Fiscal Court overturns OMPC rezoning decision regarding subdivision near Yellow Creek Park

October 7, 2022 | 12:10 am

Updated October 6, 2022 | 11:02 pm

Graphic by Owensboro Times

Daviess County Fiscal Court unanimously voted to overturn an Owensboro Metropolitan Planning Commission decision to rezone approximately 9.5 acres that would have allowed 36 duplexes to be built in a neighborhood of single-family homes near Yellow Creek Park.

Despite presentations and complaints from several concerned residents, the OMPC voted 7-1 on August 11 in favor of rezoning land on Cambridge Drive and Sturbridge Place to allow duplexes to be built by developer Gary Boswell. Boswell originally planned to build single-family homes but later decided to put in duplexes instead.

Residents wasted no time appealing the OMPC ruling, putting the decision in front of Fiscal Court.

On September 15, approximately 30 residents showed up to the Fiscal Court meeting to show their opposition to the rezoning. Per Fiscal Court’s rules and state statutes, however, no new statements could be given by those in the audience. (A recap from that meeting can be found here.)

On Thursday, before Fiscal Court voted on the appeals, both sides were allowed to present final arguments. 

Attorney Charles Kamuf spoke on behalf of Boswell.

Repeating arguments previously made to OMPC and Fiscal Court, Kamuf said the proposed duplexes were in accordance with the city’s comprehensive plan. He also claimed the duplexes would blend in with the neighborhood so that people would not be able to tell a duplex from a single-family home. 

With the roughly 9.5 acres not having been developed, the OMPC deemed it would be beneficial to the neighborhood to do something to the land.

Gail Baldwin, who resides in the neighborhood, spoke on behalf of the appellants.

“We have no desire to see our subdivision undergo such radical changes that would come with the introduction of the duplexes,” she said.

She noted the neighborhood residents knew that someday the land would be developed, but believed single-family homes would be built. The residents have repeatedly said they don’t oppose more single-family houses being added. 

After hearing both sides, Fiscal Court members unanimously voted to overturn the OMPC decision to rezone the land. 

“I just want to commend all the citizens that are in the subdivision that we dealt with tonight,” said County Commissioner George Wathen. “… I think the fact that they showed up, they did a good job, and I think it’s an example of how you can make a change as a citizen.”

October 7, 2022 | 12:10 am

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