Hearing examiner grants multiple continuances, recommends approvals on six expedited zoning items

The Metropolitan Development Commission hearing examiner granted continuances for multiple land-use petitions and recommended approval of several expedited zoning items for placement on the MDC docket on June 4, 2025.

Why it matters: The continuances move several petitions to later hearing dates, which affects neighbors' opportunity to comment and staff timeframes for required notices and commitments. The hearing examiner’s recommendations put six petitions on the Metropolitan Development Commission agenda for final action.

The hearing examiner opened the session with procedural reminders and then proceeded through a series of special requests. Several petitions were continued at the request of petitioners or staff, most commonly to the June 12, 2025 docket. Examples include MOD003/VAR003 (8302 Michigan Road), MOD005 (7841 Michigan Road), MOD006 (3801 North Raceway Road) and ZON001 (4150 North High School Road), all continued with notice to June 12. Staff explained some continuances were requested because petitioners intended to add acreage or needed more time to secure counsel.

Staff and petitioner representatives also requested shorter continuances or waiver approvals where notice schedules were tight. The examiner granted a one-day written-notice waiver for 2025 MOD003/VAR003 and a six-day waiver of written notice for 2025 CVC813 (vacation/rezoning at 1406 and 1419 South Capitol Avenue); staff did not object to those waivers.

On the expedited portion of the docket — items staff recommended for approval with no known opposition — the examiner recommended the following petitions for placement on the June 4 MDC docket, subject to the commitments in staff reports where noted:

- 2025 ZON016 (2852 East County Line Road) — recommend approval (subject to four written commitments). - 2025 ZON034 (2508 West Michigan Street) — recommend approval (rezoning C-3 to MU-2 to allow mixed-use consistent with the Near West Side neighborhood plan). - 2025 ZON035 (445 Sanders Street) — recommend approval (rezone C-3 to D-8). - 2025 ZON036 (3550 North Washington Boulevard) — recommend approval (rezone D-3 to C-1 to reflect existing office use; INHP representative presented). - 2025 CVC813 (vacation and companion petitions at 1406 and 1419 South Capitol Avenue) — examiner approved a six-day waiver of written notice, found the vacation in the public interest, and confirmed adoption of declaratory resolution 2025 CVC813 amended; the vacation is subject to public utility rights under IC 36-7-3-16. - 2025 ZON043 (2310 Prospect Street) — recommend approval subject to commitments in the staff report.

Staff repeatedly noted that where petitioners had agreed to commitments required in written staff reports, the examiner would place those items on the expedited docket. For several companion petitions (CPL/CVR items) staff and petitioners agreed to short continuances to consolidate hearings or allow additional time for site-plan updates.

The examiner advised petitioners and interested parties about appeal rights: parties dissatisfied with recommendations must file an appeal with the Department of Metropolitan Development within five business days after the hearing and provide required notice to other involved parties.

The hearing concluded after the public hearing portion began; many items were continued, some placed on the expedited docket, and the six items above were recommended for MDC consideration on June 4.

The examiner noted that any commitments agreed to at today’s hearing must be submitted to staff by May 28, 2025 to be included on the June 4 MDC agenda.