Metropolitan Development Commission Public Meeting - November 2, 2022
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Metropolitan Development Commission Public Meeting - November 2, 2022
The Metropolitan Development Commission (MDC) held a public meeting on November 2, 2022, at 6:15 PM (18:15). The meeting included approval of minutes from October 19, 2022, reading of 16 resolutions, a public hearing on amendments to the commission's rules of procedure, approval of 15 resolutions, continuance requests, action on petitions of no appeals, and a contested rezoning hearing. All votes were unanimous (8-0) unless otherwise noted.
Consent Calendar
- Minutes Approval: The minutes from the October 19, 2022 meeting were approved by a unanimous vote (8-0) with no additions or deletions.
- Bulk Approval of 15 Resolutions: After the public hearing on the rules of procedure, the remaining 15 resolutions (numbers 2022 R039 through R044, 2022 E041 through E044, 2022 FS003, 2022 P017 through P020) were approved unanimously (8-0). These resolutions covered a range of administrative actions, including contract amendments, property transfers, loan authorizations, and professional service agreements. Specific items include:
- Adding $23,282 to a contract with STR Grants LLC for land bank property portfolio management.
- Adding $50,000 to a contract with Allied Logistical Services for property preservation.
- Transfer of property at 2434 Winthrop Avenue to INHP for $25,000 for affordable housing.
- A loan for the same property with funds revolving back to the DMD Brownfield Program.
- Amendment to maintenance agreement with Indianapolis Marion County Building Authority (increase of $150,000).
- Professional services agreement with Urban Land Institute for Market East District planning (up to $30,000).
- Declaratory resolutions for redevelopment areas including Coal Motor Allocation Area and City Market Redevelopment Area.
- Contract amendments for CAT Consulting ($50,000), Story Board LLC ($15,000), History Concierge LLC ($20,000), and James Holland for hearing examiner services ($2,000).
- Professional services agreements for Marion County Land Use Plan Assessment ($50,000), West Washington Street Corridor economic impact study ($280,000 with $240,000 from Airport Authority), and Regional Center Design Guidelines update ($400,000).
Public Comments & Testimony
- No public comments were made during the public hearing on the rules of procedure or during other agenda items, except for the contested rezoning hearing (see Discussion Items).
Discussion Items
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Rules of Procedure Amendments (Resolution 2022 P016): Shannon (DMD staff) presented a comprehensive update to the MDC, Plat Committee, and Hearing Officer rules of procedure. Key changes included:
- Adherence to Indiana Code and state law regarding time computation (excluding holidays/weekends instead of business/calendar days).
- Allowing electronic filing of applications.
- Adding minimum filing time for Plat Committee.
- Correcting citations to Indy Rezone and state code.
- Removing references to Speedway hearing examiner (no longer under MDC jurisdiction).
- Clarifying complete applications and docketing.
- Updating automatic continuance rules per council advice.
- Allowing recused commissioners to remain in the room (no longer required to leave).
- Notifying city-county counselors of administrative approval of final plans.
- The last comprehensive update was in 2013, with minor changes in 2014, 2017, and 2019. The resolution passed unanimously (8-0) and became effective immediately.
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Continuance Requests:
- Case 2022 ZON 051 and companion 2022 VAR003 (Buck Creek matter, 11811 & 1194 Southeastern and 700 S. Carroll Road): Petitioner Joe Calderon requested continuance to January 18, 2023, due to ongoing negotiations that may require an amendment triggering notice. Staff supported. Unanimously approved (8-0).
- Case 2022 CAP 858 / 2022 CVR 858 (3820 N. Keystone Avenue): Petitioner Calderon requested a two-week continuance to November 16, 2022, as he was recently retained. Staff supported without additional notice. Unanimously approved (8-0).
- Case 2022 CZN 833 / 2022 CVR 833 (2425 W. Michigan Street, Indianapolis Public Transportation Corporation): Petitioner Howard Stevenson requested continuance to December 7, 2022, at the request of Councillor Vop Osley. Staff supported. Unanimously approved (8-0). President Dillon noted a preference for trash cans to be hidden behind buildings.
- Case 2022 ZON 115 (1255 & 1351 Roosevelt Avenue): Staff requested continuance to November 16, 2022, pending receipt and review of commitments. Unanimously approved (8-0).
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Petitions of No Appeals: Five petitions recommended for approval were approved unanimously (8-0):
- 2022 ZON 101 (1067 W. 29th St., Center Twp., Dist. 11)
- 2022 ZON 105 (2340 & 2344 Shelby St., Center Twp., Dist. 21)
- 2022 ZON 107 (11517 E. 38th St., Warren Twp., Dist. 14)
- 2022 ZON 114 (1657 & 1661 N. Arsenal Ave., Center Twp., Dist. 17)
- 2022 CZN 850 (700 N. High School Rd., Wayne Twp., Dist. 15)
- One petition recommended for denial (2022 ZON 077, 3653 Carson Ave., Perry Twp., Dist. 21) was confirmed for denial unanimously (8-0).
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Contested Rezoning Hearing – 2022 ZON 096 (1401 S. Talbot St., approximate, Center Twp., Dist. 16): Petitioner BDD LLC (Marcus Crouch, Surfreek Companies) requested a rezoning from D5 to D8 on a 0.10-acre corner lot (35 ft x 130 ft). The hearing examiner recommended denial; the petitioner appealed. The petitioner argued that the lot only conforms to multi-unit house standards under D5 due to width, and that an exemption allowing single-family construction is contradicted by the use chart. He contended that D8 would allow flexibility and that the neighborhood's existing context (25% multi-family, industrial uses nearby) supports D8. The remonstrators (Old Southside Neighborhood Association, represented by Judith Essex, Melissa Brown, Matt Swickheimer, Heather Gallagher, and Jed Fuller) opposed the rezoning, stating they prefer single-family or duplex development and that the petitioner did not present specific plans. Staff (Kathleen) recommended denial, citing density concerns (duplex would yield 20 units/acre, four units 40 units/acre, exceeding the 5-15 units/acre for traditional neighborhoods), that the lot is on local streets not collector streets (per pattern book), and that the existing D5 zoning allows single-family, duplex, or up to four units via an exemption, though variances might be needed for setbacks. The petitioner rebutted that the exemption does not authorize use, and that the lot does not conform to D5 standards. After deliberation, the commission voted 8-0 to deny the rezoning, upholding the hearing examiner's denial.
Key Outcomes
- Resolution 2022 P016 (Rules of Procedure): Approved 8-0, effective immediately.
- 15 Administrative Resolutions: Approved 8-0 en bloc.
- Continuances: All four continuance requests approved unanimously.
- Petitions of No Appeals: Five approved, one denial confirmed.
- 2022 ZON 096 (rezoning): Denied 8-0, affirming the hearing examiner's recommendation.
- Next Steps: The next meeting is scheduled for November 16, 2022, with several continued cases to be heard.
Meeting Transcript
Ladies and gentlemen, we have a quorum. I'm gonna begin. Welcome to the Metropolitan Development Commission Public Meeting of November 2nd, 2022. Members of the Commission, you have in your packet the minutes from the October 19, 2022 meeting. Are there any additions or deletions to those minutes? Hearing them, I'll accept the motion to approve. So moved. Have a second. Second. All those in favor signify by saying aye. Aye. Any opposed. Moving forward, we have 16 resolutions to be read into the minutes today. Nancy, would you please uh read those in? Thank you, President Dillon. Resolution number 2022 R039 Metropolitan Development Commission authorizes DMD to add time and 23,282 dollars to a contract with STR grants LLC for subscription property portfolio management services for land bank properties. Resolution number 2022 R040. Metropolitan Development Commission authorizes DMD to add $50,000 to a contract with Allied Logistical Services for Property Preservation Services on DMD properties for a mean not to exceed amount of $350,000 through 2024. Resolution number 2022 R041 authorizes DMD to transfer the property at 2434 Winthrop Avenue to INHP for the sum of $25,000 with a plan to develop new owner occupied majority affordable residential housing on the property. Resolution number 2022 R042 authorizes DMD to make a loan for a project at 2434 Winthrop Avenue with proceeds to evolve, revolve back to DMD Brownfield Program. Resolution number 2022 R043 authorizes the Director of DMD to amend agreement with Indianapolis Marion County Building Authority to provide for maintenance and operations of city-owned properties by increasing the compensation by 150,000. Resolution number 2022 R044 authorizes the director of DMD to enter into a professional services agreement with Indiana District Council of the Urban Land Institute to provide for project management for planning and design work encompassing the south southern portion of the Market East District in an amount not to exceed $30,000. Resolution number 2022 E041, a declaratory resolution amending the consolidated redevelopment area and allocation area to designate the coal motor coal motor allocation area therein and adopting a supplement to the consolidated redevelopment area plan in accordance therewith. Resolution number 2022 E042, a declaratory resolution designating a new redevelopment area to be known as the City Market Redevelopment Area, designating the city market north and city market east allocation areas therein and adopting a redevelopment plan in accordance therewith. Resolution number 2022 E043 authorizes the director of D and D to amend the services agreement with CAT Consulting LLC by increasing the compensation by $50,000. Resolution number 2022 E044 authorizes the Director of D to amend the agreement with Story Board LLC for planning engagement and visual communication services by increasing the compensation by $15,000. Resolution number 2022 FS 003 authorizes the director of D D to amend the services agreement with the History Concierry LLC for document retention services by increasing the compensation by $20,000. Resolution number 2022 P016 for public hearing amends the rules of procedure of the Metropolitan Development Commission of the Marion County Indiana and its committees. This amendment makes corrections and adds text to the rules of procedure for the Metropolitan Development Commission, Plat Committee and Hearing Officer. Resolution number 2022 P017 authorizes the director of D to a professional services agreement with Taylor Cipher Williams Design Group, LLC, to provide a Marion County Land Use Plan Assessment Report in the amount not to exceed 50,000. Resolution number 2022 P018 authorizes the director of D to accept funds from the Indianapolis Airport Authority on behalf of the Commission in an amount not to exceed 240,000. And to use those funds to enter into a professional service agreement with MKSK Incorporated to provide an economic impact study of the West Washington Street Corridor in an amount not to exceed 280,000. Resolution number 2022 P 019 authorizes the director of DD to enter into a professional services agreement with town planning and urban design collaborative LLC to provide an assessment and update to the Regional Center Design Guidelines in an amount not to exceed 400,000. Resolution number 2022 P020 authorizes the director of DMD to amend the agreement with James Holland for hearing examiner services by increasing the compensation by $2,000. This ends the reading of the resolution. Thank you, Madam Secretary. We have 16 resolutions, one standing for public hearing. I'm going to take the public hearing first. Resolution number 2022 P016, which amends the rules of procedures of the Metropolitan Development Commission of Marion County, Indiana, and its committees. This amendment makes corrections and adds text to the rules of procedure for the Metropolitan Development Commission, Platte Committee, and Hearing Officer. Shannon, would you please give us some remarks on this long drawn-out process. Thank you, President Dillon and members of the Commission. Yes, we have been conducting a comprehensive review and amendment of the rules of procedure for a couple years now. Thank you to the commission, to legal counsel, and to staff for reviewing the documents for again the MDC plaque committee and hearing officer. Just an overview. First of all, we wanted to adhere to the Indiana Code and State Law to also sync up our rules of procedure across the board, across our committees. And we also wanted to clarify some of the rules, removing any ambiguity by adding language or correcting language here. And remember that the amendments to the rules of procedure only go to the MDC for approval, but they have been shared, as I said, with the various committees and with council and have been available for review by the public. The basic revisions include things like correcting typos. They include going through and changing the format of the document.
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