Metropolitan Development Commission Meeting – August 2, 2023

The Metropolitan Development Commission met on August 2, 2023, at 6:00 PM to consider resolutions, continuances, petitions, and public hearings. Key agenda items included approval of six administrative resolutions, several continuance requests, a contested rezoning for a plastics recycling facility, a tied vote on a vehicle sales rezoning, and approval of a senior living facility. The meeting involved extensive public testimony, commissioner debate, and last-minute commitments to address neighborhood concerns.

Consent Calendar

• Minutes of July 19, 2023: Approved with a vote of 8–0. Commissioners Garver and Robinson recused themselves.
• Six Resolutions (2023 R030, R032, A030): Passed as a group 8–0, except Resolution 2023 A30 (real property tax abatement) which passed 7–1, with Commissioner Moriarity voting no.
• Continuances:
  • 2023 CZN 823 and CVC 823 (Van Buren Street) continued to September 20, 2023, on petitioner's request without notice; approved 8–0.
  • 2023 ZON 050 (McFarland Boulevard) granted a one-day notice waiver due to a 22-day notice (instead of required 23 days) after staff support; approved 8–0.
  • 2023 ZON 026 (Brookville Road) and 2023 CAP 822 (Nolan Avenue and Windsor Street) continued to August 16, 2023, pending receipt of commitments; each approved 8–0.
• Petitions of No Appeal (2023 MOD 012, ZON 031, ZON 047, CZN 876): Approved as a group 8–0.

Public Comments & Testimony

• Rezoning for Plastics Recycling Facility (2023 ZON 025, VAR 002): Multiple remonstrators spoke in opposition:
  • Tom Lorenz (Northwest Perry Neighborhood Association) stated the neighborhood voted overwhelmingly to oppose the petition. He cited concerns about noise, air quality, plastic dust, fire risk, and the petitioner's refusal to put verbal promises into writing. He argued that an I3 (heavy industrial) use is inappropriate near homes, a church, and a park.
  • Vicky Winning (area resident) presented a petition with signatures from neighbors. She highlighted fire incidents at similar facilities (citing Richmond, Indiana and New Palestine), noise levels (reported 90 dBA at a similar Brazil plant), and diesel emissions. She noted the company's low Better Business Bureau rating and environmental violations.
  • Pat Andrews (Marion County Alliance of Neighborhood Associations – MCANNA) emphasized that the upzoning would put pressure on a " ​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​" and that the absence of written commitments left neighbors vulnerable.
• Other Petitions: No public testimony was given for the assessment of benefits hearing (CVC 829), the Lafayette Road vehicle sales (ZON 053), or the senior living facility (ZON 050).

Discussion Items

• Plastics Recycling Facility (2023 ZON 025/VAR 002):

  • Petitioner Brian Tewey (counsel for Loth Group and Republic Services) presented a $110 million, 286,000-square-foot indoor plastics recycling facility on 23 acres at 1002 West Hannah Avenue. The site is zoned I2 and surrounded by industrial uses and railroad lines. Tewey highlighted commitments: redirecting truck traffic to the west, installing two 10-foot sound walls, using electric yard dogs, quieter backup alarms, and enhanced landscaping. A sound study showed existing ambient noise exceeds expected operations. Staff recommended approval, noting the site's industrial context and the buffer provided by railroad right-of-way.
  • Remonstrators argued that promised measures (e.g., 12-inch grinder room walls, closed loading dock doors, truck idling limits, air quality testing, no melting of plastic) were not put into written commitments.
  • During rebuttal, President Dillon asked the petitioner to agree to semi-annual air quality testing; Tewey accepted. Additional commitments were made: an 8- to 12-inch concrete wall around the grinder, office space on the north side of the north building, and electric forklifts.
  • The petition was approved 8–0, subject to all agreed commitments.

• Vehicle Sales Rezoning (2023 ZON 053): Petitioner Don Fisher sought to rezone 0.762 acres at 1200 Lafayette Road from C4 to C5 to allow car sales. He argued the area is auto-centric, with 13 sales lots and many repair shops. The owners agreed to exclude additional C5 uses and to keep sales in the front portion. Staff recommended denial, citing the comprehensive plan (community commercial) and concerns about outdoor display near residences. After debate, the vote was tied 4–4, resulting in a continuation to September 6, 2023.

• Senior Living Facility (2023 ZON 050): Petitioner Joe Calder presented a DP rezoning for 6.43 acres at 7525 McFarland Boulevard. The project is a 135-unit senior independent living facility (one building, three stories) on excess land from Southport Presbyterian Church. The project eliminated a previously contentious traditional multifamily component. Staff supported the rezoning as consistent with the comprehensive plan and current Emerson Avenue improvements. Councilor Dilk supported it. The petition was approved 8–0.

Key Outcomes

• Six resolutions approved; one tax abatement passed 7–1.
• All requested continuances were granted.
• The plastics recycling facility (2023 ZON 025/VAR 002) was approved 8–0 with added commitments (air quality testing, reinforced grinder room, office placement, electric forklifts).
• The vehicle sales rezoning (2023 ZON 053) ended in a 4–4 tie and was continued to September 6, 2023.
• The senior living facility (2023 ZON 050) was approved 8–0.
• Negative findings of fact for a variance denied on July 19, 2023 (2022 CVR 862) were acknowledged for signature.