Fall Creek Township Residents Petition to withdraw from Joinder Agreement with Noblesville

Zoning of the unincorporated areas of Fall Creek Township was under the control of the City of Noblesville per a Joinder Agreement between the City and the Township from the 1960s. In November 2004, the City of Noblesville subcontracted the Joinder agreement to the Town of Fishers via an Interlocal Agreement. This Joinder was for the purposes of zoning and planning within the unincorporated Township. The Town of Fishers has since changed the zoning requirements from that required under Noblesville R-1, which they must administer per the Interlocal Agreement, to that of Fishers R2 without a public hearing or the approval of the Township’s board or Trustee or the residents of the unincorporated Township.

This petition is to place a referendum on the November general election ballot withdrawing the Joinder agreement with Noblesville and thus reverting zoning and planning to Hamilton County. “If it goes to the county, we would obtain a totally new zoning district. The county would work with the unincorporated residents to come up with our own zoning districts as Wayne Township did when they withdrew from Noblesville. We would have an input to what our community would look like. We do not with Fishers,” stated Doug Allman.

Mr. Allman also stated, “We could vote for the people responsible for our planning and zoning in the county, which we do not with Fishers.”

Doug Church, attorney for Fishers in a letter to the Township attorney stated: “The unincorporated areas of Fall Creek Township are entitled to the provisions of Noblesville zoning ordinances as those ordinances existed prior to the assignment of the Joinder Agreement. It is unfair and untrue for anyone to advise any resident of the unincorporated areas of Fall Creek Township that they were deprived of any right or harmed in anyway by the assignment of the Joinder Agreement to the extent that zoning rights existed before which were allegedly terminated upon assignment. If any such circumstances occurred, it was a mistake, and if it is brought to our attention, we will work immediately and diligently to rectify the mistake.”

But a mistake did occur and Fishers refuses to fix it. Since Cyntheanne Sports Complex is in the unincorporated Township, it should still be designated Noblesville R1. But Fishers rezoned its own property to its Fishers R2 designation without a public hearing. The 700-car parking lot planned for the sports complex with its high powered sports lights could far exceed the Noblesville R1 district. Fishers plans to plat Cyntheanne Sports Complex to Fishers R2 at the Fishers Plan Commission on August 12th.

Additionally, The Peterson family who lives adjacent to the sports complex has sued the Town of Fishers in federal court contending that Fishers violated their civil rights, since the sports complex did not go through any public hearings and thus did not give them the opportunity to obtain commitments from Fishers. Their court hearing date is scheduled for July 29th in the Southern District of Indiana in Indianapolis.

“We are tired of Fishers doing it their own way, and we would like the county to do it,” stated Doug Allman.

Joe Weingarten, candidate for the 29th District State Representative, is a resident of the unincorporated area and is assisting in the effort to place this question on the ballot. Mr. Weingarten stated, “When I built my home a few years ago, the construction started while under Noblesville control and then switched to Fishers. I had to move my driveway to meet Fishers zoning, and it now appears I should not have been required to do so. Will Fishers move my driveway to where I still want it?”