‘Subterfuge and deceit.’ Lexington council OK’s new soccer stadium amid local opposition.

The Lexington council voted Tuesday to approve a zone change on Athens Boonesboro Road for the Lexington Sporting Club’s new soccer stadium.

Whether Lexington’s newest professional sports club will build at the location near Interstate 75, adjacent to its youth sports fields, is yet to be determined.

On Monday, the Nicholasville Planning Commission voted to change multiple zoning classifications at 4615 Nicholasville Road for property adjacent to Brannon Crossing near the Fayette County line. It also voted to recommend annexation of the property by the city. A tax increment financing proposal submitted to the city includes a 5,000-seat stadium, a 160-room hotel, a restaurant and retail complex and 360 apartments or townhouse units.

The Nicholasville City Commission must approve the zone change and a separate application to annex the 100 acres. That vote is scheduled for May. The commission has not yet considered the TIF proposal, which also must be approved by state economic development officials.

The Lexington-Fayette Urban County Council voted 10 to 2 to approve the zone change from a B-5 business to a B-3 business zone at 5380 and 5354 Athens Boonesboro Road and a conditional use permit that would allow for a sports stadium, training center, medical building and restaurants at that location.

The vote came after a nearly five-hour hearing Tuesday.

The Urban County Planning Commission unanimously approved the zone change and conditional use permit for the stadium in January.

The location is adjacent to 10 fields for the Lexington Sporting Club youth soccer program. Those fields, currently under construction, were approved by the Board of Adjustment in September.

$40 million project, 300 jobs

IVCP Athens South, the owner of the property, requested to change the zoning for approximately 30 acres near I-75 from a business zone (B-5) to a highway service business (B-3) zone.

The proposed development would be accessed from Doe Run Trail, which is adjacent to the Speedway/SuperAmerica on Athens Boonesboro Road, and a second entrance further west on Athens Boonesboro Road. The plans call for a traffic light to be built at that new intersection.

The proposed stadium is 60,000 square feet with 2,000 parking spaces on the property.

The stadium would be located adjacent to I-75, away from neighboring properties.

It is in a rural activity center, an area that has industry and jobs. It has sanitary sewer lines. Because the proposed location is in a rural activity center, applicants need to show that it will create jobs, city planners said.

Lexington Sporting Club estimates the project will cost $40 million and generate more than 300 jobs, said Hal Baillie, a senior planner with the city. The club estimates it will generate $16 million in salaries. Moreover, it will generate more money in tourism dollars, Baillie said of LSC’s application.

The city’s planning staff had recommended approval of the zone change and conditional use, Baillie said.

The planning commission also put other restrictions on the property including banning all adult stores and entertainment, pawnshops and automobile and tractor sales.

Not a ‘bait and switch’

Stephen Ruschell, a lawyer for the developers, said the group is interested in putting a stadium in Fayette County, despite the pending application in Jessamine County, which is moving forward.

“We have been accused of baiting and switching,” said Ruschell. “This is the last chance to have the possibility of a stadium in Fayette County.”

The Lexington Sporting Club previously proposed putting a stadium in downtown Lexington and Newtown Pike. Both proposals were eventually dropped. Ruschell said at least five surrounding counties have asked Lexington Sporting Club to come to those counties after the pro club struggled to find a permanent home in Fayette County.

“Out of desperation, we had to listen,” Ruschell said of the Nicholasville and Jessamine County proposal to help build the stadium with a TIF.

“My client, all things being equal, wants to have the stadium in Lexington,” Ruschell said.

The stadium is just a small part of the zone change.

“This land is underutilized,” Ruschell said. It is currently vacant, he said. It has been zoned B-5 since the late 1960s.

Ruschell said they have worked with the Kentucky Transportation Cabinet to make Athens Boonesboro Road safe.

“This development will not decrease the level of service,” Ruschell said. There will be more cars but it will not significantly impact traffic in that area, a traffic study paid for by the developers showed.

Lexington Sporting Club officials said the training facility is also key.

Vince Gabbert, president of Lexington Sporting Club, said the “facilities are a benchmark of what we wanted to do. This will give our kids the opportunity to mix with professional athletes.”

Gabbert said Lexington Sporting Club’s franchise agreement with USL, its league, is to have a stadium built by 2024. However, LSC can get a waiver from the league if a stadium is not built.

‘Subterfuge and deceit’

More than a dozen people spoke against the zone change Tuesday night.

Many accused Lexington Sporting Club of trying to shop locations. The stadium is going into the Brannon Crossing area, they said.

“They have never been honest with the planning commission and staff,” said Tom Miller, a lawyer who represents residents opposed to the zone change.

“Nicholasville is where that stadium is going to be built,” Miller said.

MIller said Bill Shively, one of the owners of Lexington Sporting Club, was quoted in the Lexington Herald-Leader in March as saying he could not commit to the Athens Boonesboro Road location.

If a stadium is not built, the developer should commit to returning the property to the original zone, he said.

Don Todd, a lawyer who represents other landowners in the area, asked what happens if the soccer club chooses Jessamine County.

“What if you give them this zone change, they go to Jessamine County?” Todd said. “You can’t take that B-3 zone change back.”

Todd said the planning commission did not know at the time it approved the zone change about the pending applications for a zone change and tax increment financing in Jessamine County.

Dr. Andrew Pearson, who lives near the proposed Athens Boonesboro stadium location, said he too does not trust Lexington Sporting Club. His kids played soccer. “I’m a big fan of soccer,” he said. “I’m not a fan of subterfuge and deceit.”

Julie Goodman, who is also a Fayette Circuit judge and lives near the proposed stadium, said the developers would not speak to neighbors at first. It was only after neighbors starting asking questions they agreed to talk to meet.

“We were told not to worry about it. That the stadium was going to Jessamine County,” Goodman said.

Goodman said poor kids can’t get to that location. It’s too far out of town. There is no public transit to the stadium.

“We are creating a soccer stadium for the rich and elite,” Goodman said. “None of the poor can get there.”

Yet the city wants to give “$1 million to a millionaire,” Goodman said.

In 2022, the city council approved $1 million to be set aside for a youth sports complex. The city and Lexington Sporting Club are still in negotiations about what those incentives will include and what type of benchmarks LSC must meet to get that money, city officials have said.

Whit Whitaker, president of the Lexington-Fayette County NAACP, agreed with Goodman. Marginalized communities can’t get to the proposed stadium and youth soccer fields. “There’s no equitable access,” Whitaker said.

Others opposed to the zone change said the traffic along Athens Boonesboro Road near I-75 was treacherous. Adding thousands of fans to the roadway will only worsen traffic conditions, they argued.

In a rare move, Janice Meyer, a planning commission member, spoke at Tuesday’s meeting. Meyer voted in favor of the zone change in January.

“I thought it was going to be good for Lexington,” Meyer said. “We have an applicant who has not convinced me this is going to happen in Lexington. If you take away the stadium, you take away the medical facility, why do we even need a zone change?”

Ruschell countered his opponents have not raised any new arguments since the planning commission approval in January.

“Their arguments did not hold water,” he said. “My clients have been more than forthwith.”

Ruschell also blasted Goodman for bringing up racism and inequality.

“She’s trying to get the African-American vote today,” Ruschell said. Four members of council are Black. As a sport, soccer attracts diverse players.

Baillie said if the preliminary development plan changes dramatically — such as if a stadium is not built— the commission can deny the final development plan.

Council votes 10-2

Councilwoman Kathy Plomin, who represents the rural area, voted against the zone change. Plomin said she understands Lexington Sporting Club needs to find a permanent home, “but our community deserves trust.”

Councilman Chuck Ellinger voted for the zone change but, he too, said he wished there was more transparency.

“I feel like we are getting played a little here,” Ellinger said. But Ellinger said if the stadium is not built, the planning department can turn down the final development plan for the property.

Other council members said the soccer group had proved the zone change was needed.

Councilwoman Whitney Elliott Baxter said the group had proposed the Athens Boonesboro Road location after two other locations were nixed in part due to opposition. Baxter said the city can’t say “no” to every development in Fayette County.

Council members who voted in favor of the zone change: Ellinger, Baxter, James Brown, Fred Brown, Shayla Lynch, Hannah LeGris, Brenda Monarrez, Liz Sheehan, Denise Gray, David Sevigny. Council members who voted no: Plomin, Tanya Fogle.

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