The Property 2233 Budd Road: 10 Developable Acres

The 2233 Budd Rd. Property is 16 acres of which at least 6 are encumbered by power lines leaving 10 developable acres. Dylan Fischer is proposing 40 units of medium density residential.

The First Meeting: Plan Commision and Zoning Appeals (Aug. 20th)

Scott Wood

Director Zoning

(812) 948-5327

swood@cityofnewalbany.com

"No Recommendation"

On August 20th 2024 over 100 residents from Cherokee heights filled the room to learn about a proposed zoning change. The sign below is what our neighborhood saw. Notice it says "Public Welcome". Yet, from the outset we were given conflicting information about the nature of this meeting and little to no information was made publicly available even after multiple public inquires.

In this meeting of the committee for planning and zoning, our neighborhood was told this was not a public hearing and while we were given an opportunity to represent ourselves, speaking time was shortened and cut. With the committee repeatedly telling us this wasn't an appropiate venue for commentary.

After debate, the board moved forward with a vote of "No Recommendation" for the zoning change. We left the meeting confused and unsure of our next steps or even what was happening in our community. In this meeting Dylan Fischer proposed around 3.1 houses per acrea. What he didn't say was that he included 5 acres of power line easement in that calculation. The actual number, we would come to realize was more like 4 houses per acre.

The search begins for legal representation and public records

Following the meeting Cherokee Heights attempts several public records and information packet requests. Our spokes members are given the literal run around in city hall and never provided with the packet requests or records. We begin to search for legal representation only to receive a report of conflict of interest, or no call back due to a lack of referral.

Dylan Fisher - DWF Equities

Public hearing (Sept. 5th.)

"No" Vote to give the people more time

"Yes" Vote to move forward with Ordinances

Following the August 20th vote for "No Recommendation" concerned residents again filled the City Council Building. This time many residents were turned away as only 94 were allowed to attend per "Fire Code."

The Neighborhood of Cherokee Heights was organized and spoke of many reasons for opposing both ordinances. Members spoke on traffic, disruption to the ecosystem storm water, lack of representation, lack of infrastructure, an underground cavern and Indiana local planning and development code.

Here we learned that annexation was being moved forward immediately based on a questionable 1987 fringe annexation found among the public records.

Dylan Fischer, cherry picking statistics from a few surrounding homes, now plans 40 units on the 10 acres of developable land. As a "compromise", he tells the board, "I'll put no more than 40 units on this property if you pass this ordinance.", much to the outrage of those in attendance. "Yes" 8 to 1 to pass the ordinances. They vote "No" to a time extension for the people to find legal representation 7 to 2.

The final hearing is scheduled for September 19th 2024.

Council Packet for September 19th 2024

The Ordinances: X-24-02 & Z-24-02

X-24-02 - Annexation

X-24-02 was immediately moved into full annexation based on questionable documentation from a 1987 public record indicating that the land was already in the New Albany Fringe.

Z-24-02 - R1 to R2 rezone

How to Voilate Indiana Code
According to the City of New Albany comprehensive plan, The parcel is not in the planning boundary. Additionally, the developer claims this will follow Indiana Code 36-7-4-603, but as you can see the closest R2 development is over 2.5 miles distant. The property is not zoned or intended for low quality Medium Density Residential which will lower the property value of the homes in the surrounding area.

This is not responsible development and growth.

Call for Legal Help

Realizing the immediacy of the situation. Members of the neighborhood go to work attempting to find legal council. Personal and professional networks are tapped. City Council questioned our inability to find legal assistance, but calls to lawyers are made with the following results:

Conflict of Interest (New Albany/Louisville)

John Kraft; Jason Vaugh; Jason Lopp; Steven Naville; Jeff Walace; Justin Endres; Alex Gaddis; CLLB Law; English Law; B&B Law; Wetterer Law; Seiler Waterman; Vaughn & Smith; Ingle Bardach Law; Davis, Davis & Layson; Holbrook & Holbrook; Bo Zoeller

Not Enough Time/Resources (Regional offices Bloomington, Seymour, Evansville Indianapolis)

Bunger and Robertson; Bill Braman; Johnson & Price; Rob McNevin; Sever, Walker, Padgitt,

There is no Democracy here...

Without representation or legal assistance the Cherokee Heights Coalition sends out a final call for help. We also begin filing public records requests and reach out to state level representatives.

The Email for Help (Sept. 15)

I hope this letter finds you well. Cherokee Heights is asking the City Council to vote no to city ordinances X-24-02 and Z-24-02.

We need your support; this is not how democracy is supposed to work!

The Cherokee Heights Coalition writes to express our concerns regarding the lack of government representation and ability to obtain legal assistance in our fight against ordinances X-24-02 and Z-24-02. The City of New Albany, Dylan Fischer and the Wheatly Group have proposed annexation and rezoning of a farm with 10 developable acres in the county near the West End Fringe of New Albany. The move would immediately annex an area based on a questionable 1987 ordinance/survey and rezone the area as R2 Medium Density Residential, where the closest medium density residential zoning is 2.5 miles away and the entire surrounding area is zoned contiguous R1. This move is designed to cram as many homes as possible onto a plot of farmland that will devalue our property and can’t handle the traffic, storm water, and drawn on city services it would require.

Over the last 25 days our Coalition has learned a lot about Democracy or the lack of it for residents like us. We’ve generated over 400 petitions and created a significant neighborhood fund. We’ve represented ourselves at city hall the last 3 meetings with hundreds of petitioners, so many the Fire Marshal was called to deny entry.

18 days ago, we began seeking legal assistance. We can’t find representation. The following is a listing of the individuals and firms we’ve called. All reported conflict of interest or not enough time/resources. These firms were chased down via multiple recommendations through personal and professional networks.

Conflict of Interest (New Albany/Louisville)

Not Enough Time/Resources (Regional offices Bloomington, Seymour, Evansville Indianapolis)

Bunger and Robertson; Bill Braman; Johnson & Price; Rob McNevin; Sever, Walker, Padgitt,

No Response

Simpson Colin, , Montgomery, Elsner & Pardieck, Alan Applegate

As you can see the people of Cherokee Heights have been hard as work. We learned of this 25 days ago. We educated ourselves, we organized, yet the final vote is only four days away.

None of us are represented in New Albany District 1. We can’t vote in City of New Albany elections. Our representation is in the county. It seems we are powerless against the city of New Albany and Dylan Fischer as they devalue our property with this densely packed and poorly considered neighborhood. The developer has continually referenced Indiana code: Local Planning and Zoning 36-7-4-603. Yet they have cherry picked data and statistics from a small set of homes to claim they follow this code. THEY ARE NOT.

Indiana code: Local Planning and Zoning 36-7-4-603

In preparing and considering proposals under the 600 series, the plan commission and the legislative body shall pay reasonable regard to:

(1) the comprehensive plan;

(2) current conditions and the character of current structures and uses in each district;

(3) the most desirable use for which the land in each district is adapted;

(4) the conservation of property values throughout the jurisdiction; and

(5) responsible development and growth.

We are not asking the city to deny people homes, we are simply asking the city follow Indiana code. Give us time to answer the questions pertaining to X-24-02; Follow Indiana Code and deny Z-24-02 the move to R2 residential.

More details and coverage from the New Albany News and Tribune

The Next Meeting of City Council is September 19th @7:00pm

We’ve generated the most interest in any city ordinance this year, yet we find ourselves relegated to the end of the meeting another tactic to try to quell our resistance to these ordinances and pass them with as little public decent as possible. Help us fight the city of New Albany - do anything you can - call or email your representative and make your voice heard. https://cityofnewalbany.com/city-council/

September 16th - We retain legal representation

With help from the surrounding community, on September 16th, 2024, Cherokee Heights retains Bose, McKinney & Evans as their legal counsel.

We ask ourselves? "Why does a community have to pay to fight a city that is breaking the law?" Fundraising begins.

September 19th - Continuation

On September 19th, with support from our Attorney Jacob Antrim and local politicians, Cherokee Heights receives a continuation on X-24-02 and Z-24-02.

City Council is told their current comprehensive plan does not include to property in question. It falls under county jurisdiction.

Most Importantly. It is revealed that City Council broke Indiana Law by passing a completely deficient 1-page fiscal plan (R-24-06) for the proposed annexation.

A Deficient Fiscal Plan

According to Indiana Law, this plan that would normally be 100-400 pages. It would contain calculations and financial planning to outline the effect of this annexation and the required infrastructure would have on the city and taxpayers of New Albany.

The city argues the fiscal plan must only describe the property as is. Hiding millions of dollars in costs from taxpayers.

October 17th - City Hall Again

Annexation hearings must be restarted due to City Council not posting notice in an appropriate amount of time before the public hearing. The first vote will take place October 17th and the Final Vote November 7th.

Zoning change to medium density residential will receive the final vote on October 17th. At this point the city will transform a rural landscape into dense residential housing.

WE NEED YOUR HELP!

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