Metropolitan Development Commission Meeting – November 1, 2023

The Metropolitan Development Commission of Indianapolis-Marion County met on Wednesday, November 1, 2023, at 1:00 PM in the Public Assembly Room of the City-County Building. The meeting included adoption of minutes, a bid opening, consideration of ten resolutions (including three public hearings), a plat appeal, a variance appeal, and two zoning appeals. Key votes included approval of a new professional sports development area for the Indy Eleven stadium, termination of a FedEx tax abatement with repayment of $223,563.94, and a $1.25 million grant for homeless support services.

Consent Calendar

• Minutes: Approved as submitted from October 18, 2023.
• Bid Opening: Sealed bids received for RFP-13DMD-2023-6 (The Drake Apartments) from Our Door Housing Corporation, Near North Side Development, and Flannery and Collins Properties. Bids will be reviewed by staff.
• Resolutions (approved en bloc):
  • 2023-R-034: Authorized a technology contract with Tolemi (OpportunitySpace) for land bank operations, initial cost $98,600, with optional three-year extension at $95,000/year. (Passed 9-0.)
  • 2023-R-035: Authorized a stewardship agreement with ROKH LLC for Old Fire Station 18 at Central State campus, including community engagement for adaptive reuse. (Passed 9-0.)
  • 2023-E-042: Authorized reimbursement of $9,240,000 from allocation areas for DPW capital improvements. (Passed 9-0.)
  • 2023-E-043: Authorized reimbursement of $25,867,450 from allocation areas for economic development infrastructure. (Passed 9-0.)
  • 2023-E-044: Declaratory resolution creating an Additional Professional Sports Development Area (PSDA) for the Indy Eleven stadium project (“Eleven Park”), covering up to $9.5 million/year in state revenue for 32 years. The plan includes a multipurpose stadium, approximately 600 apartments, 205,000 sq ft office, 197,000 sq ft retail, hotel, and public plazas. Commissioner Schumacher recused himself; passed 8-0-1.
  • 2023-C-010: Authorized grant of up to $1,250,000 from the Indianapolis Housing Trust Fund to the Indianapolis Foundation’s Housing to Recovery Fund for homelessness support services. (Passed 9-0.)
  • 2023-FS-002: Increased professional services agreement with Resultant, LLC by $1,000 (new total $81,000) for leadership development. (Passed 9-0.)

Public Comments & Testimony

2023-A-036 – FedEx Supply Chain Tax Abatement Termination Ryan Hunt (DMD staff) explained that FedEx Supply Chain, Inc. ceased operations at 5425 Exploration Drive, triggering termination of a 5-year personal property tax abatement. The company agreed to repay $223,563.94 in tax savings received. No public comments or commissioner questions. The resolution passed 9-0.

2023-A-037 – MiraVista Diagnostics/Mirabella Technologies Amendment and Waiver Ryan Hunt stated that the applicant missed the 2023 deduction filing deadline and was behind on job creation commitments. The resolution waives the filing deadline and amends the MOA: reduces job creation from 22 to 16 new positions (at $32.58/hr), increases retained positions from 53 to 63 (at $41.97/hr), and extends the deadline to December 31, 2026. No public comments. Passed 9-0.

2023-A-038 – OnPoint Fort Ben, LLC Final ERA Resolution Ryan Hunt introduced the 5-year real property tax abatement for redevelopment of the historic PX building at Fort Benjamin Harrison. Dan Connors (Meyer Najem) confirmed interior work to be completed by January 2024. The project will retain 21 jobs (avg $44/hr) and create 11 new jobs ($35/hr). No public comments. Passed 9-0.

2023-PLT-064 – Irvington Plaza Plat Appeal

• Petitioner (Joe Calderon, Talon Capital): Sought approval of a subdivision plat dividing 15.75 acres into six lots and one block at 6243 East Washington Street. The plat was approved by the Plat Committee on October 11, 2023, but appealed by the Historic Irvington Community Council. Petitioner argued the plat meets subdivision standards and agreed to commitments restricting uses (e.g., no drive-throughs on frontage).
• Remonstrator (Sue Beecher, HICC President): Initially opposed due to lack of a master plan and fear of suburban strip mall development. After negotiations, HICC supported the plat subject to agreed commitments. Over 200 residents attended a community meeting; 51% of 2,000 survey respondents supported housing on the site.
• Remonstrator (Blade Houth, architect): Argued the plat failed to show all existing buildings and lacked dedicated parking easements for Lots 2 and 6, creating potential zoning noncompliance. He urged denial.
• Staff (Matt Pleasant): Recommended approval of the plat (dated October 31, 2023) as meeting subdivision ordinance requirements. Parking compliance is not a plat requirement and will be addressed at the improvement location permit stage.
• Vote: Approved 9-0 subject to 10 standard conditions.

2023-VAR-001 – Maninder Singh Variance (2802 South Holt Road)

• Petitioner (Amar Preeth): Requested six variances to operate an auto body repair shop, including a 6-ft chain-link fence, outdoor storage (72-hour limit), temporary portable storage (until building is built), reduced setbacks, and zero transitional yards. After staff collaboration, an amended site plan was filed September 30, 2023.
• Staff: Recommended approval of all six variances with conditions: variances A, C, D void after two years or upon construction of a freestanding building; outdoor storage limited to 72 hours; building to have reduced setbacks from Farnsworth Street and Holt Road, and zero south/west transitional yards.
• Public Comment: No remonstrators.
• Vote: Passed 8-1 (Commissioner Blackburn voted no).

2023-CZN-830 / 2023-CVR-830 – Martin Petroleum Rezoning and Variance (201 West 38th Street)

• Petitioner (Alan Townsend): Represented Martin Petroleum (owned by Sarbjeet Singh). Requested rezoning of 0.44 acre from D-5 and C-4 to C-4 (staff recommended approval) and a variance of use and development standards to build a 3,200-sq-ft convenience store on a D-5 lot (south of existing station) with a zero-foot south transitional yard. The project also includes replacing underground tanks, new canopy, landscaping, and enhanced security (off-duty IMPD officer, no-trespass agreement, B-link). Six nearby property owners and the Crown Hill Neighborhood Association (Denita Hoskin) wrote letters of support.
• Staff (Kristen?): Recommended approval of rezoning but denial of the variance, stating the commercial encroachment into a residential district is inappropriate and the site should instead be used for housing to increase stock. Noted lack of written commitments from petitioner.
• Crown Hill Representative (Denita Hoskin): Stated strong support for the revitalization of the 38th Street corridor; the association’s letter confirmed support.
• Commission Discussion: Commissioner Murphy asked about lot width (40 ft) and building dimensions (32 x 100 ft). Commissioner Robinson emphasized security improvements and the need for cooperation with IMPD.
• Vote: Rezoning and variance approved 7-1 (one no vote noted).

Discussion Items

Special Requests

• Continuance – 2023-ZON-088 (Our Lady of Peace Cemetery): Continued to November 15, 2023 pending receipt of executed commitments. Passed 9-0.
• Move to No Appeals – 2023-ZON-091 (Callaway Group, Zionsville Road): Petitioner Bob Samuels agreed to dedicate a 63-ft half right-of-way along Zionsville Road to allow rezoning from SU-39 to I-4 (heavy industrial). Staff confirmed commitments received. Moved to the consent (no appeals) docket. Passed 9-0.

Key Outcomes

• Resolutions (R034, R035, E042, E043, E044, C010, FS002): All approved – E044 with one recusal, others 9-0.
• FedEx Tax Abatement Termination (A036): Approved 9-0; $223,563.94 repayment required within 60 days.
• MiraVista/Mirabella Amendments (A037): Approved 9-0; job creation target reduced, deadline extended to 2026.
• OnPoint Fort Ben Tax Abatement (A038): Approved 9-0; 5-year real property abatement with phased schedule (75% to 35%).
• Irvington Plaza Plat (PLT-064): Approved 9-0 subject to conditions and commitments with HICC.
• Singh Variance (VAR-001): Approved 8-1 with conditions.
• Martin Petroleum Rezoning & Variance (CZN-830/CVR-830): Approved 7-1.

Next Steps: Staff will review bids for The Drake Apartments. The commission will meet next on November 15, 2023, to consider the continued cemetery petition.