Indianapolis Metropolitan Development Commission Meeting - March 20, 2024

The Metropolitan Development Commission (MDC) of Marion County, Indiana, met on March 20, 2024, at 1:00 PM in the Public Assembly Room of the City-County Building. The Commission considered routine approvals, tax abatements, and multiple zoning petitions, including public hearings on a proposed girls' STEM school, a used car sales variance, and a mental health treatment facility expansion. All votes were 6-0 unless otherwise noted.

Consent Calendar

• Approved the minutes of the March 6, 2024 meeting (Commissioner Robinson recused).
• Approved Resolution 2024-R-007, authorizing a contract with Green Earth Lawn Services, Inc. for mowing services on DMD-owned properties through 2025, not to exceed $400,000.
• Approved Resolution 2024-C-001, authorizing a consulting services contract with Shrewsberry & Associates LLC, not to exceed $255,000.

Tax Abatement Resolutions

• 2024-A-010 (Real Property Tax Abatement): Approved as amended to expand the leasable square footage from 82,744 to 86,000 square feet to include a proposed mezzanine. The five-year abatement for E Solutions, LLC and Edwards Electrical & Mechanical, Inc. at 3233 North Post Road passed 6-0.
• 2024-A-011 (Personal Property Tax Abatement): Companion resolution for the same entities and property. Approved 6-0 as published.

Continuances

• 2023-ZON-086 (6185-6531 East 34th Street) – Continued to April 3, 2024, for lack of commitments.
• 2023-ZON-101 (3905 East Raymond Street) – Continued to April 3, 2024, for lack of commitments.
• 2024-ZON-005 (977 Roache Street) – Continued to April 3, 2024, for lack of commitments.
• 2024-ZON-008 (8560 North College Avenue) – Continued to April 3, 2024, for finalization of commitments.
• 2024-CZN-808/2024-CPL-808 (11329 Maze Road) – Acknowledged automatic continuance to April 17, 2024, filed by a registered neighborhood organization.

Petitions of No Appeal (Recommended for Approval)

Seven petitions were approved 6-0: 2023-ZON-119, 2024-ZON-001, 2024-ZON-006, 2023-CZN-858, 2023-CZN-868, 2024-CZN-803, and 2024-CAP-805.

Petition of No Appeal (Recommended for Denial)

• 2023-ZON-102 (117 North Sherman Drive): The Commission voted 6-0 to uphold the hearing examiner's denial of the rezoning.

Public Hearing: 2023-ZON-109 – Paramount Schools of Excellence (5136 Michigan Road)

This 10.13-acre rezoning from SU-1 to SU-2 for an all-girls STEM school (K-8, phasing in K-6 initially) drew extensive testimony.

Petitioner's Position (Paramount Schools):

• Attorney Brian Tuohy presented the case, highlighting the adaptive reuse of a historic church (formerly Witherspoon Presbyterian Church) and the school's benefit to black and brown girls. He noted the site had housed a church for 50 years, and the school would have similar traffic impacts.
• Principal Crystal Westerhouse cited that Paramount's network is 80% diverse, 13% English language learners, and 18% special needs. The school would grow from 125 to 300 students over five years.
• Pastor Winterborne Harrison Jones testified that education aligns with the church's legacy.
• Traffic engineer Steve Fairbach stated the proposed turn lanes and queuing improvements would mitigate traffic (estimated $600,000-$700,000 investment).
• The petitioner agreed to commitments, including installing turn lanes, improving the driveway, a traffic control/queuing plan, municipal sewer connection, and a new commitment: no high school at the site.

Remonstrators' Position (Washington Township Schools, Highland Kessler Civic League, and others):

• Attorney Jonathan Hughes argued the project violates the comprehensive plan (rural/estate neighborhood) and would be a large-scale school in a typology that does not recommend schools. He cited existing school saturation (seven schools within 3.5 miles) and questioned the petitioner's transparency.
• Raymond Baker (Highland Kessler) said the community strongly opposed (85+ residents at a January meeting, 500 opposition letters) and expressed skepticism that commitments are enforceable without neighborhood authority.
• Councillor Dan Boots and Councillor Leroy Robinson spoke; Robinson supported the school, while Boots opposed it, calling the site a "bad use."

Staff Position: Recommended approval, noting the comprehensive plan is a guideline, and traffic and sewer concerns are addressed.

Decision: The petition was approved 5-1.

Public Hearing: 2023-UV3-022 – Used Car Sales Variance (8345 Bash Street)

This was an appeal of a BZA decision to grant a variance for automobile sales (primarily as an accessory to a repair shop). The Commission considered the appeal filed by city-county councilors.

Petitioner's Position (David Gilman):

• Argued the variance would allow a small auto repair business with up to 16 cars, only seven for sale, and that the design meets the Castleton revitalization plan's vision for the Nickel Plate Trail.

Appellants' Position (Councillors, Bragg, GACC, Senator):

• Opposed the variance as inconsistent with the Castleton Plan and the Nickel Plate Trail's potential.
• DMD staff recommended denial.

Decision: The Commission voted 5-1 to overturn the BZA's approval (four no votes were needed; five were cast).

Public Hearing: 2023-ZON-127 – Haven Health Management (5448 & 5510 South Emerson Avenue)

Rezoning 1.82 acres from D-P and D-A to D-P to allow a mental health and addiction residential treatment facility (up to 24 residents).

Petitioner's Position:

• Proposed a clarification of the code, adding a northern parcel for parking and a recreational building, and committed to a six-foot privacy fence around patient areas.

Remonstrators' Position:

• Neighbors Adam Zico and Adam Gutter expressed concerns about lighting, noise, traffic, and building proximity.
• They were satisfied with the clarified fence commitment but remained opposed.

Staff Position: Recommended approval, noting expansion of critical services and that lighting would meet code.

Decision: Approved unanimously 6-0.

Key Outcomes

• Approved routine resolutions and tax abatements.
• Continued five zoning petitions to April 3 or April 17, 2024.
• Approved seven no-appeal rezoning petitions and denied one no-appeal petition.
• Approved the Paramount Schools rezoning (5-1) with added commitments.
• Overturned BZA's approval of used car sales variance (5-1).
• Approved Haven Health rezoning (6-0) with fence commitment.

Note: The meeting agenda listed a 1:00 PM start, but the transcript indicates the meeting was also called for 6:00 PM (per source metadata). No discrepancy was noted in the agenda.