Roughly nine acres of land that includes 2116 Daniels Lane — the future site of an apartment complex — has been reclassified from a single-family to a multi-family residential zone after approval by Daviess County Fiscal Court on Thursday.
The lot is at the intersection Daniels Lane and Hayden Road, near Meadow Lands Elementary School.
When Fiscal Court held the first reading of the amended ordinance two weeks ago, there was some short public debate about the potential rezoning. Several residents who had appealed the rezoning ordinance shared their concerns.
“We felt that we needed to give them the opportunity to express their concern, so the folks who filed a petition with the court to overturn the zoning were heard,” Daviess County Judge-Executive Al Mattingly said.
Mattingly said Fiscal Court could have “thrown everything out” and moved forward with the rezoning ordinance without hearing anyone speak, but they didn’t want to proceed that way.
“We could’ve done nothing. If we had, it would’ve become law in 30 days,” he said. “I don’t think that would have been treating the two sides fairly.”
County Commissioners reviewed the evidence and procedures previously discussed by the Owensboro Metropolitan Planning Commission as part of their decision-making process.
Those who appealed the decision largely focused on traffic issues and noise concerns they believed would be caused by a large apartment complex being developed nearby. Mattingly said he understood the grievances.
“Nobody likes to see a change in their neighborhood, particularly a neighborhood where there are single-family houses, and now you’re going to bring apartments in the area,” he said.
However, he said, a lot of neighborhoods across the country were evolving to become “mixed-use” neighborhoods incorporating both single- and multi-family homes, including apartment complexes.
“It’s not that uncommon,” he said. “Regardless of whether it’s single-family or multi-family, it’s still residential.”
Though a traffic study had been requested, Mattingly said it wasn’t necessary unless the number of apartments exceeded 140 units. He recommended those wanting a traffic study reach out to OMPC, the County engineer or the state to inquire about changing the law.
“But you don’t change the rules when somebody has started the process,” he said.
Commissioner George Wathen said he thought it’d be a good idea to have some sort of fencing for the new apartment complex to help keep residents and traffic separated — with the lot near the intersection of Daniels Lane and Hayden Road.
Mattingly supported the idea.
“When you have apartments that are so close to county roads, kids tend to be rambunctious and they don’t look where they’re running and playing, and they end up running out into the street,” Mattingly said.
Mattingly proposed constructing an ornamental fencing within the property boundaries and outside of the easements of the Daniels Lane and Hayden Road sides, as well as down the “west side, where that single-family house is.”
He added that he didn’t want anything constructed that would block the apartment tenants from being able to see.
Mattingly said those additional conditions would be implemented through Planning and Zoning in the future.
