Indianapolis Metropolitan Development Commission Public Meeting - August 3, 2022

The Metropolitan Development Commission (MDC) held a public meeting on August 3, 2022, beginning at 6:00 PM. The meeting covered a variety of land use and development items, including the approval of four resolutions, continuances, a withdrawal, seven no-appeal petitions, and three major public hearings. Key decisions involved rezoning a unique property on Kessler Boulevard for a 10-unit multifamily development, approving a mixed-use office and retail project in Broad Ripple Village, and a plat approval for a property on East 23rd Street despite title challenges.

Consent Calendar

• Minutes: Approved unanimously (6-0) for the July 20, 2022 meeting.
• Resolutions: Four resolutions were approved together (6-0):
  • Resolution 2022 R026: Authorizes conveyance of four properties to Indypendence Indiana Incorporated for neighborhood redevelopment.
  • Resolution 2022 R027: Authorizes an interlocal agreement with IHA for up to $175,000 for housing rehabilitation using Meridian Redevelopment Area TIF funds.
  • Resolution 2022 E032: Authorizes up to $9,240,000 from unobligated funds for local public improvement projects.
  • Resolution 2022 E033: Authorizes pledge of TIF revenues for refunding bonds (series 2022) not to exceed $88 million. The Bond Bank and financial advisor Crow testified that the refunding would aim for lower interest rates (current bonds at ~5%, target savings in the 3-4% range).
• No-Appeals Docket: Seven petitions recommended for approval were approved together (6-0):
  • 2022 APP 008 (2001 W 86th St)
  • 2022 ZON 030 (11700 & 11850 E 38th St, 4002 N Carroll Rd)
  • 2022 ZON 059 (1902 Alvard St)
  • 2022 ZON 065 (3450 W 62nd St)
  • 2022 ZON 075 (95-975 Bertzel Pkwy)
  • 2022 ZON 079 (2018-2030 Rembrandt St)
  • 2022 CZN 834 (2143 Columbia Ave)

Withdrawals & Continuances

• Withdrawal: Petition 2021 ZON 125 and companion 2022 V AR001 (East Edgewood and South Emerson Avenue) were withdrawn by counsel Joseph Calderon to allow further work on a new site plan and community consensus.
• Continuances:
  • 2022 VAC 002 (863 & 875 Massachusetts Ave) continued to August 17, 2022, without notice, with no objection from remonstrators or staff.
  • 2022 CZN 830 and 2022 CAP 830 (7320 E Hana Ave) continued to August 17, 2022, awaiting executed commitments.

Public Hearing: 2022 ZON 034 – 4915 Kessler Boulevard East Drive

• Petitioner: Misha Rabinovich representing Eric Armstrong (Spam Alexander REIG) sought rezoning from D2 to DP for a 10-unit luxury apartment development on a 1.66-acre property known as the "Dolphin House."
• Supporting Testimony:
  • Neighbor Jordan Steinmetz (4903 Kessler Blvd East Dr) expressed support, citing the developer's responsiveness and the property's current blight.
  • Councilor Boots (Councillor for the area) testified in favor, emphasizing the developer's extensive concessions, including indemnification for neighboring wells, a development statement with 26 parking spaces, and a commitment to address code violations. He argued the unique property warranted a DP designation and that the 10-unit density was necessary for financial feasibility.
• Opposing Testimony:
  • Laura Servas (4897 Kessler Blvd) objected on behalf of the Kessler View Neighborhood Association, citing density (three times the plan recommendation of 1.9 units/acre), parking concerns, the precedent of legitimizing past violations, and lack of enforcement. She noted the property had been a source of neighborhood problems.
  • Calvin Johnson (5730 Emerson Way) did not object to the zoning change but asked for strong city oversight during construction.
  • Melinda Hall (4711 Kessler View Dr) highlighted the property's history of non-compliance and expressed concern that the DP would not ensure future adherence.
  • Karen Friss (5204 Green Willow Ct) opposed due to traffic and safety issues at the curved intersection.
• Staff Recommendation: Denial, citing inconsistency with the neighborhood plan (recommended 0-1.75 units/acre; proposal 6 units/acre), concerns about parking (26 spaces vs. code minimum of 10), and the legalization of unpermitted structures. Staff stated redevelopment should be compatible with the surrounding low-density character.
• Key Outcomes: Motion to approve subject to the DP statement (dated August 3, 2022), site plan (May 23, 2022), and floor plans (June 23, 2022) passed 6-0. Commission President Dillon committed to monitoring the project alongside Councilor Boots.

Public Hearing: 2022 CZN 821, CVR 81, CVC A21, CPL 821 – Cornell Avenue & Ferguson Street (Broad Ripple)

• Petitioner: Misha Rabinovich representing Avenue Development sought approvals to redevelop four parcels into a mixed-use building with ground-floor restaurant (Ambrosia-affiliated) and three floors of office, along with a surface parking lot, alley vacation, and subdivision plat. The project would bring 80-100 daytime jobs to Broad Ripple.
• Supporting Testimony:
  • Jordan Dillon, Executive Director of Broad Ripple Village Association (BRVA), testified in support, stating the project would bring needed daytime traffic to sustain businesses and improve public safety. She noted the developer had made three presentations to the land use committee and adjusted the building design.
  • The petitioner highlighted a $16-18 million investment, 2.5 million in property tax revenue over 10 years, and a parking agreement with Veritas Realty for 10 spaces.
• Opposing Testimony:
  • Denny O'Clack (930 E 66th St) objected, arguing the project would harm the village character, increase congestion on Cornell Avenue, and set a precedent that undermines the Envision Broad Ripple Plan.
• Staff Recommendation: Split – recommended approval of the rezoning (CZN) and variance for medium mixed-use building type and reduced parking (51 spaces vs. 75 required), but recommended denial of the alley vacation (CVC) and the surface parking lot on Ferguson Street, citing the Transit Oriented Development (TOD) overlay that prohibits surface parking within 1,000 feet of the Red Line. Staff suggested underground parking as an alternative. The hearing examiner had recommended denial of the entire project.
• Key Outcomes: The commission approved all four petitions (each 4-0, with President Dillon recusing):
  • 2022 CZN 821 (rezoning) approved.
  • 2022 CVR 81 (variance of use and development standards) approved.
  • 2022 CVC A21 (alley vacation) approved, subject to public utility rights and a final assessment of $200 plus $750 appraiser fee.
  • 2022 CPL 821 (plat) approved, subject to 10 conditions in the staff report.

Public Hearing: 2022 PLT 032 – 502 East 23rd Street

• Petitioner: Attorney John Cross representing Jem Holmes LLC sought approval of a subdivision plat to re-plat three lots into four lots (0.69 acre, zoned D8). The property had a contested title history.
• Remonstrator: Kenneth Kadir (P.O. Box 55227, Indianapolis) argued that the property was rightfully his through inheritance and that his mother's will and subsequent deeds were forged. He stated he had filed a new lawsuit and forensic evidence of forgery. He also argued the proposed development (condos/townhomes) would create parking issues and was inconsistent with the neighborhood's preference for single-family homes.
• Petitioner's Response: Provided a detailed title history showing that Mr. Kadir's previous legal challenges had been dismissed with prejudice, and that the property was legally sold to the current owner. The plat met all subdivision ordinance requirements.
• Staff Recommendation: Approval, noting the plat committee's function is ministerial; the plat complies with the subdivision control ordinance.
• Key Outcomes: Motion to approve passed 4-1 (Commissioner Blackburn voted no). The commission noted the title dispute is a matter for the courts and did not affect the plat's compliance.

Key Outcomes Summary

• Approved 4 resolutions, 7 no-appeal petitions, and 3 major public hearing requests (with conditions).
• Denied none; all votes on contested items had sufficient support.
• The next MDC meeting is scheduled for August 17, 2022, with several items continued to that date.
• President Dillon and Councilor Boots pledged to monitor the Kessler Boulevard project for compliance.