IN - Bloomington: COMMON COUNCIL

Get alerted when your passions are being discussed in Bloomington, Monroe and more for free

Issues discussed this meeting include:

Get Alerts On New Meetings
Sign Up
When and Where is the Next Meeting?
[ See More ]

COMMON COUNCIL

Office of the Common Council P.O. Box 100

Tagged Passions:council

401 North Morton Street Bloomington, Indiana 47402

No additional detail provided

Tagged Passions:streets

812.349.3409 council@bloomington.in.gov

No additional detail provided

Tagged Passions:council

City of Bloomington Common Council

Legislative Packet Wednesday, 21 February 2018 Regular Session
Tagged Passions:council

For legislation and background material regarding Ordinance 18-02, Ordinance 18-03, please consult the 07 February 2018 Legislative Packet.

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.

Tagged Passions:boards and commissions, ordinance, and council

City of

Bloomington Indiana City Hall 401 N. Morton St. Post Office Box 100 Bloomington, Indiana 47402

Office of the Common Council

(812) 349-3409
Tagged Passions:council

Fax: (812) 349-3570

email: council@bloomington.in.gov

No additional detail provided

Tagged Passions:council

To: Council Members

No additional detail provided

Tagged Passions:council

From: Council Office

No additional detail provided

Tagged Passions:council

Re: Weekly Packet Memo

Date: February 16, 2018

Packet Related Material Memo Agenda Notices: Town Hall Meeting on New Critical Incident Response Team (CIRT) Vehicle in the Council Chambers on Tuesday, February 20, 2018 at 6:30 pm Legislation for Consideration under Second Readings and Resolutions at the Regular Session on 21 February 2018

Res 18-04 To Approve Recommendations of the Mayor for Distribution of Community Development Block Grant (CDBG) Funds for 2018

o Memo to the Council from Doris Sims, Director of HAND; o Eligibility - Excerpt from CDBG Regulations; o Redevelopment Commission Res 18-07 and Exhibits A and B; o Summary of Recommendations with Descriptions of Social Services Programs and Physical Improvement Projects to be Funded this Year;
Tagged Passions:boards and commissions, services, council, development, social services, program, regulation, cdbg, funding, grant, Development, and community development

o
Social Services: Membership; Calendar; Funding Criteria and Ranking System; and, Allocation Work Sheet;

Tagged Passions:services, social services, and funding

o
Physical Improvements: Membership; Calendar; Citations to Consolidated Plan; Allocation Work Sheet.

Contact: Doris Sims at 812-349-3420, simsd@bloomington.in.gov

To be considered on 21 February 2018. Please consult this packet for the legislation and background material.

Ord 18-02 An Ordinance Re-Establishing Cumulative Capital Development Fund Under IC 36-9-15.5

o Memo from Jeff Underwood, Controller Contact: Jeff Underwood at 812-349-3412; underwoj@bloomington.in.gov Philippa Guthrie at 812-349-3426; guthrip@bloomington.in.gov 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

Tagged Passions:manager, ordinance, council, development, program, historic, housing, Development, and preservation

and Neighborhood Development Department;

Tagged Passions:development, neighborhood, and Development

o
Application o Staff Report to Council tying Designation to Criteria o Map o Photos of House Exterior and Grounds

Contact: Rachel Ellenson at 349-3401; ellonsor@bloomington.in.gov Philippa Guthrie, at 349-3426; guthriep@bloomington.in.gov 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; volans@bloomington.in.gov 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

Tagged Passions:council

(with Legislation and Background Material Contained in this Packet)

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, scanlanj@bloomington.in.gov Minutes Memo

Tagged Passions:streets, manager, services, ordinance, council, development, UDO, Pedestrian, planning, transportation, and Development

Town Hall Meeting Tuesday at 6:30 pm

pm on Tuesday evening for a Town Hall meeting on the new Critical Incident

Response Team (CIRT) vehicle. Since a quorum of the Council may attend, a notice has been prepared and posted which recognizes that, although it is not a Special
Tagged Passions:recognition and council

Session of the Council, it is a meeting of the Council where the public may attend,

observe, and record what transpires. More about the meeting will be relayed once the details are known. Items for Consideration and Introduction at the Regular Session on Wednesday, February 21st There are four items ready for consideration under Second Readings and Resolutions
Tagged Passions:council

and one item ready for introduction under First Readings next Wednesday night. As

noted above, this packet and the packets issued for the Regular Session on 07

No additional detail provided

February 2018 and the Committee of the Whole on 14 February 2018, will need to be

consulted for the various legislation and background material.

Resolutions and Second Readings Item One - Res 18-04 - CDBG Allocations for 2018 The first of four items under Second Readings and Resolutions is Res 18-04. It approves the Mayor s recommendations for allocating Community Development Block Grant (CDBG) funds for 2018. The City receives CDBG funds from the
Tagged Passions:development, cdbg, funding, grant, Development, and community development

U.S. Housing and Urban Development Department (HUD). As an entitlement city, 1 our portion is largely determined by several objective measures of

Tagged Passions:development, housing, and Development

community need including: level of poverty, age of housing stock, over-crowded

housing and population growth. Funds may be used for social services, physical improvements, and administration. 2018 CDBG Funds The City expects to receive 700,000 in CDBG funding this year -- the same amount as in 2017. In 2017, the City received an additional 69,074 than
Tagged Passions:services, poverty, social services, cdbg, funding, growth, and housing

anticipated. As you are aware, in recent years anticipated funding for CDBG has

No additional detail provided

Tagged Passions:cdbg and funding

declined. For example, in 2008 the City was eligible for 842,024 in funds,

approximately 140,000 more than this year.
Tagged Passions:funding

In addition to annual federal CDBG allocations, federal law provides that any

No additional detail provided

Tagged Passions:cdbg

program income generated from the use of CDBG funds may be used for social

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.

Tagged Passions:services, social services, program, cdbg, and funding

1
An entitlement city is a metropolitan city with a population in excess of 50,000.

The former has four mayoral appointments, one appointment from the
Tagged Passions:appointments

Redevelopment Commission, and one appointment from the Council. The latter

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

Tagged Passions:boards and commissions, appointments, council, and youth

served as the Council appointment to the Physical Improvements CAC, while

Susan Sandberg served as the Council appointment to the Social Services CAC. Both CACs typically work from November through January. In the fall, they hold an organizational meeting, may make site visits, and then review the ranking system and funding criteria. In January, they hold public hearings (carried on CATS) to consider and make recommendations regarding the applications. In February, the Redevelopment Commission reviews the recommendations and forwards its decision to the Mayor, who then forwards them to the Council. The recommendations this year, as in past years, have come forward without change.
Tagged Passions:hearing, pets, boards and commissions, services, appointments, council, social services, and funding

Agencies interested in applying for funds are on a schedule that begins in

No additional detail provided

Tagged Passions:funding

September, when the application and submission information become available.

At that time, they have an opportunity to attend a general information meeting to

ask questions about CDBG. Then, in October they must submit a letter of intent

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

Tagged Passions:property, purchasing, development, blight, health, training, equipment, regulation, cdbg, funding, Development, and community development

according to the following formula: no more than 15 may be allocated for social

service programs; no more than 20 may be used for administrative costs; and, at

Tagged Passions:program

least 65 must be used for physical improvements.

This year, the CDBG CAC allocated the maximum allowable in each category:

Social Services 105,000 (15 ) Physical Improvements 455,000 (65 ) Administration 140,000 (20 )
Tagged Passions:services, social services, and cdbg

Social Services Funding

Under local rules, agencies may apply for a maximum of 25,000 per social
Tagged Passions:services, social services, and funding

services program. This year eight agencies sought 195,000 and six agencies were

recommended to use the 105,000 which was available for allocation. The CAC s recommended allocations are as follows2: Agency Award (Request) Emergency Needs Community Kitchen 24,000 ( 25,000) Mother Hubbard s Cupboard 20,000 ( 25,000) Hoosier Hills Food Bank 19,000 ( 25,000) Middle Way House Emergency Services 10,000 ( 25,000) Subtotal: 73,000 ( 100,000) Non-Emergency Programs Boys Girls Clubs of Bloomington 22,000 ( 25,000) Monroe County United Ministries 10,000 ( 25,000) Big Brothers/Big Sisters
Tagged Passions:services, program, and emergency

South Central Indiana Housing Opportunities

Tagged Passions:housing

0
( 25,000)

0
( 20,000)

Subtotal 32,000 ( 95,000)

2
In a change made in 2013, the Social Services CAC ranked projects on a 100-point rather than a 50-point rating system. Key changes to the rating system at that time also included giving more weight to program need and

eliminating a 5-point factor based upon the evaluator s subjective judgment. In brief, the rating system was tied to how well the applicant: documented the need for the program in this community (35 points); demonstrated its ability to evaluate and document the effectiveness of the program (30 points); demonstrated that it primarily serves low-income individuals and residents of the City (20 points); and detailed the use of the funds and demonstrated that at least 50 of the funding came from other sources (15 points).
Tagged Passions:services, poverty, social services, program, and funding

As in the past, the final decision was based solely on the ratings and without knowing the name of the agencies.

No additional detail provided

Physical Improvements HUD requires that funding for all projects and programs be tied to HAND s Consolidated Plan (linked). This year, 455,000 was available for physical

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

Tagged Passions:program, funding, facility, and housing

for community-wide infrastructure programs. Two City departments were

awarded 234,000 or about half of the funds for public infrastructure projects.
Tagged Passions:program and funding

Note that the significant role of City departments is due, in large part, to the wide-

reaching effect of these programs compared to the programs run by non-City
Tagged Passions:program

agencies. Please also note that most cities, as the recipient, keep and administer all of the physical improvement funds. The particular projects and allocations are

set forth below: Agency Award (Request) Housing Assistance

Tagged Passions:funding and housing

Bloomington Housing Authority Crestmont -- Interior Renovations

150,000 ( 150,000) Subtotal 150,000 ( 150,000) Facility Improvements Middle Way House Improve computer and data storage area at 388 South Washington Street

Tagged Passions:streets, facility, and housing

0
( 19,000)

Centerstone Blair House Interior Rehabilitation Boys and Girls Clubs- Soundproofing Gymnasium 40,000 ( 50,000) 20,000 ( 37,000) LifeDesigns facility rehabilitation at 2727 North Dunn and 1701 East Winslow Drive Subtotal 11,000 ( 11,926) 71,000 ( 117,926)
Tagged Passions:facility

3
For the purposes of this summary the term agency includes the Bloomington Housing Authority and Monroe County Community School Corporation (MCCSC).

Tagged Passions:education and housing

Community-Wide Infrastructure Improvements COB: Planning and Transportation- Adams-Kirkwood-3rd

Pedestrian Improvements 94,000 ( 300,000)

Tagged Passions:Pedestrian, planning, and transportation

City of Bloomington Utilities- Broadview Sanitary

Sewers 140,000 ( 200,000) Subtotal 234,000 ( 500,000) In the event of a Funding Differential As noted in the opening paragraph, the funding figure is an estimate and HUD may send the City more or less than the expected amount of funds. For that reason, the recommendation and resolution direct the surplus or shortfall to be allocated in the following manner as recommended by the two Citizen Advisory Committees (CACs): Physical Improvements: If the funds are greater than the 455,000 expected for physical improvements then: The surplus will be equally dispersed between:
Tagged Passions:Utility, surplus, utility, events, funding, and sewer

LifeDesigns, Centerstone and Boys and Girls Clubs until those activities have been fully funded.

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

Tagged Passions:services, Utility, social services, utility, cdbg, funding, planning, and transportation

services programs, 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:
Tagged Passions:services, program, and funding

(1) The Community Kitchen, Boys and Girls Club, and Mother Hubbard's Cupboard will receive full funding for

their requested amount; and
Tagged Passions:funding

(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 Girls Club, and Mother Hubbard's Cupboard If the funds are 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 Girls Clubs, and Community Kitchen.
Tagged Passions:funding

First Reading

Item One Ord 18-01 (Amending the Unified Development Ordinance) Re: Sidewalk Requirements and Sidewalk Variances The one item for introduction under First Reading is Ord 18-01. It comes forward from Plan Commission action in January and would amend provisions in Title 20
Tagged Passions:streets, boards and commissions, ordinance, development, UDO, Pedestrian, and Development

(Unified Development Ordinance [UDO]) regarding the requirement for installing

new sidewalks in certain residential areas and variances from those requirements. This summary draws, in part, upon the material (including the memo) from Jackie

Tagged Passions:streets, ordinance, development, UDO, Pedestrian, and Development

Scanlan, Acting Development Services Manager, and, in part, on other information

in the Council Office. In her memo, Scanlan notes that the installation of sidewalks are required for all new: Subdivisions; Commercial/Industrial development on vacant lots;
Tagged Passions:commercial, streets, manager, services, council, development, blight, Pedestrian, subdivision, industrial, and Development

Commercial/Industrial additions to existing development;

No additional detail provided

Tagged Passions:commercial, development, industrial, and Development

Multi-Family additions to existing development;

No additional detail provided

Tagged Passions:development and Development

Residential development on vacant lots, both single-family; and multi- family; and

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.

Tagged Passions:streets, development, blight, Pedestrian, construction, Development, and business

Since 1972, the City has required the construction of a sidewalk adjacent to public

streets in conjunction with the construction of a dwelling or building and provided for an appeal which lift the requirement entirely (sometimes called an
Tagged Passions:streets, Pedestrian, and construction

indeterminate variance and sometimes called a sidewalk variance) and a deferral of the requirement (a determinate variance). Those provisions first appeared in

Title 12 (Streets)5 and, in 2014, were relocated to Title 20 as part of a larger reorganization.6

Tagged Passions:streets and Pedestrian

Scanlan argues that these requirements appear more applicable to a city that is primarily developing greenfield subdivisions where the pedestrian network [would] expand incrementally under this kind of rule as the properties developed. However, at this point in our development, staff sees the requirement apply to a

No additional detail provided

Tagged Passions:development, Pedestrian, subdivision, and Development

patchwork of existing lots of record [some] with no connection to existing or proposed pedestrian infrastructure [and thereby] creat[ing] the sidewalk to nowhere effect where a city block contains only one 50-60 foot long swath of sidewalk,

Tagged Passions:streets and Pedestrian

4
Please know that 20.07.040 (Pedestrian Network Standards) sets forth standards for pedestrian facilities for

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.

Tagged Passions:streets, council, Pedestrian, subdivision, bond, parks, neighborhood, and construction

She notes the slow pace of funding, where between 3 7 projects are funded per year, but does not address the high cost of sidewalk projects. These costs cover

design, acquisition of right-of-way [both temporary and permanent if necessary], construction of the sidewalk as well as construction of the associated stormwater facilities necessitated by the project) and can easily reach 100,000s for a small block.
Tagged Passions:streets, Pedestrian, stormwater, construction, and funding

Note: As Administrator for the Council Sidewalk Committee, I am concerned that,

although the sidewalk requirement does not work well for the patchwork of vacant lots in largely built-out areas of the City, the requirement should not be eliminated

Tagged Passions:streets, administrator, council, and Pedestrian

without a careful exploration of how it could work better.

Changes There are five main changes in this proposal which: Exempt all new single-family residences built on existing legal lots of record on neighborhood streets and any additions to existing residential structures from the site plan requirement to include the construction of sidewalks; Remove the requirement for the installation of pedestrian and bicycle facilities as part of an approval for a home occupation;
Tagged Passions:streets, legal, Bicycles, Pedestrian, neighborhood, construction, and bicycles

7
Note this requirement also would apply to additions to residential structures and no data was provided in that

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

Tagged Passions:legal, development, Pedestrian, zoning, transportation, and Development

on Non-Classified Streets and Any Additions to Existing Residential

Tagged Passions:streets

Structures from the Sidewalk Construction Requirement as Part of the Site

Plan Review
Tagged Passions:streets, Pedestrian, and construction

BMC 20.05.010 (Alternative Transportation General) is one of the development standards set forth in Chapter 20.05 of the UDO. As explained in the introduction

(BMC 20.05.001), this chapter controls what development standards are required
Tagged Passions:development, UDO, transportation, and Development

and when and where they apply:

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

Tagged Passions:compliance, development, traffic, transportation, and Development

health, fitness and quality of life of Bloomington's residents by providing

Tagged Passions:health

safe, convenient, and attractive alternative transportation paths, sidewalks,

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

Tagged Passions:streets, Bicycles, Pedestrian, trails, bicycles, and transportation

(including shelters and bus turnout areas) and requires the inspection and

No additional detail provided

Tagged Passions:Public Transit

acceptance of these facilities prior to the issuance of final certificate of occupancy.

Please note that, according to this section, sidepaths, trails, and bike lanes (but not
Tagged Passions:Bicycles, trails, and bicycles

sidewalks or something like sidewalk corridors) are identified in the Bicycle and

Tagged Passions:streets, Bicycles, corridor, Pedestrian, and bicycles

Pedestrian Transportation and Greenways System Plan.

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

Tagged Passions:streets, legal, development, Pedestrian, parks, neighborhood, transportation, and Development

Any additions to existing residential structures.

Enclosed with this summary are:

Map of City Streets color-coded for classification

A 2015 Sidewalk Inventory prepared by Planning and Transportation including sidewalks, sidepaths, trails, connectors, and roadwalks.
Tagged Passions:streets, Pedestrian, trails, planning, and transportation

2.
Amend BMC 20.05.051 (Home Occupation General - Development Standards) to Remove the Installation of Bicycle and Pedestrian Facilities

No additional detail provided

Tagged Passions:development, Bicycles, Pedestrian, bicycles, and Development

from the Development Standards Associated with the Approval of Home

Occupations BMC 20.05.051 addresses the development standards for Home Occupations 10 (which require a conditional use approval) and removes the requirement that approvals in residential and non-residential districts include the installation of bicycle (i.e. bike racks) and pedestrian facilities. According to the memo, the
Tagged Passions:development, Bicycles, Pedestrian, bicycles, and Development

8
Lot of record means a lot which was created by subdivision, the plat of which has been approved as required by

No additional detail provided

Tagged Passions:subdivision and zoning

applicable city and state law and recorded in the office of the Monroe County recorder; or a parcel of land, the

No additional detail provided

Tagged Passions:property

bounds of which have been legally established by a separate deed and duly recorded in the office of the Monroe

County recorder. Legally established means not in violation of any city or state subdivision regulations existing at
Tagged Passions:subdivision and regulation

the time the lot was established by deed. Also, a parcel described by a single deed containing more than one metes

and bounds description shall be one lot of record unless the parcels described by such separate descriptions have, in the past, been lawfully established parcels of record with separate deeds. 9 Street classifications are set forth in the Master Thoroughfare Plan and include: Neighborhood Streets, Secondary Collector, Primary Collector, Secondary Arterial, and Primary Arterial classifications. Non-classified streets are Neighborhood Streets. 10 According to BMC 20.11.020 (Definitions) a Home occupation means an accessory use of a single-family or multifamily dwelling unit which complies with the requirements of the Unified Development Ordinance.
Tagged Passions:streets, property, ordinance, development, UDO, neighborhood, and Development

intent of this change is make this facilities an option for the petitioner in order to retain the residential character of the property.

Tagged Passions:property

3.
Delete BMC 20.09.135 (Sidewalk and Determinant Sidewalk Variances)

and Incorporate that Provision into BMC 20.09.130 (Development Standards Variance) with Some Changes

Tagged Passions:streets, development, Pedestrian, and Development

Chapter 20.09 presents Processes, Permits, and Fees and the two sections changed

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

Tagged Passions:streets, ordinance, development, Pedestrian, and Development

standards variances) and make some related changes. Please know that 20.09.135

includes the two types of sidewalk variances mentioned earlier in this summary one that removes the requirement entirely (sidewalk variance) and another that

Tagged Passions:streets and Pedestrian

merely defers the requirement (determinate sidewalk variance).

The intent of the BMC 20.09.130 is to provide a means for excusing a petitioner
Tagged Passions:streets and Pedestrian

from one or more of the development standards:

that will not be contrary to the public interest, where, owing to special conditions, literal enforcement of the Unified Development Ordinance will result in practical difficulties, and so that the spirit of the Unified
Tagged Passions:ordinance, development, UDO, and Development

Development Ordinance shall be observed and substantial justice done.

The grant of a variance may be done only after a hearing which may be conducted

Tagged Passions:hearing, ordinance, development, grant, and Development

either by the Board of Zoning Appeals or by a Hearing Officer. The grant of

Tagged Passions:hearing, grant, and zoning

variance has the effect of authori[izing] the development and establish[ing] the terms of use and is also subject to site plan requirements, all necessary approvals, and other applicable requirements. Note that these variances not apply to Chapter 20.06 (Subdivision Types) nor Chapter 20.07 (Design Standards).11

In order to grant any variance, there must be three findings of facts. These appear in both provisions of the current code and also appear in the proposed one
Tagged Passions:development, subdivision, grant, and Development

consolidated provision. They address: injury to public health and safety; adverse

Tagged Passions:health

effect on the use and value of adjacent property; and practical difficulties imposed

No additional detail provided

Tagged Passions:property

11
See 20.07.140 PN-01 (Pedestrian network standards) for sidewalk-related design standards that apply to

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

Tagged Passions:streets, property, Pedestrian, subdivision, health, and grant

The use and value of the area adjacent to the property included in the Development Standards Variance will not be affected in a substantially

Tagged Passions:property, development, and Development

adverse manner; 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.

Tagged Passions:property, ordinance, development, UDO, and Development

In addition, there are other findings of fact that, in essence, elaborate upon the

practical difficulties that are the basis of the third finding (above). In the current code, two apply to the removal of the requirement for a sidewalk in its entirety.

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

Tagged Passions:streets, Pedestrian, construction, and traffic

code also includes three others that apply to the deferral of the requirement. They

address: the absence of, and lack of need for, sidewalks; the presence of pedestrian

Tagged Passions:streets and Pedestrian

facilities on the other side of the street; and, the value of deferring the installation

until it can be done to uniform effect - and read as follows: The adjacent lot or tracts are at present developed without sidewalks and there is no reasonable expectation of additional sidewalk connections on the
Tagged Passions:streets and Pedestrian

block in the near future; or

The location of the lot or tract is such that a complete pedestrian network is present on the other of the street on the same block; or Uniformity of development of the area would best be served by deferring sidewalk construction on the lot or tract until some future date. The proposed changes combine all of the five findings under one section as findings to be made when considering the practical difficulties remedied by the
Tagged Passions:streets, development, Pedestrian, construction, and Development

deferral of sidewalks. It s my understanding that the first two findings, which previously applied to sidewalk variances, would, as a matter of practice, continue

to be applied as an elaboration of the general practical difficulty finding.
Tagged Passions:streets and Pedestrian

4.
Add a Provision to the Consolidated BMC 20.09.130 (Development

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

Tagged Passions:development, Pedestrian, grant, zoning, and Development

Variance which alerts all that future installation may be required in the future.

Please note that, as a result of the consolidation of BMC 20.09.130 and 20.09.135, the language regarding the Duration of sidewalk variances are the same as other

Tagged Passions:streets and Pedestrian

development standard variances. Under the deleted provision, a determinate

sidewalk variance continues in effect until the date the BZA or Hearing Officer sets for reconsideration and all such variances expire at that time unless extended.

Tagged Passions:streets, hearing, development, Pedestrian, and Development

Upon expiration, the property owner must construct the sidewalk. Under the

Tagged Passions:streets, property, and Pedestrian

consolidated provision (20.09.130), development standard variances expire as

Tagged Passions:development and Development

specified at the time of approval. But, if not specified at that time, those variances

expire three years after granted unless, a building permit has been obtained and construction has commenced (where construction was involved) or, in other cases, the certificate of occupancy has been issued or the use has commenced.
Tagged Passions:construction and grant

5.
Add a definition for Determinate Sidewalk Variance to BMC 20.11.020

No additional detail provided

Tagged Passions:streets and Pedestrian

This changes the following definition to the Code:

Variance, Determinate Sidewalk: A temporary variance from sidewalk construction requirements that may be rescinded by the City at any time if there is a change to the characteristics or context that justified the variance
Tagged Passions:streets, Pedestrian, and construction

related to the property or surroundings.

Posted Distributed: Friday, February 16, 2018
Tagged Passions:property

NOTICE AND AGENDA

BLOOMINGTON COMMON COUNCIL REGULAR SESSION
Tagged Passions:council

6:30 P.M., WEDNESDAY, FEBRUARY 21, 2018

I.
ROLL CALL

No additional detail provided

II.
AGENDA SUMMATION

No additional detail provided

III.
APPROVAL OF MINUTES FOR: 24 October 2017 Special Session 07 November 2017 Special Session

No additional detail provided

IV.
REPORTS (A maximum of twenty minutes is set aside for each part of this

section.)

1.
Councilmembers

2. The Mayor and City Offices

3.
Council Committees

No additional detail provided

Tagged Passions:council

4.
Public*

No additional detail provided

V.
APPOINTMENTS TO BOARDS AND COMMISSIONS

No additional detail provided

Tagged Passions:boards and commissions and appointments

VI.
LEGISLATION FOR SECOND READING AND RESOLUTIONS

No additional detail provided

1.
Resolution 18-04 - To Approve Recommendations of the Mayor for Distribution of

Community Development Block Grant (CDBG) Funds for 2018 Committee Recommendation: None Matter did not go to Committee of the Whole

Tagged Passions:development, cdbg, funding, grant, Development, and community development

2.
Ordinance 18-02 - An Ordinance Re-Establishing the Cumulative Capital Development Fund

under IC 36-9-15.5

Tagged Passions:ordinance, development, and Development

Committee Recommendation 9 0 - 0

No additional detail provided

3.
Ordinance 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)

Committee Recommendation 9 0 0

Tagged Passions:ordinance, historic, and preservation

4.
Resolution 18-02 To Establish a Land Use Standing Committee of the Common Council

Committee Recommendation 5 1 2

Tagged Passions:council

VII.
LEGISLATION FOR FIRST READING

No additional detail provided

1.
Ordinance 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

Tagged Passions:streets, ordinance, development, UDO, Pedestrian, and Development

VIII.
ADDITIONAL PUBLIC COMMENT* (A maximum of twenty-five minutes is set aside

for this section.)

IX.
COUNCIL SCHEDULE

No additional detail provided

Tagged Passions:council

X.
ADJOURNMENT

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.

** Auxiliary aids for people with disabilities are available upon request with adequate notice. Please

Posted: Friday, February 16, 2018 401 N. Morton Street City Hall .. (ph:) 812.349.3409 Suite 110 www.bloomington.in.gov/council (f:) 812.349.3570 Bloomington, IN 47404 council@bloomington.in.gov

Tagged Passions:streets and council

City of Bloomington Office of the Common Council

Tagged Passions:council

NOTICE OF MEETING

Members of the Bloomington Common Council

Tagged Passions:council

may attend and participate in a

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.

Tagged Passions:council

Town Hall Meeting on the New Critical Incident Response Team (CIRT) Vehicle

20
February 2018 6:30 pm

No additional detail provided

City Council Chambers, 401 N. Morton, Room 115

RESOLUTION 18-04

TO APPROVE RECOMMENDATIONS OF THE MAYOR FOR DISTRIBUTION OF

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR 2018 WHEREAS, the City of Bloomington, Indiana, is eligible for Community Development Block Grant (CDBG) funds in the estimated amount of 700,000 for Fiscal Year 2018 pursuant to the Housing and Community Development Act of
Tagged Passions:development, cdbg, funding, grant, housing, Development, and community development

1974 as amended; and

WHEREAS, the national objectives of the Community Development Program are:
Tagged Passions:development, program, Development, and community development

1.
first and foremost, the development of viable urban communities, including

No additional detail provided

Tagged Passions:development and Development

decent housing and a suitable living environment and expanding economic

No additional detail provided

Tagged Passions:environment, Conservation, and housing

opportunities principally for person of low and moderate income; and

2. the elimination of slums and blight, and the prevention of blighting
Tagged Passions:blight

influences and the deterioration of property and neighborhood and community

facilities of importance to the welfare of the community, principally for
Tagged Passions:property and neighborhood

persons of low and moderate income; and

3. the elimination of conditions which are detrimental to health, safety, and
Tagged Passions:health

public welfare, through code enforcement, demolition, interim rehabilitation

assistance, and related activities; and 4. the conversion and expansion of the nation s housing stock in order to provide a decent home and suitable living environment for all persons, but principally those of low and moderate income; and 5. the expansion and improvement of the quantity and quality of community
Tagged Passions:expansion, demolition, codes enforcement, environment, Conservation, and housing

services, principally for persons of low and moderate income, which are

essential for sound community development and for development of viable
Tagged Passions:services, development, Development, and community development

urban communities; and

6. the integration of income groups throughout the community by spreading

persons of lower income into more prosperous neighborhoods and drawing

persons of higher income to declining or deteriorated neighborhoods; and 7. the alleviation of physical and economic distress through the stimulation of
Tagged Passions:neighborhood

private investment and community revitalization; and

No additional detail provided

Tagged Passions:investment

WHEREAS, federal guidelines set forth a formula for funding where no more than 15 of

the total grant may be allocated for social services programs, no more than
Tagged Passions:services, social services, program, funding, and grant

20
of the total grant may be allocated for administering these funds, and at

least 65 of the total grant must be allocated for physical improvements; and WHEREAS, the allocation for administering the grant may be used for a broad range of direct and indirect costs which includes but is not limited to salaries, rent, and fuel; and WHEREAS, a proposed statement of community development objectives and projected use of the funds has been advertised; and WHEREAS, said statement and projected use of funds reflects programs recommended by the Mayor with input from the Citizen s Advisory Committees and the Redevelopment Commission and are consistent with local and national
Tagged Passions:boards and commissions, development, advertising, program, funding, grant, Development, and community development

objectives of the Housing and Community Development Act of 1974, as

amended; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COMMON COUNCIL OF THE
Tagged Passions:council, development, housing, Development, and community development

CITY OF BLOOMINGTON, MONROE COUNTY, INDIANA, THAT:

SECTION 1. The following programs be approved as follows:

COMMUNITY DEVELOPMENT PROGRAMS FISCAL YEAR 2018 SOCIAL SERVICE PROGRAMS FUNDING ALLOCATION Boys and Girls Club 22,000 Hoosier Hills Food Bank 19,000 Middle Way House Emergency Services 10,000 Mother Hubbard s Cupboard 20,000 Community Kitchen 24,000 Monroe County United Ministries 10,000 COMMUNITY DEVELOPMENT PROGRAMS FISCAL YEAR 2018 PHYSICAL IMPROVEMENT PROGRAMS FUNDING
Tagged Passions:services, development, program, funding, emergency, Development, and community development

Bloomington Housing Authority Crestmont Interior Renovations 150,000

Boys and Girls Club Soundproofing Gymnasium 20,000 Life Designs Facility Improvements at N. Dun Street and Winslow Drive Facilities 11,000 Centerstone Blair House Interior Rehabilitation 40,000

Tagged Passions:streets, facility, and housing

Facility Improvements on S.

Washington Street

Tagged Passions:streets and facility

COB Utilities Department Broadview Sanitary Sewers 140,000

No additional detail provided

Tagged Passions:Utility, utility, and sewer

COB Planning and

Transportation Department

Tagged Passions:planning and transportation

Adams-Kirkwood-3rd St. Pedestrian

Improvements 94,000 Total 455,000 ADMINISTRATION

Tagged Passions:Pedestrian

Administration of Housing and Neighborhood Development

Department 140,000
Tagged Passions:development, neighborhood, housing, and Development

TOTAL ALLOCATION 700,000

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

Tagged Passions:services, Utility, social services, utility, cdbg, events, funding, planning, and transportation

Girls Club, and Mother Hubbard's Cupboard

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

Tagged Passions:funding

Girls Clubs, and Community Kitchen.

No additional detail provided

SECTION 3. This resolution shall be in full force and effect from and after its passage by the

Common Council and approval by the Mayor.

PASSED by the Common Council of the City of Bloomington, Monroe County, Indiana, upon this ______ day of ___________________, 2018. . ...___________________________ . SDOROTHY GRANGER, President Bloomington Common Council ATTEST: ____________________ NICOLE BOLDEN, Clerk

Tagged Passions:council

City of Bloomington

PRESENTED by me to the Mayor of the City of Bloomington, Monroe County, Indiana, upon this ______ day of ______________________, 2018. _____________________ NICOLE BOLDEN, Clerk

City of Bloomington

SIGNED and APPROVED by me upon this _______ day of ______________________, 2018. . . GJ ________________________ JOHN HAMILTON, Mayor

City of Bloomington

SYNOPSIS The City of Bloomington is eligible for a Community Development Block Grant (CDBG) from the U.S. Department of Housing and Urban Development estimated to be 700,000. This resolution outlines program recommendations by the Mayor with input from the Citizen s Advisory Committee and the Redevelopment Commission. Pursuant to federal regulations, CDBG allocations are made across the following general program areas:
Tagged Passions:boards and commissions, development, program, regulation, cdbg, grant, housing, Development, and community development

Social Service Programs, Physical Improvements, and Administrative Services.

CDBG Social Service Citizens Advisory Committee

Tagged Passions:services, program, and cdbg

Agency 2018 Request

Total Points Out of 100 Score CAC Recommendation RDC Recommendation Mayor City Council FINAL Community Kitchen -- Free Meals program 25,000.00 96.67 96.67 24,000.00 24,000.00 24,000.00 24,000.00 24,000.00
Tagged Passions:council and program

Boys Girls Club - Crestmont Club 25,000.00 95.00 95.00 22,000.00 22,000.00 22,000.00 22,000.00 22,000.00

No additional detail provided

Mother Hubbards Cupboard 25,000.00 93.83 93.83 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00

Hoosier Hills Food Bank - Food Bank 25,000.00 91.33 91.33 19,000.00 19,000.00 19,000.00 19,000.00 19,000.00

Monroe County United Ministries 25,000.00 86.83 86.83 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00

Middle Way House - Domestic Violence 25,000.00 86.33 86.33 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00

Big Brother Big Sister 25,000.00 82.50 82.50 - - - - -

Tagged Passions:domestic violence

South Central Ind Housing Opp 20,000.00 79.33 79.33 - - - - -

Program Year 2018 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 Girls Club, and Mother Hubbard's Cupboard If the 2018 funding level is less than 105,000 then funds will be distributed as follows: If the shortage is equal to or less than 4,000 then equal amounts will be substracted from Monroe County United Ministries and Middle Way House. If the shortage is greater than 4,000 then the Public Service CAC will reconvene to issue new allocations.
Tagged Passions:program, funding, and housing

1
ORDINANCE 18-01

TO AMEND TITLE 20 (UNIFIED DEVELOPMENT ORDINANCE) OF THE BLOOMINGTON MUNICIPAL CODE Re: Sidewalk Requirements and Sidewalk Variances Set Forth in
Tagged Passions:streets, ordinance, development, UDO, Pedestrian, and Development

WHEREAS, Ordinance 06-24, which repealed and replaced Title 20 of the Bloomington

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

Tagged Passions:ordinance, development, UDO, Pedestrian, subdivision, regulation, construction, zoning, and Development

part of an approval; and

WHEREAS, the Planning and Transportation Department has found that the current regulations are not generating a meaningful contribution to the sidewalk
Tagged Passions:streets, Pedestrian, regulation, planning, and transportation

network in the City; and

WHEREAS, the Planning and Transportation Department has found that the current

Tagged Passions:planning and transportation

regulations are creating a hindrance to single-family infill development in

existing residential neighborhoods; and WHEREAS, the Planning and Transportation Department has found that the current
Tagged Passions:development, neighborhood, regulation, planning, transportation, and Development

regulations related to Home Occupations are not rationally related to the

No additional detail provided

Tagged Passions:regulation

intensity of the permit requests; and

WHEREAS, the City of Bloomington ( City ) wished to balance the desires to expand safe pedestrian facilities with realistic development goals for its residents; and WHEREAS, the Planning and Transportation Department proposes to amend the regulations; and WHEREAS, the Plan Commission considered this case, ZO-47-17 on January 8, 2018 and made a positive recommendation in favor of the amendment to the UDO, as described herein. NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE COMMON COUNCIL OF THE
Tagged Passions:boards and commissions, council, development, UDO, Pedestrian, regulation, planning, transportation, and Development

CITY OF BLOOMINGTON, MONROE COUNTY, INDIANA, THAT:

SECTION 1. Section 20.05.010, entitled AT-01 [Alternative Transportation; General], shall be amended to add the following section below the Purpose section: The following Alternative Transportation standards apply to all site plans, as regulated by 20.09.120, with the exception of new single-family residences built on existing legal
Tagged Passions:legal and transportation

lots of record on non-classified (neighborhood) streets and additions to existing

residential structures. SECTION 2. Section 20.05.051(c), entitled HO-01 [Home Occupation, General], shall be deleted and replaced with the following: (c) Site Plan Review: (1) Residential Districts: An approved home occupation in a residential district shall be treated as a single family dwelling unit for purposes of Site Plan review. (2) Nonresidential Districts: A home occupation in a nonresidential district that meets all of the standards of Section 20.05.051 shall be treated as a single-family
Tagged Passions:streets and neighborhood

dwelling unit for purposes of Site Plan review.

2
SECTION 3. Section 20.09.130, entitled Development Standards Variance, shall be deleted and replaced with the following:

Tagged Passions:development and Development

20.09.130 Development Standards Variance

Tagged Passions:development and Development

(a) Intent: The purpose of Section 20.09.130; Development Standards Variance is:

(1) To outline the process by which petitions for variances from the development
Tagged Passions:development and Development

standards of the Unified Development Ordinance are considered;

(2) To provide a mechanism to approve those petitions that will not be contrary to the public interest, where, owing to special conditions, literal enforcement of the
Tagged Passions:ordinance, development, UDO, and Development

Unified Development Ordinance will result in practical difficulties, and so that the

No additional detail provided

Tagged Passions:ordinance, development, UDO, and Development

spirit of the Unified Development Ordinance shall be observed and substantial

justice done. (b) Applicability:
Tagged Passions:ordinance, development, UDO, and Development

(1) The Board of Zoning Appeals or Hearing Officer, in accordance with the

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

Tagged Passions:hearing, property, development, procedure, grant, zoning, and Development

variances from the development standards authorizes the development and

establishes the terms of use. Variances from development standards are also subject to Site Plan requirements, all necessary permits and approvals, and other applicable requirements. All required permits must be obtained before any grading, construction, or use commences. (c) Exceptions: (1) Subdivision Control: It is not within the jurisdiction of the Board of Zoning Appeals or Hearing Officer to grant Development Standards Variances of Chapter 20.06: Subdivision Types or Chapter 20.07: Design Standards. (d) Application: Refer to application requirements found at Section 20.09.030: Applications - General.
Tagged Passions:hearing, development, grading, subdivision, construction, grant, zoning, and Development

(e) Findings of Fact: Pursuant to IC 36-7-4-918.5, the Board of Zoning Appeals or Hearing

Officer may grant a variance from the development standards of the Unified Development Ordinance if, after a public hearing, it makes findings of fact in writing, that:

Tagged Passions:hearing, ordinance, development, grant, zoning, and Development

(1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community; and

(2) The use and value of the area adjacent to the property included in the Development Standards Variance will not be affected in a substantially adverse manner; and
Tagged Passions:property, development, health, and Development

(3) 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
Tagged Passions:property, ordinance, development, UDO, and Development

Standards Variance will relieve the practical difficulties.

(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:

Tagged Passions:streets and Pedestrian

(1) 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

Tagged Passions:streets

for construction of a sidewalk; or

No additional detail provided

Tagged Passions:streets, Pedestrian, and construction

(2) 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; or

Tagged Passions:streets, Pedestrian, construction, and traffic

(3) The adjacent lot or tracts are at present developed without sidewalks and there is no reasonable expectation of additional sidewalk connections on the block in the

near future; or
Tagged Passions:streets and Pedestrian

3
(4) The location of the lot or tract is such that a complete pedestrian network is present on the other of the street on the same block; or

(5) Uniformity of development of the area would best be served by deferring sidewalk construction on the lot or tract until some future date. (g) Commitment for Determinate Sidewalk Variance: Upon approval of a determinate sidewalk variance, the Planning and Transportation Department staff shall prepare a Zoning Commitment
Tagged Passions:development, Pedestrian, construction, planning, zoning, transportation, and Development

pursuant to 20.09.110 Commitments - Variance and Conditional Use indicating that the

determinate sidewalk variance was approved and that future installation of sidewalk may be

Tagged Passions:streets and Pedestrian

required. The petitioner shall record the Zoning Commitment in the Monroe County Recorder s Office before a Certificate of Zoning Compliance is issued.

Tagged Passions:compliance and zoning

(h) Signature: The findings of fact shall be signed by the Chair of the Board of Zoning Appeals

or the Hearing Officer. (i) Notification: The staff shall furnish the petitioner with a copy of the decision of the Board of Zoning Appeals or Hearing Officer. (j) Duration: (1) Unless otherwise specified at the time of approval, any Development Standards Variance granted by the Board of Zoning Appeals or Hearing Officer shall expire:
Tagged Passions:hearing, development, grant, zoning, and Development

(A) In cases where new construction or modifications to an existing structure are required, three (3) years after the date that the Development Standards

Variance was granted, unless a Building Permit has been obtained and

Tagged Passions:development, construction, grant, and Development

construction of the structure or structures has commenced; or

Tagged Passions:construction

(B) In cases where new construction or modifications to an existing structure are not required, three (3) years after the date that the Development

Standards Variance was granted, unless a Certificate of Occupancy has been obtained and the use commenced; or

Tagged Passions:development, construction, grant, and Development

(C) At the date of termination as established by the Board of Zoning Appeals or Hearing Officer as a condition or commitment if different from

Subdivision 20.09.130(j)(1)(A) or Subdivision 20.09.130(j)(1)(B) above. (2) If an appeal by writ of certiorari is taken from an order granting a Development
Tagged Passions:hearing, development, subdivision, grant, zoning, and Development

Standards Variance, the time during which such appeal is pending shall not be

counted in determining whether the Development Standards Variance has expired

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

Tagged Passions:streets, development, Pedestrian, subdivision, construction, and Development

requirements that may be rescinded by the City at any time if there is a change to the

characteristics or context that justified the variance related to the property or surroundings.

Tagged Passions:property

SECTION 6. If any section, sentence or provision of this ordinance, or the application thereof to

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.

Tagged Passions:ordinance

SECTION 7. This ordinance shall be in full force and effect from and after its passage by the

Tagged Passions:ordinance

Common Council, approval by the Mayor, and in accordance with I.C. 36-7-4-607.

No additional detail provided

Tagged Passions:council

4
PASSED AND ADOPTED by the Common Council of the City of Bloomington, Monroe

County, Indiana, upon this _______ day of _____________________________, 2018. ________________________ DOROTHY GRANGER, President Bloomington Common Council ATTEST: _______________________ NICOLE BOLDEN, Clerk

Tagged Passions:council

City of Bloomington

PRESENTED by me to the Mayor of the City of Bloomington, Monroe County, Indiana, upon this _______ day of ______________________________, 2018. _____________________ NICOLE BOLDEN, Clerk

City of Bloomington

SIGNED and APPROVED by me upon this _______ day of ___________________________, 2018.

________________________ JOHN HAMILTON, Mayor

No additional detail provided

City of Bloomington

SYNOPSIS This ordinance amends the Unified Development Ordinance, Title 20. These changes amend which projects require sidewalk construction and change the variance criteria used to evaluate sidewalk and determinate sidewalk variance petitions used by the Board of Zoning Appeals. Interdepartmental Memo To: Members of the Common Council From: Jackie Scanlan, AICP Senior Zoning Planner
Tagged Passions:ordinance, council, development, UDO, Pedestrian, construction, zoning, and Development

Subject: Ordinance 18-01

No additional detail provided

Tagged Passions:ordinance

Date: February 13, 2018

No additional detail provided

Attached is the staff memo and supporting documents which pertain to Plan Commission case ZO-47-17, presented to the Common Council as Ordinance 18-01. The Plan Commission heard this petition at its January 8, 2018 hearing and voted 9-0 to send this petition to the Common Council with a positive recommendation. The memo below is the memo sent to Plan Commission, with the following changes: a typo in the proposed findings is corrected; the Alternative Transportation Applicability section discussed in the hearing is added; and the definition of Determinate Sidewalk Variance included in the hearing packet is added.

Tagged Passions:streets, hearing, boards and commissions, ordinance, council, Pedestrian, and transportation

The Planning and Transportation Department proposes to amend the regulations related to requirements to construct new sidewalks, as well as the variance procedures related to sidewalk and determinate sidewalk variances.

Sidewalk installation is currently required for all new:
Tagged Passions:streets, Pedestrian, procedure, regulation, planning, and transportation

1.
Subdivisions 2. Commercial/Industrial development on vacant lots 3. Commercial/Industrial additions to existing development 4. Residential development on vacant lots, both single-family and multifamily 5. Multi-Family additions to existing development 6. Home Occupations

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.

Tagged Passions:commercial, streets, legal, boards and commissions, council, development, Bicycles, blight, Pedestrian, subdivision, bond, parks, industrial, neighborhood, regulation, construction, planning, zoning, bicycles, transportation, and Development

1.
The Department proposes to exempt new single-family residences built on existing legal lots of record on non-classified (neighborhood) streets and additions to existing single- family residential structures in a new Applicability section added to the Alternative Transportation section of the Unified Development Ordinance Chapter 5.

The following Alternative Transportation standards apply to all site plans, as regulated by 20.09.120, with the exception of new single-family residences built on existing legal lots of record on non-classified (neighborhood) streets and additions to existing residential structures.
Tagged Passions:streets, legal, ordinance, development, UDO, neighborhood, transportation, and Development

2.
The Department proposes to strike language from the Home Occupation section that

currently requires that bicycle and pedestrian facilities be installed when a property has received a home occupation approval. This triggers sidewalk construction on single- family properties similar to the infill situation mentioned above. The intent of regulation related to Home Occupations is to retain the residential character of the property. While any property can install bicycle parking racks, the Department is comfortable making this optional, as opposed to mandatory.

No additional detail provided

Tagged Passions:streets, property, Bicycles, Pedestrian, parking, regulation, construction, and bicycles

3.
The Unified Development Ordinance contains two sets of findings of fact applicable to sidewalks.

The first set is found in 20.09.135(c). The findings listed are the three findings listed for any development standards variance (findings (1) through (3)), plus two additional findings.
Tagged Passions:streets, ordinance, development, UDO, Pedestrian, and Development

(1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community; and

(2) The use and value of the area adjacent to the property included in the development standards variance will not be affected in a substantially adverse manner; and
Tagged Passions:property, development, health, and Development

(3) 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.

Tagged Passions:property, ordinance, development, UDO, and Development

(4) 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 as required by Section 20.05.010(b)(3); and

Tagged Passions:streets, Pedestrian, and construction

[ See More ]
Council Map

Welcome!

Monitor up to five cities and counties and get alerts when they plan to vote on topics you're passionate about.