Good afternoon.
The meeting of the mdc hearing
examiner for AUGUST 27th 2026
will now come to order. Couple
of announcements reminders
before I read the rules of
procedure. If you have
electronic devices, make sure
they earn silent. And if you
do have to have conversation,
please go out in the hall to
do that. The indices rules of
procedure provide that the
administrator MAY limit the
number of new petitions
docketed for the hearing
examiner. The current planning
staff is currently limited.
Shunning limiting the number
of new petitions to 10. This
will be in effect for an
indefinite period. The public
hearing today will be
conducted in accordance with
the rules of procedure of the
Metropolitan Development
Commission. The petitioner and
the rim on traders will each
have a total period of 15
minutes for their sworn
testimony. We will hear the
staff recommendation and then
the petitioner and reminds
traders will each have a total
period of 5 minutes for a
rebound. Reasonable,
additional time will also be
allowed for any member of the
City County Council to provide
testimony regarding a
petition. Any party who has
just spent satisfied with any
recommendation or decision
made today has an automatic
right to an appeal. The
dissatisfied party must file
the appeal with the Department
of Metropolitan Development
within 5 business days after
today. Additional notice of
the appeal is required to be
made to the individuals who
are required to be notified
under the mdc rules of
procedure. Please contact
staff within one to 2 days
after today's hearing to
discuss giving timely notice
using the designated appeal
also approval and modification
petitions for which I make a
recommendation to the
Metropolitan Development
Commission for approval or
denial will be placed on the
mdc agenda for Wednesday,
SEPTEMBER. 16th 2026. Any
commitments agreed to for such
put it for such petitions must
be submitted to step before
the designated in dc meeting
date and no later than
SEPTEMBER 9th. 2026. Please
note that any variance plat
and vacation petition for
which I approve or deny today
will not be scheduled for
further hearing. And the
decision will be final unless
an appeal is filed in
accordance with the rules of
procedure. We'll now begin
with special requests,
including withdraws in
continuances. I'm first going
to ask Nancy to read into the
record all of the special
request of which she is aware
then will take special request
from the audience. And finally
special requests from staff.
Thank you, Man. Im hearing
examiner. Chris, we have 2026
0, 0, 7, 2, 76. 44 Big Ben
Boulevard Center Township
Council District 19 and on a
medic continues to SEPTEMBER
24th 2026. Has been filed by
Register neighborhood
organization. Is there anyone
here today on 2026 e u n 0, 7,
2 at 76. 44 Big Ben Boulevard.
Again, that is an automatic
continuance. Michael, any
comments from staff? Thank
you, MADAM Hearing examiner,
no additional comments. Am
going to acknowledge the
automatic continuance of 2026,
0, 1, 0, 7, 2, to the
SEPTEMBER 24th hearing. Thank
you, 2026. Easy. 8, 3, 6 2026.
Cbre 3, 6, at 23. 26 East 44th
Street where she Township
Council district 8. We have a
staff requests for continues
for Costa SEPTEMBER 24th 2026.
And is there anyone here today
on companion petitions 2026
easy cv or 8.36, the 23. 26
East 41st Street risking it.
Good afternoon. MADAM Hearing
Examiner Justin King addresses
27 22 maker Street
Indianapolis, Indiana, 4, 6,
2, or We're green mint and
supportive of staff's request
to the SEPTEMBER 24th docket.
And I believe this would be
without additional notice. I
might also add that we are
seeking a four-day waiver of
the mailing requirements.
Okay. Happy to answer any
questions you might have.
Okay. So lets to the waiver
request first again, is there
anyone else here on 2026, tz
it and cvr 8.36 Kathleen
staff's No way thank you,
Judy, of this waiver is
required due to Some delay on
our part. What's the staff
would have no objection to the
four-day waiver. And then
again, the continuance is to
request some additional time
to work with the committee of
the Petitioner on this one.
Okay. In that is the way just
for written are also for
posted. Notice. I believe we
got the signs up 2 days after
the deadline. They were up
before the notice went out. So
today's after the deadline.
Correct? Okay. Today we on the
signs for day on the legal
case. All right. I going to
grant the today waiver of the
posted notice in 40 waiver of
the written notice for
companion petitions 2026 easy
cvr 8.36 And then I am going
to continue those petitions to
the SEPTEMBER 24th hearing. Is
that without notice? Cut And
that would be without
additional notice. All right.
Thank you. Like you're up
next. And it said the
petitions are 2026. Easy. And
8, 3, aged 2026. Cbre 3, 8,
That's 69, 15 east. Washington
Street. One Township Council
district 20. Staff is
requesting that continues for
cars to OCTOBER. 29 2026. In
his anyone else here today on
companion petitions 2026 see
cnn Cbr 8.38 At 69 15 east
Washington street. Kate is
ticking once again. Justin
King in at just 27. 22 maker
Street Indianapolis, Indiana,
for 6, 2 or 3. Again, we're
supportive of the request made
by staff to continue this case
to the OCTOBER 29th hearing
dates. We anticipate that
legal notice might or the
request MAY change and
therefore legal notice would
be need to be. Modified. And
recent we're not to that point
We know that that request will
change. So will could have to
deal with that as
conversations take place with
staff. This one would also
require us to request a
one-day waiver of both the
legal notices and the sign
regulation. Okay. Again, you
and anyone else here on the
petitions at 69 15 east,
Washington street. Kathleen
comments on the Thank you
staff would have no objection
to the one-day waiver of the
notice and posting the sign.
And again, this would be with
additional notice if required
to the OCTOBER 29th hearing.
So am going to grant a windy
waiver of the written and
posted notice for 2026. See
cnn cvr 8.38 And continue
those petitions to the OCTOBER
29th hearing with notice if
necessary. Next is 2026. Easy
and 8.44 In 2026, ebr 8. 44 66
20 north Human Way Xi Jin
Township Council District 3
the night and then it
continues to 9/24/2026. Been
filed by city County
Councilor. There anyone else
here today on companion
petitions 2026? Easy cvr 8.44
at 66 20 north few way. Good
afternoon, MISS Sports Hall
Joe Calder and 11 South
Meridian, Indianapolis
representing the petitioner in
this matter. We are in contact
with counselor boots and the
other umbrella. Neighborhood
organizations were holding a
committee community meeting
next Tuesday. So we anticipate
being in good shape. By the
time we return next month. And
Kathleen, any additional
comments from Thank you, This
would require is your meant?
Can going to acknowledge the
automatic continuance of
companion petitions 2026? Easy
cvr 8.44, thank you. Are there
special request from the
audience for continuing won't
withdraw. All expediting. Good
afternoon. Good afternoon,
office at 16. 38 Shelby Street
Suite. One, Indianapolis,
Indiana, on behalf of Punjab
property for petition 2026.
And Modi. 0, 0, 3, With
regards to property. 8600
comes road. And we are
requesting a continuance and
unfortunately based on some of
the people in attendance, I
believe there was a MISS
Communication on that part of
it. But staff informed us a
few days ago that dpw is
requesting a traffic impact.
Study. And and that will take
some time for the petitioner
to complete. And and there's
also been. Wetland delineation
report that some of the
neighborhood committee. And
has, but it has been unable to
provide a copy of staff. Does
not have a copy of. And so we
would like to see that as well
since our engine. The
petitioners engineer and
that's not have any of the
property designated as
wetlands in there report. So
what does the continuance
request? 2 OCTOBER 29th? Okay.
I actually saw the email
exchange and I know that that
was requested a couple weeks
ago. I was there such a delay
in getting that under way.
That was a couple weeks ago,
but it would typically they
take 30 to 60 days, too. Yeah,
but you said the staff you
just found out a couple days
ago. Oh, no. Sorry, okay. Into
debt. You tried to make the
rim on traders aware the
continuances of 2 said he is.
think there was MISS
Communication. I told them
about the request for the and
traffic impact. Study. Okay.
Is there anyone but here that
wants to speak on the
continuance request for 2026.
Him. Od. 0, 0, 3. 8600 Combs
Road. And again, the content.
The request is to continue to
OCTOBER. 29th from today's
hearing. Is there anyone here
on those petitions? Yes,
ma'am. If you would, please
state your name and address.
Robin Heldman. 88 24 Combs
Road Indianapolis, Indiana.
Today is the first day that I
heard that he was asking for a
continuance. We have
communicated via e-mail. He
did discuss that they had a
traffic study which I was
aware that was a couple of
weeks ago, but communication
there was no further
communication. We do have
several people here that we're
ready to testify in opposition
I'm just curious what if it is
continued? What does this
whole process just start
again, where we come here
before you and then it
proceeds. But if if say we
don't want it to be continued
and move for what? What
happens? That's good question.
I show of hands. Can I see who
else is here today on this
petition on Combs wrote, ok,
so dozen people or so? Yeah,
and I understand it. It's very
much an inconvenience with
driving here and paying for
parking and all that I would
say that. First of all, I'm
I'm disappointed that it was
not communicated to you that
that this. In my opinion, this
is not something that I can
here today because there is a
vital piece of information
that that is not going to be
ready for a couple months so I
don't think it would be best
served to hear the petition
today. Another option that I
have, which is still going to
involve everybody coming back.
Is to send the petition
directly to the Metropolitan
Development Commission for an
initial hearing. But if I do
that, it has to be their
SEPTEMBER 16th date because
that that. As I announced to
my rules, anything heard today
goes to SEPTEMBER 16th and out
Lee. It's gonna have to be
continued from them because
studies can be done yet. So my
preference would be go ahead,
continue it out. And let's
make sure that OCTOBER 29th
is. Far enough out because
after that date, I wouldn't be
likely to grant any more
continuances on behalf of the
petitioner. So again, I know
it's an inconvenience. I
apologize for that. Do you
feel like that's something you
and your group could work west
on that OCTOBER 29th date.
Yes. So we have your the
SEPTEMBER 16th. They would be
a problem for okay. So get
that my only other question or
request is that we have
communicated with the
petitioners rep attorney and
there were supposed to be
revised site plans time and
that was back in JUNE, I think
is when they initially said
they were going to have those.
He still has not submitted
those. I don't believe to
staff and he is not. And so we
have not seen those. I've
invited him to the Franklin
Township Land Use Committee
meeting and he hasn't come
because he doesn't have those
revised plans. But he didn't
mention that here. So I'm just
questioning. When will those
be submitted as well the track
study? Okay. All right. Thank
you. Thank you. Does anyone e
else want to speak to this
continuance request? She could
state your name and address
right City County Council for
District. 25. I would also
like let me know that I am
here in opposition of this
proposal. So I think we've had
it I'm going to budget season
right now the city. So forgive
me for I know how has been
continued so far. However, I
think it's time we start to
move forward with hit traffic
study is going to show us that
this is going to be a feasible
use of the land given the
restrictions of the plane of
of. County line and that
turning point right there is
simply just too tight for
something like this co into a
semis. So well, it MAY or MAY
not be able to make this
actually goes forward before
you like it be noted, along
with the letter of submitted
in your packet that I am in
saying opposition of this, ok,
thank you. And I appreciate
coming today. Anybody else
want to speak to the
continuous request of this
petition? Okay. And Kathleen
comments from staff. Thank
you, Judy. I just want to
clarify that what is being
requested by dpw is a traffic
which is a traffic operation
analysis and not a full-blown
traffic impact. Study. They
hit as specifically to look at
the intersections of stop 11
and Combs Road and county and
Combs wrote. So I just wanted
to get that clarified. As you
know, this has been continued.
This is initially set for
hearing in APRIL. And this has
been continued throughout the
summer, Steph. We'll support a
continuance to the OCTOBER
29th but will not support any
more continuances if they are
not ready to go forward and
they either need to withdraw
or this needs to be dismissed.
Okay. Do you think that this
should be with notice since
there's been? I think that
would be appropriate given
fact that it has on for so
long in Chile. Assume you you
don't have that revised site
plan. No, okay. Nothing new
has been submitted to the
okay. The the petitioner to
the file since was initially
filed folk and I know that MR.
Rooney indicated the e.
Wetlands so many Asian it
would be appropriate for him
to forward that. So it can be
filed. Okay. All right, MR.
Rooney, clarify, we don't have
the wetland delineation. We we
are told by the neighborhood
that they have the wetland
delineation designating the
property as wetlands, but
they've been unable to provide
a cop because they only have
one hard copy and they thought
staff might have it. Staff
says they do not. Noticed
staff does not have a copy of
that. That is one of the
commitments Seth is going has
requested as part this
petition. So, yes, hasn't been
conducted then. I mean, it's
be required me. So that sounds
like titian or yesterday that,
yes, it would be up to the
petitioner. He is just
clarifying the neighborhood
stated they had a previous
report stating that it was
wetlands in our engineer. It
saying it is not. Would appear
that engineer needs to submit
documentation that it is not a
wet one. Because if you look
at the site is clear that
there is a wetland that
occupies most of this site.
That, fact, extends to the
parcel south of. This site. So
it sounds like in the next 2
months. You and your client
have to. Verify. Where the
wetland delineation is or if
again, they're saying there
isn't one they need to provide
documentation of that. You
have to prove here that do.
You think that OCTOBER 29th is
enough time? Because as you
have heard, others say a we're
not going to grant any more
continuances on behalf the
petitioner. So do you think
that OCTOBER 29th is a
reasonable date? If you are
willing to continue no further
to be safe, we would. But if
you're not, we would. Would
try to make sure we have
everything by OCTOBER 29th.
So. Again, do you think
OCTOBER 29th is a reasonable
date? Or should we? Think we
will. We can make the OCTOBER
29th state work. Okay. And I
do feel like that should be
with notice. But in addition
to notice, if you can also
keep the counselor and
Franklin Township Civic League
in, you know, any interested
neighbors informed. I think
that would be very helpful. So
I am going to continue 2026.
And Modi, 0, 0, 3, 2, the
OCTOBER. 29 tearing and that
is with notice. Thank you.
Thank you. Any other special
request from the audience?
Good afternoon. Again we're
told Joe Calder and 11 South
Meridian, Indianapolis
representing Health and
Hospitals Corporation. Agenda
item 12. That's 2026 easy and
cbre. 42 various addresses on
world. Temple Meadows Drive
and 30 a street. We are
requesting a two-day waiver of
both written notice and the
posted sign. Is there anyone
here today on companion
petitions, 2026 e cnn cvr 8.42
And various addresses on rural
Temple Meadows Drive and East
38th Street. And again, the
request is for a two-day
waiver of the written notice
for those petition and the
sign in the sand with written
and posted. Yes. And Kathleen
comments from thank you. To
the staff would have no
objection to a two-day waiver
of the written notice and the
posting of the sign. Okay. So
I am going to uproot it. Prove
a two-day waiver of the
written and posted notice for
companion petitions 2026 see
cnn cvr. 42. Other special
request from the audience. Do
we have any special requests
from the staff? Yes, thank
you. Staff would draw your
attention to item number 15 on
your agenda. Haven't discussed
this with both the petitioner
and community organizations.
They have decided to continue
this for one months. And that
would be, too. I believe the
24th of SEPTEMBER. And Steph
has no objection to that.
Okay. And is that without
notice? Yes, at this time
there would be without notice.
Okay. Is there anyone else
here today on 2026, 0, 0, 6, 5
at to Madison Avenue. And
again, that request is for a
30 day. Continuance. Okay in
petitioners. Not here.
Correct. I am going to
continue 2026 year when 0, 6,
5, To the SEPTEMBER 20 force
hearing. And that is without
additional notice. Any other
special requests from staff
today? We will now consider
the petitions on the expedited
portion of the dock. It these
are petitions were staff has
recommended approval of the
request and staff has not been
made aware of any opposition
to the petitions. If there are
reminds traitors present for a
particular petition are
members of the public who
object to a petition being
recommended for approval are
being approved. We will hear
testimony before a decision is
made. Ines need to to read
into the record all of the
petitions on the expedited
portion of the docket. She
will then ask for you all to
stand up and be sworn in. And
then I'm call those up in
chronological order and ask
you to just give very brief
comments on each one of those.
Thank you. MADAM Union Salmon
are The petitions to be
extradited are just 1, in
2026. App's 0, 1, 5, At 18, 0,
7 Central Avenue Center
Township Council District 13.
2026, 0 5, one. 41 50 North
High School Road Pike Township
Council District 5. 2026, 0,
0, 5, 5 it 16. 24 East 46th
Street Washington Township
Council District 7. 2026, 0,
0, 5, 9, 3, 3, 7, east, more
history. Senator Township
Council District 18. 2026, 0,
0, 6, 9, 11,001 50 is 1, 1, 1,
5, 0, Southeastern Avenue.
Franklin Township Council
district. 25. 2026 0 in 0, 7,
3, 8, 23. 55 North College
Avenue and 7, 1, 7 East 24th
Street Senator Township
Council district 8. 2026, easy
and 8 to 7 with 2026. Epl 8 to
7, the 2050 Wagner Lane. And
36, 69 Van Buren Street
Senator Township Council
District 19. 2026, easy and 8
for 2 2026. Cvr 8, 4, 2, at
38. 39 through street. 38
zeros. One North Temple
Avenue. And 38 30 medals drive
and 28, 0, 6 28, 40 East 38th
Street, Washington Township
Council district 8. Well, all
those continued to testify on
these petitions this
afternoon. Please stand now to
be identified. Who's going to
speak for these? Please raise
your right hands. Do you swear
or affirm of the pill? Use a
pretty to tell the truth and
nothing but the to say I do.
Thank you.
If the petitioner for 2026, a
p p 0, 1, 5, at 18, 0, 7
Central Avenue could come
forward. Please. And just to
make sure there's no one else
here on that petition today at
18. 0, 7 Central Avenue. Okay.
Yes, use like 23. 0, one
Central Avenue, Indianapolis,
Indiana. We are seeking
approval for. A new
construction, single-family
home and carriage house of
which plans already been
submitted for. It is pk to
zoning. So we required to get
the additional approval here
And it looks like staff's
recommending approval subject
to substantial compliance with
the site plan and elevations
folded to JULY 2nd. Are you in
agreement with that? I agree,
ok? Thank you, Robert.
Additional comments from
staff. Thank you to staff a
stuff the additional. All
right. So subject to.
Substantial compliance with
the site plan and elevations
filed dated JULY second 2026.
I am going to recommend
approval of 2026. App's 0, 1,
5, that will be placed on the
docket of the Metropolitan
Development Commission on
SEPTEMBER. 16th. Thank you
you. Petition Twenty-twenty 60
when 0, 5, one at 41 15 North
High School Road. There anyone
else here on that petition
today? MADAM Hearing Examiner
David Gering officers and 9.21
East 86th Street Suite 2 or 3.
Indianapolis. And this
petition petitioners, the
upward and although repair
shop. They're rezoning from
c-four to see 7 so they can
repair heavy trucks and sell
used cars. Staff has
recommended approval staff is
imposing 2 conditions which we
accept and our 2 commitments
and met with the Pact Township
residents Association twice
and worked out commitments
which they would like me to
read into the record. Number
one, the owner agrees to abide
well these are the same there
once by the open occupancy,
equal employment opportunity
commitments. Acquired by the
mvc resolution so forth.
Number number, 2, agree
maintain the site and you need
an orderly manner at all
times. And provide containers.
And the subject for proper
disposal. Treshon others waste
3. The owner agrees that the
following uses shall be
prohibited. Plasma center,
substance abuse facility.
Check cashing invalidation
service, adult entertainment
nightclub, adult
entertainment, retail
business. Temporary and
ongoing firework sales indoor
recreation, entertainment.
That is an event center daily
Emergency Shelter. General
outdoor recreation and
entertainment indoor
recreation. And entertainment
and truck. Stop. For the owner
agrees to submit a revised
site plan showing the required
number of spaces for the
disabled. For the owner agrees
to comply with the lighting
standards that the city of
Indianapolis can solve. Zoning
Subdivision ordinance section
7, 4, 4, Dash 604. And that's
the end of the commitments.
Kathleen, additional comments
from staff. Thank you to the
staff has no further comments.
So subject to the commitments
in the written staff report
and commitments requested by
Township residents
association. I am going to
recommend approval of 2026.
See a Wind, 0, 5, 1, that will
be placed on the docket is the
Metropolitan Development
Commission for SEPTEMBER 16th.
Thank you. Thank you. 2026. Un
0, 5, 5 at 16. 24 East 46th
Street. Good afternoon. Here
Seminole, we're told when in
my address is 2, 1, 1, Avenue
suite, 4, 6, 2, 1, 9, I do
represent petitions seal when
0, 5, 5, The proposal was to
rezone the property from issue
one, 2 of the 5 foot to allow
the construction of a 2 unit
house or duplex. The only
thing that we would add to our
proposal is in 2,502 1005 seal
0, 5, 4, there was a prior
commitment to pave the alley.
And I believe that's when the
church was proposed on this
lot in the adjacent to the
East. The alleys good
condition. We've talked to
staff about it. So we would
ask that petition be
considered for your
recommendation for approval
subject to the termination of
commitment to pay the alley as
previously agreed to under
2005, seal when 0, 5, 4, And
with that, we would answer
questions that you MAY have of
us. So yet just as that
require. The approval petition
to be filed to terminate for
Thank you. MADAM. Hearing my
understanding of our
conversation with MR. Dimon
was that prior to any sort of?
Work being done. And a
follow-up modification would
be filed modification petition
to terminate okay. That
commitment. Okay. His life and
it sounded like we're going to
do it right now. And didn't
think that was possible. I
believe it would just be a
commitment that were already
get an understanding there
that unless a termination of
commitment is files, they
would think that sounds good.
Any other comments, Josh? No
additional comments beyond
that. Thank you. Okay.
Argument. Is that your
understanding that you will
need to file a and approval to
shun to joke that that is
correct. All right. So subject
to. And approve a petition.
Being filed to terminate
commitment to pave the uses an
ally? Yes, an ally. In the
event that the alley, he's not
paint. I am going to recommend
approval of 2026. 0 Winds, 0,
5, 5, And that will be placed
on the docket of the
Metropolitan Development
Commission on SEPTEMBER. 16th.
Thank you so Thank you. Next
is 2020 61. 0, 5, 9, 3, 3, 7
East Morris Street. Is there
anyone else here today on that
petition? Good afternoon. Good
afternoon. MADAM Hearing
Examiner Chris Barnett with
greater in the Habitat for
Humanity at 31. 35 North
Meridian Street. The should be
the simplest one on the
agenda. This property was
donated to Habitat by the
United Methodist Conference of
Indiana. It formerly had a
parsonage on the lot because
we're switching the use,
obviously from religious used
to residential. We are seeking
this rezoning and Robert has
provided a really thorough
analysis. I don't need to say
anymore. All right. Sounds
good to me. Robert, are there
any comments from Seth on this
petition? Thank you to know
staff doesn't have any
additional comments. Okay. So
I am going to recommend
approval of 2026. 0. When 0,
5, 9, That will be placed on
the docket of the Metropolitan
Development Commission on
SEPTEMBER 16th. Thank you.
2020, when 0, 6, 9, and 1, 1,
1, 5, 0 Southeastern Avenue.
Good afternoon. Good
afternoon. And Howard 1, 1, 1,
Southeast Avenue for 6, 2, 5,
9, We're seeking a rezone. 26
acres from su one to to allow
us to build a single-family
home for my wife and my
children. It's okay. And did
or any neighbors interested
when you sent out notice about
this? I didn't get any return
calls anything. Okay. All
right. Are you here in this
petition, sir? Okay, come come
that Come forward, please give
your name and address. Thank
you, Jeremy Taurus. 5, 8, 3,
5, Karen Drive. But it is not
what I thought it was. So I
Don, promise someone building
a house for themselves and
their family. I was just
scared that there's going to
be a whole subdivision being
built on the 26 acres.
Concern. So did you received
the notice? I did. That's why
I came. Okay. I know I to call
anybody. That's a right to
just for future use. When you
get one of those, it gives you
the name of the petitioner
that you can contact or if you
don't want to do that, you can
call the planner that handling
it and then they can into your
questions and save your trip
downtown. Thank you. Okay.
Thank you. Josh. Any comments
from us. Thank you again.
MADAME. Can examine, I would
just similar to the last that
individual who spoke. There
were just a couple questions
and I feel I did not receive
any formal monster in that
case and so that is why staff
felt it appropriate to keep it
here on the expedited docket.
Other than no further
comments, ok? So I am going to
recommend approval of 2026.
See a wind, 0, 6, 9, and that
will be placed on the docket
of the Metropolitan
Development Commission on
SEPTEMBER 16th. Thank you.
Thank you. 2026. See a Wind 0,
7, 3 at 23. 55 North College
and 7.17, East 24th Street.
Use like 23. One Central
Avenue, Indianapolis, Indiana.
We are here to petition to
have 23. 55 North College
Avenue and 7 on 7 East 24th
Street rezone from see one to
allow us to build a new single
family home and detach
structure. Trash. When did you
want to? I? Oh, I'm sorry,
Robert. Thank you. To staff to
7 administrative request on
this petition. The petitioners
name was listed incorrectly on
the legal notice, therefore,
to change that. And then this
will require that you waive
the commission rules to allow
the change. The name change
would be from Jacob
International investment by
and we were, too, Brooke,
Bernhardt by Paul muscle lack.
Nothing else in the request
changes the request and the
address and all that is still
the correct information. This
was just missed. Typed name
staff does recommend approval
of the petition okay and MR.
Mousa, look, I'm assuming that
you have no trouble with me
acting on this change by all
means good. Okay. So I am
going to waive the commission
rules and allow to change the
petitioner's name and
representative from Jacob
International investment by
and reworked to Brooke
Bernhardt by Paul Moose elect.
So again, I I did approve
that. And then I'm also going
to recommend approval of 2026.
When 0, 7, 3, that will be
placed on the docket of the
Metropolitan Development
Commission SEPTEMBER 16. Thank
you, Companion petitions, 2026
Cz and Cpl 8.27 at 2015 Wagner
Lane and threw 36. 69 Van
Buren Street is or anyone else
here today on that petition.
Keith Cruise Line works.
Engineering 63 11 East
Washington street. Sorry. 6
through 11 use Westfield
Boulevard. And then you are
representing the habitat. As
as the consultant. Okay. Okay.
It Thea so. It looks like
staff's recommending approve
the rezoning and then
recommending that the plan to
be approved subject to the 12
conditions. Of the
subdivision, regulations that
are you in agreement with
what? Josh comments from
staff, please. Thank you
again. MADAME Hearing Examiner
Stephen, just note that this
petition was originally
continued since that
continuance, I've not received
any further correspondence
again don't the can we have to
for the comments beyond that?
Okay. So I am going to
recommend approval of 2026 Cz
n 8.27 In the end that will be
placed on the docking of the
Metropolitan Development
Commission on SEPTEMBER. 16th.
I am going to. Approved plat
2026. Cpl. A 27. And find that
the platform dated APRIL 22nd
2026. Complies with the
standards of the subdivision
regulations. Subject to the 12
conditions in the written
staff report. Thank you. Thank
you. And the final expedited
petition, his companion
petitions 2026 e cnn cvr 8.42
38, 30 north Pearl. 38. 0, one
North Temple. 38. 30 Meadows
Drive and 28, 0, 6, and 28, 40
East 38th Street. Again,
anyone else here today on
those petitions. Thank you.
And good afternoon again,
Mysports all Joe Calder and 11
South Meridian representing
the Health and Hospitals
Corporation of Marion County.
This is a clean-up exercise on
the rezoning side. As you see
the blurb, there are. Probably
a half a dozen existing zoning
classifications. There is some
remodeling going on and the
has worked office building,
which is 38. 38, I think most
of us are very familiar with
that building. And as part of
that, there was some parking
to be added to the east and to
the north. But the ordinance
is changed to restrict parking
in front of buildings to one
row. So that's the variance.
The rezoning actually came at
the behest the md to just go
to the special use 9, which is
governmental purposes. And it
makes sense from our
standpoint, just to clean all
this up, this is going to
ultimately be, you know, kind
of treated as one campus for
health and hospital. There's
nothing more In the
development pipeline on on
this parcel of this time. So
that should be a pretty
request for you today. There
was a neighbor that showed up
this afternoon. I spoke traded
voicemails yesterday with her.
Her concern was she just
wanted to make sure didn't
affect her property. And she
that's on Temple, which to the
West. There's nothing really
changing on that side of the
building. So she left
satisfied to our degree. And
I. Councilor graves was and
support when we set out the
notice as well. So answer any
final questions. You MAY have.
Cancer. Gibson counselor
Gibson I am so sorry. No,
that's okay. All right.
Kathleen comments from staff.
Thank you, Stephen. Have no
further comments, but just
Clarify. There were some there
was a letter and staff looked
at it and appeared that was
Henry Mancias. But it was just
basically that they wanted to
more information, but
otherwise staff as success in
support of these petitions.
Okay. And I did read the
letter from cancer. Gibson. I
am going to recommend approval
of 2026. Ccna. 42. That will
be placed on the docket of the
Metropolitan Development
Commission on SEPTEMBER. 16th.
And I'm going to grant 2026
cvr 8.42 subject to the site
plan and adopt the findings of
fact. Thank you so much. Thank
you.
We will now hear the
petition that is on the
petition scheduled for public
hearing docket just as a
reminder, the petitioners will
have 15 minutes for their
chief presentation. Fremont's
traders will also have 15
minutes. We'll hear from staff
and then there will be 5
minutes rebuttal from
petitioner and 5 minutes
rebuttal from remote traitors.
Thank you. MADAM Hearing
examiner petition for public
hearing his 2026 z o and 0, 4,
20, 3 North College Avenue
Center Township Council
District 13. My guest, I'm not
sure should not have
pronounced that right
Investment llc by David
Gillman requesting rezoning
0.1 1 acre from the da
District to the mu to
distribute to provide for a
small mixed use development.
Well, all those intended to
testify on this petition this
afternoon, either for or
against, please stand out and
raise your right hand to be
sworn in. Anybody else. 3
people. Okay. Thank you. Do
you swear or affirm and the
penalties of perjury to tell
the truth and nothing but the
to say I do. Thank you. In the
petitioner MAY come forward,
please. Good afternoon again
for the record. My name is
David Gillman. My address is
2, 1, 1, southward revenue
Swede hb plus 4, 6, 2, 1, 9. I
represent channel Ug. He is
the owner of property at 2, 0,
0, 3, North College Avenue. A
request today before you is to
rezone a parcel from d 8 to
him you to to allow us to
permit a small mixed use
building on a par. So of about
30 her from side, 4300 square
feet. So I've given you a
handout. And if you will go to
tab one. What we want to
demonstrate in the first tab
is that this proposed
rezoning. Is appropriate for
this property for 3 primary
reasons? One. It does bridge
the commercial and residential
areas. The lower level retail
will provide neighborhood
service activities while 2
smaller upper-level apartments
lessons the intensity. As the
site transitions toward nearby
single-family homes. The
second one that matches the
scale of the surrounding
development. The building is
significantly smaller than the
commercial uses to our south,
creating a gentle step down in
height, traffic in intensity.
Again, as you move towards the
residential blocks. It reduces
land, use conflicts. By
combining a small-scale retail
with low-impact residential.
The building avoids a Brit
jump. That would occur with
either for commercial or for
multi-family residential
development along. What I mean
by that is activity patterns
would be different.
Transitions better to a single
family surrounding area and
then it would generate less
traffic. So if you go into the
second tab. But tab will
demonstrate is that we feel
the rezoning is also
appropriate for this area.
It's compatible with parks and
trails. Mixed use. Buildings
are commonly placed near parks
and trails because they
support walkability
small-scale retail and housing
options without overwhelming
area. Supports the Monon Trail
corridor. Retail at the ground
level compliments trail users
with a small residential
component that aligns with
Te'o pattern of modest
neighborhood scale housing.
Winds with modern planning
principles. As you know, mixed
use. Developments are widely
recognized as the best way to
connect commercial corridors
to residential neighborhoods.
Improving walkability and
safety. What I mean by
improving safety. It
encourages walking or biking
more and driving less. And
then it provides long-term
corridor, stability. In this
slide. You'll see an area that
I've marked in yellow. To the
West Central Avenue to the
north 21st Street. To the east
is the monon trail and to the
south is 19th Street. In this
yellow area. There's over 600
plus residential structures.
All of these within a one to 3
minute bike ride. We're 5 to 7
minute walk. The second slide
in tab too. Excuse me. The
available street parking. This
aerial image highlights the
immediate area around the site
in shows several underutilized
on-street parking spaces along
College Avenue. Most of the
surrounding homes have 2, 3,
car garages that are accessed
from alleys. And some with
long driveways that even allow
vehicles to stack for guests.
As a result of these
residents, in our opinion,
rely very little on-street
parking. In addition,
residential parking activity
normally occurs in the
evenings. After nearby
businesses have closed, which
again, further reduces any
overlap or conflict and
parking demand. Tab slide
shows the site plan
highlighting the compact
neighborhood scale. Lay out
pedestrian-friendly design.
You'll also see varied
building setbacks along the
frontage, which incorporated,
which were incorporated. To
create additional space for
bike racks and comfortable
walking areas. The next tab. 4
has 6 slides. These renderings
of the proposed development.
In this slide shows the
College Avenue frontage of the
proposed mixed use building.
With 2 small apartments on the
second level in a neighborhood
serving retell either space or
spaces on the ground level. 4
b. This slide shows a 20 year
street side of the building
with a design is more
pedestrian, focused. You can
see the bike racks, wider
walkways and smaller outdoor
area that create a comfortable
space for people walking or
biking through the
neighborhood. This strategy is
by design, skilled for local
activity from the immediate
neighborhood. The Monon Trail
and mlk Park to our West.
Slide 4 c is just another
perspective of the 20th street
frontage. White Ford e depicts
another view facing college
with the possibility for
pedestrian friendly, small
skilled bistro. Slide. For
this slide provides a bird's
eye view of the entire site.
Showing the compact layout the
varied setbacks that create
space for bike racks and
pedestrians and the overall
circulation designed for small
walkable, mixed use. Building.
And then finally in tab for 4
f the slide highlights a coin
outdoor sitting area. It's
small neighborhood scale
spaces designed for daytime
use. Capped with a 07:00pm
curfew when the retailers
close. This adds a pedestrian
amenity to the site where
remaining fairly respectful to
the nearby homes. In our final
5th tab. In 5 a we have a
neighborhood support email to
Robert. We work closely and
diligently with the Broadway
Park Neighborhood Association.
And there's a part reflects
the commitments we agreed to
in writing. These commitments
were developed to ensure the
project meets their
expectations on uses traffic
and overall compatibility. For
5 b. These are the 10
commitments that we've agreed
to with the neighborhood. I
won't go through them in
detail, but I will highlight
them. They commit they have
restricted uses. We did. We
think we've committed just to
the 7 out of all you to use is
that would be possible. All of
these are less intense uses
and require the same amount of
parking. Elevations and
building materials. We
committed to compliance with
an elevation in standard set
of materials to be used to
ensure a more attractive
building to attract equality.
Potential users. We committed
to the site plan that we
filed. We committed that we
would ask no parking variances
as required by the ordinance.
We've made outdoor activity
restrictions as I mentioned,
the curfew on the outdoor
seating to 07:00pm. No
drive-thru or drive-up service
windows. No outdoor speakers
fully show did ground
lighting. And then finally we
committed to fencing and
landscaping to our north and
east single-family properties.
The final slide in tab 5. My
client has been in direct
contact with the District
during the course of this
entire project. Received 2
separate email responses. And
I want to briefly summarize
his feedback for the record.
And both messages. He was very
favoring of the building's
design and the way it fits
into the existing neighborhood
fabric. He specifically noted
that the project strengthens
the walkability along the
corridor and supports the
character, the surrounding
homes and businesses. His
comments were consistent
across both emails. He sees
this as they will skilled
neighborhood appropriate,
mixed use building. And he
expressed clear support for
the direction we were taking.
We did request a formal letter
last week, but not having been
able to connect with him
because of this busy budget
hearing schedule that is
occurring to right now. Those
are our comments closer
presentation. We would ask
that you for this to the nbc
with a favorable
recommendation. But we're here
to answer questions that you
have for My client, thank And
thank you, MR. Anyone else
want to speak in support of
this petition. Andrey much
traitors. He could state your
name and address, please. My
name is Ali to 1957. North
College Avenue. Indianapolis,
Indiana, for 6, 2, 0, 2, in.
Your you are here in
opposition. Is that right?
Yes, and I for the record, I'm
not trying to say I'm in total
opposition developed, but I'm
all for responsible
development and I have
communicated with both of them
regarding the traffic 20th
Street is very narrow. It's
difficult to see already out
on college. And so adding to
businesses as well as to
residential dwellings. It's
going to definitely increase
the traffic. It's already more
so stressed. And so my
question is, what can be done
about their prior to doing it?
I have to look out for. I'm I
have a business there. I own
the building and also have
other tenants there. So
there's 3 other tenants in the
business in the building. They
face College Avenue. My
business faces 20th Street. We
also have a parking lot. But
then there's the street
parking. So there's. Been a
lot of accidents at that
intersection. And we've even
had and at a mobile hit our
building. So I'm very
concerned about the traffic
him out. They MAY say that,
you know, it's they're
designing it so that people
can bike rei the Monon trail.
It sits on college as people
drive past college is a busy
street. People will stop. And
that will calls for cars in.
He sees it is parking is
underutilized on the street.
But that snapshot showed a
moment in time. I've been
there for 17 years. Just so I
just I feel like that. Well,
I'm not 100% against it. I
don't feel like we're at a
point where everything has
been resolved to move forward
at this time. And if I just
ask you so you have the
building at the southeast
corner of 20th in college. Is
that right? Quite and time
looking at the picture here,
looks like you have parking.
And behind your building or to
the east is arrives at your
parking or is ok and is your
your access than is on 20th
Street current, a quiet. And
you said you've been there 17
years, correct? We've owned
the building about 25 years,
so And I've lived there for
about 17 in my business has
been there for about 6 years.
Okay. That's fantastic. And I
am glad to hear that you have
been speaking with the
petitioner in MISTER Gilman.
Do you have I? The years on
what you think you what you
think needs to be done. So one
thing I asked them about was
if they could have a parking
lot where they would, you
know, to help with some off
street parking something
prevent that. The other thing
is. And I don't know how
possible this would be. But
adding more traffic to that
intersection. And it wouldn't
be on them. But a stoplight it
will reduce the speeding going
down college as well as reduce
the number of accidents that
are at that intersection.
Outside of that. I don't have
anything right off top of my
head. I am open to discussing
to try and find, you know, a
resolution for it. But those
were a couple of things that I
its top my mind in that I had
a couple of questions as well.
Because I understand there's
no dedicated on the drawing.
He had 6 parking spaces. But
those are not dedicated to.
The business. Is that correct?
To me, it looks like it's
parking on 20th Street. So,
you know, in light of public
right away. So which would be
open to anyone? Yes, okay. And
then the other was the
Broadway Neighborhood
Association. Their support
from that. But we are actually
Kennedy King and I don't see
anything that's come from
Kennedy King. And I will let
MISTER Dylan speak to that
rebuttal. Like I don't know.
Okay. I think you mentioned
the possibility of a stoplight
stoplight. And and you
probably know that something
that that has to go through
the city and has to be
warranted and all that. Have
you spoken with counselor
Brown about your idea about
stuff like there? You might
want to if you've ever spoken
with him, but you might want
to just ask him this if he
might be willing to. You know,
to to talk to the city about
whether that's even a
possibility. Do you have any
other comments today? No, just
really want to what we can
figure out in if it needs to,
you know, I understand they're
saying it is a smaller scale,
but they're still 2 businesses
to residential dwellings and
employees will need to park
there the residents who own
the property when they have
guests. I don't. I just feel
like everything is not been
truly taken into
consideration. As far as the
impact. Once the building is
up and the businesses are
running and people are living
there as well. Thank you.
Appreciate your comments.
Anyone else want to speak in
opposition to 2026? E '01, 0,
4, 5, And Robert Staff
comments. Please. Thank The
site is an undeveloped parcel.
It is on the far In the 80's
skews me and the request as a
result of the mu to to allow
for mixed use. This proposed
by the petitioner. They're
being, I believe, to
apartments on the second floor
and commercial retail on the
ground floor. The
comprehensive plan does
recommend traditional
neighborhood for the site
traditional neighborhood does
allow for residential uses.
Also allows for small-scale
offices and small-scale
retailing, which I believe
would be similar. What the
petitioner proposes on the
ground floor. The petitioners,
site plan indicates curbside
parking as opposed onsite
parking. The site is less than
5,000 Square feet. So there's
exception in the ordinance
that on site parking is not
required for any commercial
lot. That is smaller than
5,000 Square feet. The staff
to receive communication from
the Broadway neighborhood who
was on the request of the
commitments. And their
boundary is college. So they
primarily represent the west
side of college. To the King
neighborhood, represents the
east side of college. But
however, staff received no
communication from them. Staff
does recommended this approval
for request as a feels it
would be inappropriate. Infill
development the there is a bus
line up on the site and that
could help accommodate any
need for the lack of parking
for Jays per the adjacent
commercial as well. It is not
a to the bus line. It is a
regular college Avenue best
lawn. With that staff is
recommending approval to have
to answer any questions you
MAY have.
Thank you, Robert
she just to verify you said
that Kennedy King did not
reach out. Right? Correct? I
have no communication from
them. Cake did we did you
receive phone calls? Emails,
ledger, others from anyone
either for or against I
received a communication from
the Broadway neighborhood. At
first requested the original
automatic continuance. And
then earlier this week, I
believe on Monday I received
that they were in support of
its subject to the commitments
that they filed. I did. It did
indicate to them that either
them or the petitioner would
need to read those commitments
into the final since staff
will stop part of the
negotiation, which the
petitioner excuse me, which
the petitioner has in his
exhibit as well. Those are the
same ones that were submitted
to me by email. But other than
that I didn't meet the remote
straighter on site during my
site visit. And there had a
discussion at that point where
there was indication parking
be in difficult are ready
beyond that. No other e-mails
or communication. Okay. All
right. Thank you. So MR. Given
you 5 minutes for rebuttal. If
you could go to, I tend to
slide to be. And leita and I
have talked on a number of
occasions. We've exchanged
e-mails. My client being a
business owner next to her is
committed to continuing a
relationship. But you asked
question, what could sum what
could be done 2 to possibly
make traffic concern better.
If you look on my tab to be
you see a black line that goes
across 20th Street. Everything
on the west side of that line
has a no parking posted on
both sites. When we were out
there talking to Lee that we
would see people pull up and
park and that no parking area
run inside. Get something come
back out and take off. The
other thing we notice is
delivery people are pulling
right up on 20th Street and
getting out taking in their
deliveries or there. Male were
whatever it needs to be done.
And they're using 20th Street
as a place to park right in in
and take care of what they
need to. And not respecting
the 20th Street. And those are
actually parking spaces and
not for loading and unloading.
We think of both business
owners on either side of
college. Would-be business
stewards. Talk to their
customers and their managers.
To avoid deliveries. Being
dropped off on 20th Street in
the required parking spaces.
To respect a no parking areas
on 20th Street in college to
the South. That would a good
start. If you see the light
blue box that I've labeled on
college. That's where the no
parking ends. But of a car
vehicle was parked there. It
literally blocks the
visibility of vehicles
traveling northbound on
college. That lane is closest
to you. So as you approach
college and wanting to make a
left or right. If that area is
blocked and then that creates
and then favorable condition
for the site distance. So when
my closing arguments, we did
work closely with the
neighborhood Association. We
did not have contact with. The
committee after we sent out
notices. But we did receive
obviously comments and
requests to negotiate with.
Broadway Park. Our District
Councilor sent 2 separate
emails expressing real
enthusiasm for the project in
for the walkability
neighborhood skilled design.
We have met directly with
every month straighter. We
agree here at the hearing to
keep communications open. We
think are small. So mixed use
plan helps address the
intersection concerns she
raised as opposed to a full
commercial or for multifamily
development. We think these
traffic concerns that existed
20th in college are largely
preexisting conditions
inherently created by a much
larger, more intense c 3 put
print at that southeast
corner. We think this project
strength strengthens safety
improves walkability and
reduces lane just conflict
through its limited impact
uses and pedestrian focus.
Design. This is a modest,
awful, mixed use, zoning and
building shape with
neighborhood collaboration.
And we respectfully your
approval recommendation to the
mdc. Request to possibly do
surface parking my
understanding a surface
parking is prohibited. Even if
we were to try to do surface
parking through a variance,
what spaces we would getting
on site would be lost because
of our access approach on 20th
Street would eliminate street
parking space. So really
didn't think there would be
any any to go in that
direction. Again, a step
mentioned there's no required
parking for Parcells this mall
for that very reason. We will
certainly continue our
relationship with the lead and
her business managers and
tenants and to make sure that
we both do everything we can
to try to monitor the activity
out on 20th Street again. With
respect to deliveries and
customers. Thank you. Ms
Osborne, you have 5 minutes
rebuttal. Please. One thing I
like to say when I first
started my business there as
well. I looked at the effect
of we're very close to the
Monon trail. And it would draw
in a lot of business from
there. Most people are not
leaving off of the trail.
They're continuing on and you
get more from the traffic on
college. Because they drive
by. They see they see the
signs. They go back and forth
we were standing out there
that day people did pull up
right to the on there at 20th
Street. But one guy he was not
just the look like he was
going to stay right in that
area where you're not supposed
to. But he did pull up
delivery drivers to come. The
postal, guy comes in parks and
he walks alone. But again. As
is stated, it splits open for
parking for anyone. It's still
going to. Increased congestion
in that area. I just still
stand on the whole safety
aspect of it. It's not doing
anything to improve it. And
I'm not saying that that's
their fault. He owns the
property in, you know, is want
to put something there. It
could be beneficial for
everyone in the area. It but
the safety issue is just not
being addressed. And I feel
like that's more important
than anything.
Okay. Thank
you.
I appreciate comments and
again, I appreciate the fact
that you have been talking
with each other and I I would
encourage you to continue to
do that. I'm not sure I I know
that. The Broadway Park
Neighborhood Association is
they have Taking a position a
number of petitions in this
area. I know they're they're
pretty active. In public
hearings. I I don't know if.
Candy King has the same level
of involvement. But I did note
that that they were sent a
legal notice of this hearing.
So they were made aware of it.
This is in my opinion. This is
a unique site not only because
of its small size, but because
fact there's development
around it. And so there are a
lot of restrictions on what
could action actually be
developed on the site. And and
I don't know this for us
sacked, but my guess is trying
to develop the site for. Under
the current da toning would
would probably cause a lot
Issues as far as meeting those
standards. So I do feel like
this is unique site. In my
opinion, the propose mixed use
development. Does conform with
the comp plan. Recommendation
is, as Robert explained,
traditional neighborhood
development which certainly
can include a mixed use
development. I also agree
that. The scale is
appropriate. Don't feel like
the proposed. The use or
building is going to overwhelm
or overpower the site. I'm it
to me. It sounds like I have
certainly gone up and down
college countless times in.
And I know what you're saying
about traffic. Again, in my
opinion, I feel like. Any
traffic issue is already
there. I I don't think that
this particular proposal is
going to. Exacerbate that. So
for those reasons, I am going
to recommend approval of 2026.
Zia when 0 for 5 that would be
placed on the docket of the
Metropolitan Development
Commission on SEPTEMBER. 16th.
And again, I think you all for
coming down this afternoon.
Judy, with their
recommendation will be subject
to the commitments. I am so
sorry, Robert. Yes, that would
be subject to the 10.
Commitments. I think that's
right. Requested by. Bradley
Park Neighborhood Association.
Yes, thank you. Thank you very
much. Thank you. Do we have
any other business before us
today? We are adjourned.