The recent controversy over comments made by Magistrate Chris Davis concerning planning and zoning has significant implications for the future of Winchester and Clark County.
Whether you follow the actions of the Fiscal Court or not – if you pay taxes in Clark County or rely on local services (law enforcement, fire, EMS, roads, etc.) – you will be impacted the decisions the Fiscal Court makes about how we grow as a community.
In our position statement of October 3rd, Clark Coalition pushed back against Magistrate Davis’s proposal to seek changes or potentially “do away with” the zoning ordinance. Let us be clear: We stand by our position statement and analysis of Magistrate Davis’s comments without reservation. That he has since attempted to walk back some of those comments does not change the fact that he said them.
In his original comments to the Planning Commission, Mr. Davis declared Clark County is experiencing “a housing crisis.” Declaring something a crisis should not be taken lightly. The implication of doing so is to suspend the normal rule of law– in this case planning and zoning– and give government officials extraordinary power.
Residents of Clark County are no doubt experiencing a nationwide trend of higher housing costs. This is largely the result of higher interest rates, inflation, higher material and labor costs, and a tightening in credit standards which is a legacy of the subprime mortgage crisis. However, it is not, as we detailed in our position statement, “due to a lack of developable land in Clark County” and we would challenge Mr. Davis’s motivation for labeling it a crisis.
Elected Officials Have a Duty to be Well-Informed
In January 2023, Clark Coalition’s board of directors met with Magistrate Davis to present research and data and discuss growth in Clark County.
In that meeting, it was clear that Mr. Davis had a limited understanding of planning & zoning, as well as regional developments concerning land-use.
For example, he had no knowledge of the process then taking place in Fayette County– namely the LFUCG Goal 4 workgroup which was the driving force behind the recommendation to expand Lexington’s Urban Service Boundary.
Though Mr. Davis has been presented with the facts of Clark County’s huge inventory of developable land within the current urban planning boundary, and the disparity between revenues and costs of residential development– he chooses not to acknowledge them because they do not support his aim of promoting development in the far reaches of western Clark County.
It is critical that elected officials are well-informed, and that the policies they enact are supported by facts. That is part of the reason Clark Coalition exists– to commission and conduct high-quality research so that our elected officials can make the best decisions for all of us.
Intent and Context
A review of Mr. Davis’s body of work leaves no doubt as to his intent. At the December 2022 meeting of the Comprehensive Plan Advisory Committee, Mr. Davis was afforded over ten minutes to advocate for an alternative development plan of the US-60 corridor. Notably, that meeting did not permit public comment by private citizens.
In December 2023, he took a red pen to the Comprehensive Plan’s fundamental principle of “concentrating… development adjacent to existing development.” He further eliminated an objective which sought to “evaluate the benefits and feasibility of merging city and county government.”
Mr. Davis also led the effort to site the county’s new fire station north of the interstate, despite the 2019 Fire Study calling for it to be located along Boonesboro Road where thousands of local residents are currently underserved. Mr. Davis’s action has a real and detrimental impact on the insurance premiums that those residents pay.
It is clear from these past actions and his recent public statements Mr. Davis is representing his own interests and not those of the citizens and taxpayers of Clark County.
In an attempt to discredit Clark Coalition’s position, Mr. Davis cited a letter written on October 8th by Planning Commission attorney Robert Gullette. In that letter, Mr. Gullette asserts that “at no time did Mr. Davis call for the elimination of the Planning Commission, nor did he make any comment which could reasonably be interpreted to even have insinuated that this was his desire.”
It is regrettable that Mr. Gullette has inserted himself into the situation without having full knowledge of the facts, as we have outlined above. Mr. Davis’s comments are only the latest example of a long line of actions in which he has sought to undermine sound land-use planning in our community.
Clark Coalition supports strong planning and zoning, and responsible, data-driven growth in our community. Weakening or eliminating planning and zoning would be a serious mistake.
Will Mayer is the Executive Director of Clark Coalition, a 501(c)4 nonprofit whose mission is to advance smart growth, sustainable economic development and government transparency in Winchester-Clark County.
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