Metropolitan Development Commission Meeting - January 8, 2026

The Metropolitan Development Commission convened on January 8, 2026, to address a series of routine approvals, special requests for waivers, public hearings, and ordinance amendments. The meeting featured significant discussions regarding a tax abatement for a Waste Management recycling facility, updates to stormwater and flood control ordinances, and a contentious appeal regarding a car dealership rezoning petition.

Consent Calendar

• The minutes from the December 17th meeting were approved unanimously by a vote of 8 to 0.
• Four petitions of no appeal were recommended for approval: 2025 APP 017, 2025 MOD 022, 2025 ZON 120, and 2025 CZN 845, passed unanimously 8 to 0.

Public Comments & Testimony

• Benjamin Bennett (Petitioner): Requested a waiver of the three-month petition wait period previously triggered by the withdrawal of 2025 ZON 119. Bennett expressed his intent to rezone 8560 North College Avenue to D3 residential for operation as a senior group home under a housing with services establishment.
• Brian Twee (Representative): Requested a continuance for 2025 ZON 062 to allow the property owner to return to town, secure a signed commitment, and file documents prior to the February 4th hearing. Staff expressed no objection.
• Kathy Battle (Economic Incentives Team): Presented Resolution 2026A001 on behalf of Waste Management of Indiana. She detailed a $39.5 million investment in recycling infrastructure, the potential creation of 39 new jobs with an average wage of $27.11 per hour, and a commitment to fund a bus stop. Staff recommended approval for a six-year personal property tax abatement and a waiver of non-compliance regarding equipment timing.
• Shannon (DMD Representative): Presented proposed amendments to the consolidated zoning ordinance (2025 A0001) regarding flood control, stormwater management, and the well-field secondary district. She explained the amendments aim to align the zoning ordinance with standalone ordinances adopted in 2024 and permit language to improve clarity and efficiency. Staff noted zero public comments received for or against the proposal during the seven-week comment period.
• Edgar Gonzalez (Petitioner): Appealed a hearing examiner's denial of 2025 ZON 126 (3341 West Washington Street). Gonzalez argued for rezoning from I3 to C5 to operate a small family-owned used car dealership, stating the area is surrounded by commercial uses and opposing residential gentrification in the area. He expressed that he and his cousin had only recently begun the process and were unaware of the specific zoning restrictions until application.
• Staff Comments (Marlene): Opposed the C5 rezoning request for 2025 ZON 126. Marlene argued that an auto dealership is counterintuitive to the Transit Oriented Development (TOD) secondary district's goal of walkable development. She noted the property falls within the floodway fringe, raising concerns about potential contamination, and that even if rezoned to C5, a variance of use would still be required due to the TOD overlay limiting auto sales to half an acre on a 0.76-acre lot.

Discussion Items

• Waiver for 2025 ZON 119: The Commission discussed Benjamin Bennett's request to waive the three-month petition waiting period. Staff expressed no objection, noting the timeline only shifted by one month. The Commission granted the waiver 8 to 0.
• Continuances: The Commission approved continuances for 2025 ZON 062 (to February 4th) and 2025 CZN 844 (to January 21st) to allow for the finalization of commitments.
• Resolution 2026A001 (Waste Management): Commissioner Hergett offered kudos to the commission and staff, highlighting the project's significance for the city's sustainability goals and its role in establishing a universal recycling program. The Commission discussed the job creation potential and the specific commitment to fund a bus stop. Two commissioners recused themselves. The resolution for a six-year personal property tax abatement and the waiver of non-compliance passed 6 to 0 (with 2 recusals).
• Ordinance Amendment 2025 A0001: Commissioner West commended Shannon for the extensive work on the amendments. The Commission noted the ordinance will be introduced to City County Council on February 2nd, 2026. The amendment was approved unanimously 8 to 0.
• Appeal of 2025 ZON 126 (Car Dealership):
  • Petitioner Position: Gonzalez maintained the property is suitable for a car dealership given the surrounding commercial uses and expressed willingness to utilize only a small portion of the lot (under half an acre) if permitted.
  • Staff Position: Staff maintained that granting the rezoning to C5 would facilitate a use (auto dealership on a lot with potential for expansion) that contradicts the TOD overlay's intent. Staff warned that approving a variance based on current half-acre usage creates a "slippery slope" and could lead to future disturbance of the floodplain fringe.
  • Commission Discussion: Commissioners debated whether the existing auto dealer to the north constituted a legal non-conforming use and whether the floodplain issue was a zoning matter or a site development matter. It was clarified that an auto dealership would require a variance of use regardless of rezoning, and that the TOD overlay is the primary constraint. It was noted that if the petition is denied, the petitioner must wait 12 months to refile a new petition, though they could file a waiver request earlier.
  • Vote Outcome: A vote was taken on the appellant's request to override the hearing examiner's denial. The vote resulted in a 4-4 tie.

Key Outcomes

• 2025 ZON 119 Waiver: Granted 8 to 0, allowing Benjamin Bennett to refile zoning for a senior living home.
• Continuances: 2025 ZON 062 and 2025 CZN 844 granted continuances.
• Resolution 2026A001: Approved 6 to 0 (2 recusals), authorizing a 6-year tax abatement and waiver of non-compliance for Waste Management.
• Ordinance Amendment 2025 A0001: Approved 8 to 0. Next step: Introduction to City County Council on February 2nd, 2026.
• 2025 ZON 126 Appeal: Resulted in a 4-4 tie. A de novo hearing (fresh start) is scheduled for the next Metropolitan Development Commission meeting on Wednesday, January 21, 2026, at 1:00 PM. No decision was made on the merits of the case in this meeting due to the tie.