BZA grants tree‑related variances for 503 N. Rogers; developer to plant hundreds of trees off‑site under MOU

The Bloomington Board of Zoning Appeals on Dec. 18 approved variances requested by Greystar Development for its proposed redevelopment of 503 North Rogers Street that would allow removal of more than 1 acre of existing closed canopy trees in exchange for a required off‑site tree remediation program.

Gabriel Holbrow, zoning planner, told the board the property is an atypically large downtown parcel (about 5.2 acres) in the MD‑S‑T overlay and currently contains a salvage yard. Greystar requested relief from tree and forest preservation, interior planting totals, and some street‑tree location standards. Holbrow said staff’s recommendation recognizes unique site constraints and recommends approval if the board adopts conditions requiring an MOU with the City of Bloomington Parks and Recreation Department and Planning and Transportation that commits the petitioner to off‑site remediation planting prior to final occupancy.

Holbrow described the petitioner’s calculations: the site contains about 1.09 acres of closed canopy that, under UDO calculation assumptions, would require Greystar to provide off‑site remediation equivalent to planting at least 97 large canopy trees to replace the removed canopy, plus an additional deficit of 46 interior planting trees the petitioner could not fit on‑site. Under the plan shown to the board, the petitioner proposed 73 large canopy trees and 20 ornamental trees on‑site with an off‑site planting program that could total roughly 143 large canopy trees, depending on final on‑site numbers.

John Anest of Greystar said the site contains many constraints—underground utilities, fire‑access lanes and stormwater detention needs—and that the company had worked with staff and parks to identify where off‑site plantings would provide the most public benefit. "We want trees on the property… what we're asking for is the ability to do that in a combination of on‑site planting and off‑site planting," Anest said.

Public comment was sharply divided. Several nearby residents described existing traffic congestion on Fairview Street, questioned whether off‑site plantings replace the neighborhood benefit of on‑site canopy, and called the swap a "scam." One speaker said planting trees in parks does not substitute for on‑site canopy where people live and work.

Petitioners responded that the off‑site planting locations would be selected with Parks & Recreation and that a formal agreement would ensure plantings are completed to specification. Tim Oakes, counsel for the petitioner, told the board the proposal anticipates more than 200 plantings including large canopy trees and ornamental trees and that the MOU would commit the developer to remediation plantings prior to issuing a site development permit.

The board voted to approve the three requested variances with three conditions: (1) provide the multi‑use trail connection shown conceptually; (2) execute an agreement with Parks & Recreation and Planning that ensures off‑site remediation plantings equal at least the 97‑tree remediation number plus any on‑site deficit; and (3) provide required street trees along frontages in general locations shown on the plan to the maximum extent practicable. The board adopted staff findings and granted the variances by roll call.

Planning staff and petitioner representatives said final planting counts and locations will be detailed in the MOU and the final site development permit materials.