Zone change for Davis property passes 3-2

April 27, 2004|LIZ MAPLES

A zone change for patio homes on the east end of Danville passed with a vote that split the Danville City Commission and broke its usual voting bloc Monday.

The homes are being developed by Jim and Nancy Davis as part of a 300-acre planned development on the U.S. 150 bypass. The land where the Davises want to build the homes is now zoned for agriculture.

Four conditions passed unanimously by Danville-Boyle County Planning and Zoning Commission were the focus of discussion. Those conditions were:

* A traffic study be completed. The study has been finished, but commissioners weren't given a copy because it would have been considered new evidence, and isn't allowed, by law, to be considered.

* Adjoining property owners Mike and Beth Perros be given access from their house by way of a new road planned for the development.


* The Davises extend utilities to Stone Land Farm, so that property could be developed.

* The development remain consistent with the county comprehensive plan.

Commissioner Jamey Gay made a motion to approve the zone change with the conditions. Commissioner Chester Kavanaugh seconded the motion then withdrew his second. Mayor John W.D. Bowling then seconded the motion, putting it to a vote.

Gay and Bowling voted in favor, along with Kavanaugh, who minutes before had withdrawn his second to the same motion. Commissioners Terry Crowley and Ryan Owens voted against the motion.

Davis attorney Richard Murphy said that his clients did not agree with the Stone Land Farm condition. Murphy argued that the conditions were better imposed when the development plans came before P&Z.

Crowley told Murphy that the Davises should have a better relationship with their neighbors, should have had a traffic study done before requesting a zone change, and then may have been able to have their case come before the City Commission without any conditions.

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