Metropolitan Development Commission Public Meeting - April 5, 2023

The Metropolitan Development Commission (MDC) held a public meeting on April 5, 2023, beginning at approximately 6:00 PM. The agenda included approval of previous minutes, several real estate resolutions, public comments, continuances, petitions of no appeal, and three public hearings on zoning and variance requests. Key votes included unanimous approval of a property transfer for affordable housing, denial of a modification of commitments for a Rockville Road property, approval of a variance with conditions on East 64th Street, and an 8-0 vote to overturn a parking variance for the Switchboard expansion on Shelby Street.

Consent Calendar

• Minutes: The minutes from the March 15, 2023 meeting were approved unanimously.
• Real Estate Resolutions: Three resolutions were approved 8-0: 2023 R009 (transfer of 2434 Winthrop Avenue for new owner-occupied affordable housing with up to 7 years tax abatement), 2023 C002 (Mount Carmel amendment), and an unnamed third resolution.
• Continuances: Two cases were continued to April 19, 2023: 2023 CZN 802 (2555 Shelby Avenue) pending receipt of commitments, and 2022 ZON 133 (9425 East 30th Street) due to commitments not received.
• Petitions of No Appeal – Approved: Seven petitions were approved unanimously (six 8-0, one 7-0 with a recusal): 2022 MOD 021 (3125 North German Church Road), 2023 MOD 002 (2060 East Street), 2023 MOD 004 (10447 Leeward Boulevard), 2023 ZON 003 (758 North Concord Street), 2023 ZON 008 (1717 East New York Street), 2022 CZN 871 (4901 West 56th Street), and 2023 CZN 801 (1670 East 80th Street).
• Petition of No Appeal – Denied: 2023 ZON 001 (5970 Southeastern Avenue) was recommended for denial because an appeal was filed late; the commission upheld the denial 7-1.

Public Comments & Testimony

• Pastor Willie Sparks (President, Reagan Public Neighborhood Association) expressed concerns about the Colonial Bakery townhouses project, stating that the process moved quickly and residents received late notice (letter dated March 24, received March 28). He requested a neighborhood Q&A session. Commission President assured him that the zoning vote would occur on April 19 and that staff (Matt Pleasant) would work with him.

Discussion Items

• 2023 MOD 001 – 6340 Rockville Road: Petitioner Shiloh Holdings LLC requested removal of commitments from lots 5 and 6, claiming a scrivener’s error from a 2004 rezoning. The petitioner argued that the commitments were intended only for lot 9 (rezoned to CS) and that lots 5 and 6 remain C4. Remonstrator Karen Farmer (President, Rockville Road High School Road Neighborhood Association) opposed, stating the 2004 rezoning included all parcels and that commitments were negotiated to protect the neighborhood. Councilor Jared Evans (District 22) also opposed, noting willingness to negotiate future commitments. Staff took no position. The petition was defeated 8-0.
• 2023 CDR 800 B – 834 East 64th Street: Petitioner requested a variance to legally establish parking at an existing mixed-use property. Staff and petitioner reached an agreement: remove gravel parking, reduce driveway width to 16 feet, sod and landscape front yard, obtain permits, and install a sidewalk. No remonstrators appeared. The variance was approved 8-0.
• 2023 DV 201 – 801 Shelby Street (Switchboard Expansion): This was an appeal of a BZA-granted parking variance for a co-working space. The petitioner argued the variance was needed to reuse a historic church building as office space, noting transit proximity, bike parking, and a parking agreement with Calvary Church (20 spaces). Remonstrators (including Anson Keller, Councilor Kristen Jones, Representative Blake Johnson, and Fountain Square Neighborhood Association) opposed citing a 70% parking deficit, public safety concerns, and lack of neighborhood collaboration. Staff recommended approval. After testimony, the commission voted 8-0 to overturn the variance (requiring 6 votes).

Key Outcomes

• Minutes and Real Estate Resolutions: Approved unanimously.
• Continuances: Granted to April 19, 2023.
• No Appeal Petitions: Seven approved (six 8-0, one 7-0 with recusal); one recommended for denial upheld 7-1.
• 2023 MOD 001 (Rockville Road): Denied 8-0; commitments remain in place.
• 2023 CDR 800 B (64th Street): Approved 8-0 with conditions.
• 2023 DV 201 (Shelby Street): Overturned 8-0; parking variance denied; parties urged to continue negotiations.
• Adjournment: The meeting adjourned after the final vote.