Posted & Distributed: Friday, September 11, 2009
NOTICE AND AGENDA
BLOOMINGTON COMMON COUNCIL REGULAR SESSION
AND SPECIAL SESSION
7:00 P.M., WEDNESDAY, SEPTEMBER 16, 2009
COUNCIL CHAMBERS
SHOWERS BUILDING, 401 N. MORTON ST.
I. ROLL CALL
II. AGENDA SUMMATION
III. APPROVAL OF MINUTES FOR: None
IV. REPORTS FROM:
1. Councilmembers
2. The Mayor and City Offices
3. Council Committees
4. Public
V. APPOINTMENTS TO BOARDS AND COMMISSIONS
VI. LEGISLATION FOR SECOND READING AND RESOLUTIONS
None
VII. LEGISLATION FOR FIRST READING
1. Appropriation Ordinance 09-08 To Specially Appropriate from the Electronic Map
Generation Fund Expenditures Not Otherwise Appropriated (Appropriating Funds to Retain
Consultant for the City’s Geographic Information System)
2. Appropriation Ordinance 09-09 To Specially Appropriate from the General Fund
Expenditures Not Otherwise Appropriated (Appropriating a PetSmart Charities Grant for Use by
the Animal Care and Control Department)
3. Ordinance 09-17 To Vacate Four Public Parcels - Re: A Portion of North Madison Street,
West 12th Street and Two Alleys Located Between North Rogers Street, the Indiana Railroad,
350 West 11th Street and West 11th Street. (Doug Dayhoff, Upland Brewing Company, Inc., and
Middle Court Real Estate, LLC [together “Upland”], Petitioners)
VIII. PRIVILEGE OF THE FLOOR (This section of the agenda will be limited to 25
minutes maximum, with each speaker limited to 5 minutes)
IX. ADJOURN
(and immediately reconvene for)
CONTINUATION OF SPECIAL SESSION
FOR CONSIDERATION OF ORDINANCE 09-12
(See Schedule)




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Schedule for Common Council Consideration of Ordinance 09-12 which
Brings Forward Amendments to the Unified Development Ordinance from the
Plan Commission as a Result of Its Periodic Review of Title 20 of the
Bloomington Municipal Code
(Revised September 11, 2009)
SPECIAL SESSION TO CONSIDER AMENDMENTS TO THE UNIFIED
DEVELOPMENT ORDINANCE (ORD 09-12) WHICH WILL BE HELD ON THE
FOLLOWING EVENINGS AT THE FOLLOWING TIMES:
WEDNESDAY, JULY 8, 2009 - 7:00 P.M.
Motion to Introduce Ordinance 09-12- adopted
Motion to Approve Schedule - adopted
Motion to Approve Procedure - adopted
The Council divided the question regarding the following list of amendments: UDO-001 –
UDO-061 (Excluding UDO-025, UDO-02 and UDO-044). All but those noted in italics below
were adopted with one motion. As noted below, two were revised before adoption, one was
postponed, and another was set for reconsideration on August 5th:
UDO-001 Rooming house – adds asterisk.
UDO-002 Establishes parking setback from proposed rather than existing right of way or easement in
IG/QY districts.
UDO-003 Pitched roof exception – extends to Third Street.
UDO-004 Defines “proposal” as it relates to projects within the CD zoning district
UDO-005 Adds one PUD final plan change that may be approved by Planning Director.
UDO-006 Adds missing restrictions on accessory structures in multifamily zoning districts.
UDO-007 Provides for some variation in sidewalk/tree plot designs.
UDO-008 Requires connector paths to link developments to multi-use trails.
UDO-009 Makes reduction of bike parking discretionary rather than automatic in CD zoning district.
UDO-010 Clarifies calculation of amount of bicycle parking.
UDO-011 Clarifies height and accessory status of communication facilities in CD district.
UDO-012 Prohibits driveway design where driveway is parallel to street.
UDO-013 Requires entrance & drive design to be paved (like parking areas).
UDO-014 Requires conservation easements for wetland buffer areas.
UDO-015 Corrects UDO reference.
UDO-016 Clarifies fence height maximum & calculation of decorative features.
UDO-017 Corrects typographic error.
UDO-018 Corrects statutory reference.
UDO-019 Makes landscaping of buffer yards separate from general landscaping requirements.
UDO-020
Planting requirements – increases canopy tree requirements and makes interior
requirements consistent.
UDO-021 Clarifies landscaping requirement.
UDO-022 Clarifies parking lot island and bump-out location and function.
UDO-023
Clarifies outdoor storage and merchandizing requirements.
(Revised on July 8, 2009 to correct error)
UDO-024 Adds omitted requirement for maximum parking lot slope.
UDO-026 Corrects omission regarding parallel parking dimensions.
UDO-028 Allows back-out parking on non-arterial streets in Core Neighborhoods.
UDO-029 Clarifies setback for recreational equipment.
UDO-030 Establishes same setback for detached and attached carports.
UDO-031 Corrects statutory reference.
UDO-032 Adds cross-references for exceptions to off-premises signs.
UDO-033 Clarifies requirements for changeable copy on freestanding signs.
UDO-034
CCL-006
Prohibits external illumination of temporary signs. (On July 8th, the Council postponed
consideration of this item until August 5, 2009 and on July 15th the Council moved consideration
of this item to July 29th.)
UDO-035 Corrects section heading for multifamily signage.
UDO-036 Creates wall signage allowance for multi-tenant non-residential centers.
UDO-037 Clarifies minimum lot frontage requirements for freestanding signs.
UDO-038
CCL-007
Corrects word usage in reference to drive-though bays. (On July 10th, Cm. Satterfield
declared his intent to request reconsideration and revision of this amendment at future
meeting during this Special Session.)
UDO-039 Clarifies exemption regarding temporary containers used for charitable purposes.
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UDO-040 Corrects setback error for conservation subdivisions.
UDO-041 Clarifies permitted activities within conservation/preservation easements.
UDO-042 Requires public street frontage for new residential lots.
UDO-043
Clarifies requirement for installation of no parking signs.
(Revised on July 8, 2009 to correct error.)
UDO-045
Exempts construction of small accessory structures from events that end status as a nonconforming
use in non-residential and multifamily properties.
UDO-046 Requires developer to list bike rack model type.
UDO-047 Requires petitioner to list scientific name of landscape species.
UDO-048 Corrects typographical error under subdivision control.
UDO-049 Defines start and duration of timing of final plat.
UDO-050 Clarifies effect of withdrawal of demolition delay application.
UDO-051 Requires submission of complete application before Demolition Delay waiting period
begins.
UDO-052 Adds basketball courts and batting cages to definition of recreational equipment.
UDO-053 Clarifies change from one residential use to another and adds abandonment as a change in
use.
UDO-054 Adds “florist” to class of use table in definitions.
UDO-055 Establishes depth of projection from wall to definition of wall sign.
UDO-056 Changes definition of impound vehicle storage to include both inside and outside storage.
UDO-057 Conforms erosion and storm water regulations to Title 10 of the BMC.
UDO-058 Corrects references to Bicycle and Pedestrian Plan.
UDO-059 Resolves conflict between temporary use and structure provisions for temporary signs.
UDO-060 Corrects definition of outpatient care facility.
UDO-061 Clarifies definition of basement to establish when it constitutes a “story”.
The Council considered separate motions regarding the following map amendments and
adopted them both:
UDO-062 Map Amendment - Rezones remaining part of the Highpoint PUD from PUD to CD/DEO.
UDO-063 Map Amendment – Rezones Basswood area property from IN to RM.
The Council considered individual motions regarding the following text amendments and took
the actions noted in italics in regard to each one:
UDO-065 Prohibits primary pedestrian entrance in CD district to be off an alley. (On July 8th, the
Council adopted this amendment...)
UDO-066
CCL-008
Clarifies “masonry” materials to be used in residential projects. (On July 8th, the Council
postponed consideration of this item until August 5th.)
UDO-067 Allows additions to single family attached and detached structures to have flat roofs.
(Note: On July 8th the Council considered and rejected an amendment (CCL-005) to this item
and then adopted UDO-067.)
UDO-068 Clarifies that LEED-NC guidelines used in the UDO are periodically updated by USGBC.
(On July 8th, the Council adopted this amendment.)
UDO-069
CCL-009
Revises list of landscaping to add native species and prohibit certain invasive species. (On
July 8th, the Council postponed consideration of this item until August 5th and on July 15th the
Council moved consideration of this item to July 29th.)
UDO-070 Allows window signs on upper floors but counts such signs towards sign allotment. (On
July 8th, the Council adopted this amendment.)
UDO-071 Allows only attached wall signs and sandwich board signs outside of right-of-way along
the B-Line trail (On July 8th, the Council adopted this amendment.)
FRIDAY, JULY 10, 2009 – 10:00 a.m.
- Deadline for Declaring Intent to Revive Amendments Non-Adopted by the Plan
Commission and the Introduction of New Amendments.
- Deadline for Submitting Revived Amendments, Revised Amendments, and New
Amendments for Consideration on the Evening of Wednesday, July 15, 2009
WEDNESDAY, JULY 15, 2009
(AFTER REGULAR SESSION WHICH STARTS AT 7:00 P.M.)
The Council considered individual motions regarding the following text amendments and took
the actions noted below in italics:
UDO-075
CCL-010
Converts density from units per acre to bedrooms per acre. (On July 15th, the Council
postponed consideration of this amendment until August 5, 2009 at the request of
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Councilmember Volan, who may amend it or prepare a new amendment to address this
issue.
UDO-077
CCL-011
Reduces void to solid ratio on first floor facades in all Downtown Overlay districts. (On
July 15th, the Council adopted this amendment, but allowed for it to be amended on August 5th.)
UDO-079 Adds architectural design requirement along arterial streets. (On July 15th, the Council
adopted this amendment.)
UDO-080 Adds requirements for some areas now exempt from riparian buffer zones. (On July 15th,
the Council voted to consider this amendment on July 29th.)
CCL-001
UDO-074
Promotes Sustainable Development Practices (This amendment was not adopted by the Plan
Commission. On July 10th, Cm. Piedmont-Smith declared her intent to reintroduce and amend
this amendment. On July 15th, the Council adopted CCL-001 which amended this amendment.)
CCL-002
UDO-076
Restricts use of EIFS and other surface building materials in CD district. (On July 10th,
Cm. Sturbaum declared his intent to reintroduce and revise this amendment. On July 15th, the
Council did not reach consideration of this item which, according to Special Session procedure,
meant this item would be taken up at the July 29th meeting.)
FRIDAY, JULY 17, 2009 – 10.00 a.m.
- Deadline for Submitting Revived Amendments, Revised Amendments, and New
Amendments for Consideration on the Evening of Wednesday, July 29, 2009
WEDNESDAY, JULY 29, 2009 – 7:00 P.M.
The Council considered the following text amendments and took the actions regarding them as
noted in italics:
UDO-080 Adds requirements for some areas now exempt from riparian buffer zones. (On July 15th,
the Council voted to consider this amendment on July 29th. On July 29th, the Council adopted
this amendment.)
CCL-002
UDO-076
Restricts use of EIFS and other surface building materials in CD district. (This amendment
was not adopted by the Plan Commission. On July 10th, Cm. Sturbaum declared his intent to
reintroduce and amend this amendment. On July 15th, the Council did not reach consideration
of this item which, according to Special Session procedure, meant this item would be taken up
at the July 29th meeting. On July 29th, the Council adopted this amendment.)
UDO-081 Reduces buffer yard requirements. (On July 29th, the Council adopted this amendment.)
UDO-083
CCL-013
Converts minimum to maximum parking in non-residential, multifamily and affordable
single family developments. (On July 10th, Cm. Volan declared his intent to amend this
amendment or introduce a new amendment on this subject. On July 24th, the schedule was
revised to note that staff will request consideration of an amendment that incorporates UDO-
025, UDO-027, and UDO-044. On July 29th, the Council adopted CCL-013.)
UDO-025 Clarifies calculation of car dealer parking. (On July 29th, the Council denied this amendment
because it had been incorporated into CCL-013.)
UDO-027 Allows stacked parking for MF garages (On July 29th, the Council denied this amendment
because it had been incorporated into CCL-013.)
UDO-044
Clarifies when parking setback, impervious surface, and entrances/drive requirements are
necessary for non-conforming properties. (On July 29th, the Council denied this amendment
because it had been incorporated into CCL-013.)
UDO-085 Adds or changes parking requirements for preschools, outdoor storage, and brewpubs.
(On July 29th, the Council adopted this amendment.)
UDO-086 Defines and adds parking requirements for “outdoor retail.”
(On July 29th, the Council adopted this amendment.)
UDO-088 Relaxes restrictions on size and duration of political signs to conform to case law.
(On July 29th, the Council adopted this amendment.)
UDO-089 Changes restrictions on “reader board” signs to conform to case law
(On July 29th, the Council adopted this amendment.)
CCL-003
UDO-082
Requires landscaping be installed when buildings are demolished unless a development
plan is approved. (This amendment was not adopted by the Plan Commission. On July 10th,
Cm. Sturbaum declared his intent to introduce CCL-003 which amends this amendment. On
July 24th, he declared is intent to request postponement until August 5th to provide time to draft
the amendment. On July 29th, the Council agreed to postpone this amendment and place at the
end of the August 5th agenda with the possibility that it would be considered in September if the
Council did not complete its deliberations that evening.)
UDO-034
CCL-006
Prohibits external illumination of temporary signs. (On July 8th, the Council postponed this
item to August 5th and on July 15th moved its consideration to July 29th. On July 17th, Plan Staff
submitted CCL-006 which defined “externally” and “internally” illuminated signs. On July
29th, the Council adopted CCL-0006.)
UDO-069
CCL-009
Revises list of landscaping to add native species and prohibit certain invasive species. (On
July 8th, the Council postponed consideration of this item to August 5th and on July 15th moved
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its consideration to July 29th. On July 17th, Plan Staff submitted an amendment which suitable
and unsuitable cultivars of the “flowering crabapple” tree. On July 29th, the Council did not
reach this item and will, therefore, hear it first on August 5th.) On July
FRIDAY, JULY 31, 2009 – 10:00 a.m.
- Deadline for Submitting Revived Amendments, Revised Amendments, and New
Amendments for Consideration on the Evening of Wednesday, July 29, 2009
WEDNESDAY, AUGUST 5, 2009 (AFTER THE REGULAR SESSION WHICH BEGINS
AT 7:00 P.M.)
The Council will Consider Individual Motions Regarding the Following Text Amendments:
CCL-009
UDO-069
Revises list of landscaping to add native species and prohibit certain invasive species. (On
July 8th, the Council postponed consideration of this item to August 5th and on July 15th moved
its consideration to July 29th. On July 17th, Plan Staff submitted an amendment which suitable
and unsuitable cultivars of the “flowering crabapple” tree. On July 29th, the Council did not
reach this item and then adopted it on August 5th.)
UDO-090 Restricts seasonal sale of fireworks to CA districts and clarifies length seasonal sales are
permitted. (On August 5th the Council adopted this item.)
UDO-091 Adds maximum suburban parent tract size for Suburban Subdivision type. (On August
5th, the Council adopted this item.)
UDO-092 Requires more detail for models accompanying downtown development proposals (On
August 5th, the Council adopted this item.)
UDO-095
CCL-015
Defines certain urban agricultural activities and imposes special conditions on
community gardens in residential zones. (On August 5th, the Council adopted CCL-015.)
CCL-004
UDO-093
Requires grading permit for single family lots which have not been part of a larger
grading plan. (This amendment was not adopted by the Plan Commission. On July 10th, Cm.
Piedmont-Smith declared her intent to reintroduce and amend this amendment. On August 5th,
the Council adopted CCL-004.)
CCL-008
UDO-066
Clarifies “masonry” materials to be used in residential projects. (UDO-066 was adopted
by the Plan Commission and postponed on July 8th to August 5th by the Council. On August 5th,
the Council adopted CCL-008 which amended UDO-066. )
Other Amendments Declared by Council Members by July 10, 2009 and to be filed with the Council
Office by July 31, 2009
CCL-007
Allows banks to have up to three drive-through bays in CD district (On July 10th,
during discussion of UDO-038, Cm. Satterfield declared his intent to, among other
possible actions, introduce a new amendment on the subject of drive-through bays and
banks. On July 31, Cm Satterfield submitted CCL-007 which, if adopted, would be
treated as a Council initiative to amend the UDO under I.C. 36—4-607(b). On August
5th, the Council adopted this item.)
CCL-010
UDO-075
Converts density from units per acre to bedrooms per acre; Creates a weighting
system that encourages efficiencies and 1-bedroom units and discourages 4-
bedroom and 5-bedroom units. (UDO-075 was adopted by the Plan Commission. On
July 15th, the Council postponed consideration of this amendment until August 5, 2009
at the request of Councilmember Volan, who intends to introduce CCL-010 in order to
amend it. On August 5th, the Council adopted CCL-010.)
UDO-083
Converts minimum to maximum parking in non-residential, multifamily and affordable
single family developments. (On July 10th, Cm. Volan declared his intent to amend this
amendment or introduce a new amendment on this subject. On July 29th, the Council
considered CCL-013 which incorporates UDO-025, UDO-027, and UDO-044. By July 31st,
Cm. Volan had not submitted an amendment to UDO-083.)
UDO-094
CCL-012
Defines “primary” and “secondary” exterior finish materials. (On July 10th, Cm. Sturbaum
declared his intent to amend this amendment, but on July 31st indicated he would not do so.)
CCL-011
UDO-077
Reduces void to solid ratio on first floor facades in all Downtown Overlay districts. (On
July 15th, the Council adopted this amendment and allowed for it to be amended on August 5th.)
UDO-078 Prohibits residential uses on the ground floor along key corridors. (This
amendment was not adopted by the Plan Commission. On July 10th, Cm. Sturbaum
declared his intent to reintroduce this amendment without change.)
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CCL-003 (a)
CCL-003 (b)
UDO-082
Requires landscaping be installed when buildings are demolished unless a development
plan is approved. (UDO-082 was not adopted by the Plan Commission. On July 10th, Cm.
Sturbaum declared his intent to introduce CCL-003, which amends this amendment. On July
24th, he declared is intent to request postponement until August 5th to provide time to draft the
amendment. On July 29th, the Council agreed to postpone this amendment and place at the end
of the August 5th agenda, with the possibility that it would be considered in September in the
event the Council did not complete its deliberations that evening. On July 31st, Cm. Sturbaum
submitted CCL-003(a) and CCL-003(b) with the expectation that CCL (a) would be sponsored
by a Council member that evening.)
At the end of this meeting, the Council voted to continue the Special Session until after the
Regular Session on September 16th to consider the remaining amendments.
WEDNESDAY, SEPTEMBER 16, 2009 (AFTER THE REGULAR SESSION WHICH
BEGINS AT 7:00 P.M.)
The Council will Consider Individual Motions Regarding the Following Amendments Which
were Carried Over from the August 5th Meeting:
UDO-094
CCL-012
Defines “primary” and “secondary” exterior finish materials. (On July 10th, Cm. Sturbaum
declared his intent to amend this amendment, but on July 31st indicated he would not do so.)
CCL-011
UDO-077
Reduces void to solid ratio on first floor facades in all Downtown Overlay districts. (On
July 15th, the Council adopted this amendment and allowed for it to be amended on August 5th.)
UDO-078 Prohibits residential uses on the ground floor along key corridors. (This
amendment was not adopted by the Plan Commission. On July 10th, Cm. Sturbaum
declared his intent to reintroduce this amendment without change.)
CCL-003 (a)
CCL-003 (b)
UDO-082
Requires landscaping be installed when buildings are demolished unless a development
plan is approved. (UDO-082 was not adopted by the Plan Commission. On July 10th, Cm.
Sturbaum declared his intent to introduce CCL-003, which amends this amendment. On July
24th, he declared is intent to request postponement until August 5th to provide time to draft the
amendment. On July 29th, the Council agreed to postpone this amendment and place at the end
of the August 5th agenda, with the possibility that it would be considered in September in the
event the Council did not complete its deliberations that evening. On July 31st, Cm. Sturbaum
submitted CCL-003(a) and CCL-003(b) with the expectation that CCL (a) would be sponsored
by a Council member that evening. One or both of these amendments may be considered on
September 16th.)
CCL-014 Assembles Amendments into Three Attachments and Returns the Ordinance to
the Plan Commission (This amendment was carried over from the August 5th
meeting.)
Motion to Adopt Ord 09-12 As Amended
The Council may revise this schedule and continue consideration of the UDO to other dates by
a vote of the Council taken at any time during this Special Session.
Posted and Distributed on: Friday, September 11, 2009