# Urban County Council - Zone Change Hearing (Anderson Acquisition) - July 8, 2019 > Auto-transcribed civic record · July 8, 2019 - **Permalink**: https://meetings.lexingtonky.news/meeting/4789 - **Source video**: https://lfucg.granicus.com/player/clip/4789?view_id=14&redirect=true - **Date**: 2019-07-08 - **Last revised**: July 8, 2019 - **Length**: 16,668 words - **Speakers**: Next Would Be Rick Towner, Yolanda Davis > ⚠️ **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 Lexington-Fayette Urban County Government met on July 8, 2019, at 5:30 PM in the Council Chambers at 200 E. Main St, Lexington, KY 40507, with Vice Mayor Kay presiding over the session. The meeting focused on consideration of Ordinance 0600-19, which was ultimately approved by the council. During the proceedings, the council heard from six members of the public who provided comments on matters before the body. The council took one formal vote during the meeting, resulting in the approval of the ordinance under consideration. ## Attendance The following members were present at the July 8, 2019 meeting: **Present (11 members):** • Kay • Lamb • McCurn • Moloney • Mossotti • Plomin • Reynolds • Worley • J. Brown • Ellinger • Farmer **Absent (4 members):** • Bledsoe • F. Brown • Evans • Gibbs No members arrived late to the meeting. ## Votes and Decisions The council conducted one recorded vote during this meeting. **Ordinance 0600-19** [timestamp: 09:34] The council voted on an ordinance to change the zoning classification for property located at 3450 & 3550 Todds Road from Single Family Residential (R-1D) zone to Townhouse Residential (R-1T) zone, along with other related changes. Mr. Farmer made the motion, which was seconded by Ms. Mossotti. The ordinance passed unanimously on a roll call vote with 11 ayes, 0 nays, and 0 abstentions. Council members voting in favor were: • Lamb • McCurn • Moloney • Mossotti • Plomin • Reynolds • Worley • J. Brown • Ellinger • Farmer • Kay The approved ordinance includes conditions that the property shall be subject to use and buffering restrictions via conditional zoning. ## Public Comment [timestamp: 07:49] Six community members addressed the board regarding a proposed zone change, with five speakers opposing the proposal and one in support. **Opposition to Zone Change:** Mr. Clyde Honaker spoke against the zone change, raising concerns about storm water drainage issues and expressing frustration that the current proposal deviated from the original plan of 36 townhomes. Mr. Rick Towner voiced opposition based on traffic concerns, rainwater runoff problems, and issues with the density of the proposed development. Ms. Kristin Crosbie argued against the zone change, stating that the current plan represented a significant departure from what was initially presented to homeowners in the area. Mr. Jason Waldeck expressed disappointment with the overall process and the changes made from the original development plan, emphasizing the negative impact these modifications would have on the surrounding community. Ms. Yolanda Davis reinforced the concerns raised by previous speakers, reiterating opposition to the deviation from the original plan and highlighting the potential community impact. **Support for Zone Change:** Mr. Edwin Gibson provided the sole voice of support for the zone change proposal. He highlighted what he viewed as benefits of the plan and noted the community's involvement in the development process. The public comments revealed a clear pattern of community concern, with multiple speakers referencing discrepancies between an original development plan featuring 36 townhomes and the current proposal under consideration. Common themes among opponents included infrastructure concerns related to storm water management and traffic, as well as frustration with changes to the development's scope and density from what was initially presented to residents. ## Contested Items The primary contested item during this meeting was a proposed zone change for properties located at 3450 and 3550 Todds Road. The proposal faced significant community opposition from several residents who attended the meeting to voice their concerns. **Zone Change Opposition** Community members raised multiple objections to the proposed zone change, focusing on three main areas of concern: • **Increased density concerns** - Residents expressed worry about the potential for higher population density in the area if the zone change were approved • **Storm water management issues** - Opposition speakers cited concerns about how increased development would impact local storm water systems and drainage • **Deviation from original planning** - Community members argued that the proposed zone change represented a departure from previously established development plans for the area The opposition appeared to be organized, with several residents speaking against the proposal during the public comment period. The specific outcome of this contested item was not clearly indicated in the available meeting materials, though the level of community engagement suggests this was a significant local planning issue that required careful consideration by the governing body. The nature of the opposition centered on quality of life and infrastructure concerns typical of residential zoning disputes, where existing residents worry about the impacts of increased development on their neighborhood character and municipal services. ## Ordinance 0600-19 [timestamp: 07:49] The council considered Ordinance 0600-19, which proposed changing the zoning designation for properties located at 3450 & 3550 Todds Road from Single Family Residential (R-1D) to Townhouse Residential (R-1T) zone, along with other associated changes. Vice Mayor Kay led the discussion of this zoning amendment. The agenda item involved presentations from several key participants, including Ms. Traci Wade, Mr. Richard Murphy, and Mr. Nathan Billings, who provided input on the proposed zoning change. The ordinance represents a shift from single-family residential use to allow for townhouse development on the Todds Road properties. This type of zoning change typically involves considerations of density, traffic impact, infrastructure capacity, and compatibility with surrounding neighborhoods. Following the presentations and discussion among council members and the identified speakers, the council voted to approve Ordinance 0600-19. The approval allows the properties at 3450 & 3550 Todds Road to proceed under the new Townhouse Residential (R-1T) zoning classification, enabling townhouse development on these parcels. --- ## Decisions - **0600-19** — passed (11-0): An Ordinance changing the zone from a Single Family Residential (R-1D) zone to a Townhouse Residential (R-1T) zone and other changes for property located at 3450 & 3550 Todds Rd. --- ## Full transcript The The End Thank you. Thank you. Thank you. The End Thank you. Thank you. Thank you. Thank you. Thank you. ¶¶ Thank you. so Thank you. Thank you. Thank you. The End Thank you. Thank you. Thank you. The End Thank you. Thank you. Thank you. Thank you. Thank you. The End ORGAN PLAYS Good evening. Welcome. Welcome, everybody. We'd like to get started, if we can. Council members, if you'll take your seats. Thank you. This is a zone change hearing for property at 3450 and 3550 Todd's Road. I'm Vice Mayor Steve Kaye. I will be conducting this hearing and I have some preliminary work that needs to be done before we actually begin. The first piece of business is to ask the clerk, please call the roll. Ms. Lamb? Yes. Mr. McKern? Yes, ma'am. Mr. Maloney? Yes. Ms. Masadi? Yes. Ms. Plumman? Yes. Ms. Reynolds? Yes. Mr. Worley? Yes, ma'am. Ms. Bledsoe? Mr. Fred Brown? Mr. James Brown? Here. Mr. Ellinger? Yes, ma'am. Ms. Evans? Mr. Farmer? Yes, ma'am. Mr. Gibbs? Vice Mayor Kay? Here. Thank you. Next, if you would give a second reading to the ordinance. An ordinance changing the zone from a single family residential R1D zone to a townhouse residential R1T zone for 4.937 net 5.052 gross acres and to a neighborhood business B1 zone for 1.652 net 2.002 gross acres and from an agricultural urban AU zone to a townhouse residential R1T zone for 10.668 net, 11.876 gross acres, and to a neighborhood business B1 zone for 1.040 net and gross acres for property located at 3450 and 3550 Todd's Road, Anderson Acquisition, LLC, District 7. Thank you. Next, I want to point out that we have a slightly unusual situation in this zone chain sharing. there are two attorneys who will be representing the petitioner side of this. They each will be allowed a maximum of 30 minutes for their presentations. And then... Combined. Combined. Okay. Okay, there was not, there was not, so I was under the impression that the petitioner's attorney was requesting 30 minutes and that the, but that he would shorten that. And that Council Billings will keep his remarks relatively short. Okay, two minutes. We'll get close to the 30 minutes. Thank you. Next, if you plan to speak at the hearing or you might speak at the hearing, if you would please stand and raise your hand, I need to sway you in. Do you swear or affirm that any testimony that you give at this hearing will be true to the best of your knowledge? Thank you. One of my roles as the presiding officer is to make decisions about what is permissible to be entered or not. I rarely exercise that responsibility, but I do have it so that we keep the remarks to the matter at hand. I have a sign-in sheet from people who would like to speak, and I have a witness list from the petitioner. if you wish to speak and you've not signed in, you can still do that at the back of the room. All people who speak at the hearing are subject to cross-examination, and we ask that if you speak, that you stay for the full hearing so that if people have questions, cross-examination, then you're available. When you come to the podium, please give your name and address for the record. And then the order of the hearing will be as follows. First, there'll be a presentation by the planning staff. Next, the presentation by petitioner. Next, an opportunity. I understand there is no attorney representing those in opposition. There'll be an opportunity for those in opposition who have signed up to speak. You'll each have three minutes. If you wish, you can yield your time to another speaker for up to nine minutes for any one speaker. After those public comments, there'll be an opportunity for cross-examination. Then there'll be an opportunity for staff to make additional comments. And an opportunity for rebuttal evidence if new evidence has been raised. And finally, an opportunity for closing summation first by those in opposition and then by the petitioner. And following that, there will be an opportunity for council to ask questions of staff, of the petitioner, and of those in opposition. When those questions are concluded, I will declare that the hearing is closed, and there will be no further evidence introduced after that point. and that will be an opportunity for the council to deliberate amongst itself and to make motions. Unless there are any questions at this point, I think we're ready to proceed and I'll ask Ms. Wade to present for the staff. Good evening again, Vice Mayor Kay, members of the council. Our next item is a request to rezone property on two parcels, 3450 and 3550 Todd's Road, for approximately 18 acres. And this is a request by Anderson Acquisitions, LLC. Before we get started, again, for the record, my name is Tracy Wade, and I'm the Planning Manager in Planning Services section of the Division of Planning. and I have a number of items to enter into tonight's record. The first is the legal advertisement that was placed in the newspaper for the requested public hearing. The second item is a copy of an affidavit stating that mail notice was sent to the property owners within 500 feet as well as our supplemental notice and that was for 139 property owners in the 500 foot notification area and an additional 61 in the supplemental for a total of 200 mailed notices in addition the planning staff notified six of the nearest neighborhood associations for in relation to this zone change hearing tonight third we have a copy of the final report that was sent to the council and council members have that at their seat there should be also available copies behind me on the the counter. Fourth, we have the 2013 comprehensive plan and like the past two hearings we've had recently, this application was submitted while the 2013 comprehensive plan was still in effect and prior to the 2018 plan being adopted. However, the 2018 goals and objectives were adopted, so that is part of our record for tonight, as well as the current zoning ordinance for for Fayette County and the land subdivision regulations for Fayette County. The applicant is asking to rezone this 18 acres on Todd's Road from two zones to two different zones. So the current property is split zoned between an agricultural urban, our AU zone, and the R1D, which is a single-family residential zone and they're asking to rezone to the r1t which is a townhouse residential zone and a b1 which is a neighborhood residential our neighborhood commercial zone neighborhood business they're asking to rezone for 88 townhouse units and then to convert an existing structure into a restaurant and other commercial uses on the property and the And the proposed density is approximately 5.64 units per acre for the site. Zoom in. Well, we'll start out here. The subject property does have frontage on Todd's Road. And then although there is residential development surrounding the subject parcels, no other stub streets allow for potential connection to the property, with the exception of a private access easement from the west northwest so the frontage primarily is along todd's road and there is an existing entrance road for what was the andover clubhouse and golf course at this site the site is completely surrounded by either residential zoning or agricultural urban which is our au zone and it is a mixture of residential zones single family there is nearby two family r2 zoning i'm sorry r1t zoning for townhouses as well as the r3 and the r4 zones but again all residential and primarily well all single family attached which are townhouses and single family detached typical single family homes a little bit closer again we have two parcels the r1d zone line cuts through this parcel so the left the west part of the property is r1d and then the east part of the property is agricultural urban we've flipped to the aerial photograph you can see that this is a portion of the andover club golf course previously operated as a golf course but it includes the clubhouse in the center of the property a pool location and parking associated with that they also had their maintenance to the rear of the property along the north west side as well as golf court or excuse me tennis courts a pond on the property and then to the east side along the frontage of todd's road it's primarily or was primarily the driving range for the golf course what isn't part of the zone change are two of the adjacent holes for the what was the golf course to the south as well as a buffer of 200 feet between the subject site and townhouses along forest hill drive and Doral place in terms of the surrounding area this is the Todd's Road corridor and the entrance to the subject sites both properties both parcels share this one entrance location at the entrance to what was again the Andover Golf Club and then this is the adjacent single-family residential across Todd's Road internal to the property on the top this is the driving range where you would hit the golf balls to the left their internal circulation and entrance road on the right side of that photograph and then that parking lot that had been used for golf club is proposed to be reutilized for b1 neighborhood business uses and then there is an existing golf cart path that's been converted to a trail that goes underneath todd's road on the subject property that would would remain so the applicant is asking to rezone the property for townhouses as well as a business area within the site they are doing that in really two sections one portion along the west side of the property where the pool and tennis courts have been in the past they propose 18 that's not right yes 18 townhomes adjacent to the andover club villas So we were just talking about another site to the north, and this site also borders the Andover Club Villas. So those two properties really flank the existing townhouses on Todd's Road. They are proposing an access to utilize that existing access from Todd's Road and expand the Andover Club Villas by 18 dwelling units and create a bit of a loop. that side of the property in addition 70 townhomes are proposed for the southeastern portion of the site where the driving range was previously located and that would be accessed via the entrance road that is currently our interest entrance way that is currently located along todd's road in between these two residential areas the clubhouse or former i guess clubhouse for the andover golf course would be reused for a restaurant and other commercial uses within the middle there is existing parking already available and some might would be expanded to accommodate the particular use that restaurant would be open to the public as opposed to a private club at this location in terms of the comprehensive plan the petitioner opined that the zone change for the r1t and the b1 zone was consistent with our 2013 comprehensive plan as well as the goals and objectives of the 2018 comprehensive plan and the staff agreed with their justification for the particular this particular zone change and it was cited that this was a in agreement with our goals and objectives that supported infill and redevelopment that maintained the urban service boundary while increasing density of housing, and also that the applicant was maximizing development on vacant land within the urban service area to promote underutilized land in a way that enhances the existing urban form. In addition, they're respecting the context and design features of the surrounding area, and their proposal is compatible with the existing area, including the pinwheel type townhomes on Andover Club Villas and the more traditional townhomes along the south on the site. In addition, the surrounding open space will continue to be available for both adjacent neighborhoods and the subject site to allow for multimodal connectivity in terms of vehicular transportation and bike and pedestrian with the trails that are proposed to be reused or were formerly golf cart paths. And then also that the reuse of the clubhouse as a restaurant can act as a neighborhood focal point while adding quality of life opportunities within the immediate area. That would also reduce some vehicle trips if commercial development is close to residential units. Lastly, the applicant and the staff also agreed that the existing AU zone is no longer appropriate at this site, and the R1T and B1 are appropriate for the subject site in that they allow for suitable ingress and egress points and compatibility of the surrounding land uses. The staff did recommend conditional zoning restrictions to the Planning Commission, and they held a public hearing, and one of these restrictions was a subject of further discussion, but the restrictions had to do with use. The staff recommended prohibiting four land uses, and those were drive-through facilities, automobile service stations like gas stations and servicing tires and that sort of thing, establishments for the principal purpose of sale of beer, liquor, or wine, and then also outdoor live entertainment. The Planning Commission held a hearing again on April 25, 2019, and it lasted for about an hour, hour and a half. There was opposition to the proposed zone change, and those concerns from neighbors included potential flooding and stormwater runoff since the golf course has been obviously open space and a good portion of it is currently in the flood plain, there is quite a bit of runoff that occurs along the golf course. Increased traffic based on the new development along Todd's Road, since almost all of the traffic has to use Todd's Road. There's only the one connection. There was concern about the reciprocal agreement for green space because the 200-foot buffer to the southeast would be potentially available for new residents at this site as well as the existing Andover residents. The other two concerns had to do with compatibility of the proposed townhomes in terms of material and size, and lastly, concerns about the B1 zone amid other residential land uses. ultimately the planning commission at the end of the hearing voted to recommend approval to the council by a vote of seven to zero so it was a unanimous recommendation in terms of the hearing when the planning commission heard this though they opted to strike outdoor live entertainment they didn't feel that that was appropriate to restrict as a to prohibit that use on the site because the board of adjustment would have to hold a public hearing for any outdoor live entertainment anyway and so they felt that that would continue to be an option for the property owner but still a public hearing would occur if there was ever outdoor live entertainment proposed we'll look a little bit closer at the development plan that was submitted in association with the zone change as i mentioned it really has three pieces to it But the western piece, which we often call pinwheel townhomes, they do have a bit more of a larger floor plan and they're not as traditional in terms of the uptown townhomes. And there are 18 of those proposed on the western portion of the site. Again, connecting to the Andover Villa's existing development and then open space around it. The existing pond would remain for stormwater. The clubhouse would be reused in the middle of the property with parking around for the restaurant and other commercial uses, such as an athletic facility. And then the third portion had to do with the eastern portion of the site, where the current entrance road would be extended into a bit of a cul-de-sac. and then access easements would be located along parallel to Todd's Road and then parallel to the subject properties edge creating a green space in the middle which would be accessible for all of the townhouse developer our development residents in this location the existing trail that is on the site would be shifted to the green space between existing residential and their proposed residential again if you look a little closer this is the pinwheel section 18 units the commercial in the center and then the residential again these are the more traditional townhouses that are two and three stories tall on the eastern side of the site. And the staff and the Planning Commission recommended approval of the proposed zone change. In addition, the development plan was recommended for approval by the Planning Commission at that public hearing. That concludes my remarks for tonight, and I'd be happy to answer any questions throughout the hearing. Thank you. Does the petitioner have any cross-examination questions? Anybody from the opposition? Thank you. Thank you. Next presentation by petitioner. First, Mr. Murphy. Welcome. Thank you, Mr. Vice Mayor. I'm Dick Murphy. I'm very pleased tonight to be representing the applicant, which is Anderson Acquisitions, which is an affiliate of Anderson Communities. Dennis Anderson is with me here on the front row. And Tony Barrett, our designer from Barrett Partners, is here with us as well. Got a couple housekeeping things. Mr. Vice Chairman and Vice Mayor have already submitted the sign affidavit to the council clerk, and you have my witness list on that as well. And you can see we do have a little PowerPoint presentation. Before I get to that, though, I want to emphasize a couple things about this. unlike your last zone change, I'm pleased to present a zone change to you that received staff recommendation of approval and unanimous Planning Commission vote of approval to come to you. And even more than that, I'm proud to present a plan to you that has gone through a six- to eight-month process with Dennis Anderson meeting with representatives of the Andover Common Property NFP. NFP stands for not-for-profit. Andover Common Property, not-for-profit. I'm going to call that the Umbrella Association. But that not-for-profit organization is represented by Nathan Billings, and they are the owners of this property. I have a case in which not only have we worked with the Neighborhood Association, the neighborhood association is the owner of the property they purchased it after it came out of foreclosure this was this golf course and the club were purchased backed by a bank affiliated company and then the umbrella organization of neighborhood associations bought the golf course and this property from the bank association so dennis has worked and dennis went through a competitive process where the association found a developer for this he won out in that category then spent the next six months coming up with a plan that was agreeable to the owner slash neighborhood association and him for an acceptable project and i'm pleased to say that we have a project that has very compatible townhome units next to the existing development which i'll show you in a minute has a density of about 5.64 units per acre which is compatible with the density in the overall development as well it is a single-family attached residential zone R1T single-family attached and we're going to be near the other single-family near us as R4 and on the other side is also R1T so we have a proposal I think is extremely compatible with the surrounding uses and is a very very appropriate infill proposal for this community i want to emphasize something else too that you've you've probably heard about the purchase of the andover golf club and all that now i want to emphasize that except for a couple small strips along fairways dennis anderson is not purchasing the golf course the golf course has never been for sale by the umbrella association dennis is purchasing the driving range the clubhouse and a humongous parking lot i'm going to show you a minute and swimming pool which is going to be redone as townhomes he is not purchasing the golf course the golf course is going to remain as open space owned by the umbrella association and i was out there yesterday just looking at the property before the hearing it was 90 degrees out there and bright sunshine and the trails were being used by bicyclists and walkers and others in the golf course now the people who build on who live on this property which we're asking for the zone change for under our agreement with the umbrella association they'll be entitled to use those walking trails throughout the entire golf course now similarly the people in the 1300 houses that are members of the Umbrella Association, those members of those 1,300 houses will be able to use the walking paths on the part of the property that Dennis is developing as well. It will be integrated into the existing neighborhood. And I'm pleased to say there are about 1,300 households in the neighborhood associations that Dennis has been dealing with. there's six associations about 1300 houses and that's who he's been negotiating in the purchase of this and so i i'm bringing a proposal to you that not only has approval of the planning commission and the staff but is has the approval of this of the owner of the property and the owner of the property is an association which contains 1 300 houses in the andover community the uh And going to the first slide on here, our purpose in this is to bring the clubhouse back to life. If you've been out there, it's sort of a sad situation right now with the clubhouse being closed. I guess I need to tap this to bring it forward if I want to do it. And the clubhouse, as Ms. Wade mentioned, is right in the middle. We've got it colored red on this development plan. To the west of that, toward the city, downtown is up this way. It's actually to the west, excuse me, is what Ms. Wade correctly called pinwheel townhouses, which are similar to the townhouse in the Handover Club Villas just to the further west of us. On the east side, there's 18 units there. On the east side, we have 70 two-and-a-half-story townhouse units, which are going to be compatible with the three townhouse units, which are to the southeast of us down here on that. This is a picture of the Andover Clubhouse. As I said, it's been vacant for at least two-and-a-half years. We're asking to rezone this B1 neighborhood business so that it could be the site of a restaurant. As you all might recall, about 10 years ago, the Lansdowne Club over on Lansdowne Drive was a private club as well, and they ran into the same problem this club has. Private clubs don't seem to be a compatible economic model anymore to utilize. Lansdowne Club was rezoned to be one, and it's now a successful restaurant, which is open to people in the area. where we'd like to do something similar with this to put a restaurant or other community shops and that sort of thing in the building on the property. We want to bring this back to life. Next slide I have is property to the west toward town from us. This is the Andover Club Villas. This is a picture of one of the existing villas in the Andover Club Villas. I want you to notice the architectural details, the semicircle on top, four columns in front, two chimneys on either side. Those are sort of the signature look of these villas. This is where we're going to put some of them. There's a humongous parking lot on the property Dennis is purchasing. Much of it is impervious surface right now, as you can see. Those villas will be going in this area. the existing units which I showed you are just over here on the right side. This is another shot of that parking lot. I want to point out this casino parties truck is not parked on the property Dennis will be purchasing. The day I was out taking pictures back in February it was parked in the driveway of one of the single family houses behind us so that's not on this property. now this is a picture standing on our property which we want to develop as as one and a half story pinwheel townhouses looking at the one and a half story pinwheel townhouses adjacent to us our connection we plan to make a connection right here which is country club drive which is shown on our development plan and is constructed on the other side now these are the jimmy nash's plans for what we wanted to build on our property again you see the semi-circular feature here four columns in front two chimneys on either side so he jimmy nash plans on building something extremely basically the same unit on this property next door same unit now i've gone over to the east side the side of the clubhouse farther away from town this is the driving range which had been in use up until about two and a half years ago you can see the view down to the townhouses down further to the east those are the golf townhomes of andover estates and further away they're the gulf townhouses one and the gulf townhouses two and we plan on building two and a half story town homes in this area there's another view of the golf driving range large open area this is what again from Jimmy Nash homes what they plan on constructing right there very attractive single-family townhouse units this is a map we wanted to show you the buffering between the rear of our properties or between the side of our properties and the existing properties on andover village place which is down here tony barrett drew this up and you can see we have 171 feet from edge of one unit to another and an open space which is still going to be owned by the the umbrella association of 120 feet, 123 feet width of open space between our townhomes and the single-family homes on Andover Village Space. Now, this gives us me an opportunity also to talk about my favorite feature of this. I'm going to flip back to the development plan I had originally up here, and that is how the townhouse units face. This is Todd's Road. Downtown is this way, coming out from downtown, coming by here. How do these units face? These units are designed to face Todd's Road. So when somebody's driving down Todd's Road, you're looking at the fronts of these units, much aesthetically pleasing, much more pleasing than seeing the rear of these units. Now, what about these units here that are next to our open space, which is 171 feet away from the back of the houses on Andover Village Place? But what are these people going to be looking at? Our townhouses are facing the green space right here. So the people living on Andover Village Place, when they look across the open space, they will be looking at the fronts of our townhouse units as well. So our cars will come in and we'll serve the rear of the townhouse units. So if you're not living in this unit, you're going to be seeing the fronts of units here coming down Todd's Road or from the property behind us further back in Andover. And we're going to be served. Our cars are going to come in the rear on this. this is a picture i put in of todd's road i just put this in to show you that this the entrance to the club there's a dedicated left turn lane here and there's a dedicated right turn lane in there there's sidewalks curbs horse farm type fence on the property right now this picture i put in to show the the i guess it used to be the golf cart paths now the walking trails just to be able to tell you those trails will stay open and as i mentioned before those will be open to everyone who is part of the umbrella neighborhood association of 1300 homes and again our folks will be able to use the trails deeper in the golf course that are owned by the association as well this is the picture of the club again and this is the clubs in good shape it's it's this is the patio in the back it's in very good shape it needs cleaning up and somebody to be there every day taking care of it for but for being vacant for two and a half years it's in it's in pretty good shape staff mentioned we had a concern about live entertainment on here and the planning commission agreed that because live entertainment is a conditional use, we didn't need a conditional zoning restriction because before we could do any live entertainment at all on this patio, we'd have to go to the Board of Adjustment. We'd have to send out a letter to the same people we sent a letter to the zone change for. We'd have to ask the Board of Adjustment to have any outdoor live entertainment on this patio. Last two pictures, I have two signs that sort of sum up the situation with the club. You can see up here, put this, and this is on the drive into the Andover Club, private members only. It was founded in 1989, 30 years ago. 30 years ago, the private club concept seemed to work, and this club had a good run of about 20 or so years. It's not working now. The club closed. It was foreclosed upon. It was purchased, again, by the association. and the private club won't work. We're trying to get a B1 in there so we can have a restaurant here, like the Lansdowne Club, to be open. So this building can be open and be a community focal point again, which is called for in the comprehensive plan. The next slide has another sign. It shows something sad, which is the chain across here, shutting off the club from traffic. But it shows something positive, too. It's now owned by the Andover Common Property, NFP. That's the nonprofit association which Dennis has worked with. That's the association of 1,300 homes. And it goes back to the fact that for the last six months, Dennis has worked out a plan, the plan I showed you in the first slide, which will work and is compatible and is agreeable to those six neighborhood associations that put up the money to buy the Andover Country Club. I want to spend a minute to you. I'm going to give you the 90-minute, 90-second, excuse me, not 90-minute, 90-second overview of why we agree with the Comprehensive Plan. And I'm not going to cite page numbers. All the page numbers are cited in my application, which is in your file, and in the staff report, which is also in your file. But it helps to reestablish a neighborhood focal point in the existing building. it's an excellent use of underdeveloped property including an existing parking lot which is what the comprehensive plan calls for redevelopment of it supports infill and redevelopment it respects the context and design features of the surrounding areas it's compatible with the existing urban form as i said we have townhouses on the west townhouses on the east what do we want to build townhouses It has green space and open space are abundant because the association is keeping the golf course open. It allows commercial and economic activity to revitalize the neighborhood focal point. It preserves the character of the existing neighborhood. It provides positive and safe social interaction space in the neighborhood, in the clubhouse, and on the trails. It provides entertainment and quality of life opportunities to attract young and culturally diverse professionals to Lexington. The walkways provide accessible transportation alternatives. It helps to maintain the urban service area. It activates undeveloped land within the urban service area. And it reinforces and reestablishes neighborhood focal points. Now, I could discuss each one of those five minutes, but they're all in the comprehensive plan. We cite the pages in the application that we have to you. I'd like to conclude my presentation. Obviously, we may have questions or some other issues may come up, but we are very pleased to have the process that Dennis has gone through with this neighborhood association. It's been a back-and-forth discussion for, as I said, six to eight months. And this neighborhood purchased this land. They put their money where their mouth is. They purchased this land so that they could control how it's developed. And they have done that. They have worked out a model which we feel works economically. It's a development that works, and it's a development that will put similar type single-family residential townhomes on this property, which are almost identical to the townhomes which are already on the property. Identical on one side and nearly identical on the other side. So we're very pleased to be presenting this to you. Again, we got staff recommendation of approval of this zone change and the Planning Commission recommended approval. And with that, I'd like to say we'd be happy to answer any questions you all might have about it. Thank you. Thank you. I think first we'll hear from Mr. Billings and then see if there's any interest in cross-ex. Vice Mayor Kay, ladies and gentlemen of the council, Mr. Murphy, Mr. Anderson, Mr. Barrett, Ms. Wade, and staff. My name is Nathan Billings with Billings Law Firm. It's my pleasure tonight to speak on behalf of the owner, Andover Common Property, NFP, often referred to as ACP. ACP is an association of associations. Its president, Steve Spaulding, is here this evening with me to support the request for zone change by Anderson Acquisitions. Specifically, ACP is made up of Andover Forest Homeowners Association, which purchased former holes 1 to 9 of the golf course that is now green space, protected green space against development with walking trails, bike paths, and other recreational amenities. Andover Neighborhood Association, which purchased holes 11 to 17 for the same purpose. Gulf Town Home Estates, which purchased the sort of last 200 feet of the driving range around its association for the same purpose. Villas at Andover, which purchased basically half of hole 10 and half of hole 18 for the same purpose. And two other associations that while they didn't purchase property, agreed to participate financially, financially so that while they don't have green space today, they are helping to carry the debt service and pay for the maintenance of the property because they bought into the vision. There are other neighborhoods in the area. One is Gulf Town Home 2 was involved in this process, and they are not involved anymore. They're not against this, but they're not involved. Andover Club Villas, Mr. Ron Ayotte is here this evening. He spoke at the prior zone change hearing. He may have some comments as well. They have worked closely with Mr. Anderson as well because the new proposed townhouses match their existing design. And finally, there's another association, Andover Estates, who I believe may actually oppose this tonight for some reason that I don't understand. Simply put, I agree with everything that Mr. Murphy said. I could give you two and a half years of history regarding this property, three different lawsuits, appeals to the Court of Appeals, and a plethora of steps we have taken with homeowners. We have been through dozens and dozens of meetings by which the homeowners, over 1,300 of them, decided to, as Mr. Murphy said, put their money where their mouth is. They said, let's buy the golf course and keep the majority of it green space, and let's keep part of it for limited development. And that's where we are tonight, about 18 acres for limited development. The people you may hear from tonight represent a, perhaps vocal, perhaps not, overwhelming minority of the overall Andover homeowners. During this process, we had a meeting with hundreds of homeowners that involved the purchase agreement and the development plan, and zone change is the subject of this hearing tonight. What you'll find is that a handful of people showed up tonight versus the hundreds who were there at the meeting and don't have any issue with the density or the zone changes that we're proposing. With respect to this, I just want to conclude my comments to say that I may have some rebuttal based on individual comments that are made in opposition, but I also want to thank Dennis Anderson. I've been up here before against him in zone changes, and tonight I'm here to support him. I haven't seen a situation like this in Fayette County where you have seven homeowner associations coming to the council with a developer to ask for a zone change together. If it's not happened before, it's close to being unprecedented. He has walked with us from September of last year through February when we got a purchase agreement. He met with us weekly during that process to make tweaks and changes to the development plan. He was present for any meeting that we needed to have with HOA boards in the public meeting. And I want to make sure that publicly I thank him for his participation in this process. When you fight, you fight. But when you work together, you need to say we've worked together. I ask the council to make one motion, and that is two motions. One is to approve the findings of fact by the Planning Commission, and the second one is to approve the ordinance as read without change. Thank you very much. Thank you. I have one submittal into the record, which is 20 letters of support from owners. Thank you. Does anyone in opposition wish to cross-examine either of the presentations? Seeing none, there will be an opportunity now for public comment, and I will go down the list as submitted. First would be Clyde Honaker, and again, if you would state your name and address when you come to the podium, you have three minutes. My name is Clyde Honaker, Jr. I live at 3505 Doral Place. Our townhome is located at the south end of the driving range parcel. You have heard the presentation of Dennis Anderson's attorney and of Mr. Billings, who is the attorney for the homeowners association, the ACP board. As Paul Harvey used to say, now for the rest of the story. If Dennis Anderson wants to work with the neighborhoods, as his attorney stated in prior meeting of the Urban County Planning Commission, then he should go with the original development plan of up to 36 pinwheel style townhomes that the overwhelming majority of homeowners voted for in June of 2018. At that planning commission meeting, I showed a partial video of Mr. Billings' presentation to the homeowners, where he stated the following concerning the development plan for the driving range. To quote Nathan Billings, The only way to fund this deal, referencing the purchase of the total Andover Country Club property, is the driving range has to have economic value. Everyone has known this from day one. He stated the driving range will have a servitude on it that allows 36 or up to 36, which of course means 36, Andover-style villas that you may know as the Jimmy Nash-style townhomes, which is just north of the clubhouse parcel. For future reference, we'll call these townhomes pinwheels. Our attorney then stated the economic value of that partial is going to come from a very, very controlled development, controlled in the number of units called density and controlled in the type of units where we were talking about 36 pinwheel style units. The developer may position them in certain ways with the freedom of the development plan. Whoever buys this will have to get his own change. When they buy it, they'll know they're agreeing it's already in the chain of title of that property. They know the property has 36 units of a certain style when they buy it. This is what the homeowners of the six associations voted for. Based on the presentation of our attorney that included a very, very controlled development on the driving range with 36 pinwheel-style townhomes, the majority of homeowners in the Andover community voted to purchase the total golf course property. Some homeowners actually started voting on the purchase of the property on the evening of June 6, 2018, based on the presentation by Mr. Billings. You can review his entire presentation to the community-wide meeting at www.andover.org. In fact, I have that that I was planning to show his presentation, but time limits won't permit it. Mr. Honiger, that was the perfect segue. Your time has expired. Can you wrap up, or do you need more time? I need more time. I'd entertain a motion to extend his time. I'll give you three more minutes. Okay, thank you. Based on the sales and purchase agreement signed by the president of the Andover Common Property Board with the approval of the ACP board members, it is obvious the board exceeded its authority in signing the agreement without the consent of the homeowners in the six associations that make up the Andover community. Every homeowner in the Andover community invested in the purchase of the golf course property and the sales and purchase agreement that was signed by the ACP board president and Dennis Anderson in no way follows what they expected in the development of the driving range parcel. The sales and purchase agreement should be withdrawn, and let's have a do-over on what was voted for by the majority of these 1,300 homeowners in this community. I've also brought up concerns with stormwater drainage issues on the driving range. and the stormwater goes into a 24-inch storm drain at the back corner of my townhome. I also had a video that I was going to show you of the stormwater drainage problems that exist on that property, but time will not permit. There's also an open concrete drainage ditch that runs from the back of the clubhouse property to the retention pond for the residents on Andover Village Place near Forest Hill Drive. What will be the impact of development on that property? Some of the retention ponds on the former golf course property already have serious issues that urgently need to be addressed. My question is can this area handle the stormwater issues from 88 additional homes that has been proposed in the zone change request. Again, as stated previously at the Planning Commission meeting, my recommendation is that we have a complete environmental impact study done for the entire Andover community area before considering any zone change request for this property. I also had other items to present, but time will not permit. Thank you. Thank you. Next would be Rick Towner. Ladies and gentlemen, thank you for allowing me to speak today. My name is Rick Towner. I live at 3529 Doral Place. Our neighborhood on Doral Place is actually adjacent to the driving range, the subject property that we're talking about. Unlike the 1,300 homes that they continue to reference that are supporting this, we are actually the ones who are impacted. Those 1,300 homes are not directly impacted. I'm sorry to interrupt. Can I get that clock started? Thank you. Also, I do have somebody that's going to yield their time to me this evening. If there's someone who's going to yield, if you'd give me your name. Thank you. You'll have six minutes. We'll start the clock all over again. Thank you. Okay, I've already introduced myself, so I get that free time. Some of the answers that I'm seeking to find out tonight or have been trying to find out have to do with traffic. We've heard all about the traffic on Todd's Road. We're adding a bunch more houses in there, and all of those people will funnel onto Todd's Road. There is not a secondary like there was earlier. The rainwater runoff that Clyde was trying to reference this evening, and then the density, the high density of what they're calling townhouses, they basically are glorified apartments. It's funny that they did not show us this evening when they showed pictures. They did not show the townhouses on Doral Place because they're all brick. They don't have siding. They don't have rock. They're all brick homes. So they do not, they are not compatible. with regard to the rainwater runoff from the buildings, building 70 townhouses on land that was formerly the driving range. With all the rain we had in the past few weeks, I noticed a lot of ducks in pop-up, what I call pop-up ponds, all over the driving range. While it was nice to see, my question is, where will all this water go when this property is developed into 70 townhouses with impermanable streets and rooftops. I know I don't want it in my backyard, which is part of the existing water management system, as I have a large drainage pipe, much like Clyde does, in his backyard. I'm also pretty sure that my neighbors, whose homes actually adjoin this property, don't want it in their backyard either. And I'm pretty sure that the houses on Andover Village Place probably don't want in their backyards and basements, which have a history of flooding when it was a golf course. All of this rain has to go someplace. The rezoning application indicated 70 townhouses on a driving range that will be two and a half stories. I find this very interesting as I'm not exactly sure who's going to use that four-foot half-story that's up there. Two-and-a-half stories is three stories. Any way you look at it, it's a full three stories backing up against two-story townhouses, much like the same petitioners talked about in opposition tonight to the senior apartments. It's funny to me that the people who talked in opposition to that are now supporting this, three-story houses backing up to two-story brick homes. I'm very confused by that. Our homes are all brick. These will be primarily siding, as you can see from the picture that was presented earlier, with some stone. They are in no way similar to the townhouses on the adjacent property. As I indicated, notice they didn't show you any pictures of the townhouses in which we live in that are all brick. We were told when we were convinced to buy the property, which I did support and still support the purchase of the property, that these would be 36 pinwheel townhouses on the driving range. Now we've got 70 townhouses, three-story townhouses on the driving range. I'd be pleased with 36 pinwheel townhouses. Again, nothing could be further from the truth, and it makes one wonder what members of the board were pushing all this time had in mind and what their real motivation was. It's also being requested that the existing clubhouse property be rezoned B1 and that it will be a new neighborhood focal point. I don't know about you, but I doubt that a public, for-profit restaurant will be a neighborhood focal point. Please correct me if I'm wrong. It is not going to be green space or a park or a community center or a public square, which could be a neighborhood focal point. It would be a revenue-generating, for-profit restaurant. And you know as well as I do, the chances of a restaurant succeeding these days in Lexington is very slim. Look at how many go out of business almost every week. We're finding them. So what happens once it goes out of business? Well, I guess it could be torn down and we could have a strip shopping center. You're talking about B1. We could have a nice strip shopping center in there with maybe some liquor stores and some other properties in there. I'm really confused how a strip shopping center is going to be compatible with our neighborhood. I had to cut this way down because I didn't realize I only had three minutes. What I'm asking you to do is to reduce the number of townhouses on the property to 36, or basically to turn down this request to rezone at this time. Also, I think we need in advance answers to the rain runoff issues, not after the fact. Lexington has enough problems with flooding without the council adding to that by approving this rezoning at this time. As I said, if this is such a good deal, then a few more months won't matter. I believe the early decision was the correct one. That only strengthens your decision on this. Finally, I find it very curious that there were people standing up here opposing the building of apartments for seniors who are now supporting $500,000 three-story townhouses to be crammed on a few acres. How many people can afford a half a million dollar townhouse? As a realtor, I can tell you that I have not had a client come to me and say, I want to spend a half a million dollars on a townhouse crammed in with 69 other townhouses without any land. You saw from the pictures. They don't have any land. All that land, all that green space is privately owned by the homeowners associations. It's not public space. It's not public property. Mr. Towner, can you wrap up? Your time has expired. And by the way, they have not met with the actual homeowners. They've met with this group of elected officials. They have not met with our individual homeowners in any way, shape, or form. I have nothing against Mr. Anderson. I have nothing against going back to the original design. Thank you very much. Thank you. Next would be Casey Crosby. Good evening, Vice Mayor Kay and Council Members. It's a pleasure to be here tonight. I had honestly hoped that when I would come back into the government center that it might be for someone's retirement. I won't say who, but the thought may be that I come to some fun party, but unfortunately I'm here tonight for a zone change hearing. And so I appreciate you all being here. I know you've had a long night. I can't ever recall there ever being two zone change hearings in one night. Don't take offense. You look tired, and I know you're exhausted hearing a lot of information, so I will be brief. I live at 3604 Burning Tree Lane, and I am in Andover Estates. My neighborhood was one of the interveners into the lawsuit. About two years ago, we decided that we wanted to be able to have a say in the legal proceedings as it relates to the golf course property, because when we bought our homes, we all believed that we were buying on property that was going to be protected by a golf course. Obviously, that changed, but we wanted to have the ability to intervene. We also at that time were made aware that there was a developer who wanted to buy the property, who wanted to completely lift the restrictions on the entire thing. And we did not want the golf course to be developed. And as you've heard, that is not the plan right now. That's for green space. But as interveners, we have had many negotiations with the homeowner associations as well as Mr. Billings. and you know if I could have bet my house tonight that I was going to hear 1300 households repeatedly support this plan I would have bet my house because I knew that's what you all were going to hear you're going to hear that there's 1300 households that support this and at one time I believe that a majority of those people supported it because what you've also heard from testimony is that they were told there were going to be 36 townhomes and a community center and I'll be honest with you we met back with representatives from the hoa as well as their attorney back in december we were trying to get restrictions on the property um you know for the lawsuit to be able to settle it as well as um get information for what was going to go on with the todd's road uh property as as it stands now and we were told a community center up to 36 units and that they had to do that to be able you know to pay for the the loans and um i can assure you had we known that there were going to be 88 units we would have shown up to the planning commission meeting we just simply did not know that that was the plan for their development um i was i was frankly surprised to hear that this has been going on for six to eight months all this planning and what was going to happen because that's not what we were informed when we met with them we were told 36 and a community center and And we were trying to negotiate for many months, and I think Nathan will attest to this. We were together to protect the property. We were on the same team. And now there's just been this split. So I have time yielded, by the way, from Alan Caro, who's here. Sorry, who from? My name is Alan Caro. I'm building my time. This is positive. You have three more minutes. Thank you. Thank you so much. And so it's unfortunate that we're here tonight because, you know, I've had to sit in your seat. I know Mr. Anderson is a wonderful person who does really good projects, and I know that there are people who have worked very hard on this, but unfortunately it has changed tremendously, and it doesn't, in my opinion, fit in with the scope of what's currently there and what homeowners bought their property with. And I also bought their property assuming that it was going to be a golf course. With that being said, we know that's not going to happen, but 36 townhomes to 88 from December, that's quite a change. And I loved hearing Mr. Murphy's presentation. Gosh, it sounds like Disney World. Doesn't everybody want to live there? And sometimes just because something meets check marks doesn't make it right, and it doesn't make it right for neighborhoods. I heard you all talk about how you can impact density and you can make decisions on density. and how many units are there. I would encourage you, if you're not going to vote this down, if you think there's something appropriate that can go there, look at the density. How did we get from 36 to 88 in just a short period of time? I'm sure somebody's going to rebut me and have an explanation, but look at it. Look at the price of what they're charging, and is that what we need in this area? You know, I don't want the neighborhood owners to have to take on more financial burden for another year should you vote this down, but yet I can't also agree with the plan and not say something with how it stands currently. I do want to mention quickly that we do have our lawyer here with us tonight. we determined that probably it would be best for him not to present because we have ongoing litigation on this but we do have Matt English who's with the Getty law firm Richard Getty couldn't be here with us tonight because he was in Middlesboro but we do have him here with us and you know even though we are opposing this if there's any questions or anything you all have for us between Matt myself and our neighborhood association president we'd be happy to answer any questions thank you all again for your time have a good evening thank you next would be Jason Waldeck good evening my name is Jason Waldeck I live in the Andover Estates neighborhood at 3649 burning tree lane as Casey said I'm also the president of the Andover Estates homeowners Association and have been for the last seven months. But I'm not here today to represent the residents of my neighborhood as a whole. I've been encouraged to speak by many, but I believe, I don't believe I or anyone can really properly represent the diverse set of opinions about this project as complex as it has been over the course of the last two and a half years. What I What I do know is that nobody who purchased a home or even a lot two or three decades ago in our neighborhood or any of the surrounding neighborhoods ever contemplated that the clubhouse, driving range, and golf course that wound its way through our neighborhoods would ever be at risk of being turned into townhomes or businesses. It's one thing when your lot backs up to undeveloped farmland and you know it's only a matter of time that something else might take its place. In our world, this land was already developed and was already serving its purpose as a golf course that would forever be part of the neighborhood. Unfortunately, the legalities around how the deeds were structured and how the ownership was arranged were not sufficient to protect unsuspecting homeowners, including myself, that their expectations were unreasonable. What's personally troubling about this situation is that the residents elect officials at various levels of government, assuming that they will protect their interests as part of the general interest of the public. And on that issue, so far these elected officials, including myself as president of the estate's HOA, have failed. Despite lawsuits and apparent court victories, we've allowed a bank to exploit these weaknesses for their profit and at the detriment of the homeowners. I've had people compare it to a business buying the house next door and deciding they would be more profitable to run a restaurant there instead. There was no reasonable expectation that this would take place regardless of the ultimate legality of it. Unfortunately, I'm not sure if denying the zone change tonight would lead to finding more positive ways to use this land for the city or just cause more uncertainty that would have plagued the neighborhoods for the last two years as time goes by as this has been discussed the plans have become more and more negative for the area residents and i don't know if the proposed zone changes would reverse that trend or just accelerate it but this plan does not reflect where we all thought we were headed uh just a few a few months ago collectively as a neighborhood thank you thank you Next is, again I'm having a little trouble with the name, is this Mr. or Ms. Tratt? You yielded your time. You yielded your time. You yielded. Okay. Next then would be J.P. Bryant. Thank you. Next would be Yolanda Daw. Davis. Okay, you'll correct my pronunciation. Davis. Yolanda Davis. Yolanda Davis. So I live at 3625 Burning Tree Lane. I will start out by saying ditto and ditto and ditto and ditto. We, you understand the estate section, we're not going to go and rehash all of that, but we're one of the newer owners in this whole area. We came in about three years ago. We bought into a golf community. We bought a $600,000 home in a golf community. We've never tried to make it something that it's not. And unfortunately we got caught up in all of this. It's been going on for some time now, and unless you live there, it's hard to understand. But it is what it is. We can rehash all of the terrible management that happened through the years. I've heard people argue, well, it wasn't a successful golf course when it was a golf course. Well, let's blame it on the management through the years and poor planning where HOAs didn't go and with a plan to support the golf community. And for people to say, I don't care about golf, I don't golf, I don't swim, I don't whatever, that's too bad. They bought in a golf community. So we're trying to fight to keep it at least some type of community. And when Mr. Billings did tell hundreds of homeowners that there were going to be 36 Jimmy Nash-style townhomes on the driving range, and that we're still going to, even recently and a couple months ago at a court hearing, They said we still have hope that it's going to be a golf course. Let's not fool anybody. If there's no driving range, there is no golf course. There's all kinds of other ideas we could come up with, a great executive nine hole. We could have a great clubhouse with a pool. These 88 homes, townhomes, that are taking away the pool, I guarantee you that 1,300 homeowners don't have much of a clue that their pool is also going away in order to build 18 townhomes over there. The size parking lot that's going to be left for supposedly this public restaurant. And to say that Lansdowne, you know, there's no private clubs being supported. Lansdowne is a private club with a little bit of public restaurant access. But the Signature Club and all that, it's more of a private. No one can just go and access this signature pool that I'm aware of. Someone can correct me. We're newer back here in the Lexington area. But like the Hamburg area there needs another public restaurant, not to mention collectively in all of our HOAs, there's about 1,500 of us. You can't tell me that we would not support a private-type clubhouse, pool, restaurant that truly is meant to bring the community together. A public restaurant, like another homeowner said, does not bring our community together. It does nothing for the 1,500 restaurants. We only have to go down the street a little further on Manowar to go to a restaurant. We don't need one in our backyard. Can you wrap up? Your time has expired. That's pretty much it. Like everyone has said, it's hard to put a couple of years into just a few moments. But this whole thing does need to go back and start at square one, because homeowners were sold the bill of goods that it was 36 townhomes on the driving range, and that there was great possibility for the clubhouse and the pool and all of that to truly be a place of community gathering. Thank you. Thank you. Next would be Edward Gibson. Vice Mayor, Council Members, I'm Edwin Gibson. I live at 713 Broadmoor Place in Andover Neighborhood Association. No, I don't live on the golf course, but I do get out and walk it every day with my dog and see many other neighbors out there, some of whom are not golfers. I'm not a golfer, but the nice thing about the golf course, former golf course now, is that rather than being restricted to the use of just golfers, everybody gets to use it now. It's really, truly wonderful. I am here fully supportive of Anderson Acquisitions Plan. I will say this, that, excuse me, sinuses, allergies. The, we made, we being the, I managed the ACP, when we finally came up with a plan from working with Dennis Anderson, we did hold a public meeting, and we announced it to the neighborhoods, email, signs, the usual kinds of communications. and we had about 300 to 400 people show up at the church where we had the public meeting. Two members stood up, one of whom you've already heard from tonight, Mr. Honaker, and another gentleman stood up in opposition. His opposition was that we didn't get enough money for it. We should have gotten more from Mr. Anderson. The rest of the folks at that meeting seemed to be very supportive of what we've ended up with today, so I wanted to make sure that I set the record straight, And I'm very glad to hear that Ms. Crosby doesn't want any of the homeowners to be burdened by this project not going forward with having to service the debt, because that debt's going to fall squarely on my shoulders and the shoulders of many of my neighbors and friends. So, again, I'm here in full support of the plan, and I hope that you all are as well. Thank you so much. Thank you. does the counsel for the petitioner wish to cross-examine any of the witnesses who've spoken no in that case we can have a petitioner rebuttal evidence vice back here if it's okay i'll go first then mr murphy will come back up there's been several comments made you all tonight about some promise of 36 units what you're hearing is a quote from a two and a half hour meeting where the vision of the homeowners purchasing the golf course so that the bank wouldn't sell it to a developer to develop the entire 165 acres was being discussed there was never a promise that I made during that meeting once that there would only be 36 units. I couldn't make that promise because I didn't know in the course I wasn't writing the restriction. There was a vision for that and when we sent RFPs out to developers what came back was that financially for the deal to work we're going to have to have the number of units that's being asked for in the development plan. You have several owners today from the Andover Estates neighborhood who have objected to the zone change. First and probably most importantly, none of them have addressed the legal standard for a zone change, the 2013 comprehensive plan or the 2018 goals and objectives and why the zone change application does not meet those. On its face, their comments basically don't carry any weight legally. But practically, they're the only association who wants to stand up here and object tonight but decided not to participate financially. In fact, they tried to tell the council things that I said at a meeting in which they weren't even present for or at least their association wasn't legally invited to. So they're trying to convince you of things of which they had no business being. Third, they're the people who actually have been caught on the course walking and enjoying the green space that they don't pay for today. And so I would- Mr. Billings, if you would refrain from basically talking about the opposition, that would be great. Well, the comments are relevant because they want you all to believe that you should deny the zone change today and send this back to square one, which I don't really think there's a square one, for reasons that they don't like the number of units on the golf course for something that they weren't willing to participate in. I would encourage you to come back and think about Mr. Murphy's and the staffs and the Planning Commission's recommendation that how this plan meets and complies with and satisfies the 2013 comprehensive plan in the 2018 goals and objectives. And if you do that, you're only going to come to one conclusion, which is this zone change is appropriate exactly as the Planning Commission approved it. Thank you, Mr. Vice Mayor. Thank you. Mr. Murphy. I want to make a couple comments and rebuttal. One is density. I think the staff did the calculation. It's in the report that our density, which is being proposed, i think it's 5.64 units an acre is about the same density as the surrounding existing development compatibility our townhouses on the east side are going to be larger ones just like the ones that are existing are two story the ones that are existing of a two story with a very steep roof on top of that present themselves as three ours present themselves as three also we have dormers in the roof though makes it look a little different storm water as you the plan that was approved by the planning commission two months ago was a preliminary development plan it was had a preliminary review and sign off by your all the appropriate divisions including the engineering division and the division of water quality but what you all know i'm sure is that before a spade of ground can be turned on that property dentists will have to come back with a final development plan which has all the water calculations and all the water capacity worked out with the division of water quality and the division of engineering and as you all know standards today are light years ahead of what they were 30 years ago the the standards about water runoff have never been stricter and you have at least two divisions looking at over at both engineering and water quality and those those criteria are not easy to meet and they will be looking at this very carefully traffic wise yes we have our entrance off of todd's road we will not be putting any traffic on dorale court there is no connection to it we will be putting a little bit of traffic on todd's road because that's where our traffic will come from but i do want to point out to you we didn't even meet the criteria for needing to do a traffic study under your ordinance that criteria is putting 100 peak hours trips on it we didn't even meet that criteria on on as far as traffic goes i know there's discussion of the lawsuit mr billings noted that i will note to you that the people on burning tree are about 2 500 feet away as the crow flies that's about a half mile away they can't see this property from their homes but i do want to say one thing and i'm going to do my summary summation right now too if i could very quickly mr chairman and that is that we can't turn the clock back 30 years this was well designed and worked well starting in 1989 for a number of years but unfortunately there's a vacant building out there which i showed you pictures off with it's chained off and which is no value to a neighborhood at all it's never a value to have a building sitting vacant i think it's been vacant for two and a half years now i'd like to make some use of that we'd like to put some use on this property put some additional density on the property at the same level as the surrounding uses exactly as called for under your comprehensive plan we meet i think as many criteria of the comprehensive plan as any zone change you've ever seen before and last of all i'd just like to say what type of process and what type of development do you want to encourage in this community when we have a neighborhood group that has worked so hard and meant so much to them that they spent their own money to buy this back from the bank at considerable price, put out a competitive request for proposals for a number of developers, chose their developer, spent six months working a development plan which we showed to you that they all agreed with and put it in writing with Dennis. Isn't that exactly the type of process and isn't this exactly the type of plan that we should be encouraging here at Lexington? you thank you does anybody who is in opposition wish to offer rebuttal evidence or to make a summary statement mr honecker welcome back again my name is clyde honecker and i live on durrell place I have a video copy of the presentation that Mr. Billings made to the property owners in June of 2018. It's about three or four minutes long. I'd like to show you that presentation if that's acceptable. I'm going to have to see. Is there any objection? I have an objection to context. On council members, an objection to seeing this video and then allowing? I would like to raise the objection. I'm sorry. I'm not asking for council objection at this point. I'm asking for council members. Please go by and get it. I will note your objection. I'll note your objection. Council Member Brown. Vice Mayor, I guess I would ask our law department if it's relative to the land use decision that we're here to make today as opposed to the development plan. Fair enough. Ms. Jones. You know, what you all are considering is the zone change that was sent forth to you all by the Planning Commission. So unless you all believe that that's somehow going to inform your decision based on that, I'm not sure one way or another if it's going to be relevant. I don't know what's on it, so. Councilman Maloney. Did you present this at the Planning Commission? Did you do this video at the Planning Commission? Yes, I did. You did? Okay. Council Member Worley. Vice Mayor, I mean, I want to be cognizant of our time, but if Mr. Honaker believes that it will inform our decision and is relevant and he presented it to Planning Commission, then I think in my position... What I simply want to do is to show what the presentation... I understand. I understand. Just let me... Finish and see if there are any further. I think without objection, we'll allow you to run that. I'm noting the objection of counsel for the petitioner. We don't want to own those parcels. These parcels have to get out of value. We need a little volume. Can you start it again? The separate way to put it is, they have to get out of value that's going to fund the transaction. if we don't have one for people. So what is the intent of these parcels? Well, we don't want to own those parcels. These parcels have economic value. The simple way to put it is they have economic value that's going to fund the transaction. We don't want to be in the property ownership. We don't want to be in the property management. And we're not going to be in the property development business. We are buying this for one reason and one reason only. Because we have to buy it to get the rest of the property from the bank. And we're going to sell it as quickly as possible. As quickly as possible. There's some good things inside of this for those of you who are saying, I don't want to do that. So first, what are the servitudes? The clubhouse parcel has the same servitude we've talked about before. It is a golf course and country club clubhouse with pool, recreational amenities, tennis courts, a restaurant, event space. We've had an offer on that. I'll talk about it in a second. Before that, we don't think we'll have a problem listing that for sale. It is our desire that that parcel should become a neighborhood center that is redeveloped, re-envisioned by a private developer who invests money in it and invites you on the company owners, but then we're going to pay for that parcel. You're not going to long-term. You're not going to pay to develop it. you're not going to put the pool in, you're not going to do the maintenance on the clubhouse, you're not fixing the parking lots. We have to buy this for an interim. The driving range. The only way to fund this deal is that the driving range has to have economic value. Everyone has known this since day one. Now, there's a way out of this, which I think is unlikely, and I'll tell you about it in a second, but the driving range would have a servitude on it that allows 36, or up to 36, which of course means 36. and the reclump villas you only know them as the jimmy nash style townhomes which is just to the north of the clubhouse parcel if that makes sense so that's what that the economic value from that parcel is going to come from very very controlled development controlled in the number of units called density and controlled in the type of units now there may be the developer may position certain ways but then there's some freedom in a development plan whoever buys that's going to to go get a zone change it's currently zoned au so we're gonna not fight these associations are not going to fight them we can't sell the property to go fight his own change but they're gonna when they buy it they'll know they're agreeing because it's already in the chain of title of that property they know that property has 36 units of a certain style when they buy it finally the 18th hole on the west side is the remnants frankly that was the thorn in my side for weeks because no that's that's the presentation that was made and based on that information majority of homeowners in the six associations voted to purchase this property because we felt i felt there was going to be 36 pinwheel style townhomes on the driving range property that got switched by the andover common property board to 70 three-story townhomes thank you for your time thank you since this is new evidence that's been introduced if petitioner would like to respond there'd be an opportunity um so this is the second time that we've been um at the planning commission we had the same clip or about the same clip and that clip is uh about two and a half minutes of a two and a and a half hour public meeting where we said we have to sell the driving range and that portion is regarding the proposed 36 units. There was no promise in there that it was ever going to be 36 and if you watch the full video which he's introduced in the record so before you vote tonight you're welcome to take it and watch it. What you'll see is the structure of the deal was based on 36 units but there was never a promise that it was only going to be 36. Number two and we sent the RFPs out they were sent with the basis of 36 units and when they came back none of them said they could do a deal with 36 units and so Mr. Anderson's proposal had a certain number of units those were sent out to all of the HOA boards all of the HOA boards reviewed them discussed them and voted to approve the number of units that's before you tonight. Number three we had a public meeting where this was presented to the owners and again at that meeting that Mr. Gibson referenced a minute ago a couple hundred people two people stood up to object I want to be Mr. Honaker that there was 80 units instead of 36 units on a hundred and sixty-five acres of land. Number four, in the civil lawsuit that was settled by or that a final judgment was entered in mid-May, the court adopted a servitude for the golf course property for the clubhouse and the driving range that says it's the exact number of units that's on here today. So it's in the chain of title. Although it's not a density restriction for your zone change, it's a private restriction that's held by the associations, which is more, in my opinion, it's more legally strict. It's more legally binding than any conditional use restriction that the council could put on this. The homeowners control that density. No one else would require a vote of those boards to change it. Those are the four points in rebuttal that I don't think it's relevant to the zone change. But, again, I think that this is a red herring about the number of units. But those are four factual things that you can see and understand regarding the 36-unit issue. Thank you. The only thing I'd add to that is that what you heard is an internal dispute in the neighborhood association that doesn't involve Mr. Anderson. And we do have a signed agreement with the association to do the development that we're proposing to you. I would point out to you that I think only two people who testified, the one on Doral, are members of the Umbrella Association, the six associations that Mr. Billings represents. The ones over on Burning Tree are not part of that association. They're a half mile away. But I would point out to you that, as we've said, yes, there's 1,300 households in the association that Mr. Billings represents. You've heard objections from two of them. The other 1,298 households are not here, are not objecting to this, and are not saying to you that this is contrary to what the association agreed to do with Mr. Anderson. Thank you. Thank you. At this point, I'll open the floor for questions. If you come to the podium, I'll give you three minutes. Thank you so much. Just a couple of points. First of all, it's very challenging as homeowners with a very vested interest in the value of our property, And I hope you all can feel the emotion that we have as homeowners. Just picture if it was your home. But we have to stand here and go up against these, you know, Nathan is, don't give me that smart, Nathan. One of the best that there is, I don't know this gentleman, but they do paint a very rosy picture, and we get that. But for them to act like there's just two homeowners or five homeowners, And the way that they treat the estate section, that we're just like the bastard stepchild because we're not part of the master association. We pulled out of that, as you know, to be intervening. We have our own investment in it. We have been assessed as homeowners. We do have a very vested interest in this. I've always said, people will say, Yolanda, why do you care? Because what affects one affects all of us. for him to say that we're 2,500 feet away from that. That is our community. I think it's an insult to act like just because we're back in the estates that it doesn't matter to us. It matters to us because it matters to our neighbors that's up front there. Does it matter that we don't have to see it? Yeah, we don't have to see it, but it doesn't matter. We are a 1,500-home community back there. We're not a 1,300-home community. Not all homeowners are represented because we, as almost 40 homes, again, pulled out a long time ago and had to join in in this lawsuit because we kind of saw what was happening. If we didn't, we could have had a proof fitness center on the driving range, is what was originally talked about. And as far as RFPs and all of this coming back, we had Ron Turner, a local businessman, very interested in developing the clubhouse and the pool. And what happened to that? Well, you can ask Mr. Billings what happened to that during mediation. And as far as this whole thing of we're protecting the golf course and all that, they were never protecting the golf course because they knew there would never be a golf course. And so whatever plans have gone on behind the scenes, and, well, we can't make it work. Well, if it worked with Jimmy Nash apparently buying property at, what, 175,000 an acre or whatever it is, now supposedly now they're buying it, and I could have my numbers wrong, at 100,000 an acre. Why did it work before at a higher number? But yet we act like this gentleman is coming in as the savior for the Andover golf community. And all I have to say is there's a whole lot more ways to skin a cat. Thank you. At this point, Council, if you would like to ask questions of staff. I'm sorry. I'm going to. I think. We're done. Can we have a quick free speech? All right. I'm going to have to go to that. Okay. we're going to do two things one we're going to give people a mercy break and take a 10-minute break when we come back it's going to be uh council questions of uh everybody who's testified come back in 925. The End ¶¶ ORCHESTRA PLAYS ORGAN PLAYS Thank you. Thank you. Thank you. ORCHESTRA PLAYS The End Thank you. ¶¶ ORCHESTRA PLAYS ORGAN PLAYS ¶¶ We don't have everybody here. No, the person's not here. We'll have to wait a minute. The End ¶¶ The End I have to repeat myself. At this point, council members, if you have questions of staff, petitioner, or opponents, please sign in and I'll recognize you. Council member Worley. Thank you, Council Member. Thank you, Vice Mayor. I just wanted to follow up. The units per acre was, somebody said that was 5.64 units per acre. Was the staff or Ms. Murphy or whoever would like to answer that? Yes, that's the calculation the staff did based on the area of the residential zoning. Okay. And then we divide by the units. okay so not not with this the small business piece but the residential zoning correct yeah thank you and I guess this is a follow-up but then for the record from our previous that is generally in line with the units per acre in the in the vicinity the average more or less yes five units per acre is about the average in the in the general area. Okay thank you and then I have a question for Mr. Towner. Mr. Towner you said you had a statement about there's something I didn't understand about your statement on the 36 units versus the presentation and I ask you to be really brief this is not three minutes to you this is my time that I'm that I'm asking this question so but so if you would explain if you would explain that again please very briefly because now I'm at just barely over okay I'll be real quick I think the 36 units is the is is key to this whole thing I think the homeowners of 1300 homeowners bought off on 36 units I think the other evening that we were we had a meeting the other evening and we were told at that time by the attorney if someone files an appeal they will be costing all the neighbors a lot of money that is a quote again a quote that you might have seen on this thing. So that sounds like a threat, sounds like doxing to me. Thank you. Thank you, Mr. Tanner, for clarifying that. At this point, Vice Mayor, I don't believe I have any other questions right now. Thank you. Thank you. Council Member Lamb. Thank you, Vice Mayor. My question, the first one would be for Ms. Wade. Sorry that you had to, you're getting exercise. My question is, and Mr. Murphy, he talked about this a little bit, but can you explain about the stormwater study and at what point that would come into play and when and explain that? Absolutely. During the development process, the typical process would be with a zone change, a preliminary development plan. At that point, the applicant is asked to designate an area for stormwater detention in a manner in which they would propose to do their stormwater management, but they don't have to do all of the engineering to know exactly the size of the basin or how deep it might be to accommodate stormwater management. That usually comes at a final development plan stage after they have been granted a zone change and know for sure what kind of development and what density they would be allowed to build. So at the final development plan stage, before they file, they typically do those engineering calculations to determine what size pipes are necessary, what size basin, if they can do underground detention, and also not just quantity of detention, but they also have to do stormwater quality management. So filter the water if necessary. Okay, and so that is required. It's not like a traffic study. It's based on, and you don't have to do it if there are certain parameters, but the stormwater, it has to be done. It has to be done. Okay. All right. Okay. Thank you, Ms. Wade. Mr. Murphy, I would like to ask you a question, Mr. Murphy. Can you tell us what the estimated costs, I assume that these are all going to be sold. They're not for rent. They're for sale. Well, these are planned to be. Dennis is developing the property, and it is planned that Jimmy Nash will be building the units on there. Costs, I can't, you know, it's not really relevant to zoning. These are going to be pretty large townhome units. I think every time you have new units, they always cost more than existing units. So we think we'll be bringing up property values there. Is it fair to, I think somebody mentioned $500,000. Mr. Anderson is nodding yes that they'll be in that range. Okay, and I know while we're on Tates Creek Road, the townhomes that are getting ready to be built there, we're in that range as well. So the other question is for Mr. Billings. Is Doral Place, the homeowners on Doral Place, are they in this ACP? Yes, the homeowners on Doral Place are members of what's called Gulf Townhome Estates, which is the townhomes that were at the end of the driving range that have a 200-foot buff around it. So the two who spoke here tonight are members of that HOA, and that HOA's board has supported, is a member of ACP and has supported the ACP proposal. That doesn't mean that individual homeowners can't have a different opinion. They certainly can. Right. I understand that. But their association has supported this and does support. Okay. Thank you. I just wanted to know if they were included in that because this, I mean, having six different homeowners associations is a huge area, and that's a lot of people, a lot of people to manage. So thank you, Mr. Billings. Okay. I think that's everything I have for right now, so thanks. Thank you. Councilmember Maloney. Thank you, Mr. Billings. Could you please get up? I have a question for you. I used to play this golf course all the time. It's a beautiful golf course. I've been following this. When it comes to taking golf courses away, I think the majority of my colleagues up here know how much I love my golf courses. But I understand what has happened to this golf course and what the situation is, and I follow it through the court case and all that. The question, I'm going back to you. You said you would like to see 36. You all sent the RFP out. How many people responded other than Mr. Anderson, and how many of those people were going in? So you can compare the difference. I know 36 units, people think you can afford to do all that. But when you get to the RFP from those other folks that you all got in, how many units were you looking at compared to what Mr. Anderson? I mean, were there other ones that came in that from what I heard? There were. So the RFPs were in three steps, one for a golf course operator, one for a developer of the driving range with the units, and one for the developer of the clubhouse parcel. So there are three different ones sent out. We documented that there were 2,000 different individual recipients of the RFP solicitation process. From that, we received about a dozen different people with interest, and from that we received less than five written proposals. Did any of them come in with 36 units, or did they all come in? One came in with 36 units and the price was approximately half of what the debt service on the property is. So that the homeowners would have to be assessed about another million dollars. I think we need to understand. I mean, I'm trying to figure out when I hear the 36 units and I hear how many people bid on it. But the one that did come in 36 is not going to be able to pay for the debt that you all had to get back in to help pay the... There was one written proposal for the 36 units, and it was, I believe, just over 900,000. I have to go back to the original figure, but just over 900,000. That's what I need to know. Thank you. Thank you. See, no one else signed in to ask questions or comments. So I will, at this point, declare that the hearing is closed. And now it's for the council to deliberate amongst itself and to offer motions if appropriate. If there are further comments, questions at all from council members, please sign in. Council Member Brown. Thank you, Vice Mayor. I'll just give my two cents. I didn't have any questions. But this development in this neighborhood, I didn't support the last development that was presented to us tonight. I know these are two different things. But I think this plan going forward is more reflective of what exists in the neighborhood. The housing stock, the type of density that we're talking about, you know, five units per acre. I think that's something that's going to be more palatable to the neighbors. i think the the effort that the the combined neighborhood associations have put together to purchase the property to look for ways to develop uh or redevelop their neighborhood in a way that's going to be uh uh except more or acceptable to to to some of the folks that live in the community i think it's uh is um is something to be applauded i think it's unfortunate that um that not everybody is on board with the plan, but I think this is an opportunity for this neighborhood to see redevelopment in a community in a way that isn't as dense and isn't as tense as what we're asking some of the communities in our city to see. So I'm inclined to support the recommendation from the planning staff and the planning commission and hopefully, I think the one gentleman said it best, if we don't approve it and have to send them back to square one, it may not necessarily make this whole thing better. It may make it worse. It may cause more confusion. So from my perspective, at least the land use that's being proposed, I think is suitable for the property that we're looking at. Thank you. Thank you, Vice Mayor. Thank you. Council Member Worley. Thank you, Vice Mayor. And I'd say thank you to all my colleagues for giving so much attention to very important matters in 7th District tonight. It's hard to do them both in one night, and I know we're tired. This is not only given the fatigue myself, but this is a really difficult one for me because, like Council Member Brown said, I adamantly opposed the last one that we heard tonight because I didn't believe that it even came close to matching the neighborhood, whereas I think Mr. Anderson has really done a wonderful job of trying to match what is – do something that complements the neighborhood. And the five plus or minus units per acre, the similar design, similar layouts. That being said, I speak with Mr. Towner regularly. Mr. Honaker, you know, these are folks in my district that I, Mr. Waldeck, you know, that they're leaders in our district that I work with them and I value their opinion. And, of course, Council Member Crosby, one of my former predecessors who I rely on for her counsel and leadership in our district even still to know that there's, you know, as Council Member Brown said it, that not everyone has come along. and whether that be the process or perceived promises made, and perhaps Mr. Honaker, there may be a lawsuit out there. I don't know. I don't think it's involved with this zone change or Mr. Anderson, but I think that may be where his redress is better found than here. I'm inclined, I believe, to support the zone change because I do believe that something not palatable could be what happens here at the cost and expense of all of those neighbors, as opposed to something that I think is beneficial, though we're losing a golf course and that amenity may never come back, never have the opportunity to come back. So this is just a really difficult one for me. I, it's just, it's a tough one. So that's it. Thank you. Thank you. I see nobody else signed up. At this point, I would ask for a motion regarding the findings of fact. Council Member Farmer. And I would make a motion to approve the zone change based on the findings of fact as approved by the Planning Commission. So moved. Second. I have a motion and a second to approve the, adopt the findings of fact and the recommendation of the planning commission. Is there any further discussion? Seeing none, Madam Clerk, please call the roll and give us a screen. Ms. Lamb? Yes. Mr. McKern? Yes, ma'am. Mr. Maloney? Yes. Ms. Massadi? Yes. Ms. Plowman? Yes. Ms. Reynolds? Yes. Mr. Worley? Yes, ma'am. Mr. James Brown? Yes. Mr. Ellinger? Yes, ma'am. Mr. Farmer? Yes, ma'am. Vice Mayor Kay? Yes. That vote reflects passage of the motion. Now I need a motion on the ordinance itself. I have a motion. And a second to approve the ordinance. Any further discussion on that motion? Seeing none, Madam Clerk, again, please call the roll. Ms. Lamb? Yes, Mr. McKern? Yes, ma'am. Mr. Maloney? Yes, ma'am. Ms. Massadi? Yes. Ms. Plowman? Yes. Ms. Reynolds? Yes. Mr. Worley? Yes, ma'am. Mr. James Brown? Yes. Mr. Ellinger? Yes, ma'am. Mr. Farmer? Ma'am. And Vice Markay? Yes. And that vote also reflects passage of the motion. Thank you all for all of your hard work on this and I'll entertain a motion to adjourn. So moved. Second. Motion and a second. Without objection, we stand adjourned.