during the November 29, 2018 meeting. Matt Carter served as a key speaker for this discussion item. The primary issue that emerged during consideration of this development proposal centered on access concerns related to Alexandria Drive. Specifically, questions arose regarding access to Alexandria Drive and the removal of access as outlined in the Preliminary Development Plan for the industrial park unit. Due to these unresolved access-related questions, the Planning Commission determined that additional information and clarification were needed before proceeding with their review. The commissioners required more details about the proposed access modifications and their implications for the development before making a decision on the project. As a result of these outstanding concerns, the Planning Commission voted to postpone consideration of PLN-MJDP-18-00081. This postponement allows time for the applicant and staff to address the access questions and provide the necessary clarification regarding the Alexandria Drive access provisions and any proposed removals as specified in the Preliminary Development Plan. The postponement ensures that all access-related issues can be thoroughly reviewed and resolved before the Planning Commission makes a final determination on the Leestown Industrial Park, Unit 3 proposal. ## JUSTICE PLAZA, LLC ZONING MAP AMENDMENT & MAN O' WAR DEVELOPMENT, UNIT 2A, LOT 1 [timestamp: 15:00] The Planning Commission considered agenda item PLN-MAR-18-00015, a zoning map amendment request for Justice Plaza, LLC regarding Man O' War Development, Unit 2A, Lot 10. Brandon Gross spoke on behalf of the petitioner during the discussion. The petitioner requested an indefinite postponement of the zoning map amendment application to allow time for potential modifications to their proposal. The reason for the postponement was the petitioner's consideration of amending their application to include an additional adjacent piece of property. This would require revising the scope and details of the original zoning map amendment request. The Planning Commission granted the petitioner's request for indefinite postponement, allowing Justice Plaza, LLC the opportunity to reassess their development plans and potentially expand the application to encompass the neighboring property they are considering adding to the project. **Outcome:** The agenda item was postponed indefinitely at the petitioner's request. ## JLG LAND CO. ZONING MAP AMENDMENT & ROLLIE BISHOP CARROLL, SR. PROPERTY ZONING D [timestamp: 20:00] The planning commission considered agenda item PLN-MAR-18-00021, a zoning map amendment and development plan for JLG Land Co. and Rollie Bishop Carroll, Sr. property. Matt Carter, representing the petitioner, addressed the commission and requested a postponement of the item. Carter explained that the petitioner needed additional time to address concerns that had been raised by neighboring property owners regarding the proposed zoning changes and development plan. No detailed presentation of the zoning amendment or development plan was made during this meeting, as the focus was on the postponement request. The specific nature of the neighbors' concerns was not elaborated upon in the discussion. The commission granted the petitioner's request, and the item was postponed to allow time for the petitioner to work with the affected neighbors to resolve their issues. No vote was taken on the merits of the zoning amendment or development plan itself. The postponement allows JLG Land Co. and the Carroll property interests to engage in further dialogue with the community before returning to the planning commission for consideration of their zoning map amendment and development plan proposal. ## LATA, LLC ZONING MAP AMENDMENT & BRYAN PROPERTY, LOT 2 (AMD) ZONING DEVELOPMENT [timestamp: 25:00] The planning commission considered agenda item PLN-MAR-18-00023, a zoning map amendment and development plan for LATA, LLC regarding Bryan Property, Lot 2. Matt Carter spoke on behalf of the petitioner during the discussion. The primary development at the meeting was that the petitioner requested a postponement of the item to allow additional time to meet with planning staff. No detailed presentation of the proposed zoning amendment or development plan took place during this meeting, as the focus was on the postponement request. The specific details of what zoning changes were being sought or what type of development was planned were not discussed due to the early postponement. The planning commission granted the petitioner's request, and the item was postponed to a future meeting date. This postponement will provide the applicant with the opportunity to work more closely with city planning staff to address any preliminary concerns or requirements before bringing the matter back before the commission for full consideration. The brief nature of this agenda item reflects the common practice of allowing applicants additional preparation time when they determine that further coordination with staff would be beneficial before proceeding with formal review and public hearing processes. ## WHITESBURG RE DEVELOPMENT CO., LTD ZONING MAP AMENDMENT [timestamp: 50:00] The planning commission considered petition PLN-MAR-18-00025 submitted by Whitesburg Re Development Co., Ltd for a zoning map amendment. The petitioner requested rezoning to the Planned Neighborhood Residential (R-3) zone to accommodate the construction of 41 townhouse dwelling units. Key speakers during the discussion included Tom Martin and Bruce Simpson, who presented details about the proposed development and zoning change. The speakers outlined the specifics of the townhouse project and explained how the R-3 zoning designation would support the planned residential development. The commission reviewed the merits of converting the property to Planned Neighborhood Residential zoning, which would allow for the higher-density townhouse construction proposed by Whitesburg Re Development Co., Ltd. The R-3 zoning classification is designed to accommodate planned residential developments that provide housing options beyond traditional single-family homes. Following the presentation and discussion of the proposal, the planning commission voted to approve the zoning map amendment. The approval allows Whitesburg Re Development Co., Ltd to proceed with their plans for the 41-unit townhouse development under the newly designated R-3 zoning. This zoning change represents a shift toward higher-density residential development in the area, providing additional housing units through the townhouse format while maintaining the residential character of the neighborhood through the planned development approach. ## MASTERSON STATION CENTER (CITATION VILLAGE) (AMD) ZONING DEVELOPMENT PLAN [timestamp: 55:00] The Planning Commission reviewed the development plan for Masterson Station Center (Citation Village), identified as PLN-MJDP-18-00091. This development plan was associated with a zoning map amendment by Whitesburg RE Development Co., Ltd. Tom Martin served as a key speaker during the discussion of this agenda item. The commission evaluated the proposed development plan and its compliance with zoning requirements and development standards. Following their review and discussion, the Planning Commission approved the Masterson Station Center (Citation Village) development plan. The approval came with nine specific conditions that must be met as part of the development process. The exact details of these nine conditions were not specified in the available materials, but they represent requirements the developer must fulfill to proceed with the project. The approval of this development plan allows Whitesburg RE Development Co., Ltd to move forward with their proposed development at the Masterson Station Center location, subject to meeting all nine stipulated conditions. --- ## Decisions - **PLN-MJDP-18-00081** — postponed (9-0): Postponement of LEESTOWN INDUSTRIAL PARK, UNIT 3 to January 10, 2019 - **PLN-MAR-18-00015** — postponed (9-0): Indefinite postponement of JUSTICE PLAZA, LLC ZONING MAP AMENDMENT & MAN O’ WAR DEVELOPMENT, UNIT 2A, LOT 10 - **PLN-MAR-18-00021** — postponed (9-0): Postponement of JLG LAND CO. ZONING MAP AMENDMENT & ROLLIE BISHOP CARROLL, SR. PROPERTY ZONING DEVELOPMENT PLAN to January 24, 2019 - **PLN-MAR-18-00023** — postponed (9-0): Postponement of LATA, LLC ZONING MAP AMENDMENT & BRYAN PROPERTY, LOT 2 (AMD) ZONING DEVELOPMENT PLAN to January 24, 2019 - **PLN-MAR-18-00025** — passed (9-0): Approval of WHITESBURG RE DEVELOPMENT CO., LTD ZONING MAP AMENDMENT - **PLN-MJDP-18-00091** — passed (9-0): Approval of MASTERSON STATION CENTER (CITATION VILLAGE) (AMD) ZONING DEVELOPMENT PLAN --- ## Full transcript Everybody have fun tonight Everybody have fun tonight Everybody want to jump tonight Everybody have fun tonight Everybody want to jump tonight Everybody have fun tonight Everybody. Everybody. Everybody. Everybody. Everybody. Sweet wonder for you You make me happy with the things you do Oh, can't it be so This feeling follows me wherever I go I never could believe in miracles But I have a feeling it's time to try I never could believe in the ways of magic And I'm beginning to wonder why I did believe in miracles I never feel it's time to try I did believe I'm picking up good vibrations She's giving me excitations I'm picking up good vibrations Bop, bop, excitation Good vibrations Excitation Good vibrations Excitation Welcome you to the November the 29th, 2018 Urban County Planning Commission meeting. I'd like to welcome all those of you in the audience. I'd like to welcome all of our staff, and I'd like to certainly welcome all of my colleagues here on the commission. And with that, I'd like to officially, first of all, introduce our newest commission member, Mr. Graham Pohl. and I've indicated I'd give him a couple of minutes to tell us who he was and what he did for his summer vacation and anything else he'd like to tell us about himself. Mr. Powell. Thank you. I'm happy to be here. I'm honored to be here. My background is primarily in architecture, although my first job in 1977 was with the state of Kentucky doing planning. I was a co-author of the state's one and only comprehensive land use planning document, which most people have no idea exists, and went immediately on a shelf where it's been gathering dust ever since. But I worked there for about eight years, and then I went back to school, got a master's in architecture, and worked as an architect for other firms for a little while, and then started my own practice. I practiced architecture here for about 25 years on my own and just recently retired. So that's it in a nutshell. Thank you. I've also served on the Board of Architecture Review for over eight years and the Courthouse Area Design Review Board. Well, good. Well, thank you and welcome again to our commission. And rest assured, your talents will be put to good use here as it relates to it. By the way, you may not have known or did you read the small print that says you're on this commission for life? or did you just over and make sure you told me i have to wear a tuxedo next time too well that's that's true i've told you a lot of things right let's move on with the approval of the minutes ms plumley thank you move approval of october the 25th minutes and november the 8th minutes as corrected second okay it's been moved that we approve october the 25th 2018 and november the the 8 2018 minutes as corrected. Any discussions on the motion hearing now, would you please vote when it comes up on your screens? Okay, the motion carries postponements and our withdrawals. Good afternoon, ladies and gentlemen, Brandon gross on behalf of the applicant for justice plaza, which is on page two, number one at the bottom of your page. We were here for a postponement previously with the B6P changes. I believe my client is going to amend our application to include an additional adjacent piece of property to this application, but we are currently in the middle of constructing a hotel on that piece of property right now. So what we'd like to do is ask for an indefinite postponement because I do not think we'll be back before you until February or March at the earliest. Anyone in the audience like to speak to this agenda item? Anyone on the commission? If not, we're ready to entertain a motion for indefinite postponement. Mr. Chairman? Yes, sir, Mr. Penn. I move for indefinite postponement for PLNMAR 1815. Okay. It's been moved by Mr. Frank Penn, seconded by Mr. Larry Foster, that we have an indefinite postponement for PLNMAR 18-18 Justice Plaza, LLC. Mr. Penn, that should include the development plan as well, right? I will amend my motion to include the development plan. Thank you. Okay, and we'll amend the restated motion then. It includes the motion in addition to the development plan. Any discussions on the motion? Hearing no, would you please vote when it comes up on the screen? Okay, motion carries. Thank you. Knock on wood, this finishes my items for you this year, so I hope you all have a nice holiday, and I'll see you next year in January. We're looking forward to it. Thank you. Mr. Chairman and members of the Commission, my name is Matt Carter with Vision Engineering. I have three postponements requests today. On the first page of your agenda, PLNMJDP18-00081, Leastown Industrial Park. I'd like to postpone this to the January 10th hearing. The reason is just I need more time to have discussions with the staff before it moves forward. Anyone in the audience like to speak to this agenda item? Anyone on the commission? We'll entertain a motion for a postponement. Okay. Ms. Mundy. Thank you, Mr. Chair. At this time, I will move for postponement until January the 10th of 2019 for Plan MJDP 18-81, Leastown Industrial Park, Unit 3. It has been moved by Ms. Karen Mundy, seconded by Ms. Carolyn Plumlee, that we postpone PLNMJDP 18-81 Leestown Industrial Park Unit 3 until January the 10th, 2019. Any discussion on the motion? Hearing none, would you please vote when it comes up on your screens? The motion carries. We'll see you on January the 10th. Go ahead. Also on page four of your agenda, item two, JLG Land Company Zoning Map Amendment and Raleigh Bishop Carroll Senior Property Zoning Development Plan. There's the zone change and the corresponding development plan that goes with it. I would ask for a postponement to the January 24th hearing on this. And on this one, we've met with the neighborhood, and they had a lot of concerns, and so we want to spend more time trying to address their concerns before we move forward. Anyone in the audience like to speak to this postponement recommendation? Hearing none. Anyone on the commission? If not, yes, ma'am, Ms. Plumlee. Mr. Chair, we're close to our PLM MJBP. Could we also indicate the corresponding development plan also? Correct. Okay. It's been moved by Ms. Carolyn Plumlee and seconded by Ms. Karen Mundy that we postpone until January the 24th PLNMAR 18-21 JLG Land Company, along with the corresponding development plan, which is PLNMJDP 18-84, the Raleigh Bishop Carroll Senior Property. Any discussion on the motion? Hearing no, would you please vote when it comes up on your screens? Okay, that motion carries. Thank you. We'll see you January the 24th. And then for my final postponement on page five, on your agenda, item three, LATA, LLC, Zoning Map Amendment, and Bryan property, lot two amended zoning development plan. And this is zone change with corresponding development plan as well. And on this one, I just needed more time to meet with the staff and see if we can come to a better agreement than we currently have. Anyone in the audience like to speak to this recommended postponement? Not anyone on the commission? Not will entertain a motion for postponement? January 24th. January 24th. And in your motion, would you also include the development plan also? I'll do it. Mr. Chairman? Mr. Penn. I move the postponement of January 24th of PLN MAR 18-23 and also the development plan PLN 180088 until the January 24th meeting. Any discussion? It's been moved by Mr. Frank Penn, seconded by Mr. Healy-Bell, that we postpone until January the 24th, PLN MAR 18-23, as well as the corresponding development plan, PLN MJDP 18-88. Any discussion on the motion? Would you please vote when he comes up on your screens? Okay, that motion carries. Thank you. Thank you. We only have one other agenda item. Would someone like to postpone that as well? Moving right along. We'll set up to hear that one. It's on page 5, Whitesburg Redevelopment Company. Good afternoon, Mr. Chairman and members of the commission. We are looking at PLN MAR18-00025, Whitesburg Redevelopment Company, LTD. Today the applicant is seeking to change the zone from a restricted highway service business B3 zone to a planned neighborhood residential R3 zone for 6.41 net and 8.69 gross acres, located at a portion of 2679 Lee's Town Road the petitioner is proposing a rezoning to the planned neighborhood residential R3 zone for to construct 41 townhouse dwelling units at a residential dwelling residential density of 6.4 units per acre for members of the zoning committee this represents an increase of two townhouses caused by an adjustment of the development plan since committee meeting mr martin will be talking about that in greater detail later the subject property is located along the east side of leasetown road us 421 a major or minor arterial roadway which has been recently improved and widened to a four-lane highway while the current address is located along leasetown road any future development will front on ferndale pass robinson way or citation boulevard and will have an internal private roadway system ferndale pass is a local street that intersects citation boulevard at a signalized intersection with mercer road citation boulevard borders the southeastern eastern side of the site and currently acts as a major collector street the two streets local streets stubbing into the ferndale pass area reach into the neighborhoods back behind coming right over here And then Robinson Way, a local street, forms the westernmost edge of the property. Proposed access to the site is along Ferndale Pass and Robinson Way. This is just a closer detail. The subject property is surrounded by various land uses and zoning. Residential zoning is located west and north of the subject property and includes single-family residential, R1E zoning, and planned residential neighborhood, R3 zoning. There is also a small portion of R1C, single-family residential, right over here. Located to the north of the property, there are two large lots that are zoned professional office, P1. The P1 zoning is located along the eastern and southern eastern edges of the site as well. And portions of the property bordering this development are light industrial, I1. There is one parcel that is zoned agricultural urban AU located to the south of the property across Alexandria Drive, which is currently being used as an AT&T telecommunications site. There is clear separation of residential development and industrial development within this area. The residential development is largely found on the northwest side of Citation Boulevard and Alexandria Drive, with industrial development located to the southeast. The southern portion of the property that is not seeking a zone change will remain in a restricted highway service business zone, B3 zone. And it has the current Houchins that is being constructed in that area. This is just the aerial photography. Over the course of the history of the property, there have been two separate zone changes that have brought this into the B3 restricted zone. I'll kind of breeze through a little bit of that history just so that we're not spending too much time on it. The initial rezoning occurred approximately 22 years ago and saw the vast majority, primarily this section, shifting to the B3 zone. The other section right along the edge was brought into the B3 later on just to conform with the overall lot. Since the establishment of the restricted B3 zone on 2679 Lee's Town, there have been various development plans that have been approved by the Planning Commission and one subdivision, Platt, which created 2656 Lee's Town Road. This is the Houchins property. Abigail Way was created to extend off of Robinson Way into the site to provide internal access for future development. Included in some of the most recent plans for the site were small strip shops located closest to Leastown Road and a big box store along the rear of the parcel. Those development plans that included the big box store necessitated the covering of a tributary stream that runs west to east through the site. This resulted in a complex engineering of the site and significant modifications of the natural environment. You can see right along the edges where we're looking at for that stream. Now, just to go through the property itself, this is along Robinson Way on these bottom portions. This is the property that is being rezoned. this is looking south along Robinson Way looking north into the residential development over here this is across Robinson Way from the proposed rezoning area in which there is a multi-purpose trail that is connecting into this site this will be a further point of conversation for future development Tom will also talk about that going forward here we're looking at Ferndale Pass looking down Ferndale Pass and then towards Citation. This is looking into some of those stub streets, church property that's right across from the rezoned property. And then as you can see, the open field that will be rezoned and redeveloped. You can also see some of the tributary systems that are cutting across the property. Finally, Citation Boulevard, going north, going south, and then looking into the overall property, you can see the current development of the Houchins being constructed in the back there. While commercial land uses have been slow to develop in this area, residential development has been very successful. The success has spurred other investments in the area as well as establishment of shared use trails within the Greenway access across from Robinson Way from the subject property. Furthermore, the recent construction of the Houchins grocery store at at 2656 Lees Town may encourage greater commercial development to support the residents of the Masterson Station and surrounding areas. The petitioner opines that the zone change is consistent with the 2013 Comprehensive Plan and the adopted goals and objectives of the 2018 Comprehensive Plan because it supports maintaining the urban service boundary while increasing the density of housing. The petitioner indicates that the rezoning of the site will accommodate the demand for housing in Lexington responsibly, prioritizing higher density and a mixture of housing types, Theme A, Goal 1, and supports infill and redevelopment throughout the urban service area, Theme A, Goal 1B and 2. The proposed development will provide a neighborhood which is connected for pedestrians and utilize various modes of transportation, theme A, goal 3B. In addition to incorporating residential into the area slated for commercial, the applicant is able to increase the density of the development, which will help to uphold the urban service area concept, theme E, goal 1. This proposal also maximizes development on vacant land within the urban service area and promotes use of underutilized land in a way that enhances the existing urban form, theme e goal 1a and 1b the staff concurs with the applicant's justification additionally while not mentioned by the applicant the development also allows for the protection of natural features and resources before development occurs theme b goal 3b by protecting and maintaining the stream that crosses the property leaving its sunlit and in its natural state the plan is supporting the natural environment features of this area the zoning committee and staff Staff have both recommended approval of PLN MAR 18-00025 Whitesburg Redevelopment Co. LTD. If you have any questions, I'm here to answer them. Any questions? Okay, thank you, Mr. Martin. Mr. Chairman, members of the Planning Commission, the Preliminary Development Plan associated with this zone change is located on your agenda on page 6. However, we have distributed to you on this lovely lavender sheet revised recommendations based on a revised submittal that staff did receive on this particular plan. And you can see, make sure I get the right button. There we go. Again, Citation Boulevard in this location with its intersection at Leastown Road. This is the area that we have a Houchins currently under development in this location. They have a right in, right out off Lee's Town. Here is the Robinson Way intersection. As you come back here with this intersection, this is Ferndale Pass. Now, several key changes to this plan is that they originally had multiple access points along Ferndale and another one along Robinson Way. They have come back with a single access point, which reduces a lot of the conflict concerns that existed, as well as waiver concerns based on spacing. So you can see how they're coming back, and they have parking oriented in the rear. The townhouses are oriented to the street frontages along, as you can see, all three of these frontages. The exception is this small bank of townhouses here in the rear that are being accessed, again, as the rear. These are typical townhouses that have your townhouse structure along the front. In the back, they have a garage, many of them that's separated, and they have open space between them. That's a fairly common design we're seeing in our townhouses. The exception would be these, and they're showing them to be rear-loaded from the back with their parking and with garages. Now, that is a condition on your sheet that you can see, number eight, which is resolve that orientation nearest the creek for those particular units. And this is an ongoing discussion that staff's had with developers, and the whole idea is really to emphasize the amenity, which is the creek on the property. Staff is very aware that where you have creeks and you have these situations, there are also topographic concerns that the applicant has to deal with in siting their townhouses and making that work. But again, this is a preliminary plan, and staff is comfortable that we can continue that discussion at the final development plan. Along that similar issue, the creek. And I'll briefly tell you, because I know those of you who have been on the Planning Commission for a while, the history of this property is quite interesting, and so much of it centers around how this creek was going to be handled. And that's this creek that runs right through here. At one time, after many years of work and negotiation, it was ultimately decided that this creek would be piped. And it took a long time to get there, and the applicant worked with us. the applicant attempted to do mitigation and that sort of thing those efforts did not pan out so they're back as you can see with this zone change and so this is this is going to be left open and daylighted and it is a wonderful amenity and they accept it as such so again that's part of the discussion that we want to have because it is obviously an amenity to the entire development this area is also part of the preliminary development plan again this area is governed by the final that is active this is a preliminary area and staff is going to want to discuss this orientation and how this relates to that amenity to that creek in the future similar issue is the trail there is a trail system that comes through here and it runs parallel to the sidewalk and is designed to go here and run on down and hit hit further down on the creek and head towards the the Elkhorn. As you all may be aware, the discussion for the peninsula had public sidewalk in association with a trail system. Well, this is a very similar situation. In this case, however, the sidewalk's been built. I mean, the sidewalk's there. So putting a trail in parallel to that sidewalk presents some interesting challenges. But we would like to continue the discussion at the final development plan about the possibility of perhaps routing the trail along this creek and just again to take advantage of that nice amenity much as it does as it goes downstream through here granted staff is aware that the applicant has topographic and concerns like that that we'll have to discuss and evaluate with them so those are the primary issues that remain on the plan they are items that can be addressed at the final development plan one small item that really is not unusual there's a water line and an easement that's running through this part of the property it's going to have to be released and of course that comes about through the actual development of the property when they have to relocate lines and that sort of thing but with that I would add only that this revision allowed them to increase their units by three there's 41 units they're two-story three-bedroom units that they are proposing along with the associated parking that you can see on the plan and with garage parking the staff is recommending approval and would be happy to answer any questions you may have any questions miss Monday Tom on that back section where you're looking at turning those townhouses around possibly to face the green space is that a topographical issue there that maybe it would be better to have those garages underneath rather than trying to turn those around and then deal with the garages is that what they're looking at that is certainly part of the discussion yes ma'am yes yes it is it's there's elevation changes as you slope down to the creek and as you know it's not uncommon to use that opportunity to have rear loaded right townhouses I understand you you're wanting to look at the green space and I think that's great but I think practicality I would suggest that at least we look at it practicality wise on the topographical side of it yes ma'am and staff agrees we we want to have that discussion with you thank you any other questions for Mr. Martin Thank you. Applicant. Good afternoon, Mr. Chairman, members of the commission. I'm Bruce Simpson on behalf of the applicant. And the staff has done a marvelous job of presenting the case. There's no counter evidence to be offered, and we would simply ask for your approval. There are some issues we have to work out on the final development plan, but I'm satisfied we'll get those resolved. Be happy to respond to any questions you may have. Any questions for Mr. Simpson? Thank you. Anyone in the audience like to speak to this particular agenda item? Seeing none, then we'll bring it back to the commission for additional discussion and our motion. Yeah, let's roll. Mr. Chair, thank you. This time I would like to move for approval of PLN MJDP 18-91 Masterson Station Center, amended, I think, with the nine items as presented by staff. Okay, do I get a second? I'm sorry, Ms. Mundy, we need to take the zone change prior to the development plan. Thank you. Which one? Oh, you went to the, yeah. Yeah, I jumped ahead. Thank you. So let's back up and do that first. Bottom of page five. Yeah, that's where I am. I just want to be sure I have the right information. So I move for approval of PLN MAR18-25 Whitesburg Development Company LTD as recommended by staff. Okay, it's been moved by Ms. Karen Mundy, seconded by Mr. Larry Foster, that we approve PLN MAR18-25 Whitesburg Redevelopment Company with the conditions identified by staff. Any discussion on the motion? Hearing none, would you please vote when it comes up on your screens? Okay, the motion carries. Now, Ms. Mundy. All right, now to the purple seat. Mr. Chair, thank you. I move for approval of PLN MJDP 18-91 Master Sensation Center amended with the non-conditions set forth by staff. Second. Okay, it's been moved by Ms. Karen Mundy and second by Mr. Larry Foster that we approve PLNMJDP 18-91 Masters and Station Center Citation Village. The preliminary development plan and the revised staff recommendations of which there are nine. Is there any other discussion on the motion? If not, would you please vote when it comes up on your screens? Okay, the motion carries on that. Okay, under commission items, just one other thought here. It's kind of a reminder as well that our open hearing is scheduled for Monday, December the 10th. And we hope you all can make it. It'll be right here in the council chambers at 6 o'clock, and this is when we'll be hearing a public hearing on the comprehensive plan. But since we're adding this or changing this, I do need a motion to amend the official filing and scheduling date. If we could. Well, one of you. Okay, Ms. Plumlee. Thank you, Mr. Chair. I move that the Planning Commission appear at a public hearing on December the 10th in this chamber. Can I ask you to, what we really do is to amend the official meetings. I'm sorry. Amend the official so that we may attend. Right. Okay. It's been moved by Ms. Carolyn Plumlee and seconded by Ms. Karen Mundy that we amend our official meeting and filing schedule for 2018 to formally add the public hearing scheduled for December the 10th, 2018, here in these council chambers. Any other discussion on the motion? If not, would you please vote when it comes up on your screens? Okay, very good. Mr. Duncan, do you have anything for us? Thank you, Mr. Chair. With Christmastime coming upon us, I do want to remind you all of the unusual nature of your December schedule. Next week, you all will be meeting in committee Thursday, I'm sorry, Thursday, December 6th, your ordinary subdivision and zoning committees. And then as you've just amended, we will have a comprehensive plan public hearing at 6 o'clock p.m. on Monday, December 10th. And then your final meeting scheduled for December is December 13th. That will be a combined subdivision and zoning hearing as well as the final hearing for the comprehensive plan. So three important meetings in one on December 13th. Thank you. Thank you. Mr. Chair, I'm sorry. We do have one other. Tracy Jones has a report to make to you on the status of the cell tower that we've been dealing with for a while. Okay. Ms. Jones. I just passed out to you an order and a judgment from the federal court in this case. You might recall it's been probably a couple months ago that we talked about in closed session what we were going to do with this case after the alternate location on Huffman Mill was disapproved by this body, and also the lease to put the cell tower there was disapproved by the Urban County Council. So after our discussion that day, we went back and talked to the attorneys for AT&T, and we worked out an agreement whereby we would go ahead and submit everything to the judge, and he would issue this order, which he did, which will allow them to go back to the original location on Ironworks and put the cell tower in, which is probably what was going to happen if we'd waited for the court to rule. It just saved everyone a lot of time and money and hours of work and expense. So this has been entered in the record in the federal court of the Eastern District of Kentucky. It's also been distributed to the members of the Urban County Council so that they are aware as well. We told you we'd report back when we got some resolution from the court on it. So that's what this is. And then you would also have it if you should get any questions about it from anyone. but it was it was pursuant to a settlement agreement by the parties and so everyone knows about it and we'll be distributing to the appropriate divisions in the government so they'll know about it as well any clarifying questions okay yes sir mr. Duncan and I'm sorry mr. chair one more thing you all have a packet of comments that have were distributed to you the one on top is from the Fayette County Neighborhood Council. There are other comments in there as well. These are for the comprehensive plan so we wanted you all to have these in advance so you could review them before the public comment meeting on the 10th. Anything else from the staff? Anyone, anything on the commission? Anyone in the audience would like to have anything to say? Okay. Well, we're getting out sort of early, so I think I'd like to read to you Gettysburg Address, along with the Declaration of Independence and the Constitution. Is that okay? any other without any objection then this meeting is adjourned thank you very very much for your attendance