Metropolitan Development Commission Meeting - February 19, 2025

The Metropolitan Development Commission convened on February 19, 2025, at 6:00 PM. The meeting featured a full nine-member board for the first time in over a year, approved officer elections, and took action on multiple tax abatement resolutions, zoning petitions, and continuances. Key votes included a 9-0 approval of the Delara USA headquarters expansion abatements, an 8-1 approval of a clawback against True Essence Foods, and a 9-0 denial of the Arbor Homes Camby Road rezoning.

Consent Calendar

• Minutes of February 5, 2025: Approved 7-0 with two recusals (Commissioners Robinson and Hergett).
• Election of Officers (2025): President John Dillon, Vice President Megan Garber, Secretary Brian Murphy, Assistant Secretary Bruce Schumacher – passed 9-0.
• Petitions of No Appeal: Seven items (2024 APP 030, 031, 2024 MOD 020, 025, 2024 CZN 842, 2024 CAP 848, 857) approved 9-0.

Public Comments & Testimony

• True Essence Foods (2025 A010): Leslie Rubin (consultant) and Matt Rubin (CEO) testified that the company met compliance for 2023 and 2024, arguing that the clawback penalty was unwarranted and that the company initiated the voluntary termination. They requested waiver of the $11,043.57 clawback. Staff (Letitia Ramsey) countered that the company failed to meet new job commitments (30 jobs) in 2024, having only 14 new jobs, and that the clawback was correct.
• ZON 127 (618 N Keystone Ave): Remonstrator Beverly Newman (resident at 6007 Hillside Ave) opposed the rezoning, citing concerns about toxic chemicals from a nearby pest control company, increased crime, and violation of fair housing. She argued the petitioner was deceptive. Petitioner's attorney Rebecca Phillips clarified the subject property is a separate office space with no chemical storage.
• ZON 138 (Arbor Homes, Camby Road): Remonstrator Pat Andrews (Decatur Township Civic Council) and Fire Marshal Adam Shaver testified that the proposed subdivision's access via two local streets violated fire safety ordinances, requiring a direct entrance off Camby Road. Councilor Bain supported their position, urging the commission to uphold the safety ordinance.
• ZON 098 (West Southport Road): Remonstrator Pat Andrews initially opposed but later withdrew opposition after the petitioner agreed to eliminate three-story homes, commit to no vinyl siding, and contribute $920,000 to road improvements. Councilor Bain expressed satisfaction with the commitments.

Discussion Items

• Delara USA Holdings (2025 A006 & A007): Final economic revitalization area resolutions for a headquarters expansion at 1201 Main Street (Speedway). Project includes $5 million real property investment (A006) and $11.75 million personal property investment (A007), retaining 64 jobs and creating 55 new jobs at $41.50/hour. Staff recommended approval. Both passed 9-0.
• Hydro VAC Services/Groundbreakers (2025 A008): Final ERA resolution for a headquarters at 5514 Victory Drive ($5.9 million real property investment), retaining 63 jobs and creating 60 at $42.75/hour. 5% of tax savings committed to workforce pathways. Approved 9-0.
• True Essence Foods (2025 A010): Resolution authorizing a hearing to terminate personal property tax abatement due to non-compliance, with a clawback of $11,043.57. After testimony, the commission voted 8-1 to approve the resolution. Commissioner James voted no.
• Kennedy Chloe Development (2025 E006 & E007): Resolutions pledging TIF revenues and establishing an economic development area for a multifamily residential project on the MLK corridor. DMD and bond counsel (Chris Grisel, Joe Smith) supported. Both approved 9-0.
• Continuances:
  • Items 12 (2024 ZON 030) and 14 (2024 ZON 135) continued to March 5, 2025, pending commitments.
  • Item 20 (2024 ZON 073 & 073B) continued to March 5, 2025, with remonstrator's consent.
  • Item 13 (2024 ZON 132) continued to March 19, 2025, for finalizing commitments.
• ZON 050 (3739 N Kitley Ave): Rezoning from D3 to C7 for a commercial contractor. Initially recommended for denial, but petitioner agreed to staff commitments. Approved 9-0.
• ZON 127 (618 N Keystone Ave): Rezoning from D3 to C1 for office use. Petitioner (Evolution Process Service LLC) argued the property has been used for offices for 50 years and the rezone aligns with the comprehensive plan. Remonstrator opposed. Staff recommended approval. Approved 9-0 with petitioner's commitments.
• ZON 138 (Arbor Homes, Camby Road): Rezoning from DA to D4 for 50 single-family homes. Petitioner (Dominic Dwyer) proposed access via existing stub streets, but remonstrators and fire marshal cited safety concerns due to inability to meet the two-street access ordinance. The petitioner refused to commit to a Camby Road entrance. Denied 0-9.
• ZON 098 (West Southport Road): Rezoning from DA to D4 for 314 homes (217 Arbor series, 97 Genesis series) on 104.8 acres. Petitioner committed to no three-story homes, no vinyl siding, $920,000 for road improvements, and other amenities (trails, pool, disc golf, etc.). Remonstrator withdrew opposition. Approved 9-0.

Key Outcomes

• Delara USA Holdings: Both abatements approved (9-0).
• Groundbreakers: Real property abatement approved (9-0).
• True Essence Foods: Termination and clawback approved (8-1).
• Kennedy Chloe: TIF pledge and economic development area approved (9-0).
• ZON 050 (Kitley Ave): Approved (9-0).
• ZON 127 (Keystone Ave): Approved (9-0).
• ZON 138 (Camby Road): Denied (0-9).
• ZON 098 (West Southport Road): Approved (9-0) with commitments including no three-story homes, no vinyl, and $920,000 infrastructure contribution.
• Continuances: All four items continued to March 5 or March 19, 2025.
• New Head of Economic Development: Jim Schellinger expressed support for the Delara USA resolutions.