Metropolitan Development Commission Meeting - April 17, 2024

The Metropolitan Development Commission (MDC) met on April 17, 2024, to consider a range of zoning, plat, and historic preservation matters. The most prominent item was a public hearing on the proposed Church of the Holy Cross Historic Area Plan (2024 HP001), which sparked extensive debate between the Archdiocese of Indianapolis and neighborhood preservation advocates. The commission also approved several consent items, granted continuances, and voted on no-appeal petitions and a subdivision plat.

Consent Calendar

• Minutes from the March 20 and April 3, 2024 meetings were adopted unanimously (7-0). Commissioner Garber recused on the April 3 minutes.
• Resolution 2024 R006, authorizing a lease at 39 West Jackson Place, was approved (7-0).
• Three public hearing items were continued to the May 1, 2024 meeting without additional notice: 2024 A016 (Bella Solar), 2024 A017, and 2024 A018 (Novartis tax abatements). Staff requested the continuance for Novartis items because the applicant submitted reduced committed jobs requiring review.

Public Comments & Testimony

Public testimony was heard exclusively on the Holy Cross Historic Area Plan. Both sides were sworn in and given 10 minutes each.

• Archdiocese of Indianapolis (opposition): Attorney Paul Carroll argued that the historic designation violates the Religious Land Use and Institutionalized Persons Act (RLUIPA) by imposing a substantial burden on the owner (St. Philip Neri Parish). Father Joseph Newton explained canonical law: a church must be relegated to profane (non-sordid) use before demolition, and the property cannot be sold for for-profit use if the building remains. Father Jeffrey Dufrein, pastor of St. Philip Neri, stated the parish cannot afford repairs, and the plan would divert resources from serving an immigrant community and maintaining its historic Rural Street campus. The Archdiocese stated there is no middle ground, as no non-sordid use could be guaranteed in perpetuity.
• Holy Cross Community & Indiana Landmarks (support): Mark DeLassus (Indiana Landmarks) refuted the RLUIPA claim, citing U.S. Supreme Court precedent (Penn Central v. New York) upholding landmarking. He noted other Catholic churches in the archdiocese have been reused for events or retail. Tim O'Sullivan (Holy Cross Land Use Committee chair) argued the buildings can be adapted (e.g., art gallery, theater) and that there are interested developers. Councilor Jesse Brown (District 13) stated canon law is not relevant civil law, and the community overwhelmingly supports preservation. He challenged the Archdiocese to present a unified plan with the neighborhood.
• IHPC Staff: Meg Bush, IHPC administrator, presented the plan as a tool to review exterior work under Secretary of the Interior standards. She noted over 200 public supporters and a 597-signature petition. An emergency designation was issued on March 27, 2024, due to imminent demolition threat. IHPC Chairman Bill Brown confirmed the building is structurally sound and can be economically restored, citing historic grants and development interest.

Discussion Items

Church of the Holy Cross Historic Area Plan (2024 HP001)

• The plan would add the parcel at 125 North Oriental Street to the comprehensive plan, providing preservation guidelines based on historic and architectural significance.
• Commissioners questioned both sides about feasibility, potential reuse, and whether a meeting had occurred. The Archdiocese acknowledged no joint meeting had taken place. IHPC staff clarified the emergency designation has a 90-day window from March 27 (ending June 25) unless the MDC acts.
• Motion to adopt the resolution was made; roll call vote: 6 yes, 1 no. The plan was approved, meaning the IHPC’s designation is upheld.

Petition Withdrawals and Continuances

• Staff acknowledged withdrawal of 2024 ZON008 (8560 North College Ave) per petitioner request.
• Withdrawal of 2023 APP030 (5510 South Emerson Ave) was acknowledged, as its companion zoning petition had already been approved by council.
• A continuance was granted for 2024 ZON012 (1170 Kentucky Ave) to May 15, 2024, after petitioner Jonathan Howe stated the neighborhood meeting could not accommodate an earlier date. The petitioner (Shuck Corporation) did not object but expressed frustration over lack of in-person dialogue.

No‑Appeal Docket

• Seven petitions recommended for approval were read and passed 7-0: 2023 ZON125, 2024 ZON010, 2024 ZON019, 2024 ZON020, 2024 ZON024, 2024 CZN806, 2024 CZN810.
• One petition recommended for denial (2024 ZON007 at 3000 North German Church Road) was moved to “pass” (i.e., deny the recommendation) by a commissioner, but the motion failed; a second motion to deny (agree with staff) passed 7-0, confirming denial.

Caldwell Farms Subdivision (2024 CZN808 and 2024 CPL808)

• A companion rezoning and plat at 11329 Mays Road, Franklin Township, to create three single-family lots on 8.18 acres (well/septic). No remonstrators. Staff recommended approval. The plat was approved 7-0, and the rezoning was approved 7-0.

Key Outcomes

• Holy Cross Historic Area Plan adopted (6-1). The plan is now part of the comprehensive plan; any future exterior work or demolition will require IHPC review.
• Continuances granted: 2024 A016, A017, A018 to May 1; 2024 ZON012 to May 15.
• No‑appeal items: Seven approvals passed; one denial (2024 ZON007) upheld by vote.
• Caldwell Farms subdivision and rezoning approved (7-0 each).
• Negative findings of fact for previously denied variance petition 2023 UV302 were made available for commissioner signature.