Metropolitan Development Commission Public Meeting - October 5, 2022

The Metropolitan Development Commission held a public meeting on October 5, 2022, to consider a consent calendar, continuances, a special request, petitions of no appeals, and a contested hearing on a modification petition. The meeting included votes on seven resolutions, several continuances, and a final vote on a request to modify commitments to allow an automobile fueling station at 4001 South Keystone Avenue.

Consent Calendar

• Seven resolutions (2022 R035, 2022 E035, 2022 E036, 2022 E037, 2022 E038, 2022 E039, 2022 C010, 2022 P015) were read into the record by the secretary. Commissioner Blackburn moved to approve, seconded by Commissioner Bruns. The roll call vote was 8–0 in favor, with all commissioners voting aye (Ash, Blackburn, Bruns, Garver, Robinson, Schumacher, Selm, Westrick, and President Dillon).
• Resolution 2022 E036 (confirmatory resolution for Domino and Monon 32 projects) was separately approved 8–0 after a brief comment from Deputy Director Rusty Carr, who stated the resolution would enable two housing projects with over 200 total units.

Public Comments & Testimony

• Councilman Frank Muscari spoke in support of the 2022 MOD 010 petition (gas station), stating he had heard no opposition from remonstrators and that the property has been an eyesore for years. He noted that Councilman Dick also supported the petition.
• Remonstrators (represented by attorney Greg Zubek) testified against the gas station petition. They included owners of nearby fueling stations and the McCanna neighborhood association. Key points: the property was purchased in February 2022 for $199,999 with full knowledge of the existing commitments; the comprehensive plan designates the area as village mixed use, which excludes automobile uses; there are already five fueling stations within 0.7 miles; and the 2016 commitments were a condition of the C4 zoning. A petition with 92 signatures and letters from two other gas station owners were entered into the record.

Discussion Items

• 2022 MOD 010 – Modification of Commitments for 4001 South Keystone Avenue
  • Petitioner (Greg Hahn, representing Amon LLC) argued that the property has been abandoned since 2017, is blighted with trash and graffiti, and that the owner (Suquender Singh) is a reputable businessman who owns 40 gas stations and convenience stores. The petitioner requested removal of the commitment prohibiting an automobile fueling station (the car wash request was withdrawn earlier). They offered to reduce access drives from five to three, invest $2.5 million, and commit to daily cleanup and routine inspections. They noted that Councilmen Muscari and Dick supported the project.
  • Staff (Kathleen and others) recommended denial, citing the comprehensive plan’s village mixed use designation, which excludes automobile uses. Staff noted that C4 zoning currently allows at least 40 permitted uses beyond the 18 excluded by commitments, and that a fueling station would be inconsistent with the plan. Staff also expressed concern about safety with five access drives and the property’s condition.
  • Commission questions included whether the owner had underground tanks (petitioner said no), and the feasibility of other uses. Commissioner Ash noted that while a liquor store is permitted, it may not be desirable.

Key Outcomes

• 2022 MOD 010 was denied by a vote of 5–4 (4 in favor, 5 against). The petitioner was informed that they must wait one year before refiling, unless a waiver is obtained.
• Continuances were granted for several petitions due to lack of commitments:
  • 2022 CZN 830 and 2022 CAP 830 (7320 East Hannah Avenue) continued to October 19, 2022 (8–0).
  • 2022 ZON 083 (1751 South Lawdale Avenue) continued to October 19, 2022 (9–0).
  • 2022 ZON 101 (1067 West 29th Street) continued to October 19, 2022 (9–0).
  • 2022 ZON 107 (11517 East 38th Street) continued to October 19, 2022 (9–0).
• Special request for a waiver of the one-year refiling rule (for properties at 5822/5824 Norcroft) was withdrawn by staff after the commission requested a formal letter of support from the Decatur Township Civic Council, which had not yet been provided.
• Petitions of no appeals (seven petitions) were approved 9–0 as a group.
• Consent calendar resolutions and the confirmatory resolution were approved 8–0.

Note on vote discrepancies: The transcript shows an 8–0 vote for the consent calendar but later 9–0 votes for continuances, possibly due to a commissioner arriving late or a recording error. The numbers are reported as stated.