City officials, residents discuss proposed Dogwood Drive Apartments

Batesville Mayor Rick Elumbaugh greets residents at Monday’s meeting concerning the proposed apartments at Dogwood Driver.

By Andrea Bruner, White River Now

With preliminary work underway at a site for 12 new apartments in the heart of Batesville, a group of neighbors came to city hall Monday morning to see what could be done to stop the progress.

Approximately 20-25 residents turned out for the meeting with various city officials, including Mayor Rick Elumbaugh, Code Enforcement Officer Chad McClure, City Attorney Tim Meitzen, Public Works Engineer Damon Johnson, Fire Chief Mark McCollum, and David Justice, Josh Thomas, and Mike McDaniel from the city utilities departments.

Checking the boxes
Elumbaugh opened the meeting by saying the property was previously zoned commercial, which would have allowed for storage units, truck shops, offices, or a plethora of other commercial uses.

Elumbaugh said whenever someone requests a rezoning change, there is a team of city officials who make sure the requirements are met, and that team includes the code enforcement office, engineer, utility representatives, and fire marshal/fire chief.

Officials hearing residents’ concerns include Mike McDaniel, Josh Thomas, and David Justice from the city utilities, City Engineer Damon Johnson, Code Enforcement Officer Chad McClure, City Attorney Tim Meitzen, and Fire Chief Mark McCollum.

The city is required to hold a public hearing about the rezoning, post a sign on the property that is under consideration for rezoning, as well as publish a paid notice in the largest-paid circulation newspaper in the county, at least 15 days in advance of the public hearing.

McClure said it was John Ramsey/White River Independent Living, LLC, who filed the request in September 2024 for the lot to be zoned to Residential-1, which was the recommendation of the city planning and zoning commission to the city council. At that point, Ramsey was planning to build two duplexes.

McCollum, Johnson, and Justice agreed that Azemi’s plans met the city’s codes and “checked all the boxes.”

The council approved the rezoning from C-1 to R-2, and then Ramsey sold the lot to Azemi Southside Living, LLC in February of this year. Burim Azemi then sought a building permit for a total of 12 apartments, McClure said.

McClure said plans were prepared by professional engineer Jim Whitson, and he had met with Whitson in March and again in April before issuing a permit.

Elumbaugh added that longtime planning consultant for the city of Batesville, Rob Middleton, also reviewed the plans. Middleton was there when the city established its master plan in 2007 and was consulting for the previous administration under Mayor Joe Biard before Elumbaugh took office (also in 2007).

McCollum, Johnson, and Justice agreed that Azemi’s plans met the city’s codes and “checked all the boxes.”

“This was rezoned last year – I don’t know how you ‘unring’ that bell,” Meitzen told the audience.

Housing shortage
While there was no one from the audience who spoke in favor of the apartments, Elumbaugh did say there is a housing shortage in this community. He explained that Crystal Johnson, Batesville Area Chamber of Commerce CEO, came before the city council last December and said our community is short 1,000 rental units and short 1,000 homes. A housing needs assessment showed that over 7,500 individuals from surrounding areas commute into Independence County for employment, and that 20 percent of those commute further than 50 miles away.

Damon Johnson reiterated the housing shortage and said it was possible the planning and zoning commission was thinking about how that might be alleviated, although he went on to say the neighbors’ concerns are valid.

Notification process questioned
McClure said he and the mayor have looked at other means of notifying neighbors about future rezoning issues “so this doesn’t happen again.”

Jessica Gay, who lives next to the site where dirt work has already begun, said she never saw the sign on the property and said she was told, “Someone had taken the sign out of the dirt and thrown it into the bushes.”

“We’re not trying to hide anything,” McClure said. “We want to be transparent and get notices out.”

“It would have meant a whole lot more (for city officials) to speak to the three homeowners. … I feel like there was some negligence,” Gay said.

“We’re not trying to hide anything,” McClure said. “We want to be transparent and get notices out.”

“We will be exploring things to do better,” Elumbaugh added.

More neighbors speak
Jon Perkins, who lives on Cedar Street, said the city codes are there to “protect the character and stability of the neighborhoods.”

“I think that should have been enough for the zoning changes to be squashed. … I don’t think that’s how you want to represent our citizens,” he said.

Perkins also asked if the city is “obliged to approve” permits that meet the city’s requirements, and McClure responded, “I would have to have a reason not to approve.”

James Mobley, who lives with his daughter on Dogwood East, said part of the attraction to that neighborhood was the “little nature preserve” with a wooded area that acted as a buffer between the homes and the commercial district on Harrison Street. He said runoff from the creek had eroded and broken some sewer lines in the past – although those have been repaired, he questioned what the effect of future rains and potential flooding would be on utility lines in the area.

He said that Bryant’s 2nd Addition has restrictions as far as setbacks, size of homes, height restrictions, etc., but also a clause that says the restrictions can be amended if 50 percent of the lot owners give their approval. Mobley said the apartment project does include one lot in the boundaries of Bryant’s 2nd Addition (next to Jared and Jessica Gay), and that lot will be paved for parking.

Furthermore, Mobley said, the city zoning code calls for two spaces per unit (24 total in this case), and the drawing he presented to the city calls for 1.75 spaces per unit, for a total of 21.

“It is not in the interest of this community or this subdivision,” Mobley said. “We’re asking you to stop it.”

Gay said the one-lane bridge on Dogwood East has flooded multiple times, but now that the vegetation on the lot in question has been removed, she is facing flooding right in her yard and driveway, making it unusable until the water recedes. She offered video and photos taken earlier this year as evidence.

Dogwood East, she said, “cannot contain the water we have now much less anymore due to a change in the topography. Now the diverted water goes straight through our property.”

Resident Jessica Gay shows video of flooding on her property to Fire Chief Mark McCollum. Gay says the flooding problems have worsened since the trees and other vegetation have been cut down to make room for the apartments.

She also raised concerns about how a fire truck would be able to turn around in the parking lot with the spaces filled by cars, and McCollum said the newer trucks do not need as much space to turn around, and there are even times when the fire trucks must back up from a site, rather than turn around.

Gay said she measured the nearest hydrant to her driveway at 228 feet, and the apartment complex would be even further.

“We will take all of this under advisement,” Elumbaugh said in concluding the meeting, which lasted about an hour and a half.

All images: Andrea Bruner, White River Now