Metropolitan Development Commission Public Meeting - October 18, 2023

The Metropolitan Development Commission (MDC) held a public meeting on October 18, 2023, at 6:00 PM. The meeting covered administrative approvals, one resolution, several continuances/withdrawals, and three public hearings. Key actions included approval of a resolution for IMPD facilities, denial of a commitment extension for a gas station, approval of a Dollar General rezoning, and denial of a food pantry rezoning.

Consent Calendar

• Minutes Approval: The minutes from the October 4, 2023 meeting were approved unanimously by voice vote.
• Resolution 2023 R033: Authorized the Department of Metropolitan Development to enter into agreements with the Indianapolis Metropolitan Police Department for K-9 and horse patrol facilities on the grounds of the former Central State Hospital. Staff noted the land is owned by DMD and this formalizes the arrangement. Vote: 8-0 (Commissioner Dillon also voted yes). Passed.
• Continuance – 2023 ZON 078: Petitioner Rebecca Phillips requested a continuance to November 15, 2023 for the property at 4021 West 71st Street, because the petitioner is purchasing the property and closing on October 27th. The hearing examiner had recommended approval with no appeal. Staff had no objection. Vote: 7-0 (Commissioner Murphy recused). Approved.
• Withdrawals – 2023 CZN and CBR 814: Staff announced that the “CornerStorm” project petitions (mixed-use at 86th Street west of I-465) have been withdrawn. The petitions are removed from the docket.
• Petitions of No Appeal: Six petitions were read and taken together for approval: 2023 ZON084, 2023 CZN839, 2023 CAP850, 2023 CZN851, 2023 REG064, and 2023 REG070. All were approved by a vote of 8-0.

Public Comments & Testimony

• Pat Andrews (Decatur Township Civic Council) testified on multiple petitions:
  • For the Kentucky Avenue gas station (2023 MOD 009), she opposed the extension, detailing a 21-year history of non-compliance with commitments. She stated the community will have to restart enforcement if the extension is granted.
  • For the Dollar General proposal (2023 ZON 073), she opposed unless the petitioner agrees to connect to IMPD’s B-link security system, citing safety concerns and a national pattern of crime at Dollar General stores.
• Bruce Meadows (neighbor at 4365 Kentucky Avenue) described hardships from the lack of water line extension, including his wife's paralysis and two summers with a dry well. He asked the commission to deny the extension.
• Denise Casarati (2933 Mertz Drive) opposed the food pantry rezoning (2023 ZON 083), citing narrow streets, inadequate lighting, parking spillover, traffic, safety, and property value concerns. She presented a petition with over 100 signatures against the project.
• Diana Craig (2943 Mertz Drive) questioned the commitment language about equal opportunity housing and expressed fear of homeless individuals living on site. Staff clarified there is no housing component.
• Regina Wilson (2954 South Parker) spoke about the neighborhood’s historic family character and stated the petitioner told her he had “nowhere else to move.” She urged denial.

Discussion Items

• Resolution 2023 R033: Staff explained the formal action to give IMPD land for horse and canine patrols at Central State. No public hearing was held; it was introduced and passed.
• 2023 MOD 009 Amended – Extension Request (4375 Kentucky Avenue):
  • Petitioner Garrett Lawton (McNeely Law) represented owner Mike Badisha (Five Star Oil Inc.). He explained the request to extend the deadline for completing all commitments from September 2023 to March 31, 2024, citing a larger-than-expected water line project ($250,000–$450,000 budget), engineering delays, and a change in representation. He provided exhibits showing signed engineering contracts, purchased shoebox lights, landscaping progress, and permit filings for an unpermitted structure.
  • Remonstrator Pat Andrews presented a detailed timeline of non-compliance since 2002, including past code enforcement citations, an agreed judgment in court (Nov 2022), and minimal progress until court involvement. She argued that granting the extension would “start the clock over” for community enforcement.
  • Staff recommended approval, stating that denial would “kick the can down the road” and the court’s involvement (compliance hearing scheduled December) provided assurance. Commissioners questioned the efficacy of an extension; staff could not answer what happens if the extension is denied (case in court).
  • Petitioner rebuttal: argued that the client purchased the property in 2013, did not build the original structures, and has since spent $40,000 on engineering. He stated all five open commitments (water line, landscape, permit for building addition, shielded lights, amended site plan) are achievable by March 2024.
  • Remonstrator rebuttal: argued the only movement has been under court supervision; the fine was only $125; the neighborhood has waited 11 years.
  • Vote: 3 yes, 5 no. Denied.
• 2023 ZON 073 – Rezoning to C3 (8300 Camby Road):
  • Petitioner Misha Rabinowich (representing Second Circle Investments LLC, developer for Dollar General) presented plans for a 1.5-acre Dollar General store on a 2.67-acre site. Thirteen commitments were agreed with the Decatur Township Civic Council, including restrictions on uses, lighting, fencing, signage, and a fire access easement. The only remaining dispute was the B-link system; Dollar General refused due to privacy and national system concerns.
  • Remonstrator Pat Andrews opposed without B-link, presenting data on robberies, killings, and OSHA violations at Dollar General stores nationally. She argued the B-link system (cost: $20/month per camera) would improve safety for a store near the county’s edge with long police response times.
  • Staff recommended approval, noting consistency with the comprehensive plan. Commissioners asked about B-link; staff and Matt (from DMD) thought it would be beneficial but is voluntary.
  • Petitioner rebuttal: developer Joe Leonard stated Dollar General will not agree to B-link, but they have met all other neighborhood requests. The president of MDC expressed disappointment, saying they “will be following up on commitments.”
  • Vote: 5 yes, 3 no. Approved.
• 2023 ZON 083 – Rezoning to SU7 (2991 East Troy Avenue):
  • Petitioner Greg Ilko (Crossroad Engineers) represented Servants Heart of Indy, a food pantry ministry. He described operations: two distribution days per week (Thursday 6:30-9 PM, Saturday 9 AM-2 PM), serving 60-150 families per day, 10-20 volunteers, no meal preparation, no housing. The site is adjacent to a church (owner), and 2.3 acres would be rezoned. Commitments include a tree preservation plan and an operational plan.
  • Remonstrators Denise Casarati, Diana Craig, and Regina Wilson opposed, citing narrow streets (Mertz Drive), lack of lighting, traffic congestion, safety concerns, property value loss, and the impact on a multigenerational family neighborhood. They noted other food pantries exist within a mile and the church is selling the land only if rezoned.
  • Staff recommended approval, noting the use is compatible with the comprehensive plan and that the church could have operated the food pantry itself as a permitted use. Staff clarified that Mertz Drive is public right-of-way and meets width requirements; no traffic study was required.
  • Petitioner rebuttal: clarified classrooms are only for volunteer training, no housing, and the site will have lighting. They could not move the entrance to Troy Avenue because of church improvements.
  • Vote: 1 yes, 6 no. Denied.

Key Outcomes

• Resolution 2023 R033: Approved (8-0).
• Continuance 2023 ZON 078: Approved (7-0) to November 15, 2023.
• Petitions of No Appeal: All six approved (8-0).
• 2023 MOD 009 (Kentucky Avenue extension): Denied (3-5). The property remains in court jurisdiction with compliance hearing in December.
• 2023 ZON 073 (Dollar General rezoning): Approved (5-3) subject to the previously agreed commitments (including fence, lighting, emergency access, sign restrictions). B-link system was not required.
• 2023 ZON 083 (Servants Heart food pantry): Denied (1-6). The zoning remains D5; the proposal does not move forward.

The meeting adjourned after the final vote.