Metropolitan Development Commission Meeting - November 6, 2024

The Metropolitan Development Commission convened on November 6, 2024, for a regular meeting to consider policy resolutions, continuance requests, a no-appeal docket, and two contested rezoning petitions. The meeting was chaired by President Dillon. Key actions included approval of minutes, adoption of several policy resolutions, continuation of two items to November 20, 2024, approval of a 10-item no-appeal docket, and denial of both public hearing petitions.

Consent Calendar

• Minutes Approval: The minutes of October 23, 2024, were approved with a vote of 5-0-1 (one recusal by Commissioner Nancy, who was not in attendance).
• Policy Resolutions (without public hearing): Seven resolutions were read and voted on as a group. The following passed unanimously (6-0) with one recusal on item 2024 E039 (Commissioner Nancy recused from that vote):
  • 2024 R023: Conveyance of arrestee processing center and jail two to 1820 Ventures (Marion County Council District 18, Center Township).
  • 2024 R029: Authorization for DMD to amend legal services contract with Taft, Stettinius & Hollister for legal services related to Town and Terrace (Council District 6).
  • 2024 E036: Authorization for DMD to enter into an interlocal cooperation agreement using $2 million from the Airport TIF Area Fund for establishing direct overseas flights to Europe from Indianapolis.
  • 2024 P009: Authorization to amend contract with Elizabeth Kennedy (EKLA Studio LLC) to extend the term through 2025 and increase total funding to $726,000.
  • Additionally, resolutions 2024 A035 and 2024 E039 (the latter with one recusal) were included in the group vote.

Continuances

• 2024 A034: Staff requested a second continuance to November 20, 2024, citing pending finalization of agreement perimeters. President Dillon noted the request and directed staff to convey a message to the petitioner (Holiday Property Services Midwest Inc.) that further delays may not be granted. Motion carried unanimously (6-0).
• 2024 MOD 009: Staff requested continuance to November 20, 2024, because commitments for the petition had not been received. No public comment opposing the continuance. Motion carried unanimously (6-0).
• Clarification on Item 17 (2024 CCN 836): Staff noted that the companion variance was not on the agenda and had been approved separately by the hearing examiner.

No-Appeal Docket

Eleven petitions were read into the record. One petition (2024 MOD 009) had been continued, leaving 10 petitions for approval. Commissioner James moved to approve the 10 as a group; seconded by Commissioner Schumacher. Roll call: Garver (yes), James (yes), Murphy (yes), Robinson (yes), Schumacher (yes), Dillon (yes except on 2024 ZON 104 – agenda item 18 – she voted no). The 10 petitions were thus approved, with President Dillon’s dissent on item 18 recorded. The items included properties at various addresses across multiple townships and council districts.

Public Hearing #1: 2024 ZON 092 – 1770 Kentucky Avenue

Petition: Rezoning of 1.62 acres from I‑4 (Heavy Industrial) to C‑5 (Regional Commercial) to allow a convenience store with fuel sales and expansion of an existing liquor store. Petitioner: Multaney Holdings LLC represented by Don Fisher (InSight Engineering).

Petitioner’s Position: Fisher argued that the current I‑4 zoning is incompatible with the commercial nature of the area and that the comprehensive plan recommends commercial use. He stated that C‑4 (Community Commercial) would require a larger building (due to compact context setbacks) and more variances, so C‑5 was requested. He offered commitments to delete all uses not allowed in C‑4 (e.g., auto sales, outdoor recreation). Fisher claimed the site is in a food desert and the store would provide more food options. He submitted a petition with about 100 signatures in support.

Remonstrators’ Position:

• Lisa Lafflin (West Indianapolis Development Corporation) opposed, noting there are already 10 gas stations within two miles, the community is a walking community with median income of $30,000, and the proposed food offerings are not healthy or affordable. She argued the investment benefits only the petitioner.
• Michelle Mann (Roadie’s Park Crime Watch) cited concerns about increased noise, traffic, trash, and crime, and potential conflicts with long-term plans (e.g., Indy Moose, Videlia Trail greenway). She said this would be the fifth gas station established in 11 months.
• City-County Councillor Kristen Jones (District 18) spoke in opposition, describing West Indianapolis as a generational, walkable community that has lost its grocery store, drug store, and post office. She argued a gas station at a liquor store at 2 a.m. is dangerous and that residents do not need another convenience store that charges higher prices. She asked the commission to uphold the staff recommendation.

Staff Position: Kathleen (DMD) recommended denial, stating the C‑5 district is not compatible with the surrounding neighborhood, the comprehensive plan recommends community commercial (C‑3 or C‑4), and the proposed use (24/7 gas station) would intensify noise, traffic, and light. The hearing examiner had also recommended denial.

Rebuttal: Fisher argued that C‑5 allows smaller setbacks than C‑4, enabling a smaller building and less impact. He said the project would include internal storage and block residential areas from activity. Staff confirmed that C‑5 has larger setbacks, meaning a smaller building footprint.

Vote: The commission voted 6‑0 to deny the petition, upholding the hearing examiner and staff position.

Public Hearing #2: 2024 ZON 105 – 2852 East County Line Road

Petition: Rezoning of 6.67 acres from CS (Commercial Special – intended for integrated commercial center) to I‑1 (Light Industrial) to allow a self-storage facility. Petitioner: Aditi Real Estate 63 LLC represented by Cassandra Nielsen.

Petitioner’s Position: Nielsen argued that self-storage meets the comprehensive plan’s recommendation for “neighborhood-serving businesses,” that the property is adjacent to residential and commercial uses, and that the I‑1 classification is the least onerous industrial district. She noted that a recent Letter of Map Amendment removed 70–80% of the property from the floodplain. She disputed claims of spot zoning, stating that Indiana law does not prohibit spot zoning if rationally related to public welfare. The petitioner offered to accept commitments requested by staff (final site plan, elevation approval, right-of-way dedication, tree protection, maintenance).

Remonstrators: None appeared.

Staff Position: Kathleen (DMD) recommended denial, stating that self-storage is an industrial use not permitted in a suburban neighborhood typology. The surrounding area is entirely residential and commercial (no industrial zoning nearby). She characterized the request as spot zoning. Staff noted that if approved, they would require commitments to mitigate impacts, but overall the proposal was inconsistent with the comprehensive plan.

Rebuttal: Nielsen maintained that the lightest industrial use is consistent with adjacent commercial development and that the site currently serves as a nuisance (homeless camp). She emphasized the developer’s willingness to work with staff on conditions.

Commission Discussion: Commissioner Schumacher noted familiarity with the site, citing congestion and a tent camp, and expressed desire for improvement while retaining trees. Commissioner Murphy questioned alternative zoning (CS with modifications), and staff explained that CS would reduce setbacks to 15 feet, which is inadequate for a buffer near residential areas.

Vote: Motion to approve by Commissioner Robinson, seconded. Roll call: Dillon (no), Schumacher (no), Robinson (no), Murphy (no), James (no), Garver (no). Petition defeated 6‑0, upholding the hearing examiner and staff position.

Key Outcomes

• Approved: Minutes of October 23, 2024 (5-0-1).
• Approved: Six policy resolutions (2024 R023, R029, E036, P009, A035, and E039 minus one recusal).
• Continued to November 20, 2024: 2024 A034 (second continuance) and 2024 MOD 009 (commitments pending).
• Approved: 10 petitions from the no-appeal docket; President Dillon voted no on item 18 (2024 ZON 104).
• Denied (6-0): 2024 ZON 092 (rezoning to C-5 for convenience store/gas station at 1770 Kentucky Avenue).
• Denied (6-0): 2024 ZON 105 (rezoning to I-1 for self-storage facility at 2852 East County Line Road).
• Next Meeting: November 20, 2024.