FLOYD COUNTY —
It hardly seems like a place that could cause an uproar.
Even on a wintry day birds fly from tree to tree and nearly the only sounds are those of water splashing against rocks and the footsteps of Roger Jeffers, superintendent of the New Albany-Floyd County Parks Department, as he surveys the recently laid walking paths at Campbell-Woodland Nature Trails.
“I’d love to have my office out here,” Jeffers said.
The land, located in the 3300 block of Budd Road, was initially to be dubbed Woodlands Park. But protests and legal cases over the necessity of the facility and the access road that leads to the 122-acres of land delayed the implementation of the park, and changed the scope of the project.
Last year, the Floyd County Plan Commission denied a request to change the zoning classification of the property to park recreation. Thus large buildings and other typical park amenities can’t be constructed on the land.
However, the parks department has launched its initiative to build trails and a 1,200 handicap-accessible walking path on the property. As the property is zoned agricultural resident, Jeffers said the department is entitled to building the paths without further approval.
Through eminent domain, the parks department owns the access road that connects the property to Budd Road. Adjacent land owners Ed Deters and David Lind have fought against the project for various reasons including safety concerns, and are still in litigation with the parks department over damages due to the taking of the road.
In September, the Floyd County Commissioners approved a curb-cut request for the parks department to allow entry to a parking lot adjacent to the access road near Budd Road.
John Kraft, attorney for Lind and Deters, said the legality of basing approval of a curb cut on the current classification of the property is in question. Additionally, Kraft said essentially a park is being built under the guise of a trail system.
“Once again, we’ve rendered the complaint to the county on behalf of my clients that [the property] is being used for exactly the use it was denied for, and the county is not taking any steps to enforce its own ordinance,” Kraft said Friday.
When asked about the parking lot — which has been framed on the land but not yet constructed — County Planner Don Lopp declined to comment as he said “I think there’s a pending legal case.”
But Lopp did confirm the parks department can by law proceed with building paths at Campbell-Woodland Nature Trails.
“The zoning classification is agricultural residential, which one of the land uses that is a permitted use is walking and biking trails,” he said.
Floyd County Commissioner Steve Bush voted against the parks classification for the land when it came before the plan commission. He said Friday that by zoning law, the department has the right to develop walking trails.
But he added parks officials should not stretch or break the zoning rules by installing infrastructure that can only be permitted with a parks classification.
As for the land, Bush said it’s beneficial to the community to have a nature reserve.
“We want to be able to provide a place for people to go when we’re dealing with park and nature trails and things like that,” he said.
In a phone message Friday, Deters said he’s concerned with the process and doesn’t believe the curb cut can justify the construction of a parking lot. He added the move seemed to be in conflict with what county officials had stated when the curb cut was approved.
“Regardless of what name you put on it, by inviting the public back, you are therefore violating the current zoning,” he said.
Jeffers said the legal battles have resulted in the bid price for the construction and paving of the trails, access road and parking lot to rise from $140,000 to $190,000 over three years.
But the department was able to get another extension for a $200,000 Indiana Land and Water Conservation Department grant, its fifth prolongation of the funds.
“They want facilities like this built,” Jeffers said.
If all goes according to plan, members of the public will have to park their vehicles in the lot off Budd Road, then walk about one-third of a mile to the trail heads.
There will be a locked gate blocking entrance to the access road for non authorized vehicles, and it will be protected with a computer code system.
“That’s one of the changes I made because they didn’t want [motorists] back there,” Jeffers said in reference to protests made by adjacent property owners.
The gravel access path will eventually be paved, and Jeffers said land owners that use the road to get to their property will be given the code to the gate along with public safety officials.
There will be a four-foot wide striped walkway along the 10-foot wide access road designated for pedestrians to ensure it’s handicap accessible, Jeffers said.
The parks department assumes all liability for people on the land, and Jeffers said boundaries will be distinguished to define what is private and what is public property.
Beyond the handicap accessible trail, Jeffers said hillside paths will be constructed by parks department staff that will consist of mulch instead of pavement.
Jeffers predicted Campbell-Woodland Nature Trails will be an asset for area schools — a place where kids can come on field trips to learn about the outdoors and wildlife.
While county residents are accustomed to the serenity of remote living, Jeffers said children who live in the city don’t always have the opportunity to experience nature firsthand.
“It’s just quiet here,” Jeffers said. “They hear the hustle and bustle of the city life, and this will be something different for them.”
Campbell-Woodland nature Trails is closed to the public while construction is ongoing. Jeffers said the department is hopeful the facility will open this summer.
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