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HomeMy WebLinkAboutCCM-12-20-04Office of the Clerk. Treasurer City of Carmel COMMON COUNCIL MEETING AGENDA MONDAY, DECEMBER 20, 2004 - 7:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEETING CALLED TO ORDER 1. INVOCATION PLEDGE OF ALLEGIANCE RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS APPROVAL OF MINUTES a. November 24, 2004 - Special Meeting b. December 6, 2004 - Regular Meeting RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS ACTION ON MAYORAL VETOES CLAIMS Payroll · General Claims · Retirement COMMITTEE REPORTS a. Finance, Administration and Rules Committee b. Land Use, Annexation and Economic Development Committee c. Parks, Recreation and Arts Committee d. Utilities, Transportation and Public Safety Committee ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414 ! O. OLD BUSINESS Third Reading of Ordinance No. D-1686-04~ As Amended; An Ordinance of the Common Council of the City of Cannel, Indiana, to Regulate Mining Operations Within the Corporate Boundaries of the City of Carmel (Regulate Mining Operations/Martin Marietta); Sponsor(s): Councilors Glaser and Rattermann. Second Reading of Ordinance No. D-1734-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Creating A Carmel Fire and Police Department Merit System and Adding Chapter 6, Article 3, Section 6-33 to the Carmel City Code (Fire/Police Merit System); Sponsor(s): Councilor(s) Mayo and Sharp. Second Re,dirty. of Ordinance No. D-1735-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Concerning the Construction of Additions and Improvements to the Waterworks of the City of Carmel, Indiana; Authorizing the Issuance of Revenue Bonds For Such Purpose; Addressing Other Matters Connected Therewith, And Repealing Ordinances Inconsistent Herewith ($7.5 million BAN); Sponsor: Councilor Kirby. Second Readino. of Ordinance No. D-1740-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adopting Interlocal Agreement (Appointment of members to the Carmel/Clay Board of Parks and Recreation); Sponsor: Councilor Carter. Second Reading of Ordinance No. Z-444-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting Chapter 23F (Carmel Drive - Range Line Road Overlay Zone); Sponsor: Councilor Rattermarm. Second Reading of Ordinance No. Z-460-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Regulating Denied Petitions in the Carmel Zoning Ordinance (Zoning Denials); Sponsor: Councilor Rattermann. Second Reading of Ordinance No. Z-461-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Regulating Temporary Uses in the Carmel Zoning Ordinance and Establishing a Resubdivision Process in the Carmel Subdivision Control Ordinance (Resubdivision Process); Sponsor: Councilor Rattermann. Third Reading of Ordinance No. Z-462-04; An Ordinance o£the Common Council of the City of Cannel, Indiana, Establishing the Monon & Main Planned Unit Development District; Sponsor: Councilor Rattermann. Second Reading of Ordinance No. Z-463-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (Range Line Road Overlay Zone Classification); Sponsor: Councilor Rattermarm. Second Reading of Ordinance No. Z-464-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Traditions on the Monon Planned Unit Development District (Monon PUD); Sponsor: Councilor Rattermann. Second Reading of Ordinance No. A-90-04; An Ordinance o£the Common Council of the City of Carmel, Indiana, To Budget Expenditures for the Operation and Depreciation Funds for the Water Utility (Water Utility Budget 2005); Sponsor: Councilor Kirby. L Second Reading of Ordinance No. S-71-04; An Ordinance of the Common Council of thc City of Carmel, Indiana To Budget Expenditures for thc Operation and Depreciation Funds for thc Wastewater Utility (Wastewatcr Budget 2005); Sponsor: Councilor Kirby. 11. PUBLIC HEARINGS 12. 13. 14. 15. First Reading of Ordinance No. Z-465-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the WestClay Village Planned Unit Development District Ordinance (Village of WestClay PUD); Sponsor: Councilor Rattermann. First Reading of Ordinance No. Z-467-04: An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (My Three Son's Venture LLC Property located at 3751 W. 97t~ Street); Sponsor: Councilor Rattermaun. First Reading of Ordinance No. Z-468-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (North Meridian Medical Pavilion); Sponsor: Councilor Rattermann. First Reading of Ordinance No. Z-469-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification and Amending the WestClay Village Planned Unit Development District Ordinance. [Rezoning 30.1 acres at the northwest comer of Towne Road and 131 st Street from the S- 1/Residence District Classification to the WestClay Village Planned Unit Development District and To Change Designations on the Development Plan]; Sponsor: Councilor Rattermarm. NEW BUSINESS OTHER BUSINESS Election of 2005 Council President SMC Development LLC-Zotec Solutions, Inc./Statement of Benefits initial filing and approval by Cannel Common Council. ANNOUNCEMENTS EXECUTION OF DOCUMENTS 16. ADJOURNMENT CITY OF CARMEL COMMON COUNCIL MEETING MINUTES MONDAY, DECEMBER 20, 2004 - 7:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council Members Rick Sharp, Kevin Kirby, Brian Mayo, Ron Carter, Joe Griffiths, Fred Glaser, Mark Rattermann, Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurer Lois Fine. Mayor Brainard called the meeting to order at 7:00 p.m. Councilor Brian Mayo pronounced the invocation. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Councilor Rick Sharp recognized the City Engineer, staffand consultants for the work done on the roundabout at 136th and Spring Mill which opened on schedule. Mayor Brainard offered best wishes to Officer Miller who was involved in an accident this weekend. APPROVAL OF MINUTES: Councilor Mayo made a motion to approve the Minutes of the November 24, 2004 Special Meeting. Councilor Griffiths seconded. Council President Carter called for the question. The Minutes were approved 7-0. Councilor Mayo made a motion to approve the Minutes of the December 6, 2004 Regular Meeting. Councilor Griffiths seconded. Council President Carter called for the question. The Minutes were approved 7-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: There were none. COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Council President Carter thanked the Mayor and Council for all of their cooperation this past year with annexations and particularly two major bond issues [$35,000,000 Bond for road projects] [$55,000,000 Park Bond]. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Mayo made a motion to approve the claims in the amount of $2,732,275.47. Councilor Griffiths seconded. Council President Carter called for the question. Claims were approved 7-0. COMMITTEE REPORTS: Council President Carter reported that the Finance, Administration and Rules Committee had not met. Councilor Rattermann reported that the Land Use, Annexation and Economic Development Committee met on December 9, 2004 and several items were discussed that are on the agenda at tonight's meeting. Councilor Sharp reported that the Parks, Recreation and Arts Committee met on December 14, 2004. There was a presentation of the Feasibility Analysis done on the Park Impact Fee. The second item was Ordinance No. D-1740-04 which needs to remain in Committee until the January 10, 2005 meeting. Councilor Kirby reported that the Utilities, Transportation and Public Safety Committee met on December 13, 2004 and discussed four ordinances that will be discussed at tonight's meeting (Ordinance D- 1734-04, Ordinance D- 1735-04, Ordinance No. A-90-04 and Ordinance No. S-71-04). OLD BUSINESS Council President Carter announced the Third Reading of Ordinance No. D-1686-04~ As Amended: An Ordinance of the Common Council of the City of Carmel, Indiana, to Regulate Mining Operations Within the Corporate Boundaries of the City of Carmel (Regulate Mining Operations/Martin Marietta). Councilor GIaser made a motion to table this item until January 10, 2005. Councilor Sharp seconded. Them was brief Council discussion. Council President Carter called for the question. The motion to table passed 4-3 (Councilors Kirby, Mayo and Carter opposed). Council President Carter announced the Second Reading of Ordinance No. D-1734-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Creating A Carmel Fire and Police Department Merit System and Adding Chapter 6, Article 3, Section 6-33 to the Carmel City Code (Fire/Police Merit System). Councilor Mayo discussed the changes that were recommended at committee. Councilor Mayo made a motion to amend this ordinance. Under Sec. 6-33 (b): add.' The Fire Chief shall select his executive assistants from Fire Department members who hold the permanent merit rank of Lieutenant or above and the Police Chief shall select his executive assistants from Police Department members who 2 hold the permanent merit rank of Sergeant or above. Sec. 6-33 (c): add: an unlimited number of successive two (2) year terms, .... Under Sec. 6-33 (g): add: at least once each calendar year. Councilor Sharp seconded. Council President Carter called for the question. The motion to amend passed 7-0. Councilor Glaser made a motion to amend Sec. 6-33 (f) to remove Battalion Chief, move and after Lieutenant, (The Merit Promotion System shall apply to all promotions of Fire Department members to the ranks of Engineer, Lieutenant, and Captain and to all promotions .... ). Councilor Rattermann seconded. There was brief Council discussion. Councilor Mayo referred to Fire Chief Doug Callahan to answer any questions from Council. Them was extensive Council discussion. Doug Haney, City Attorney, addressed Council for clarification. Council President Carter called for the question. The motion to amend passed 4-3 (Councilor's Kirby, Mayo and Carter opposed). Council President Carter called for the question. Ordinance No. D-1734-04, As Amended, was approved 7-0. Council President Carter announced the Second Reading of Ordinance No. D-1735-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Concerning the Construction of Additions and Improvements to the Waterworks of the City of Carmel, Indiana; Authorizing the Issuance of Revenue Bonds For Such Purpose; Addressing Other Matters Connected Therewith, And Repealing Ordinances Inconsistent Herewith ($7.5 million BAN). Councilor Kirby referred to John Duffy, Director of Utilities, for clarification. There was brief Council discussion. Council President Carter called for the question. Ordinance No. D-1735-04 was approved 7-0. Council President Carter announced the Second Reading of Ordinance No. D-1740-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adopting Interlocal Agreement (Appointment of members to the Carmel/Clay Board of Parks and Recreation). Council President Carter referred to Councilor Sharp to present to Council. Councilor Sharp made a motion to table this item until January 10, 2005. Councilor Mayo seconded. Council President Carter called for the question. The motion to table passed 7-0. Council President Carter announced the Second Reading of Ordinance No. Z-444-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Adopting Chapter 23F (Carmel Drive - Range Line Road Overlay Zone). Councilor Rattermann presented this item to Council and referred to Mike Hollibaugh, Director of Department of Community Services, for clarification. Councilor Rattermann made a motion to amend this ordinance per Version B that was provided to Council in their packet. Councilor Glaser seconded. Council President Carter called for the question. The motion to amend passed 7-0. There was extensive Council discussion. Council President Carter passed the gavel to Councilor Kirby so that he could discuss this ordinance. Council President Carter reclaimed the gavel from Councilor Kirby. Council President Carter called for the question. Ordinance No. Z-444-04, As Amended, was approved 4-3 (Councilor's Sharp, Kirby and Griffiths opposed). Council President Carter announced the Second Reading of Ordinance No. Z-460-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Regulating Denied Petitions in the Carmel Zoning Ordinance (Zoning Denials). Councilor Rattermann referred to Jon Dobosiewicz, Department of Community Services, for clarification. There was no Council discussion. Council President Carter called for the question. Ordinance No. Z-460-04 was approved 7-0. Council President Carter announced the Second Reading of Ordinance No. Z-461-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Regulating Temporary Uses in the Cannel Zoning Ordinance and Establishing a Resubdivision Process in the Carmel Subdivision Control Ordinance (Resubdivision Process). Councilor Rattermann presented this item to Council and made a motion to amend this ordinance per Version B that was provided to Council in their packet. Councilor Glaser seconded. Councilor's Sharp and Kirby reminded all departments that an ordinance was passed on October 18, 2004 (D- 1727-04) requiring a version number be added to the lower left hand corner whenever an ordinance is being amended and presented to Council. Council President Carter called for the question. The motion to amend passed 7-0. Clerk-Treasurer Diana Cordray informed Council that a scrivener's error was discovered earlier today. Councilor Kirby made a motion to amend Section I (g) (25.24.01), change form to from. Councilor Mayo seconded. Council President Carter called for the question. The motion to amend passed 7-0. Council President Carter called for the question. Ordinance No. Z-461-04, As Amende& was approved 7-0. Council President Carter announced the Third Reading of Ordinance No. Z-462-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Monon & Main Planned Unit Development District. There was no Council discussion. Council President Carter called for the question. Ordinance No. Z-462-04 was approved 7-0. Council President Carter announced the Second Reading of Ordinance No. Z-463-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (Range Line Road Overlay Zone Classification). Councilor Rattermann presented this item to Council. Councilor Sharp made a motion to accept amended Version B that was provided to Council in their packet. Councilor Griffiths seconded. Jon Dobosiewicz, Department of Community Services, informed Council that a new amended version was given to the Clerk-Treasurer's office earlier today. The Parcel List was amended to match the amended map that was provided to Council. Councilor Sharp made a motion to accept the new amended version. Councilor Mayo seconded. There was brief Council discussion. Council President Carter called for the question. The motion to amend passed 7-0. Council President Carter called for the question. Ordinance No. Z-463-04, As Amended, was approved 7-0. Council President Carter announced the Second Reading of Ordinance No. Z-464-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Traditions on the Monon Planned Unit Development District (Monon PUD). There was no Council discussion. Council President Carter called for the question. Ordinance No. Z-464-04 was approved 6-0 (Councilor Mayo was not present). Council President Carter announced the Second Reading of Ordinance No. A-90-04; An Ordinance of the Common Council of the City of Carmel, Indiana, To Budget Expenditures for the Operation and Depreciation Funds for the Water Utility (Water Utility Budget 2005). Councilor Kirby presented this item to Council. There was no Council discussion. Council President Carter called for the question. Ordinance No. A-90-04 was approved 6-0 (Councilor Mayo was not present). Council President Carter announced the Second Reading of Ordinance No. S-71-04; An Ordinance of the Common Council of the City of Carmel, Indiana To Budget Expenditures for the Operation and Depreciation Funds for the Wastewater Utility (Wastewater Budget 2005). There was no Council discussion. Council President Carter called for the question. Ordinance No. S-71-04 was approved 6-0 (Councilor Mayo was not present). PUBLIC HEARINGS Council President Carter announced the First Reading of Ordinance No. Z-465-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending the WestClay Village Planned Unit Development District Ordinance (Village of WestCtay PUD). Councilor Sharp made a motion to combine this Ordinance with Ordinance No. Z-469o04. Councilor Kirby seconded. Councilor Rattermann moved to introduce this item and Ordinance Z-469-04 into business. Councilor Sharp seconded. Councilor Rattermann presented this item to Council. Councilor Sharp made a motion that the Public Hearing be held open on this Ordinance and Ordinance Z-469-04 until January 10, 2005. Councilor Mayo seconded. Councilor Kirby reminded Council that the Public Hearing would not be allowed to remain open when the Ordinances go to committee according to Indiana Law. Council President Carter called for the question. The motion to keep the Public Hearing open until January 10, 2005 passed 7-0. Council President Carter referred to George Sweet, 1100 W. 131 Street, Carmel, IN 46032 of Brenwick Development Company, 12821 E. New Market Street, Suite 200, Carmel, Indiana 46032 for presentation to Council. Also in attendance were Mr. Sweet's partner, Tom Houston, and several other representatives from Brenwick. Council President Carter opened the Public Hearing at 9:18 p.m. The following persons addressed Council in opposition to Ordinance No. Z-465-04 and Ordinance No. Z-469-04: Charles Germain, 12080 Bennington Trace, Carmel IN 46032 Marilyn Anderson, 3884 Shelbourne Court, Carmel, IN 46032 (read prepared statement, attachment 1). Ms. Anderson also presented an opponent list and letters to Council which may be viewed in the Clerk- Treasurer's office. Kamran Baygani, Treasurer of Laurel Lakes HOA, 12092 Ashbcrofi Place, Carmel, IN 46032 Dave Cremeans, 9830 Green Tree Drive, Carmel, IN 46032; Nadine Baker, 2495 Durbin Drive, Board member of Crosafields HOA, Carmel, IN 46032 Ben l~ills, 2456 Laurel Lakes Blvd., Carmel, IN 46032 Bill Gallihugh, 2114 Pine Hurst Drive, Carmel, IN 46032 Dee Fox, 11389 Royal Court, Huntington Chase, Carmel, IN 46032 Laura Zimmermann, 12408 Gasken Way, Carmel, IN 46032 The following person addressed Council in favor of Ordinance No. Z-465-04 and Ordinance No. Z-469-04: Glen Powers, 1997 Rhettsbury Street Seeing no one else who wished to speak, Council President Carter stated that the Public Hearing be paused at 10:03 p.m. until January I0, 2005. There was brief Council discussion. Council President Carter referred Ordinance No. Z-465 and Ordinance No. Z-469-04 to the Land Use, Annexation and Economic Development Committee for further review and consideration. Council President Carter announced the First Reading of Ordinance No. Z-467-04: An Ordinance of the Common Council of the City of Cannel, Indiana, Rezoning District Classification (My Three Son's Venture LLC Property located at 3751 W. 97th Street). Councilor Rattermann moved to introduce this item into business. Councilor Glaser seconded. Councilor Rattermann presented this item to Council and referred to Christopher McComas with Advocati, LLC, PO Box 518, Carmel, 1N 46082 for a presentation to Council. Mr. McComas presented Council with a new map to insert into their packet. Council President Carter opened the Public Hearing at 10:12 p.m. Seeing no one who wished to speak, Council President Carter closed the Public Hearing at 10:13 p.m. There was no Council discussion. Council President Carter referred Ordinance No. Z-467-04 to the Land Use, Annexation and Economic Development Committee for further review and consideration. Council President Carter announced the First Reading of Ordinance No. Z-468-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (North Meridian Medical Pavilion). Councilor Rattermann moved to introduce this item into business. Councilor Mayo seconded. Councilor Rattermann referred to Michael C. Cook, Attorney at Law, Wooden & McLaughlin LLP, One Indiana Square, Suite 1800, Indianapolis, IN 46204 for presentation to Council. Also in attendance was Dan Barkes, Lauth Property Group. There was brief Council discussion. Council President Carter opened the Public Hearing at 10:17 p.m. Seeing no one who wished to speak, Council President Carter closed the Public Hearing at 10:18 p.m. Councilor Sharp made a motion to suspend the rules and vote this evening. Councilor Kirby seconded. Council President Carter called for the question. The motion to suspend the rules and vote this evening passed 7-0. Councilor Sharp made a motion to adopt the ordinance. Councilor Griffiths seconded. Council President Carter called for the question. Ordinance No. Z-468-04 was approved 7-0. Council President Carter announced the First Reading of Ordinance No. Z-469-04; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification and Amending the WestCIay Village Planned Unit Development District Ordinance. [Rezoning 30.1 acres at the northwest comer of Towne Road and 13 ist Street from the S-1/Residence District Classification to the WestClay Village Planned Unit Development District and To Change Designations on the Development Plan]. This ordinance was combined with Ordinance No. Z-465-04. Council President Carter referred Ordinance No. Z-469-04 to the Land Use, Annexation and Economic Development Committee for further review and consideration. NEW BUSINESS There was none. OTHER BUSINESS a. Election of 2005 Council President Councilor Sharp nominated Councilor Kevin Kirby for 2005 Council President. Councilor Griffiths seconded. There were no other nominations. Councilor Sharp moved that the nominations be closed and Mr. Kirby be elected by acclimation. Councilor Rattermann seconded. Council President Carter called for the vote. Councilor Kirby was nominated 2005 Council President by a vote of 7-0. 6 b. SMC Development LLC-Zotec Solutions, Inc./Statement of Benefits Initial Filing and Approval by Carmel Common Council. Clerk-Treasurer Diana Cordray presented this item to Council President Carter. No action was needed by the Council. ANNOUNCEMENTS Councilor Rattermann thanked the Carmel Fire Department and Ron Carter for his service as Council President for 2004. Councilor Kirby thanked the Council for nominating him for the 2005 Council President. He asked each Council member to get with him regarding on which committee they would like to serve. Councilor Kirby also informed Council that he would be rotating the Chair of each committee. Councilor Kirby also asked for a list of committees and to give a copy to each Council member. EXECUTION OF DOCUMENTS ADJOURNMENT Council President Caner adjourned the meeting at 10.25 p.m. ATTEST: Clerk-Treasurer Diana L. Cordray, I~,IC Respectfully submitted, Clerk-Treasurer Diana L. Cordray, IAMC X Approved, i'vj 3~or James Brainard 7 To: City-Councilors December 20, 2004 I was one of a group of opponents who persisted in attending Plan Commission meetings as Brenwick's most recent proposed change worked its way through the process. Some changes were obtained: unfortunately, density and the permitted commercial uses are still very problematic. I have a stack of remonstrance letters with 43 signatures I'd like placed into the record. I'm providing a copy of only one for your reading. You need to know that there was a delivery problem and some were delivered even though they said "Return to Sender." If there's anyone in the audience who sent one, please check with me to verify it was received. Brenwick is very good at "playing victim" and casting opponents as unable to be satisfied--with the clear implication that our concerns can therefore be set aside as not realistic. I think it is important, therefore, for you to be made aware of the list of"hot" issues and of the concessions generally agreed to bu opponents during the process. Please be aware that this list previously provided Brenwick and the Plan Commission do not mean opponents are happy and excited about these particular changes. But clearly we have been willing to work with the Village of WestClay to come up with something acceptable to them and to us. 1) We agree to the new residential use of Senior Housing, limited to the number of units and location currently proposed. We acknowledge the need in the greater community and that this residential use has less impact than other residential uses. 2) We agree to an expansion of the Village of WesrClay by including the 30 acres on the NW corner of 131 st at a higher density than the S- 1 Residential Estate for which the land is zoned. 3) We agree to commercial development west of Town Road in the currently proposed location only if certain issues are addressed and restricted in the ordinance. 4) We agree to an increase in density in that Senior Housing can be excluded from the density cap of 2.0. 5) We do not agree to an increase in the density cap above 2.0, including the lofts, but excluding the current number of proposed Senior Housing units. Granting Brenwick 1) the 30-acre expansion at higher density than currently zoned, 2) the inclusion of the new Senior Housing section, 3) the relocation of commercial development, and 4) some new commercial uses all provide Brenwick the ability for higher profits. Constructing 182 more homes, 122 of which are just more homes for the pre-existing area of the Village of West Clay, has too many negative impacts on the surrounding neighbors. 122 additional homes is a large subdivision in its own right, even if it were on new acreage. Supporters of the current proposal either have vested financial interests or they are residents of the Village of WestClay who have given testimonials about how much they loved living there. I don't think any opponent is suggesting that no one would be happy living in the Village of WestClay. I have really good friends in Indianapolis that have seriously talked about moving to condos in downtown Indianapolis. If they do, I'll wish them well. But you couldn't pay me enough to do that. Zoning the area S-1 Residential Estate was a hard-won Comprehensive Plan battle fought by the large number of people like me, who wouldn't be happy in a typical city atmosphere. Plopping the Village of WestClay in the middle of this S-1 area was a much fought reversal of the zoning and still engenders a high level of anger among many area residents. The Village of WestClay was amended in 2002 and I participated in the Plan Commission Committee that agreed to move some of the permitted density over to the one parcel west of Towne Road only with the provision that the overall density remain capped at 2.0. We also specified in Section 8.1, "No mixed-use or commercial structures shall be located in the Primary Area (RU) nor in the Secondary Area nor west of Towne Road." In Section 7.1, we were quite clear that in responding to Brenwick's statements regarding "the market demands," we were willing to change from only single-family homes to duplex townhouses. We were equally clear that further intensity was not to be approved, even though Brenwick inserted "unless otherwise authorized by the Commission" into the language. We did not strike that language, as we did not anticipate that all the Township representatives would be dismissed and unable to vote again. Now Brenwick comes again, citing "market demand" to ask for further changes. Please take a look at the initial plan in 1999 and remember this S-1 Residential Estate area surrounding the Village of WestClay is the only area with such a zoning. This is the only area for all of us who do not want to live with the negatives of typical city density. Where are we supposed to find our happy setting as the Village of WestClay becomes more intense and more commercial in the routine corner/strip mall types of uses-nevermind how fancy the buildings look? This is a philosophical difference in values that is quite clear to the surrounding residents and a battle that was supposed to have been settled with the Comprehensive Plan. Whatever reasoning is used to justify increasing the residential or commercial intensity of the Village of WestClay, it takes away from the very things valued by people who chose the low density area and fought for the S-1 Residential Estate zoning. Brenwick has stated there is no problem with the undeveloped property just west of their land along Towne Road. Frankly, given the plan for commercial development along with the Senior Housing, that makes me worry. I'm betting the developer west of this land is waiting for this approval to be final before submitting a plan asking to rezone his tract to higher density. He'll cite the uses and density permitted on Brenwick's adjoining land. Don't let this domino start falling. I've said from the beginning, that if the Village of WestClay had been built close to Michigan Road or Meridian Street, it would have placed less demand on the infrastructure and been less intrusive into the area of S-1 Residential Estate zoning. These alternative locations would have been a lot less controversial and the higher density and types of commercial uses they are now asking for would make sense. But Brenwick chose the middle of the S-1 Residential Estate area. You can not just look at the Village of WestClay and what is best for it without detracting valuable quality of life issues for the surrounding neighborhoods. Again, where else can we choose? This lack of alternative choices for an area of low density is why further intensifying the Village of WestClay stirs up such strong animosity. I ask that you seriously look at what best meets the needs of the entire area and what best honors the zoning in place in the area. Please revise the amended plan to address the density issues and the issues with the new auto-driven commercial area. Marilyn Anderson 3884 Shetborne Ct. Carmel, 1N 46032 To: City Councilors Date: 1 [°~0q'' Re: Changes proposed by Brenwick for the Village of West Clay We do not agree to an increase in the density cap above 2.0, including the lofts, but excluding the current number of proposed Senior Housing units. The 122 additional homes is a large subdivision in its own right. Constructing 122 additional homes on the same acreage already included in Bmnwick's existing planned area has too many negative impacts on the surrounding neighbors. Current density in the area averages approximately 1.5 to 1.6 units per acre. Bmnwick's proposed increase in density to nearly 2.2 is not supported in the Comprehensive Plan. We ask that you support the Comprehensive Plan and not permit the density cap to be increased beyond the already approved limit of 2.0. The proposed new commercial development is not acceptable. Brenwick's approved plan in 1999, and amended in 2002, was for "pedestrian-friendly." The current proposal permits, up to three fast-food restaurants with drive-thrus, banks with drive-thru, pharmacy with drive-thru, grocery store with drive-thru, gas stations with car wash, convenience stores with gas sales, liquor stores, hardware stores, video stores, garden shop and a day care. We understand that the Comprehensive Plan does permit "neighborhood serving commercial" in residential areas. However, Brenwick's proposed changes are not only no longer "pedestrian-friendly," they are no longer "neighborhood serving" light retail. It is unacceptable to have proposed standards compared to what has been approved in the Michigan Road corridor. Brenwick's area is zoned residential and should not be permitted anything like the intensive commercial uses along Michigan Road, a major thoroughfare and U.S. highway. Lighting, signage, hours of operation, and permitted uses should all be "neighborhood serving," not Michigan Road type commercial uses Brenwick keeps coming back asking for things refused in 1999 and 2002 (such as higher density and more intensive commercial uses) as well as asking for new, significant changes. The community should not have to keep fighting and fighting the same old issues as well as new ones. We ask that you hold the line on old issues and that any new changes are appropriate for a residential area. Signatures' Address Phone Number