Two recent hearings in the City-County building resulted in support for the Village of Broad Ripple to uphold the consolidated plan. The first was the City-County Council meeting on February 13. A call-down, or pull-down, was approved for condominium development rezoning petition 2005-ZON-146, with properties located at 6137 and 6155 Winthrop Avenue. As reported in the previous issue of The Gazette, the Winthrop petition (a rezoning to allow for five homes to be razed to construct 28 condominiums that would result in 20 units per acre in an area recommended for 4-5 units per acre) was denied by the Metropolitan Development Commission's (MDC) hearing examiner. The MDC's staff report also recommended denial. The developer appealed this decision to the full MDC, where the hearing examiner's decision was reversed and it was approved 4 to 3 [see editorial on page 25]. The next step in the process is the City-County Council approval of all the rezonings that have been recently approved by the MDC. All the case numbers of the MDC-approved rezonings are read aloud; then the council votes for approval of the entire block of petitions. The council can withhold approval of a petition if one of the members "calls down" a petition to be heard. Broad Ripple Village was not able to get support from the Village's own representative council member, Jim Bradford, to ask for the call-down. In fact, while Bradford was not at the meeting, councillor Scott Schneider read to the public record a statement by Bradford asking for the council to not support hearing this petition. The village was, however, able to get the support of councillor-at-large Joanne Sanders, who requested that this petition be heard by the council. It was seconded and voted on. The request to be heard passed 16 to 10. The next step will be for a private negotiation with a mediator; the petition will then come before the City-County Council on March 6 at 7 P.M.

It was interesting to note that the only councilors that voted against the calling down were Republicans - Dr. Philip Borst, Virginia Cain, Bob Cockrum, N. Susie Day, Lynn McWhirter, Lincoln Plowman, Isaac Randolph, Earl Salisbury, Scott Schneider, and Mike Speedy. Not in attendance were Republicans Marilyn Pfisterer, James Bradford, and Lance Langsford. Scott Keller was the only Republican to vote for the call down.

The second hearing in favor of the Village was on February 15, when the MDC voted 4 to 3 in favor of denying a request to raze four homes on the southeast corner of 66th and Ferguson Streets for the construction of condominiums.

This is case 2005-ZON-147, for properties located at 806, 808, 812, and 888 E. 66th Street. Ferguson, LLC requested a rezoning of 0.76 acre from D-4 to the D-P classification to provide for 23 multi-family dwelling units at a density of 30.3 units per acre. The Broad Ripple Village Plan that is part of the Washington Township Comprehensive Plan calls for low-density residential for the area. The first step in the rezoning process was a hearing in front of the hearing examiner for the MDC. That hearing took place on January 26 at the City-County Building. The hearing examiner approved the petition for the rezoning. The Village of Broad Ripple, represented by the Broad Ripple Village Association (BRVA) and the Greater Broad Ripple Community Coalition (GBRCC), appealed the ruling. This resulted in the February 15 hearing in front of the MDC. The full hearing was broadcast live and is replayed at various times on local cable channel 16. The schedule can be found at www.indygov.org/eGov/Cable/Gov_TV/16_schedule.htm. I recommend watching this hearing. The presentations for both sides were well thought out and presented. It is enlightening to hear the arguments for and against.

Present at the hearing to support the petition were developer David Kosene, Indianapolis Art Center (IAC) president and executive director Joyce Sommers, architect Gary Weaver and legal representatives Stephen Mears and Judy Weerts Hall. Present to oppose the petition were representatives from the BRVA and the GBRCC and many residents of Broad Ripple.

The hearing started with a presentation by attorney Stephen Mears. He described the details of the proposed condominium project, then introduced Joyce Sommers. "I appreciate the opportunity to present the Indianapolis Art Center's point of view," she explained, also stating that she and IAC architect Michael Graves are both Broad Ripple High School graduates. "I am speaking for the board of directors of the art center. They have made a formal vote on this. The board of directors absolutely does not oppose this rezoning petition. As [Kosene and Kosene] shared their plans of what they were doing in the community, we shared our ten-year plan, which is quite comprehensive, about our ARTSPARK and our 12-acre campus. In at least two instances, areas that they might have liked to think about developing, we told them they were sort of the green areas we were hoping to be part of our ARTSPARK and they complied both times by promising both times not to develop those areas. I really believe that Kosene Development has brought a population to Broad Ripple Village that creates a healthy balance and diversity."

"After hearing that Joyce graduated from Broad Ripple, David and Jerry [Kosene], and I did, it feels like we're having an alumni association meeting here today," joked Mears. He then explained that if the condominium project is completed, the property taxes generated will be eight times what they are from the four houses that occupy the site now. Gary Weaver then described the architectural details of the project. This included sidewalks and a pocket park. He described that the parking is all within the interior of the project.

Next, the remonstrators presented. Scott Hayes, property owner across the street from the proposed development, spoke first. "I am a cardio-vascular pharmacologist, not a remonstrator. If somebody had told me I'd be up here speaking six months ago, I would have laughed. But, I saw the plans for the Ferguson development last year. When I saw those plans - the deviation from the Broad Ripple plan and the impact it would have on the area - I thought there's no possible way this would be built. The next thing I know it is going in."

There were many residents that spoke against the project, including a resident of the first Kosene and Kosene condominium development on 67th Street. Some of the points included that 25% of the existing condominiums in the area are currently for rent or sale, there has been wave after wave of condominium projects approved in Broad Ripple and it has to stop sometime, increased property taxes generated by such projects are likely to be offset by an increased infrastructure load, and that the developer has not shown that a lesser-density project is not feasible on the site. The testimony was logical and passionate, but there is too much to print here.

The MDC vote was as follows:

voting no (supporting the Village residents) - Sylvia Trotter, Amy Bilyeu, James J. Curtis, Sr., and Brian Murphy.

voting yes (supporting the developer) - Robert Shula, Dorothy J. Jones, and Robert Kennedy.

not in attendance were - John M. Bales and Lee Marble.

Following up with Peter Dean, a director for the BRVA, a next-door neighbor to the proposed Winthrop project, and leader of the remonstration, "Today, the Metropolitan Development Commission finally recognized the Broad Ripple Comprehensive Land Use Plan exists as a guideline for RESPONSIBLE development, and voted accordingly." Peter added, "People that live, work or play in Broad Ripple need to take a more active role in protecting it from others that would exploit it for their personal gain."