Planning commission recommends rezoning 22‑parcel Clover Valley East district despite ownership objections

The New Albany Planning Commission on March 16 voted to favorably recommend zoning change O‑09/2026, which would rezone 22 parcels on the city’s far east side from agricultural to a new Clover Valley East 'limited general employment' district.

Staff said the proposed text aligns with the strategic plan’s employment‑centered future land use and would permit a mix of manufacturing, research, office and personal/retail services while restricting certain uses such as large data centers unless they are secondary uses. Staff noted the rezoning process will return to city council for final action after the planning commission’s recommendation.

City engineering recommended dedicating 30 feet of public right‑of‑way along the rezoning frontage, preparing a traffic impact study, performing a tree survey and confirming that private wells and septic systems have been abandoned and that environmental permits are obtained.

Aaron Underhill of Underhill Hodge, representing Lincoln Property Company, described an assemblage of about 15–16 properties and said the applicant is negotiating with one remaining holdout parcel; he said contracts and contingency periods are common in these large assemblages and that annexation and zoning are distinct processes.

During the public hearing, a property owner who identified himself as a holdout (Jeff Lutz) objected to considering rezoning while ownership and annexation are unresolved. Lutz alleged that some property owners were subject to nondisclosure agreements and pressured into contract terms; he questioned whether Lincoln had the funds to close on individual parcels and argued the village should delay action until purchases are final. Underhill responded that use of contracts and refundable earnest-money/due-diligence provisions is typical in large‑scale transactions and that annexation and rezoning are separate statutory processes.

Commissioners focused on clarifying the zoning text (trees per linear foot vs. trees per 100 feet), ensuring landscaping commitments match adjacent Clover Valley standards, and confirming that street trees and buffering requirements are clear in the record. The commission voted to accept staff documents into the record (including a split a/b version of the text) and to recommend the rezoning to city council subject to staff conditions plus two additional conditions: specifying at least one street tree per 30 feet and requiring tree/screening commitments to match those on the other side of Clover Valley.

The commission recorded a unanimous vote in favor of recommending O‑09/2026 to city council; the application will return to council for annexation and final approval.