For Resolution 18-02, please consult the 14 February 2018 Legislative Packet. All other material and legislation contained herein. For a schedule of upcoming meetings of the Council and the City s boards and commissions, please consult the City s Calendar.
o Memo from Jeff Underwood, Controller Contact: Jeff Underwood at 812-349-3412; firstname.lastname@example.org Philippa Guthrie at 812-349-3426; email@example.com Introduced on 07 February 2018 and discussed on 14 February 2018 Please consult that Legislative Packet issued for the 07 February 2018 Regular Session for legislation and background material. Ord 18-03 To Amend Title 8 of the Bloomington Municipal Code, Entitled Historic Preservation and Protection to Establish a Historic District Re: The Batman-Waldron House at 403 West Kirkwood Avenue (Nancy Garrett, Petitioner) o Aerial Map; o Memo to Council from Rachel Ellenson, Program Manager, Housing
Contact: Rachel Ellenson at 349-3401; firstname.lastname@example.org Philippa Guthrie, at 349-3426; email@example.com Introduced on 07 February 2018 and discussed on 14 February 2018 Please consult that Legislative Packet issued for the 07 February 2018 Regular Session for legislation and background material. Res 18-02 To Establish a Land Use Committee of the Common Council o Memo to Council from Sponsor Councilmember Steve Volan o Copy of BMC text re: Standing Committees o Mock up possible Standing Committee Report Form. Contact: Steve Volan at 812.333.0900; firstname.lastname@example.org Discussed on 14 February 2018. Please consult Legislative Packet issued for that meeting for legislation and background material. Legislation to be Introduced under First Reading at the Regular Session on Wednesday, 21 February 2018
Ord 18-01 To Amend Title 20 (Unified Development Ordinance) of the Bloomington Municipal Code Re: Sidewalk Requirements and Sidewalk Variances Set Forth in BMC 20.05.010, 20.05.051, 20.09.130, 2.09.135 20.11.020 o Memo to the Council, Jacqueline Scanlan, Acting Development Services Manager o Map of City Streets with color-coding of street classifications o City Sidewalk Inventory from 2015 (prepared by Planning and Transportation staff) o Excerpts from BMC Title 20 (Unified Development Ordinance) Annotating Changes Contact: Jackie Scanlan at 812-349-3423, email@example.com Minutes Memo
services and physical improvements. However, HAND Director, Doris Sims, does not plan on adding any program income to the 2018 allocation funds. Citizen Advisory Committees HUD administers CDBG funds and regulates their use. HUD guidelines require the City to develop a Citizen Participation Plan. For decades, the City has used two Citizen Advisory Committees (CACs) to make recommendations regarding the allocation of these funds one committee is dedicated to the review of applications for social services funding, the other is dedicated to reviewing applications for physical improvements. Fourteen community members participated in this year s process. Seven served on the Physical Improvements CAC and seven served on the Social Services CAC.
has four mayoral appointments and one appointment from each of the following: the Council, Redevelopment Commission, Commission on the Status of Children and Youth, and the local office 9th Congressional District. This year, Andy Ruff
outlining their proposal and attend a mandatory training. Completed applications are due in early December. Eligibility and Allocation HUD regulations require that we use at least 70 of these funds for the benefit of low to moderate income persons. The remaining funds may be used to prevent or eliminate blighted areas or to address community development needs arising from serious and immediate threats to the health or welfare of the community. Please note that currently all our funds are leveraged to address low- and moderate- income populations. Please also note that these funds may not be used for general governmental expenses or political activities. Nor may funds be used to purchase equipment, maintain property, or construct new permanent residential structures. HUD regulations require that CDBG funds be allocated among three categories
improvements. Two departments of the City (which is classified as the recipient of these funds), and five agencies3 (which are classified as sub-recipients of these funds) sought a total of 767,926 in funding. The CAC allocated a total of 150,000 for housing assistance; 71,000 for facility improvements; and 234,000
If additional CDBG funds remain after this disbursement then those funds will be equally split between: The City of Bloomington's Planning and Transportation Department and City of Bloomington Utilities. If funds are is less than expected, then: Each funded activity will be reduced by the same percentage. Social Services: If the funds are greater than t h e 105,000 expected for social
Home occupations She notes that the sidewalk requirement is most necessary for the first four categories on the above list along with multi-family development on vacant lots, where no changes are proposed. 4 However, for residential development on vacant lots (what she refers to as infill single family construction on existing lots ) and for home occupations (businesses authorized to operate in residential uses), she argues the requirement is, at worst, onerous, and at best, unlikely to contribute to a network of pedestrian facilities.
subdivisions. 5 Ord 72-20 6 Ord 14-11, 67. Response to Questions Raised at the Internal Work Session She noted concerns from Cms. Chopra and Piedmont-Smith about excusing the requirement for properties immediately adjacent to pedestrian facilities and concerns from Council Office staff about sidewalk construction projects brought to the attention of the Council Sidewalk Committee. In response, she reviewed the 10 new single-family homes7 permitted between May 2014 April 2016 that were not part of a bonded subdivision (where the sidewalk requirement could be more easily enforced and lead to a more uniform result) and found that none were adjacent to pedestrian facilities or appeared on the Council Sidewalk Committee Priority Sheet. In regard to the Priority Sheet, she found that 22 of the 53 projects (41 ) were on non-classified (neighborhood streets) where the sidewalk requirement would no longer apply. Of those 22 projects (including all of Bryan Park Neighborhood) roughly 24 lots and 9 half-lots would be affected by the current proposal.
regard. Import the provision on variances for sidewalk requirements into the provision on the variances from the development standards in general; and change the findings associated with the sidewalk variance to elaborate upon what constitutes practical difficulties ; Require P T staff to prepare and record a Zoning Commitment upon approval of the Determinant Sidewalk Variance alerting all that future installation may be required; and Add a definition for Determinant Sidewalk Variance 1. Amend BMC 20.05.010 AT-01 (Alternative Transportation-General) to Exempt New Single-Family Residences Built on Existing Legal Lots of Record
After the effective date of this title, no building or structure or any portion thereof, or use of land, whether existing or hereafter established, shall be established, altered, changed, erected, constructed, reconstructed, moved, divided, enlarged, demolished or maintained except in compliance with the development standards of this chapter, except as otherwise hereinafter provided. The purpose of BMC 20.05.010 (Alternative Transportation General) is: To reduce traffic congestion in the city of Bloomington and improve the
trails, and other facilities throughout the city. In furtherance of this purpose, this section provides standards for paths (including sidepaths and connector paths), sidewalks, trails, bike lanes, and transit facilities
This change would no longer require the following residential development to include any of these AT-01 requirements when submitting a site plan under BMC 20.09.120: New single family residences o On Existing Legal Lots of Record8 o Along non-classified (i.e. neighborhood or local)9 Streets; and
by this ordinance address variances to development standards in general (BMC 20.09.130) and variances regarding sidewalks in particular (20.09.135). The change imports 20.09.135 (sidewalk variances) into 20.09.130 (development
subdivisions. upon, and peculiar to, the property that can be relieved by the grant - and read as follows: The approval will not be injurious to the public health, safety, morals, and general welfare of the community; and
The strict application of the terms of the Unified Development Ordinance will result in practical difficulties in the use of the property; that the practical difficulties are peculiar to the property in question; that the Development Standards Variance will relieve the practical difficulties.
These findings address difficult topography and probable lack of pedestrian use, and read as follows: That the topography of the lot or tract together with the topography of the adjacent lots or tract and the nature of the street right-of-way make it impractical for construction of a sidewalk; or That the pedestrian traffic reasonably to be anticipated over and along the street adjoining such lot or tract upon which new construction is to be erected is not and will not be such as to require sidewalks to be provided for the safety of pedestrians. Along with those two findings tied to removal of sidewalk requirement, the current
Standard Variances) that Requires a Zoning Committee upon Granting of a Determinate Sidewalk Variance This change adds a provision to BMC 20.09.130 that requires P T staff to prepare and record a Zoning Commitment upon approval of the Determinant Sidewalk
Posted Distributed: Friday, February 16, 2018 * Members of the public may speak on matters of community concern not listed on the agenda at one of the two public comment opportunities. Citizens may speak at one of these periods, but not both. Speakers are allowed five minutes; this time allotment may be reduced by the presiding officer if numerous people wish to speak.
As a quorum of the Council is expected to be present, this gathering will constitute a meeting of the Common Council under Indiana Open Door Law (I.C. 5-14-1.5). For that reason, this statement provides notice that this meeting will occur and is open for the public to attend, observe, and record what transpires.
SECTION 2. In the event the City of Bloomington receives more or less of the anticipated funding, that amount shall be distributed in the following manner: Physical Improvements: If the City of Bloomington s actual 2018 CDBG allocation for Physical Improvements exceeds 455,000 then the remaining funds will be dispersed equally between LifeDesigns, Centerstone and Boys and Girls Clubs until those activities have been fully funded. If additional CDBG funds remain then those funds will be equally split between the City of Bloomington s Planning and Transportation Department and City of Bloomington Utilities. If the City of Bloomington s actual 2018 CDBG allocation for Physical Improvements is less than 455,000 then each funded activity will be reduced by the same percentage. Social Services: If the 2018 funding level is greater than 105,000 then overage funds will be distributed as follows: If the overage is greater than or equal to 9,000, then the overage funds will be distributed such that (1) Community Kitchen, Boys and Girls Club, and Mother Hubbard's Cupboard will receive full funding for their requested amount, and (2) the remaining funds will be divided equally among Hoosier Hills Food Bank, Monroe County United Ministries, and Middle Way House. If the overage is less than 9,000 then the priority will be to fund, up to the maximum fund request for these agencies in the following order: Community Kitchen, Boys and
If the 2018 funding level is less than 105,000 then the shortage will be distributed as follows: If the shortage is equal to or less than 4,000 then equal amounts will be subtracted from Monroe County United Ministries and Middle Way House. If the shortage is greater than 4,000 then 2,000 will be subtracted from Monroe County United Ministries and Middle Way House, and the remaining shortage amount will be equally subtracted from Hoosier Hills Food Bank, Mother Hubbard's Cupboard, Boys and
Municipal Code entitled, Zoning , including the incorporated zoning maps, and incorporated Title 19 of the Bloomington Municipal Code, entitled Subdivisions , went into effect on February 12, 2007; and WHEREAS, the Unified Development Ordinance ( UDO ) regulates development and architectural standards within the City of Bloomington; and WHEREAS, the UDO contains regulations in which sidewalk construction is a mandatory
procedures and standards set out in Chapter 20.09: Processes, Permits and Fees, may grant variances from the development standards applicable to the zoning district in which the subject property is located. (2) Effect of Approval of Variances from the Development Standards: The grant of
(f) Determinate Sidewalk Variance Considerations: While not to be included as separate findings of fact, items to consider when determining the practical difficulties or peculiar conditions associated with a determinate sidewalk variance include, but are not limited to:
under Subdivision 20.09.130(j)(1)(A), Subdivision 20.09.130(j)(1)(B), or Subdivision 20.09.130(j)(1)(C) above. SECTION 4. Section 20.09.135, entitled Sidewalk and Determinate Sidewalk Variances, shall be deleted. SECTION 5. Section 20.11.020, entitled Defined Words shall be amended to include the following: Variance, Determinate Sidewalk: A temporary variance from sidewalk construction
any person or circumstance shall be declared invalid, such invalidity shall not affect any of the other sections, sentences, provisions, or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable.
The current regulations are sometimes onerous for single-family home construction on existing legal lots of record and the variance criteria appear to be more applicable to a city that is primarily developing greenfield subdivisions. In Bloomington, the sidewalk requirement is most necessary in new subdivisions, commercial development, and multifamily development, and no changes are proposed for those situations. Currently, infill single-family home construction on existing lots requires building sidewalks along any street frontage, even in areas where there are no existing sidewalks and no future sidewalk connection is planned or realistically anticipated. The intent of the regulation was to help the pedestrian network expand incrementally, but the reality of the application of the regulation is that owners of existing lots of record are required to build sidewalk even with no connection to existing or proposed pedestrian infrastructure. This creates the sidewalk to nowhere effect where a city block contains only one 50-60 foot long swath of sidewalk. The Department presented the amendment to the Bicycle and Pedestrian Safety Commission at its December meeting. A quorum was not present, but those in attendance were supportive of the amendment. The proposal was discussed at the Council Work Session on January 26, 2018. Council members Chopra and Granger raised concerns about the implications on lots immediately adjacent to existing pedestrian facilities. Mr. Sherman raised concerns related to exempting properties in the Council Sidewalk Committee s priority areas. Planning and Transportation staff offered to analyze existing data to attempt to ascertain the effects of the Department s proposal on the areas of concern. Of the 10 new single-family homes permitted between May 2014 and April 2016 (the last period for which this data was compiled) that were not part of a bonded subdivision, none were adjacent to existing facilities and none appear on the Council Sidewalk Committee s priority list. Mr. Sherman provided staff with the CSC s 2018 priority list, highlighting 22 projects on non-classified (neighborhood) streets. There are an additional 31 projects listed on classified streets. Of the 22 projects, including the entirety of the Bryan Park Neighborhood, a total of roughly 24 lots and 9 half-lots could be affected by the current proposal. Based on data available on the Council website, 11 projects were funded in 2016 (the last year for which data was listed), with the previous typical average being between 3 and 7 projects funded per year. The changes proposed are described below.
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