MINUTES OF THE MEETING
OF THE
TAYLORSVILLE-SPENCER COUNTY JOINT
PLANNING AND ZONING COMMISSION

 

The regular meeting of the Taylorsville-Spencer County Joint Planning and Zoning Commission was held November 1, 2018 at 7:00 p.m. in the meeting room, East Main Street, Taylorsville, KY.

Chairman Deapen called the meeting to order.

Present were Lowry Brown, Gordon Deapen, Marsha Mudd, Teddy Noel, Dwight Clayton, Diana Faue, Anthony Travis, and Paula Wheatley. Also present were Administrator Julie Sweazy, Enforcement Officer Jan Kehne, and Attorney Dudley Dale.

Motion was made by Commissioner Travis and seconded by Commissioner Noel to approve the docket for the meeting. Motion carried with none opposed.

Administrator Sweazy noted that the minutes give the date as October 5^th for the October meeting. It should read October 4^th.

Motion was made by Commissioner Clayton and seconded by Commissioner Faue to approve the minutes of the October 4, 2018 meeting with the correction of the date. Motion carried with none opposed.

Committees report:

There were none.

Chairman Deapen explained to the audience that there is a time limit of three minutes to respond to the application with the exception of the presentation. If someone keeps repeating the same information, they may be asked to let someone else speak.

Attorney Dale, as a notary, gave the oath for testimony to those wishing to speak to the commission with the exception of the other attorneys who were present.

Old Business:

There was none.

New Business:

The application of Donna Limer requesting R-1, residential to Ag-1, agricultural on 0.45 acres located 56 Nature Trail was heard. Administrator Sweazy explained that the Comprehensive Plan recommends low density residential. There is an access that runs across the property. A neighbor has approached the applicant to buy the access so that it will not be an easement.

Attorney Dale swore Donna Limer, who was not present for the first swearing, for testimony.

Donna Limer of 56 Nature Trail explained that she wants to transfer an easement that is on her deed to Mike Chesser.

Commissioner Clayton questioned if the whole tract has access off Nature Trail.

Ms. Limer replied that she does.

Motion was made by Commissioner Travis and seconded by Commissioner Brown to waive the procedure and take action on the application at this meeting. Motion carried with none opposed.

Commissioner Wheatley questioned if there was any access off Highway 248 or only off Nature Trail.

The reply was only off Nature Trail.

Motion was made by Commissioner Faue and seconded by Commissioner Noel to approve the request of Donna Limer from R-1, residential to Ag-1, agricultural on 0.45 acres due to the following findings of fact: The Comprehensive Plan recommends low density residential; the change will be in compliance; there was no one present in opposition. Motion carried with none opposed.

The application of the Estate of Leonard Hammond requesting Ag-1, agricultural to R-1, residential on a total of 2.93 +/- acres and Ag-1, agricultural to Ag-2, agricultural on a total of 7 acres located Goose Creek Road and Goose Creek Ct was heard. Administrator Sweazy explained that the Comprehensive Plan recommends medium density residential. The commission was given two surveys prior to the meeting. The family is working on settling the estate. It is already zoned R-1, residential about 500 feet off Mt. Washington Road. Tract 1 is already zoned residential. Tract 2 and 3 across the road is going to R-1, residential. Tract 5 and 8 are being conveyed to the existing Napier tract which is already Ag-2. All changes are the children or grandchildren.

Charles Tichenor represented the Estate of Leonard Hammond. The larger residual tract should have been zoned 20 to 30 years ago. The people across the road are Ag-2. Tracts 7 and 2 will go to Mr. Hammond, Jr. Tracts 3, 4 and 6 will go to Ms. Spaulding. Tracts 5 and 8 are going to Ag-2 since that is what the Napier’s are zoned. The family is trying to clean up the zoning and make their yards larger. There will be a total of four tracts after the change.

Administrator Sweazy noted that none of these smaller tracts can be sold separately. It is also noted on the plat.

Commissioner Clayton questioned if the tracts go to the creek. He also noted that a “Z” was shown between Tract 5 and 4. He questioned if it should be there.

Administrator Sweazy had a copy of the corrected plat with the Z‘s in the correct place.

Motion was made by Commissioner Travis and seconded by Commissioner Brown to suspend with the normal procedure and act upon the application at this meeting since no one is present against the request and it meets all regulations. Motion carried with none opposed.

Motion was made by Commissioner Faue and seconded by Commissioner Mudd to recommend the application of the Estate of Leonard Hammond to Fiscal Court to change 2.93+/- acres from Ag-1, agricultural to R-1, residential and 7 acres from Ag-1, agricultural to Ag-2, agricultural based on the following findings of facts: The Comprehensive Plan recommends medium density residential; the change will be in compliance; there was no one present to speak against the request. Motion carried with none opposed.

The application of New Cingular Wireless PSC, LLC (dba AT & T Mobility) requesting placement of a cell tower located 4140 Briar Ridge Road, Highway 248 was heard. Administrator Sweazy explained that each commissioner had a new packet saying Candy Branch before them to add to the package of information the received earlier in the week. The company wants a 270 feet tall tower. She read from a letter that the tower is no hazard to air aviation.

Commissioner Clayton questioned if the FAA had any findings.

Administrator Sweazy’s reply was no.

David Pike of Pike Legal Counsel of Shepherdsville represented the applicant. He questioned if anyone present was in opposition.

There was no response from the audience.

Commissioner Travis questioned if they have a backup power source.

Mr. Pike answered that they do. It is now standard operating procedure. He then presented a slide presentation.

Maximum Tower Height: Planning and Zoning imposes 200 feet maximum height. They are trying to accommodate but in this incident to provide universal coverage and due to the terrain it must be taller. The set backs will be more than adequate to take care of the additional height. This is a tall structure. There are 9 towers within 10 miles of this site. It is completely in line with what was presented in the past and have passed.

Other slides include:

• Federal Telecommunication Law

• Environmental and Health Concerns

• Compliance with Local Regulations

• Wireless Communication

• National Health Interview Study. 70% of emergency calls are made to 911 from wireless. There are fewer land phone lines now.

• Wireless Industrial Survey

• FirstNet. After 9/11 the nation’s first high speed wireless network was dedicated to public safety, first responders support and services.

Chairman Deapen questioned if under the old system, it was first come and first served.

Mr. Pike answered that was correct. This system will allow first responders.

• Fixed Wireless Local Loop - The new technology will provide expanded internet to residential and business in rural areas.

Mr. Pike stated that he was excited about this building site.

Attorney Dale questioned if the company checked a location with someone else.

Mr. Pike explained that they have and there is no place available.

Attorney Dale questioned if the tower is located 250 feet above ground.

Mr. Pike explained that it is way more than that.

Commissioner Travis questioned if the sea level would be more important than the tower height. He asked how much it is from the center.

Mr. Pike explained that there is a two mile radius based on the frequency for voice. Data could be a three mile radius. This will combine favorable internet choices.

Commissioner Clayton questioned if the 255 is based on the 3 to 5 radius.

Mr. Pike explained that this is in order to fill the gap.

Commissioner Clayton questioned if some of the towers’ elevation are taller than 1,038 feet.

Mr. Pike replied that was above. What’s important is AGL level. The matter would be left to the KY Airport Zoning Commission and that is where it ends.

Administrator Sweazy explained that the closest grass landing strip to this is on Little Mount Road.

Commissioner Clayton noted that no one was present in opposition.

Chairman Deapen explained that the commission did not have to do anything or within 60 days it is already approved.

Motion was made by Commissioner Clayton and seconded by Commissioner Faue to approve the application of New Cingular Wireless PSC, LLC (dba AT & T Mobility) and waive the height restriction based on the information presented. Motion carried with none opposed.

The commission recessed at this time from 8:00pm to 8:07 pm.

The application of Kentucky RSA#4 Cellular Partnership (dba Bluegrass Cellular) requesting placement of a cell tower located 5177 Taylorsville Road, Highway 55 N was heard.

Administrator Sweazy explained that the commission received a packed earlier this week.

Present were Felix Sharpe, attorney of Dunmore & Shohil of Louisville and Kerry Ingle, paralegal to represent the applicant.

Mr. Sharpe explained that the one tower that the City of Taylorsville will allow businesses to locate upon is fully occupied.

Attorney Dale questioned if the Hillsborough water tank was questioned.

Administrator Sweazy noted that they don’t allow them on that tank or the Goebel tank either.

Chairman Deapen read a letter from Steve Bivens, City Clerk regarding the City’s position.

Mr. Sharp explained the height was 199 feet or just below 1,000 feet.

Commissioner Clayton read what it stated from Page 1 of the FAA. He asked if they had a letter from KY Aviation.

Mr. Ingle’s reply was no.

The location of the tower was discussed.

Tim Ash of Bluegrass Cellular was also present. He explained that he has been in the tower business for 31 years. Towers don’t usually fall.

Attorney Dale questioned if there is any structure within 200 feet of the tower.

Administrator Sweazy no.

Mr. Ash answered that it is 109 feet from the property line.

Commissioner Travis questioned if there was any chance of it hitting the road.

Mr. Ash answered that it is designed to collapse at mid-point. It would not affect the road.

The church location was discussed.

Administrator Sweazy explained that Elk Creek Church is way down on Elk Creek Road. The tower would be closest to the traffic light.

Commissioner Wheatley talked of the Lutheran Church across the highway.

Commissioner Clayton questioned if they had consider other lands.

Mr. Sharpe elaborated on the FAA that since the tower was under 200 feet, the Department of Aviation did not care.

Commissioner Clayton noted that no one was present regarding the application.

Administrator Sweazy explained that everything was advertised.

Someone from the commission questioned lights on the tower.

Mr. Ash replied that they were not required to put a light on the tower.

Commissioner Travis questioned if they have a backup generator.

Mr. Ash explained that they have used backup generators since 1991.

Motion was made by Commissioner Clayton and seconded by Commissioner Noel to approve the request of Kentucky RSA#4 Cellular Partnership (dba Bluegrass Cellular) based on the following findings: There are no existing cell tower sites available near the Wilsonville Road site; per FAA there is no hazard recommendation; and there is no light required for the site unless they so desire at a later time. Motion carried with none opposed.

General Questions or Discussion:

There was none.

Motion was made by Commissioner Travis and seconded by Commissioner Brown to adjourn. Motion carried with none opposed.

Approved 11/15/18