Planning commission denies zone change for apartments near Stonewall neighborhood

Lexington’s planning commission denied a zoning change Thursday for two proposed apartment buildings off Higbee Mill Road and Cornwall Drive after hearing widespread opposition from neighbors.

Turwell LLC wanted to build the two-story buildings at 1580 Higbee Mill Road. Turwell originally proposed 48 units but decreased the number to 32 with 64 bedrooms after hearing neighbors’ complaints. Turwell requested a zoning change from townhouse residential, called an R-1T zone, to planned neighborhood residential, called an R-3 zone.

The Urban County Planning Commission voted 6-2 to deny the zoning change after a more than two-hour hearing.

The planning staff had recommended the number of apartments facing Higbee Mill Road be decreased to 20 to create a buffer between the apartments and the adjacent Stonewall neighborhood.

But Jihad Hallaney, who represents the developers, said the 32 units were still fewer than what would be allowed under the current zoning. Moreover, the building heights were reduced to 25 feet because of neighbors’ concerns, though the R-3 zone allows a maximum height of 35 feet.

If they were to build townhouses, which are allowed under the current zoning, the townhouses would be closer to the neighboring property lines and larger then the proposed apartment buildings, Hallaney said.

Andrew Franklin, a resident of Stonewall, said the density and scale of the apartment complex was inappropriate in an area with single-family homes. There is a flood plain that goes through part of the property. Although the two buildings are not in the flood plain, part of the parking lot would be.

“We are concerned about where all of that water will go,” Franklin said.

Other residents expressed concern that their property values would drop if the apartments were built.

Moreover, there already are too many apartments on the city’s south side, some said.

But Mike Martin, a real-estate agent, did a market analysis of single-family homes near apartment complexes in various neighborhoods for Turwell. “Most of those values remained the same or increased,” Martin said. “The values of the Stonewall neighborhood would not be impacted if everything is done in the correct way.”

More than 1,090 people signed a petition opposing the development, and 163 emails objecting to the apartments were sent to the commission and planning staff. Opponents dressed in blue packed the council chamber Thursday. Dozens had to watch the hearing on televisions outside the room because of lack of seating.

Planning commission member Carolyn Plumlee, who made the motion to deny the zoning request, said the R-3 zone was not appropriate for the area. “The existing zoning is in keeping with the neighborhood,” Plumlee said.

Mike Cravens, who also voted to deny the zone change, reminded Stonewall residents that the developer could build townhouses on the property without a zone change.

“There could be 24 townhouses or more,” Cravens said.

Planning commission chairmen Mike Owens agreed.

“This land will be developed at some time,” Owens said. “I commend the applicant for trying to make it work.”

The two planning commission members to allow the zone change were Will Berkley and Joseph Smith.

This story was originally published February 25, 2016 at 4:46 PM with the headline "Planning commission denies zone change for apartments near Stonewall neighborhood."