New Housing Development

Updated on August 24, 2016

August 24, 2016

To: Hillindale Homeowners

Subject: New Residential Housing Development

On Wednesday, August 17, the Hillindale Homeowner’s Association, Board of Directors, held its monthly meeting. As part of the meeting agenda, Mark Werner, representing the developer, WM Development, LLC, shared with the Board and Compliance Committee Members, plans for the undeveloped land mass that is parallel with State Road 129 South, Winding Way, and Little Leaf Drive. This undeveloped area consists of approximately eighteen (18) acres (Parcel #69 02 28 700 028 000 003). Approximately three (3) acres is restricted from development due to a gas pipeline. A small portion of the property overlooks Bischoff Reservoir.

Mr. Werner is working closely with City of Batesville officials to gain approval for the development plans. On Friday, the Herald Tribune published a Notice of Public Hearing stating that the Batesville Planning Commission and Board of Zoning Appeals will conduct a public hearing at 7:00 PM EST, September 1, 2016, in the Council Chamber of the Memorial Building on the Application of WM Development’s residential housing development. Also, all adjoining property owners, most of whom are Hillindale Homeowners, have been personally notified by Mr. Werner, who described WM Development, LLC’s plans for the housing development. Those homeowners who were not available will receive a certified notice via the mail. The City of Batesville requires a developer to notify residents of adjoining property of their development proposal and the Notice of Public Hearing.

Mr. Werner expressed strong interest in making the new residential housing development part of the Hillindale Commons community. The Board of Directors shared with Mr. Werner, verbally and in writing, the Hillindale By-Laws and governance structure. It is important to note that the Hillindale Commons By-Laws require approval from fifty (50) percent of the Hillindale homeowners for new residential housing development additions. Also, all new property owners must comply with Hillindale Commons By-Laws, Architectural Review Board Guidelines, and annual fees. If approved by the Hillindale homeowners, new property owners would have access to the Hillindale Commons Clubhouse, Pool, and Common Areas. The Board of Directors’ purpose in any endeavor is to protect homeowner’s interests and minimize any burden. At a minimum the Board of Directors will identify improvements that complement homeowner interests and the existing community.

Mr. Werner’s current plans include approximately thirty-seven (37) new homes, some of which are lakefront properties. A new road directly off of State Road 129 South will be created and will provide access to the new development. All construction traffic will be required to use the new road. It is important to note that the City owns and has accountability for all Hillindale Commons streets (which is a big plus for homeowners as street and drainage maintenance is covered by the City of Batesville). It is the intention of the developer to connect the existing Hillindale Commons Street, Burr Oak, with the new development. Board and Committee members present at the meeting were impressed with WM Development, LLC, construction design quality, and overall plat.

The Hillindale Commons Board of Directors has appointed a Board member, John Dickey, and two Architectural Review Board Committee members, Dave Nobbe and Mike Montini, to serve as project liaisons to work with the developer.

The next steps are for the developer to gain approval from the City of Batesville for the new residential development’s civil engineering plans. This includes street construction, under drains, utilities, and other sub structures. Following City approval the Hillindale Commons Board of Directors will conduct a Homeowner’s Association “Special Meeting” where representatives of WM Development, LLC, share their plans with homeowners, which include street, lot, and structural designs. There will also be a question and answer opportunity for homeowners. At the same meeting, a “closed session” will be facilitated by the Board of Directors and a vote from each homeowner in attendance will be conducted. Homeowners unable to attend will be provided the opportunity to vote via Proxy. If fifty (50) percent of the current Hillindale Commons homeowners approve of adding the new development the next step is for the Board of Directors to establish a written Agreement, with the help of legal counsel, whereby the developer agrees to and is in compliance with all standards and By-Laws of Hillindale Commons. Consequences will exist for non-compliance. The Architectural Review Board (ARB) will then begin working closely with the developer to review and approve all residential structural, landscaping, and other ARB associated compliance.

Homeowners will receive advanced notice of the “Special Meeting” and where possible will receive advanced information about the specifics associated with the new development.

Also, in an effort to answer questions you may have, following is a “frequently asked questions” summary.

We will be in contact with you soon with more information as it becomes available.



Jolene Rockwood                                                     John H. Dickey

Chairperson                                                              Vice President

Hillindale Homeowner’s Association                             Hillindale Homeowner’s Association

Hillindale Commons Homeowner Frequently Asked Questions (FAQ’s)

Q: I have observed construction work near our community and have read about a city hearing September 1st. What is going on?

A: A new housing development project is being proposed that will include approximately thirty-seven (37) new “upscale” home sites which replicates lot sizes of that in Hillindale Commons.

Q: Where is the new development located?

A: Directly off of State Highway 129 and parallel with Winding Way and Little Leaf roadways. Some of the new lots will overlook Bischoff Reservoir as lake front homes.

Q: How many new streets will there be?

A: Two, one will be a cul-de-sac. Because the City of Batesville owns and has accountability for the Hillindale roadways it will connect to Hillindale Commons via Burr Oak Drive that is currently a “dead end” roadway.

Q: Will it be part of Hillindale?

A: Becoming part of Hillindale Commons is totally dependent on 50% of the Homeowner’s approval. At the appropriate time the Hillindale Homeowner’s Board of Directors will conduct a Homeowner’s Association meeting where the developer, WM Development, LLC, will present and propose plans and specifics associated with the new development. Afterwards the BOD’s will hold a “closed” meeting with Homeowners to answer questions and take a vote, which will include Proxy votes. Again, 50% of all Property/Lot owners must approve the addition providing authorization for a new addition to become part of Hillindale.

Q: Who can vote?

A: A Property/Lot Owner. Votes can be in person or by Proxy. There is only one vote per Property/Lot Owner.

Q: What happens if the Homeowners do not approve?

A: The development will continue and it will not be part of the Hillindale Commons Community. A roadway will connect the two communities via Burr Oak Drive. However, it is important to note main access to this new development is via State Road 129 South. Homeowners will not have the benefits of Hillindale Commons amenities such as the use of common areas, pool, and recreation areas. These homeowners will not have the protection of the Homeowner’s Board of Directors, Compliance Committees, and the governance associated with the Architectural Review Board (ARB) and Compliance Committees to ensure the structural, landscape, and common area aesthetics are in compliance with the By-Laws, and Homeowner’s Association Guidelines in alignment with other Hillindale Commons structures.

Q: If approved will the new homeowners have the same dues as the current homeowners?

A: Yes, which is a very positive element of including such an addition into Hillindale Commons. The additional Homeowner dues revenue is always a plus. It is important to note this addition has little to no common area; subsequently, there is little to no additional grounds maintenance expense. As part of the Hillindale Board of Directors due diligence associated with this proposed addition, we will review the cost and revenue structure, increase in volume and use of amenities, and ensure no additional financial burden exists for current Homeowners.

Q: If approved, will the new houses fit into the design, structure, and look of other Hillindale Commons homes?

A: All homes will be designed, structured, and built to the existing ARB guidelines. ARB review and approval is required for any and all structures.

Q: Will it cause additional traffic?

A: No. A new second entrance off of State Highway 129 will provide access. It is expected that Burr Oak Drive will experience little to no traffic.