Planning Commission Subdivision Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on December 11, 2014, at 1:30 p.m. in the Council Chambers at the Urban County Government Building, 200 East Main Street, Lexington, Kentucky. Mike Owens presided over the meeting, which included 13 agenda items, 19 motions and votes, and 10 public comments.

The Commission addressed a range of planning and development matters. The meeting began with approval of the previous minutes and consideration of postponements or withdrawals. The Commission then reviewed and approved multiple land subdivision items, including the reapproval of Meadow Oaks Plats and several specific development plans and plats. Notable approvals included Plan 2014-104F for Lextran Property (Lots 1 & 2), Plan 2014-106F for Hamburg East (Lot 2), and DP 2014-110 for Hamburg Place Mall Unit 1. The Commission also reapproved DP 2006-84 for Hamburg Place Farm's Tuscany Unit 1 and approved a revision to DP 2014-63 for Lengrove Edition. Additional business included approval of annual reports, release and call of bonds, and a conditional use permit for New Cingular Wireless PCS, LLC (dba AT&T Mobility) under CT 2014-1. All agenda items were approved or processed as scheduled.

Attendance

The following individuals were present at the meeting on December 11, 2014:

• Mike Owens
• Mike Cravens
• Frank Penn
• Carolyn Plumlee
• Bill Wilson
• David Drake
• Patrick Brewer
• Karen Mundy
• Joseph Smith
• Carolyn Richardson
• Will Berkley

Will Berkley arrived late to the meeting.

No attendees were absent.

Votes and Decisions

All votes taken during this meeting passed unanimously with no dissenting votes or abstentions.

Approval of Minutes 1:35 The amended minutes from October 9, 2014, and November 13, 2014, were approved by unanimous vote (10-0). The motion was made by Carolyn Plumlee and seconded by Karen Mundy.

Postponements Three items were postponed by unanimous vote (11-0): - DP 2007-134: Sand Lake & Estes Property (AMD) to January 15, 2015 2:44, motion by Mike Cravens, seconded by Karen Mundy - PLAN 2014-96F: Glen Creek (Dove Creek, Unit 3-B, Section 3, Lots 66-75) to December 18, 2014 14:17, motion by Patrick Brewer, seconded by Carolyn Plumlee - PLAN 2014-101F: Long Valley Farm, KY, Inc., Unit 2-B (AMD) to January 15, 2015 15:25, motion by Frank Penn, seconded by Carolyn Plumlee

Denial of Postponement Request A postponement request for CT 2014-1: New Cingular Wireless PCS, LLC (dba AT&T Mobility) was denied by unanimous vote (11-0) 3:00, motion by Will Berkley, seconded by Mike Cravens.

Consent Agenda and Reports The Consent Agenda was approved by unanimous vote (11-0) 22:36, motion by Will Berkley, seconded by Mike Cravens. The PDR Annual Report and the Courthouse Area Design Review Board Presentation were each approved by unanimous vote (11-0) 32:32, motions by Karen Mundy.

Plan Approvals and Reapprovals Multiple development plans were approved or reapproved by unanimous vote (11-0): - Plan 2008-139F: Meadow Oaks, Unit 1B (Ashford Oaks) 38:27 - Plan 2008-138F: Meadow Oaks, Unit 1A (Ashford Oaks) 38:59 - Plan 2008-140F: Meadow Oaks, Unit 1C (Ashford Oaks) 39:32 - Plan 2014-104F: Lextran Property, Lots 1 & 2 with 12 conditions 46:12 - Plan 2014-106F: Hamburg East, Lot 2 (AMD) with 11 conditions 52:07 - DP 2014-110: Hamburg Place Mall, Unit 1, Parcels 2 and 2A with 12 conditions 56:54 - DP 2006-84: Hamburg Place Farm, Tuscany Unit 1, Lot 169 with 12 conditions 59:02 - DP 2014-63: Lengrove Edition revision with 12 conditions 1:03:36

A waiver for Plan 2014-104F was approved by unanimous vote (11-0) 46:43, motion by Will Berkley, seconded by Mike Cravens.

Bond Release and Call Release and call of bonds was approved by unanimous vote (11-0) 59:39, motion by Will Berkley, seconded by Mike Cravens.

Conditional Approval CT 2014-1: New Cingular Wireless PCS, LLC (dba AT&T Mobility) was approved by unanimous vote (11-0) with two conditions 1:03:36, motion by Carolyn Richardson, seconded by Mike Cravens.

Public Comment

Ten speakers addressed the commission regarding the CT 2014-1 cell tower proposal.

Opposition to the Proposal

Hank Grady [01:06:01] opposed the cell tower due to concerns over visual impact and property values, citing AT&T's own reports indicating greater need in Zandale for an alternative location. Council Member Clark [01:06:58] opposed the tower, emphasizing the impact on residents' quality of life and the need to protect neighborhood character despite service benefits. Dr. Sean Lucas [01:07:12] expressed concern about the tower's proximity to his family's home and its potential impact on his children's health and well-being.

Helen Morrison [01:09:11] argued that the tower would harm the character of the Southland Drive area and should be located elsewhere to minimize adverse effects. Michael Galbraith [01:11:13] supported the Hillandale Neighborhood Association's opposition, stating the tower would infringe on the visual character of the area. Nancy Stallard [01:11:44] expressed concern about the tower blocking her view and negatively affecting her quality of life. Deanna Corey [01:12:06] opposed the tower due to its proximity to her home and her son's rental property, fearing it would negatively impact property values.

Support and Alternative Suggestions

Teresa Voigt [01:06:46] supported the tower, arguing that property values are not significantly impacted by such structures and that the neighborhood has other visual elements like power lines and railroads.

Design and Implementation Concerns

Damon Snyder [01:08:01] criticized AT&T for not exploring more creative, less obtrusive solutions and suggested that smaller, less visible devices could serve the area effectively. Hillary Angelucci [01:10:41] urged the commission to consider a more aesthetically integrated design that fits the neighborhood, rather than a standard monopole.

Contested Items

CT 2014-1: New Cingular Wireless PCS, LLC (dba AT&T Mobility)

This proposal generated significant community opposition despite receiving support from staff and the applicant. Residents and neighborhood associations raised concerns about the project's visual impact, potential effects on property values, and safety considerations. The disagreement centered on whether the benefits of the wireless infrastructure project outweighed the community's quality-of-life concerns.

Call to Order

The meeting was called to order at 1:30 p.m. in the Council Chambers at the Urban County Government Building. 0:00

Mike Owens presided over the opening of the meeting.

Approval of Minutes

1:35

The meeting proceeded to approve minutes from two previous sessions. The amended minutes from the October 9, 2014 meeting and the minutes from the November 13, 2014 meeting were both presented for approval.

Carolyn Plumlee and Karen Mundy were the key speakers on this agenda item.

The minutes were approved unanimously with no objections raised.

Postponements or Withdrawals

2:44

Three items were postponed during this agenda item:

• DP 2007-134 was postponed to January 15, 2015
• PLAN 2014-96F was postponed to December 18, 2014
• PLAN 2014-101F was postponed to January 15, 2015

The discussion involved Mike Cravens, Frank Penn, and Patrick Brewer. All items were postponed as requested.

Land Subdivision Items

The consent agenda containing multiple land subdivision and development items was presented for approval 22:36. Key speakers on this agenda item included Bill Sallee and Tom Martin.

The discussion covered final subdivision plans and development plans that were presented with associated conditions. Rather than individual debate on each item, these matters were processed through the consent agenda, which allows for approval of multiple routine items in a single vote.

The outcome of this agenda item was approval. All final subdivision plans and development plans included in the consent agenda were approved with their respective conditions.

Annual Reports

The PDR Annual Report and the Courthouse Area Design Review Board Presentation were presented during this agenda item 32:32. Key speakers presenting the reports included Beth Oberman and Elberman.

Both reports were presented to the board and subsequently approved.

Reapproval of Meadow Oaks Plats

38:27

The council considered the reapproval of three Meadow Oaks plats identified as 2008-138F, 2008-139F, and 2008-140F. Tom Martin presented this agenda item to the council.

The reapproval included conditions for the plats, specifically updates to boundary lines. Additionally, the council approved a waiver of sidewalk construction requirements for the project.

The motion to reapprove the three plats with the specified conditions was approved.

Plan 2014-104F: Lextran Property, Lots 1 & 2

46:12

This agenda item addressed the approval of Plan 2014-104F for the Lextran Property, Lots 1 & 2. The discussion involved key speakers Tom Martin and Kevin Phillips.

The plan was approved with 12 conditions attached to the approval. Among the conditions was a waiver for sanitary sewers, indicating that the standard sanitary sewer requirement was waived for this particular project. Additionally, the plan required technical committee review as a condition of approval.

The motion resulted in approval of the plan.

Plan 2014-106F: Hamburg East, Lot 2 (AMD)

52:07

This agenda item addressed Plan 2014-106F for Hamburg East, Lot 2, which was presented as an amendment (AMD). The discussion involved Tom Martin and Matt Carter as key speakers.

The plan was approved by the meeting body. The approval included 11 conditions that applicants must satisfy:

• Access easements were required as part of the approval
• A final development plan must be submitted and approved before any construction can begin
• Nine additional conditions were imposed (specific details not provided in available materials)

The conditional approval structure indicates that while the plan met the basic requirements for advancement, several outstanding items needed to be addressed before the project could proceed to the construction phase.

DP 2014-110: Hamburg Place Mall, Unit 1

56:54

The development plan for Hamburg Place Mall, Unit 1 was presented for consideration. Key speakers on this item included Kelly Hunter and Patrick Bennett.

The development plan was approved by the body. The approval included 12 conditions that applicants must meet. These conditions encompassed updated square footage specifications and required technical committee review of the project.

The outcome of the discussion was approval of the development plan as conditioned.

Reapproval of DP 2006-84: Hamburg Place Farm, Tuscany Unit 1

59:02

The board considered the reapproval of Development Plan 2006-84 for Hamburg Place Farm, Tuscany Unit 1. Key speakers on this item included Cheryl Gallt and Charlie Schneider.

The plan was reapproved by the board with a total of 12 conditions. A new condition regarding capacity assurance was added as part of this reapproval process.

The motion to reapprove the plan was approved.

Release and Call of Bonds

59:39

The release and call of bonds was presented as agenda item XI. Tom Martin addressed this matter, and the motion was approved.

Revision to DP 2014-63: Lengrove Edition

The revision to DP 2014-63: Lengrove Edition was presented as a motion item on the agenda. 1:03:36

Tom Martin was the key speaker on this agenda item.

Outcome

The revision was approved with 12 conditions. The conditions included updated stairwell dimensions and technical committee review requirements.

CT 2014-1: New Cingular Wireless PCS, LLC (dba AT&T Mobility)

1:03:36

The board considered a cell tower application from New Cingular Wireless PCS, LLC, operating as AT&T Mobility. Key speakers on this agenda item included Barb Rackers, David Pike, and Hank Grady.

The application was approved with specific conditions attached to the project. The approval required two main modifications:

• Tower redesign: The applicant must redesign the tower as an alternative tower design
• Security and landscaping: Installation of a security fence with a landscape buffer is required

The motion to approve the application passed with these conditions in place, allowing the project to move forward subject to the applicant's compliance with the specified requirements.