Metropolitan Development Commission Meeting Summary - February 7, 2024

The Metropolitan Development Commission of Marion County convened on Wednesday, February 7, 2024, at 1:00 PM in the Public Assembly Room of the City-County Building. The meeting covered downtown placemaking contracts, economic development area expansions, tax abatements, and decisions on two contested zoning appeals, including a denial of a food truck rezoning and approval of a Habitat for Humanity subdivision.

Consent Calendar

• Meeting Minutes: Approved the minutes from the January 17, 2024 meeting.
• Policy Resolutions (8 items): The commission voted 7-0 to approve a block of items without public hearing:
  • 2024-R-002: Downtown Indy Inc placemaking agreement amendment for Georgia St. and Monument Circle (additional $300,000, total cap $1,000,000).
  • 2024-R-003: Indianapolis Cultural Trail, Inc. placemaking agreement amendment for Lugar Plaza, Downtown Canal, and Georgia St. (additional $200,000, total cap $1,475,000).
  • 2024-E-005: Declaratory Resolution to create the Allison Pointe Economic Development Area and Allocation Area (Council District 3, Washington Township).
  • 2024-E-008: Extension of the maturity date of a loan to the Indianapolis Housing Agency through December 31, 2025.
  • 2024-E-009: Legal services contract with Taft Stettinius & Hollister, LLP for the acquisition of the John Marshall School (not to exceed $40,000).
  • 2024-E-010: CMT contract amendment for the 10th and Rural infrastructure project (not to exceed $2,738,094.25) and authorization to use excess TIF revenue.
  • 2024-A-007: Preliminary Economic Revitalization Area Resolution for Calumet Specialty Products Partners, L.P. (4 years personal property tax abatement).
  • 2024-P-003: Appointment of Anne-Marie Taylor as backup Hearing Examiner for 2024 ($5,000).
• Zoning Petitions of No Appeal (3 items): Approved without public testimony:
  • 2023-MOD-021 (10 S. Mickley Ave): Modification of commitments to allow a gas station.
  • 2023-ZON-120 (9501 36th Place): Rezoning by Indianapolis Public Schools for a non-profit center.
  • 2023-CZN-867 (2233 Dr. Martin Luther King Jr. St): Rezoning for an existing two-family dwelling.
• Continuances: The E Solutions, LLC and Edwards Electrical & Mechanical real and personal property tax abatement requests (2024-A-001 and 2024-A-002) were continued to the March 6, 2024 meeting. A scrivener's error in the Calumet resolution packet was corrected to reflect the final hearing date of April 17, 2024.

Public Comments & Testimony

Public Hearings on Policy Items

• 2024-E-006 (Brookville Road/Irvington Plaza EDA Expansion): Emily Scott of DMD presented the confirmatory resolution, stating staff support for the expansion to include additional industrial sites to generate positive TIF increment for infrastructure investment. No remonstrators spoke.
• 2024-P-002 (Chapel Hill Park Master Plan): Carmen Lethig of DMD presented the comprehensive plan amendment, stating staff support to allow the construction of new park amenities per the plan. No remonstrators spoke.

Contested Zoning Appeal: 2023-ZON-116 (2002 N. Tibbs Ave)

• Petitioner Hugo Rubin de Celis: Appealed the hearing examiner's denial of a rezoning from D-5 to C-3 to operate a lot for 8-10 food trucks. He stated he surveyed neighbors who were receptive and submitted a petition in support. Upon questioning by Commissioner Murphy, he proposed hours of 6 AM to 10 PM Monday through Thursday and 6 AM to midnight Friday and Saturday. He argued the development would improve safety through lighting and cameras.
• Staff: Recommended denial, stating the C-3 commercial district would be an "undue intrusion into a long-established residential area," negatively impacting quality of life with increased traffic, noise, and lighting demands. Staff noted the lack of a plan of operation.

Contested Zoning Appeal: Habitat for Humanity (3838 E. 46th St)

A set of companion petitions from Habitat for Humanity of Greater Indianapolis for the "Devon Creek" subdivision, rezoning 4.22 acres from SU-1 to D-5, a variance for a stream corridor access drive, and a subdivision plat.

• Petitioners Chris Barnett and CEO Jim Morris: Presented the project, highlighting Habitat's 37-year history of providing affordable homeownership (833 homes built, zero-interest mortgages). They argued the development is consistent with the Millersville-Fall Creek Village and Corridor Plan (3.5-5 units per acre proposed as 3 units per acre), and committed to restrictions against multi-family, brick facades, and landscaping requested by Councilor Gibson. They noted the current SU-1 zoning allowed a large religious building (512 seats, 128 parking spaces) which was never built.
• Remonstrator Russ Sipes and Traffic Engineer Brad Yarger: Representing neighbor Michael Chenoweth, they argued the D-5 district is inappropriate for this suburban area and would endanger residents. Mr. Yarger presented speed data showing 46th Street has a 45 mph limit but an 85th percentile speed of 56 mph, with vehicles clocked over 70 mph. He cited a pedestrian fatality in April 2023 on the same street and a lack of pedestrian facilities, making the area unwalkable.
• Staff: Recommended approval. Staff stated the project meets the density recommendations of the area plan, the D-5 design objectives, and could act as a traffic calming measure on 46th Street. Staff supported the right-of-way vacation and sidewalk waiver due to topography constraints.

Discussion Items

• E-Solutions Abatement Continuance: Staff requested the real and personal property tax abatements for Edwards Electrical & Mechanical and E Solutions be continued as the company was not prepared to present to the committee. The commission voted 7-0 to continue the items to March 6, 2024.
• Habitat for Humanity Board Deliberation: Commissioner Murphy recused herself from the vote on the subdivision plat (2023-CPL-859). The remaining commissioners discussed the commitments and conditions provided by the petitioner before voting.

Key Outcomes

• Approved: Brookville Road/Irvington Plaza EDA Expansion (7-0).
• Approved: Chapel Hill Park Master Plan amendment (7-0).
• Approved: 8 policy resolutions, 3 no-appeal zoning petitions, and meeting minutes on consent calendar.
• Denied: 2023-ZON-116 (Tibbs Avenue food truck rezoning) – 7-0 vote.
• Approved: Habitat for Humanity Devon Creek Subdivision:
  • Rezoning (2023-CZN-859): Approved 7-0.
  • Variance of Development Standards (2023-CVR-859): Approved 6-1.
  • Subdivision Plat (2023-CPL-859): Approved 6-0-1 (Commissioner Murphy recused).
• Continued: E-Solutions tax abatements to March 6, 2024.