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Daviess County advisory commission forwards zoning-rescission certification to commissioners after public hearing

2448572 · February 28, 2025
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Summary

After a public hearing with broad public comment in favor of keeping local land-use rules, the Daviess County Advisory Plan Commission voted to forward a certification on rescinding the county zoning ordinance to the Board of County Commissioners for their consideration.

The Daviess County Advisory Plan Commission voted on Feb. 27, 2025, to forward a certification on the proposed rescission of the county zoning ordinance to the Daviess County Board of Commissioners after a public hearing that drew multiple residents, planners and local officials.

The recommendation does not by itself repeal the ordinance; it forwards the commission’s certification and recommendation to the county commissioners for final action. "I, Bill Jolliffe, secretary of the Davis County Advisory Plan Commission, do hereby certify to the commissioners of Davis County that a rescission of the zoning ordinance was considered by the Davis County Advisory Plan Commission at their meeting held on 02/27/2025," the secretary read aloud during the meeting record before commissioners were to receive the document.

Why it matters: Public commenters and local development officials told the commission that the county’s zoning code is an essential tool for guiding industrial and residential growth, protecting agricultural uses and supporting infrastructure planning — including development at the Westgate/Crane technology area. Several speakers asked the commission to recommend that the Board of Commissioners not weaken or repeal the ordinance.

Board and staff framed the vote as an administrative step. The commission chair opened the required public hearing and followed the process set out in county procedures and the county’s planning code; after public comment and internal discussion the commission approved forwarding the certification to the Board of Commissioners for their consideration.

Public comment highlights. Bob Gruy of the Daviess County Economic Development Corporation, who identified himself as a member of the American Institute of Certified Planners, urged the commission to keep the zoning ordinance in place and called the document "a very unique zoning ordinance that fit that fit Davies County." Darren Holder, a member of the Westgate Authority board, and Bridal Niehoff of the Upland Science and Technology Foundation both emphasized compatibility with Crane and the value of land-use controls for attracting investment to the Westgate Crane Technology Park. "We need to continue to look at that Westgate Authority ... to ensure from an encroachment standpoint and also just from a development standpoint around the base, that there was some legislation put in place to ... create a 3 mile buffer," Holder said.

Local officials and stakeholders also presented fiscal and permitting arguments for retaining zoning. Crystal Ostroby, the county assessor, read a permitting summary from the City of Washington showing 76 compliance reviews in 2024, including 62 new residences, 36 accessory buildings and 10 commercial buildings; she told the commission that permitting activity and inspections help the county capture taxable value and that the work of plan staff can pay for itself by ensuring assessments are recorded. The transcript records Ostroby saying a recent discovery of a previously uncounted commercial-industrial property raised $2 million in assessed value for the rolls.

Board deliberations and action. Commissioners and advisory members asked procedural questions about the certification and about how the Westgate covenants, conditions and restrictions (CCRs) relate to zoning. Staff replied that CCRs are private instruments with limited public regulatory effect and that there is a statutory process to notify the installation commander for development within a roughly three-mile area of the base; that notification process is set by state statute and involves the base command infrastructure liaison. The commission then voted to forward the certification to the Board of Commissioners. The certification text read into the record listed blank vote counts (the certification form is drafted with blanks to be filled by the commission), and the meeting minutes record the commission taking a motion, a second and a voice vote to transmit the certification.

Other business. The commission also held internal elections of officers at the start of the meeting (president, vice president and secretary). Those officer elections were conducted by motion and voice vote; the meeting transcript records that the motions carried and a secretary signed the certification before it was forwarded to the commissioners.

What happens next. The commission’s action was procedural: the certification and any recommendation will be delivered to the Daviess County Board of Commissioners for their review and final decision on whether to rescind, partially rescind, or retain the zoning ordinance. The transcript records several callers urging the commission to maintain or tighten the local zoning rules rather than repeal them.

Votes at a glance - Certification forwarding zoning-rescission recommendation to Board of Commissioners: motion made and approved by voice vote; vote tally and individual roll-call tallies not specified in the transcript. Outcome: forwarded to commissioners for consideration (administrative recommendation, not final repeal). - Internal officer elections (president, vice president, secretary): motions made, seconded and approved by voice vote; tallies not specified. Outcome: officers elected and certification signed by secretary.

Ending: Commissioners or county staff will receive the certification and the public record; the Board of Commissioners must take any final action on the zoning ordinance. The commission’s record of the public hearing and the comments received will be part of the county’s administrative file for the issue.