Comments on: Planning Commission Draws Line Differently it's like being there Tue, 16 Sep 2014 04:56:38 +0000 hourly 1 By: Carl Carl Fri, 22 May 2009 19:20:25 +0000 Dave, thanks for your follow-up. It would seem more logical to solicit the immediate neighbors opinions during these more formative phases rather than when the language is resolved and ready for votes. But I suppose you’ve got to draw the line somewhere.

Fortunately in this case, it appears to be a fairly uncontroversial change. That property had been de facto Zingermans even before the fire, with the loading zone and sandwich lines creeping down Kingsley.

By: Dave Askins Dave Askins Fri, 22 May 2009 01:58:29 +0000 Re [1] From Wendy Rampson with systems planning in the city of Ann Arbor comes this general treatment of proper notice:


Proper notice for a public hearing on a master plan amendment is 1) a notice in the newspaper 15 days in advance of the meeting and 2) mailed notices to a list of groups required by statute (railroads, adjoining jurisdictions, county planning, etc.). On top of these requirements, the Planning & Development Unit also mails notices to registered neighborhood groups (like the Old Fourth Ward) and subscribers to the GovDelivery notice service approximately two weeks before the public hearing.

For a rezoning that exceeds ten parcels, the statute requires a newspaper notice 15 days in advance. Beyond that, the Zoning Ordinance requires that owners and occupants of property being rezoned and properties within 300 feet of a rezoning receive a mailed notice in advance of the public hearing for the zoning (usually concurrent with second reading).

Here’s the language about zoning amendments from Section 5:107 of Chapter 55:

(4) Public Hearing by City Council.

(a) A public hearing shall be held by the Council before adoption of any proposed amendment to this Chapter. Notice of the public hearing shall be given by publishing said notice at least once in a newspaper of general circulation in the City of Ann Arbor, stating the time and place of such hearing and the substance of the proposed amendment. This notice shall appear in said newspaper at least 15 days prior to the date set for the public hearing.

(b) Notice of the proposed zoning change shall also be made by the City Clerk mailing notification by first class mail to the person or firm to whom the property is assessed, and to all persons or firms to whom property within 300 feet are assessed, and insofar as is practically possible, to all occupants within 300 feet, provided, however, if the City can produce evidence that notice was mailed, failure of owners or occupants to receive such notices in any particular instances shall not invalidate any zoning ordinance enacted.


So, Carl, on my reading of this, the downtown plan (a master plan amendment) considered by planning commission on Tuesday would not have required the notification of people within 300 feet — just the “general alert” specified above.

For the rezoning, in the end a council issue, the timing of the mailed notification is keyed to the official public hearing on the zoning ordinance change, which for the A2D2 process has not yet been held (the session of city council held earlier in the spring devoted to public commentary on the subject was not the formal hearing) … that will come early July at the ordinance’s second reading.

By: Carl Carl Thu, 21 May 2009 20:55:20 +0000 Regarding the rezoning of 322 E. Kingsley, what is the definition of “proper notice” for citizens? I live three doors down from that property and have heard nothing about it. The Chronicle has been the only place I’ve read or heard anything.