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Bloomington Common Council Schedules Additional Meeting To Consider Amendments to Ordinance 19-24

 December 2, 2019

(BLOOMINGTON) – The Bloomington Common Council has decided to schedule an additional meeting of the special session to consider amendments to Ordinance 19-24 which repeals and re-enacts the text of Title 20 (Unified Development Ordinance and other council matters.)

The special meeting will be held at 6 p.m. on Tuesday and Wednesday in the Council Chambers Showers Building at 401 North Morton Street.

The Council has decided to hold a Committee of the Whole immediately following, but no earlier than 7:30 p.m.

AGENDA OF SPECIAL MEETING

I. ROLL CALL
II. AGENDA SUMMATION
III. CONTINUED CONSIDERATION OF AMENDMENTS TO ORDINANCE 19-24- TO REPEAL AND REPLACE TITLE 20 OF THE BLOOMINGTON MUNICIPAL CODE ENTITLED, “UNIFIED DEVELOPMENT ORDINANCE” *

Presentation on Unanswered Questions from Previous Discussions
Conduct of Deliberations – Time Limits

CONSENT AGENDA

Amendments for consideration which may be adopted by one, roll-call vote.
Please note that Council members are reviewing the new amendments and may recommend some for quick consideration here. Please also note that any Council member may request that amendments on the Consent Agenda be moved to their ordinary order of deliberation later on in the agenda.

REGULAR AGENDA

Other First Round Amendments (Listed in the Order Amendments Affect the Ordinance)

20.02 – ZONING DISTRICTS

  1. Am 40 (Cm. Sturbaum) – Affects 20.02.020(c) and 20.04.020(c) – Reduces the maximum height of R2 buildings from 40 feet to 35 feet.
  2. Am 41 (Cm. Sandberg & staff) – Affects 20.02.060(a)(5) – Provides clarification on upper floor façade setbacks and the relationship to a public street rather than setbacks along the building side or rear.

20.03 – USE REGULATIONS

  1. Am 42 (Cm. Sturbaum) – Affects 20.03.020 and Table 3-1: Allowed Use Table – Changes the approval of fourplexes, multifamily dwellings and live/work dwellings in a Residential Multifamily (RM) the district from a permitted use to a conditional use.
  2. Am 43 (Cm. Sandberg & staff) – Affects 20.03.030(b)(10) – Reduces the spacing standard for group care homes from 500 to 300 feet to reflect a typical block length.

20.04 – DEVELOPMENT STANDARDS & INCENTIVES

  1. Am 44 (Cm. Sandberg & staff) – Affects 20.04.020(f)(1)(B) – Provides a new graphical illustration to better show how building height is measured.
  2. Am 59 (Cm. Piedmont-Smith) – Affects 20.04.030(g)(3) – Clarifies how to measure the buffer area from a compound sinkhole.
  3. Am 45 (Cm. Volan) – Affects 20.04.060(e) and (h) – Replaces the term “requirement” with the term “allowance” or “limit” to better characterize the maximum allowed amounts of parking for listed land uses; standardizes (by way of new default parking allowances) and reduces parking allowances for certain residential and nonresidential land uses; and adds a default parking allowance chart, which reduces the default parking allowances by specified amounts each year for 20 years.
  4. Am 46 (Cm. Sandberg & staff) – Affects 20.04.070(c) and 20.05.050(j)(10)(D) – Relocates MD District standards for street lighting to better align with the Downtown Vision and Infill Strategy Plan.
  5. Am 47 (Cm. Sturbaum) – Affects 20.04.070(d) – Inserts a preface to 20.04.070(d) to give architects more creative freedom when designing mixed-use and nonresidential buildings.
  6. Am 48 (Cm. Sandberg & staff) – Affects 20.04.070 and 20.05.050 – Adds new subsections requiring inclusion of at least two elements of “universal design” in certain multifamily residential buildings, student housing, and dormitory buildings.
  7. Am 49 (Cm. Sandberg & staff) – Affects 20.04.080(c)(2) – Provides clarification on plant species identification requirements.
  8. Am 50 (Cm. Sandberg & staff) – Affects 20.04.080(d) and (e) – Makes changes to the landscaping lists to identify evergreens, to remove poor quality/invasive species, or to add new species.
  9. Am 51 (Cm. Sturbaum) – Affects 20.04.080(n) – Allows fences with a maximum height of eight feet along the frontage of the secondary front building wall in R3 districts to be built to the property line, except under certain circumstances.
  10. Am 52 (Cm. Sandberg & staff) – Affects 20.04.100(i)(4); 20.06.020(c), (d), and (g); 20.06.080(b); and 20.07.010 – Removes the reference to the use variance process in the affected sections.
  11. Am 53 (Cm. Sturbaum) – Affects 20.04.120(e) – Specifies that machinery such as HVAC equipment, ventilation and generators, and engines that service buildings and other structures are subject to noise control regulations contained in BMC Chapter 14.09.

20.05 – SUBDIVISION STANDARDS

  1. Am 54 (Cm. Sandberg & staff) – Affects 20.05.050(k) – Gives authority to the Fire Chief to locate fire hydrant locations other than every 600 feet.

20.06 – ADMINISTRATION AND PROCEDURES

  1. Am 55 (Cm. Sturbaum) – Affects 20.06.030, Table 6-1: Summary Table of Review Procedures, and 20.06.050(b)(3) – Requires a neighborhood meeting as part of the conditional use approval process.
  2. Am 56 (Cm. Sandberg & staff) – Affects 20.06.090(f)(2)(B)(ii) – Clarifies that the use standards for corner lots and the respective setbacks are based on the highest classified street.

20.07 – DEFINITIONS

  1. Am 57 (Cm. Sandberg & staff) – Affects 20.07.010 – Provides a revised definition for Fraternity or Sorority House.
  2. Am 58 (Cm. Sandberg & staff) – Affects 20.07.070 – Provides a revised definition for “Use, Change In” and increases the scope of the definition


IV. COUNCIL SCHEDULE

V. RECESS (Currently set for no later than 10:00 P.M.) *
Note: Upon recess tonight, the Council is scheduled to reconvene on Tuesday, December 10th to begin deliberations on Second Round amendments.

  • Items V and VI of this agenda are part of a series of meetings that comprise one, long hearing on the proposed Ordinance 19-24. For further information regarding the formal notice, meeting procedures (including public comment and written objections), any subsequent revisions to the schedule and procedure, and the substance of the UDO and any amendments, please visit the Council website at https://bloomington.in.gov/council/plan-schedule.
  • Written Objections Regarding Proposed Ordinance 19-24 Persons who wish to file written objections to the proposed Ordinance 19-24 at this meeting should submit the record to the City Clerk or her staff, who will be seated at the table on south end of the Chambers. Please confirm with the Clerk or her staff that the written objection has been received before leaving this evening. Written objections may also be filed at other times at the Office of City Clerk or Monroe County Auditor. Please consult the Schedule (above) for the dates when those objections will be heard by the Council, the last date being Wednesday 18 December 2019.

AGENDA BLOOMINGTON COMMON COUNCIL REGULAR SESSION

I. ROLL CALL
II. AGENDA SUMMATION
III. APPROVAL OF MINUTES None
IV. REPORTS (A maximum of twenty minutes is set aside for each part of this section.)

Councilmembers

The Mayor and City Offices

Council Committees

Public1
V. APPOINTMENTS TO BOARDS AND COMMISSIONS
VI. LEGISLATION FOR FIRST READING

  • Appropriation Ordinance 19-09 To specially Appropriate from the Food and Beverage Tax fund expenditures related to the Convention Center Expansion and Authorize Persons Designated by the Mayor t0 Relay Council Request for Recommendations
  • Resolution Ordinance 19-182 To Approve and Authorize the Execution of a Collective Bargaining Agreement between The City of Bloomington and the Fraternal Order of Police, Don Owens Memorial Lodge 88
  • Ordinance 19-27 Amending Ordinance 18-17 which Fixed the Salaries of Officers of the Police and Fire Departments for 2019 – Re: Providing a One-Time, $1,000 Bonus for Officers First Class and Senior Police Officers and Adding a Fire Logistics Officer Note: This ordinance is being introduced this evening with the possibility that it be considered for adoption later this same evening.
  • Ordinance 19-28 To Amend Title 2 of the Bloomington Municipal Code entitled “Administration and Personnel” – Re: Amending Chapter 2.28 (Bloomington Living Wage Ordinance) to Remove Exclusion for City Seasonal Employees


VII. LEGISLATION FOR SECOND READING AND RESOLUTIONS

  • Ordinance 19-25 To Amend Title 8 of the Bloomington Municipal Code, Entitled “Historic Preservation and Protection” to Establish a Historic District – Re: The Near West Side Conservation District (Near West Side Historic Designation Committee, Petitioner) Anticipated Amendment – Am 01 (04 December 2019) Committee of the Whole Action (06 November 2019) Committee Recommendation Do Pass: 8 – 0 – 0
  • Ordinance 19-23 To Amend a Planned Unit Development (PUD) District Ordinance and Approve a Preliminary Plan – Re: 1201 W. Allen Street (Hilltop Meadow, LLC, Petitioner) Anticipated Reasonable Condition – RC 01 (04 December 2019) Land Use Committee Actions Report Filed (04 December 2019) Committee Recommendation (06 November 2019) Do Pass: 3 – 0 – 0 Regular Session Action (30 October 2019): Referral to Land Use Committee for Report on 04 December 2019 Adopt: 8 – 0 – 0
  • Resolution Ordinance 19-18 To Approve and Authorize the Execution of a Collective Bargaining Agreement between The City of Bloomington and the Fraternal Order of Police, Don Owens Memorial Lodge 88 Introduced under First Reading (see above)
  • Ordinance 19-20 An Ordinance Fixing the Salaries of Officers of the Police and Fire Departments for the City of Bloomington, Indiana, for the Year 2020 Anticipated Motions to Take from the Table and Amend by Substitution Regular Session Action (10 October 2019) Motion to Table: 9 – 0 – 0 Committee of the Whole Action (25 September 2019) Do Pass: 1 – 0 – 7
  • Ordinance 19-27 Amending Ordinance 18-17 which Fixed the Salaries of Officers of the Police and Fire Departments for 2019 – Re: Providing a One-Time, $1,000 Bonus for Officers First Class and Senior Police Officers and Adding a Fire Logistics Officer Note: Unanimous consent is necessary for the Council to consider adoption of an ordinance at the same meeting at which it is introduced (I.C. 36-6-4-13; BMC 2.04.300).

VIII. ADDITIONAL PUBLIC COMMENT3
(A maximum of twenty-five minutes is set aside for this section.)

XI. COUNCIL SCHEDULE

X. ADJOURNMENT

Immediately followed by, but no earlier than 7:30 pm, a Committee of The Whole.

COMMITTEE OF THE WHOLE- Chair: Cm. Volan

  1. Appropriation Ordinance 19-08 To Specially Appropriate from the Rental Inspection Program and the Parking Meter Fund Expenditures Not Otherwise Appropriated (Appropriating Various Transfers of Funds within the General Fund, Parks and Recreation General Fund, Parking Facilities Fund, Motor Vehicle Highway Fund, Alternative Transportation Fund; Cumulative Capital Development Fund and, Appropriating Additional Funds from the Parking Meter Fund and the Rental Inspection Fund) Asked to Attend: Kevin Curran, Director of Auditing & Finance Systems, Controller
  2. Ordinance 19-27 Amending Ordinance 18-17 which Fixed the Salaries of Officers of the Police and Fire Departments for 2019 – Re: Providing a One-Time, $1,000 Bonus for Officers First Class and Senior Police
    Officers and Adding a Fire Logistics Officer Note: If the Council does not vote to consider this ordinance in one meeting at tonight’s Regular
    Session, then it will be ready for discussion here at the Committee of the Whole. Asked to Attend: Caroline Shaw, Director, Human Resources
  3. Appropriation Ordinance 19-09 To specially Appropriate from the Food and Beverage Tax fund expenditures related to the Convention Center Expansion and Authorize Persons Designated by the Mayor to
    Relay Council Request for Recommendations Asked to Attend: Philippa M. Guthrie, Corporation Counsel, City of BloomingtonJeffrey Underwood, Controller, City of Bloomington
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