Friends of the Arboretum

June 3, 2003 - Hayes Research Foundation, Inc. announces plans to sell approximately 33 acres to Anchor Properties of Cincinnati, OH for a commercial development.
July 10, 2003 - FOTA holds a community meeting at First English Lutheran Church, attended by 400 citizens. It is the largest forum of its kind in recent memory. Hayes states their case for rezoning. Overwhelming majority of citizens express opposition to the sale. Most concur that Hayes has not attempted alternative fundraising.
September 5, 2003 - FOTA presents proposal to Hayes board of directors, offering their assistance to raise operating funds for the next 3 years, if the land is preserved. Over 70 PR/Fundraising ideas accompany the proposal, as well as letters of support from the Indiana National Road Association and Historic Landmarks Foundation.
September 30, 2003 - Hayes Research Foundation, Inc files for Petition to Rezone asking for approximately 33 acres to be converted from O-1 Greenbelt to Planned Unit Development (PUD) District.
October 10, 2003 - Hayes board rejects FOTA's proposal. They state they will need considerable financial support regardless of the pending sale of the land to Anchor Properties, and hope FOTA will support the foundation in the future.
October 23, 2003 - The Plan Commission holds a public hearing. Both sides present their views. FOTA presents a petition signed by almost 5,000 citizens opposed to the sale. Hearing is held over to December session.
December 18,2003 - Plan Commission President Len Clark intervenes and closes public hearing, preventing FOTA from presenting new information and final summations. Plan Commission, without deliberation of facts or application of stated criteria, recommends approval of the ordinance by City Council.
January 21, 2004 - City Council holds a marathon 4h 50min public hearing, allowing public comment on second reading. Again, the vast majority of comments are in staunch opposition to the change in zoning.
February 2, 2004 - Council votes 5 to 4, along party lines, to approve the change in the zoning map.
February 6, 2004 - Mayor Sally Hutton casts her veto to eliminate Council's approval.
February 17, 2004 - Council attempts to overrule the Mayor's veto with a 6 to 3 vote. Only 5 votes are attained. The motion is denied.
March 30, 2004 - The Hayes Research Foundation, Inc. files suit against the Mayor, Council, and the City of Richmond on three counts: 1. The Mayor had no authority to veto the ordinance. 2. If she did have the authority, she did so arbitrarily and capriciously. 3. If the veto stands, it constitutes a Regulatory Taking of the property and Hayes is due $8.5 Million in compensation and the change in zoning.
March 6, 2004 - The Hayes Research Foundation requests a jury trial.
March 30, 2004 - The Hayes Research Foundation requests Judge Horn make a Summary Judgment based solely on the legal issues pertaining to the case.
July 21, 2004 - Judge Horn recommends mediation, and agrees to postpone his decision until mediation is attempted.
August 10, 2004 - The City of Richmond and Hayes Research Foundation agree to enter mediation. Field of potential mediators is narrowed to 3 individuals.
August 18, 2004 - William A. Baten is selected as mediator.
August 25, 2004 - Mediation begins. Parties involved cannot comment on proceedings.
October 4, 2004 - Richmond Common council meets in executive session to discuss pending litigation.
October 15, 2004 - The Pal-Item announces details of the proposed settlement. (See 10/22/04)
October 18, 2004 - Richmond Common Council votes to "enter into consent agreement and settlement in lawsuit with Stanley W. Hayes Arboretum Research Foundation." All 4 Democrats vote "reluctantly, yes," while all 5 Republicans vote "yes." The settlement is accepted. (See below)
October 22, 2004 - Count I of plaintiff's complaint is granted: "The mayor's veto of Ordinance 74-2003 is therefore null and void, and the PUD zoning process related thereto, i.e. secondary review by the Richmond Plan Commission shall proceed without further delay." Counts II and III of the Complaint are dismissed, with prejudice. In other words, the mayor's veto was withdrawn in exchange for the withdrawal of Hayes' $8.25 million lawsuit and their claims that the mayor's veto was arbitrary and capricious. Ordinance 74-2003 will return to the Plan Commission to complete the review process. Permission to develop the land was NOT granted in the settlement. Rezoning was NOT approved. The ordinance must complete the 10 required steps before approval of a PUD is granted. Hayes also agreed to sign a 40-year covenant on the remainder of the arboretum land that would ban development ONLY IF the PUD is allowed.
March 11, 2005 - The Richmond Advisory Plan Commission notice of public hearing for Thurs. March 24, 2005 states, "Anchor-Properties will make a presentation of its PUD/Richmond Village proposal for discussion by the Commission. No official action will be taken on this presentation by the commission at this meeting." FOTA strongly objects to this presentation, since no official development plans have been filed with the Plan Department. Communications with the Plan Department cite the PUD ordinance which states that a complete plan shall be filed with the Plan Department 30 days before public hearing. FOTA also cites Plan Commissioners' training materials which state that incomplete plans should not be placed on the agenda for consideration or hearing.
March 14, 2005 - Anchor Properties is removed from the Plan Commission agenda.
March 31, 2005 - Anchor Properties files their primary plat and development plan with the Plan Department.
April 12, 2005 - The Pal-Item reports that Anchor Properties has announced 3 proposed tenants: Menard's, Walgreens, and Frisch's Big Boy.
April 19, 2005 - FOTA submits a written request to the Plan Department that Anchor be removed from the April 28th agenda, citing 12 deficiencies/inconsistencies with the information that was filed. Also, the information was not filed 30 days before the upcoming hearing, as required in the PUD ordinance. No official response is received from the Plan Department nor the city law department by the 4/22/05 deadline requested.
April 25, 2005 - The city attorney responds to FOTA's attorney advising that Anchor Properties' primary plat and development plan will remain on the agenda for April 28th.
April 28, 2005 - The Plan Commission holds a public hearing on Anchor Properties' primary plat and development plan. Numerous inconsistencies exist between the concept plan, which was previously approved, and the proposed development plan. For example: Potential development sites reduced from 6 small outlots and 2 larger sites (totaling 8 sites) to 4 small outlots and the 2 larger sites (totaling 6 sites); only 3 total tenants announced (leaving 2 small outlots and one larger site vacant); construction to be in phases, not as a unit; greenspace severely reduced from the promised 25%; and storm water to be run into a 6-acre retention pond and constructed wetlands on Arboretum property outside the allotted 33 acres, ownership and maintenance of which has not been determined. Six residents spoke in opposition to the plan. No one spoke in favor of the plan. After 2 hours of discussion, mostly on concerns about soil quality and water issues, the Plan Commission continues the hearing until May 26th.