Whispering Pines South rezoning and revised commitments continued after neighbors raise process and drainage concerns

The Avon Advisory Plan Commission on Feb. 24 postponed final action on a proposed rezoning and written-commitment changes for the South 40-acre portion of Whispering Pines, continuing ZA24-11 and WC24-01 to the Commission’s March 24 meeting.

The petitions come from the developer proposing to finish the undeveloped southern portion of the Whispering Pines subdivision, currently subject to commitments adopted when the land was rezoned by Hendricks County in 2003. The developer presented revised plans in the week before the hearing that reduced the planned lot count from 71 to 64, reconfigured ponds and open space and added new architectural, landscaping and HOA-contribution commitments.

Why it matters: Neighbors said the late changes materially altered the proposal and left the public and some commissioners unable to evaluate engineering and design changes before tonight’s vote. Speakers also pressed the petitioner and staff for more information about stormwater discharge and downstream infrastructure, and whether commitments about trees, masonry and HOA payments would be enforceable.

Developer presentation and key changes David Compton, vice president of land acquisition for Homes of Indiana, said the petitioner met twice with notified neighbors since the prior meeting and revised the plan to address concerns. Compton said the new plan: reduces the South 40-acre lot total to 64 (the original maximum permitted in 2003); increases lot widths along the south property line to about 110 feet in some places and 85 feet in interior portions; replaces one large detention pond with two smaller ponds to preserve trees; raises minimum house sizes from about 2,200 square feet to 2,800 square feet; and increases open space from roughly 10.5% to about 17%.

Compton also described design commitments the petitioner proposed: staggered front setbacks, dark-sky-compliant full-cutoff street lighting, a privacy fence and supplemental landscaping along the west property line, and a “right-to-farm” disclosure in sales materials to inform new buyers about adjacent farm operations. The petitioner offered a $300,000 contribution to the existing Whispering Pines homeowners association — $50,000 at model opening and “just under $4,000” at each home closing — to expand amenities for the combined community, and said it would work in good faith on an HOA consolidation draft.

Staff recommendation and timing Town planning staff said it originally recommended denial of the rezoning in January based on the five statutory rezoning criteria, but after the petitioner’s recent revisions staff updated its recommendation and told the Commission it would forward a favorable recommendation to the Town Council if the proposal presented tonight is the final submittal. Staff noted the plan’s density and lot-size adjustments and the additional tree-preservation and architectural commitments in the revised materials.

Public comment and concerns More than a dozen residents spoke during the remonstration portion. Chad Furman, who identified himself as the current HOA board president for a Whispering Pines section, said many neighbors welcomed the developer’s outreach and revised plan and that an earlier neighborhood meeting produced majority support among attendees. Several other residents — including Kurt Vapour, Bill Harrington, Michelle Tallman and Nathan Logan — opposed the petitions, saying the changes arrived too late for meaningful public review, raising concerns about: - stormwater and downstream capacity (several speakers said increased impervious area and a larger runoff volume could stress an existing pond and dam), - tree preservation and whether trees currently in the right-of-way would be protected long-term, - the visual and design fit of denser, narrower lots next to existing Timber Bend homes, and - whether promised HOA or masonry commitments would be enforceable or adequately documented.

Dan (town staff) told the Commission that drainage design and detailed runoff calculations are reviewed later in the process at preliminary-plat and engineering-review stages and must comply with the town’s stormwater ordinance and technical standards manual; he also said the petitioner must obtain any required Hendricks County drainage-board approvals before final construction. The petitioner’s civil engineer said underground or on-site detention would be used and that county coordination and public notice for the county drainage-board review would occur.

Commission response and action Several commissioners said the late delivery of substantial revised plans and the limited packet materials curtailed both the Commission’s and the public’s ability to review the changes. Commissioners also noted the meeting lacked a full seven-member Commission (five were present) and that the public’s ability to prepare is relevant under recent case law about fair notice for hearings.

After discussion, the Commission voted to continue ZA24-11 and WC24-01 to the March 24, 2025 Planning Commission meeting and asked staff to include a clear, consolidated version of the proposed written commitments, the latest site-plan slides (showing relative lot widths), and any new engineering or drainage calculations in the packet. Staff set a deadline for new materials to be delivered no later than Friday, March 7 so they could be included in the staff report distributed the week of March 17.

Ending The Commission’s continuance means the petitions will return for public hearing at the March 24 meeting; staff and the petitioner agreed to provide the updated commitments, plan sheets and drainage information in the packet so residents and commissioners have time to review them before that hearing.