Metropolitan Development Commission Meeting - March 6, 2024

The Metropolitan Development Commission held a public meeting on March 6, 2024, to consider tax abatement resolutions, zoning appeals, a flood control ordinance amendment, and a Butler University rezoning and variance request. The meeting began with approval of consent items and included multiple public hearings and votes throughout the session.

Consent Calendar

• Unanimously approved the minutes from the February 21 meeting.
• Approved six policy resolutions (2024 A001, A002, A012–A015) for tax abatements on a 7–0 vote. These included preliminary and final economic revitalization area resolutions for e-solutions LLC, Edwards Electrical and Mechanical Incorporated, Republic Polymers 2 LLC, and Blue Polymers LLC.

Public Comments & Testimony

• Republic Polymers and Blue Polymers Tax Abatements (Resolutions A012–A015):

  • Thomas Lorenz (leader of Northwest Perry Neighborhood Association) and Ann Schott testified in opposition. Lorenz argued that the company had not fulfilled promises made during the rezoning process (e.g., improvements to Bluff Park, road repairs) and that the tax abatement would not benefit the neighborhood. He noted that the area lacks adequate infrastructure, such as sidewalks and public transit. Schott added that the company’s failure to meet the tax abatement application deadline suggested the project could proceed without the incentive.
  • Jake German (attorney for Republic Services and Blue Polymers) and Ginger Richardson (senior public affairs manager) spoke in favor, committing to continue discussions with the neighborhood and to be good partners. Commissioner Dillon urged good faith efforts to address neighbor concerns.

• Butler University Rezoning and Variance (Resolutions CZN 801 and CVR 801):

  • Petitioners Brian Towey and Michael Lofton presented plans to rezone 0.32 acres at 526 Blue Ridge Road from D5 to UQ2 to build a new university president’s residence. They cited a $4–6 million donor-funded project, a four-million-dollar gift, and the need for variances (10-foot rear setback vs. required 20-foot, and front entrance facing Sunset Avenue).
  • Remonstrators Peter Berger, Evelyn Ridley Turner, John Richard Turner, and Kevin Sindelar opposed the rezoning. They argued the existing D5 zoning already permits a residence, the proposed house is out of scale with the neighborhood, and UQ2 could allow future uses without neighbor notification. Berger noted the house is 93 years old and that variances would enable demolition.
  • Staff (Marlene) recommended approval, stating that UQ2 limits uses to D5 and aligns with the comprehensive plan’s institution-oriented mixed-use designation.

Discussion Items

• Continuance Request for 2023 APP 30 (Haven Health Management): Attorney Murray Clark requested a 60–90 day continuance to May 1, 2024, pending a new rezoning case to resolve a zoning dispute. Staff preferred dismissal, but the commission approved the continuance on a 6–2 vote (Commissioner Schumacher voted no).
• Three Zoning Petition Continuances (CZN 858, 868, 803): Staff requested continuances to March 20, 2024, for finalization of commitments. All three were approved 7–0.
• Flood Control Ordinance Amendment (2024 A001): Planner Shannon Norman presented amendments to Chapter 742-203 to comply with FEMA requirements for the National Flood Insurance Program. The ordinance was approved 7–0.

Key Outcomes

• Tax Abatements for Republic Polymers and Blue Polymers (A012–A015): All four resolutions were approved 6–1 (Commissioner James voted no). Each granted a 10-year tax abatement (real and personal property) for facilities at 1002 and 1010 West Hannah Avenue.
• Continuance for Haven Health Management Appeal: Approved to May 1, 2024, by a 6–2 vote.
• Zoning Continuances: Three petitions continued to March 20, 2024, all 7–0.
• Petitions of No Appeal: Two items approved 7–0.
• Flood Control Ordinance: Passed 7–0.
• Butler University Rezoning (CZN 801): Approved 5–2 (Commissioners Garver and Blackburn dissenting).
• Butler University Variance (CVR 801): Approved 7–0.

Commissioner Dillon noted that the new president’s house is a significant investment that will likely increase property values.