Stories indexed with the term ‘413 E. Huron’

Backups: Lawyers, Sewers, Pumps

As part of a city study of Ann Arbor’s sanitary sewer system, a citizens advisory committee met on Jan. 9, 2014. The meeting was about backups – in several different senses.

Johanna Nader teaches a material science class at Slauson Middle School. The class projects were on display at the Slauson media center, where the most recent meeting of the city of Ann Arbor's citizens advisory committee

“Do not touch” reflects the attitude of some Ann Arbor homeowners toward their houses in the context of the city’s footing drain disconnection program. These class projects from Johanna Nader’s material science class at Slauson Middle School were on display at the Slauson media center. That’s where the most recent meeting took place for the city of Ann Arbor’s citizens committee that is advising the city’s sanitary sewer wet weather evaluation study. (Photos by the writer.)

The group’s charge includes making recommendations to the city council about the best way to manage the impact of rainfall on the city’s sanitary sewer system. Flows in the sanitary system are related to wet weather, even though the city has separate pipes for its sanitary and stormwater systems. That’s due to a variety of factors, including cracks in sanitary system pipes. Cracks can allow rainwater to soak into the pipes from above, and groundwater can come in from below.

But the factors that can increase the amount of water in the sanitary system during wet weather also include direct connections from stormwater systems into sanitary pipes. An example is a connection between a footing drain – part of a homeowner’s stormwater system running around the perimeter of basement foundations – and a sanitary sewer pipe. That’s a connection now prohibited by current building code, but still present in an estimated 16,000 houses in Ann Arbor.

If a deluge of water flowing into the sanitary system during a heavy rain becomes large enough, that can lead to two problems: (1) the extra volume can come up through the sanitary pipes in a homeowner’s basement, flooding the basement with a mixture of raw sewage and stormwater; and (2) the extra volume can overwhelm the city’s wastewater treatment facility, leading to the discharge of untreated sewage into the Huron River.

Over a decade ago, the city’s legislative response to this issue was to enact an ordinance that created a program requiring the systematic disconnection of property owners’ footing drains from the sanitary system. The city also created a way to pay for the work that uses funds from two sources – the city’s utility funds, or contributions from the owners of new developments. New developments help pay for the work because the city also created a program requiring that the developer of any new building in the city compensate for the additional load that the new building places on the sanitary sewer system. And the main way that developers choose to mitigate a new building’s added load on the sanitary system is to pay for footing drain disconnections.

So literal backups – of raw sewage in people’s basement, in the past and possibly in the future – were part of the basis for the committee’s work. But the group’s Jan. 9 meeting was devoted to “backups” in other ways as well. Assistant city attorney Abigail Elias presented the group with a couple of different assurances: (1) that the city would back the committee up if a lawsuit were to be filed against its members as a result of their recommendation; and (2) that she felt the city’s footing drain disconnect program had an adequate legal backup.

Meanwhile, rumblings that a lawsuit over the program could be filed continue to percolate to the surface. [Full Story]

Huron & Division

Near miss – a gravel truck making a right turn into the 413 E. Huron construction site almost clips a bicyclist riding next to the truck in the righthand lane. Quick acceleration on the part of the cyclist averts crash.

413 E. Huron to Get Technical Reconsideration

At the Ann Arbor city council’s May 20, 2013 meeting, the  controversial site plan for 413 E. Huron will likely be reconsidered and re-voted because of a technical detail in the resolution previously approved by the council on May 13, 2013. The resolution approved by the council on a 6-5 vote did not specify the correct date on the set of plans that the developer had submitted. [.pdf of May 20, 2013 staff memo explaining the issue]

The parliamentary procedure the council would need to use is to move for reconsideration. It’s only a member of the prevailing side – one of the six who voted in favor – who can move for reconsideration. Moving for reconsideration of a vote … [Full Story]

413 E. Huron: Approved on 6-5 Vote

The site plan application for 413 E. Huron – a proposed 14-story, 216-apartment building at the northeast corner of Huron and Division streets – has been approved by the Ann Arbor city council. The vote was 6-5 with dissenting votes coming from Sabra Briere (Ward 1), Sumi Kailasapathy (Ward 1), Jane Lumm (Ward 2), Stephen Kunselman (Ward 3), and Mike Anglin (Ward 5). Voting for the project were Sally Petersen (Ward 2), Christopher Taylor (Ward 3), Marcia Higgins (Ward 4), Margie Teall (Ward 4), Chuck Warpehoski (Ward 5) and mayor John Hieftje.

[Full Story]

May 13, 2013 Ann Arbor Council: In Progress

The Ann Arbor city council’s May 13, 2013 session of its May 6 meeting will begin with consideration of the site plan for 413 E. Huron St. – a 14-story residential building proposed for the northeast corner of Division and Huron streets in downtown Ann Arbor. Live updates will be filed from the meeting, and published “below the fold.”

Door to Ann Arbor city council chambers

Door to the Ann Arbor city council chamber.

The May 13 session – scheduled to start at 7 p.m. – will begin immediately with the agenda item on the 413 E. Huron site plan, unless the agenda is re-opened and amended in some fashion. None of the routine elements associated with the start of meetings, like public commentary reserved time, will be included. Those items were already dispatched on May 6.

It was around 11:30 p.m. on May 6 when the council decided to recess the meeting, and to resume it on May 13. At that point the council had completed eight public hearings and voted on a number of other items, before reaching the 413 E. Huron site plan.

While the 413 E. Huron site plan will be the first item that the council confronts, several other significant items appear on the remainder of the council’s agenda.

The council is scheduled to hear a first reading of proposed changes to the city’s public art ordinance. The proposal includes removing the requirement that 1% of all capital project budgets be set aside for public art.

Another ordinance change to which the council will be asked to give initial approval is a change to utility connection charges for undeveloped property.

In addition to initial consideration of changes to those two ordinances, the council will be asked to give an initial approval to rezoning of two different parcels – a property at 490 Huron Parkway and on South State Street. The property on Huron Parkway is supposed to be rezoned from R3 (townhouse district) to R1B (single-family dwelling) and would allow the currently vacant 1.22-acre site, located north of Ruthven Park, to be divided into three separate lots.

The State Street Center project is located adjacent to a new Tim Hortons restaurant, which opened last year. The rezoning request is from O (office) to C3 (fringe commercial). It would make the actual zoning consistent with the city’s official zoning map, which had been mislabeled. The site plan calls for demolishing a vacant 840-square-foot house and building a one-story, 1,700-square-foot building with a drive-thru Jimmy John’s restaurant facing South State Street.

An expansion to the Theta Delta Chi house on State Street is also on the agenda for approval.

The Ann Arbor fire department shows up on two different items – one to accept a federal grant that will pay for exhaust fume removal systems for fire stations, and another to appropriate funds to replace protective gear worn by firefighters.

And the University of Michigan appears in two different agenda items. One item authorizes a contract for the city worth more than $600,000 in connection with the vehicle-to-vehicle study – for which the UM Transportation Research Institute (UMTRI) won a $14 million federal grant. The other item related to UM involves a right-of-way agreement for the placement of electrical conduit under Tappan Street, so that an emergency generator can serve a law school dorm.

Other agenda items include some resolutions necessary to impose a special assessment on property owners along Miller Avenue, to help pay for construction of new sidewalks. And the council will be asked to choose Coke over Pepsi as the vendor for Ann Arbor’s city parks. [Full Story]

City Council Sets Up for 413 E. Huron

Ann Arbor city council meeting (May 6, 2013 – May 6 session): Although the council did not take final action on many agenda items, it did complete eight public hearings and postponed some significant questions – before deciding to recess the meeting for a week. When the same meeting resumes on May 13, the first item to be confronted by the council is the site plan approval for the 413 E. Huron apartment project.

Fourth Avenue between Huron and Washington streets.

Recess of the Ann Arbor city council’s May 6 meeting around 11:30 p.m.  – after eight public hearings and action on a few business items – paved the way for the council to resume the same meeting on May 13, with the 413 E. Huron project as the first item to be considered at that time. This photo shows Fourth Avenue between Huron and Washington streets, which will be repaired in the summer of 2013 as the result of a contract approved at the council’s May 6 session. (Photos by the writer.)

The council decided to suspend the proceedings around 11:30 p.m. – a different strategy than the one taken at the council’s April 15 meeting. On that occasion, councilmembers let the meeting continue until about 3 a.m. before deciding to end the session, postponing all remaining items until the next regular meeting on May 6.

At its May 6 meeting, the council voted unanimously to postpone until Sept. 3 one of the most controversial items on the agenda – revisions to the ordinance governing the Ann Arbor Downtown Development Authority. The most significant revision would clarify language from the original 1982 ordinance, which caps tax increment finance (TIF) revenue to the DDA. The clarifications would not allow for the kind of interpretation the DDA has given the ordinance for the last two years, which has resulted in no return of excess TIF to jurisdictions that have their taxes captured by the DDA.

Stephen Kunselman (Ward 3) led off communications time early in the meeting by describing some further changes he was prepared to make to the DDA ordinance – which would earmark money to support affordable housing. During the public hearing on the ordinance changes, the council heard from speakers on both sides, including five members of the DDA board. A highlight was the apparent initial indication of a slightly moderated position by some opponents of the ordinance changes. The council’s relatively brief deliberations on postponement revealed only grudging support from some councilmembers for putting off the vote for four months. Margie Teall (Ward 4) and Christopher Taylor (Ward 3) made clear they did not support the proposed changes to the ordinance.

The council also postponed action on a revision to the city’s sign ordinance, which would allow only certain types of digital signs. The ordinance amendments would cap the total number of billboards in the city at 28 and allow them to remain in place as non-conforming signs. It would not allow for retrofitting any existing billboards with digital technology. The council has already given the ordinance initial approval, and will take up the issue again on June 17.

Another item postponed by the council was consideration of a video privacy ordinance, which has not yet been given initial approval. That will come back to the council’s May 20 meeting.

Receiving approval from the council was the site plan for Summit Townhomes, located on Ellsworth Road. The project has been working through the city’s review and approval process for more than a year.

The downtown section of Fourth Avenue was somewhat of a geographic highlight for the May 6 meeting. The council approved a $741,900 contract with E.T. MacKenzie Co. to make improvements on Fourth Avenue between Huron and Liberty streets this summer. And the council formally withdrew its objection to renewal of the liquor license for The Arena, a bar located at Washington and Fourth. The Arena finally paid back taxes, which led to the council’s vote – but not without complaint from some councilmembers.

Another highlight of the meeting was the general topic of appointments to city boards and commissions. A brief discussion of how appointments work was prompted by the observation during public commentary that none of the appointments are current for members of the downtown citizens advisory council. The city council put off voting to confirm Stephanie Buttrey’s appointment to the greenbelt advisory commission. And not reached on the agenda were nominations to replace Jesse Bernstein on the board of the Ann Arbor Transportation Authority and Eric Mahler on the city planning commission – with Susan Baskett and Paras Parekh, respectively. [Full Story]

413 E. Huron First Item on May 13 Agenda

The first item on the Ann Arbor city council’s agenda, when it resumes its May 6, 2013 meeting next week on May 13, will be consideration of the site plan for the 413 E. Huron project. The project is a roughly 500-bedroom apartment building proposed for the northeast corner of Division and Huron streets.

The council suspended its May 6 meeting at around 11:30 p.m. after completing eight public hearings – including one on 413 E. Huron – and voting on a number of other business items. The same meeting will resume at 7 p.m. on May 13.

This brief was filed shortly after the May 6 meeting concluded. A more complete report of the meeting will follow: [link]

413 E. Huron Gets Postponed

On a unanimous vote taken around 3 a.m., the Ann Arbor city council decided to postpone all remaining action items on its agenda until its May 6 meeting, including the site plan application for 413 E. Huron – a proposed 14-story, 216-apartment building at the northeast corner of Huron and Division streets.

413 E. Huron: critical root zones of landmark trees are shown by the dashed circles From the site plan application for 413 E. Huron. Critical root zones of landmark trees are shown by the dashed circles. The root zones were a focus of … [Full Story]

Deliberations on DDA Pave Way for Final Vote

Ann Arbor city council meeting (April 1, 2013): The council’s first meeting in April featured some progress on items that have appeared repeatedly on its agenda in the last several weeks.

From left: Jane Lumm (Ward 2), assistant city attorney Mary Fales and Stephen Kunselman (Ward 3).

From left: Jane Lumm (Ward 2), assistant city attorney Mary Fales and Stephen Kunselman (Ward 3). (Photos by the writer.)

After two postponements, the council gave initial approval to a set of changes to the ordinance that establishes the Ann Arbor Downtown Development Authority (DDA). The changes can be divided into those that affect board composition and those that relate to the computation of the DDA’s tax increment finance (TIF) capture.

The tax calculations have implications of roughly $1 million a year for the DDA and the taxing jurisdictions whose taxes are captured by the DDA. Those taxing jurisdictions include the city of Ann Arbor, Washtenaw County, Washtenaw Community College and the Ann Arbor District Library. The vote was 7-3, as mayor John Hieftje, Margie Teall (Ward 4) and Chuck Warpehoski (Ward 5) voted no. Christopher Taylor (Ward 3) was absent. The final vote will likely come at the council’s April 15 meeting. Councilmembers are not obligated to vote the same way the second time around.

The council also wrapped up an issue that has appeared on its agenda for several meetings. At its March 18 meeting, the council had finally decided not to enact a moratorium on site plan applications in D1 (downtown core) zoning districts. Instead, the council had directed the planning commission to conduct a review of D1 zoning. But councilmembers had left open the question of the exact scope of work and the timeframe for its completion by planning commissioners. At the April 1 meeting, the council allowed the commission six months, until Oct. 1, to review the following: the appropriateness of D1 zoning on the north side of Huron Street between Division and South State and the south side of William Street between South Main and Fourth Avenue; the residential premiums; the zoning for the University of Michigan Credit Union parking lot.

Other business was further delayed by the council. At the developer’s request, the council postponed for a second time the 413 E. Huron project, a proposed 14-story, 216-apartment building at the northeast corner of Huron and Division streets. That project will come back before the council at its April 15 meeting. A new public hearing on the 413 E. Huron site plan application was started on April 1 and will continue on April 15.

The council also postponed a second and final vote on changes to the city’s sign ordinance. The changes would prohibit any new billboards, and allow only a limited range of digital signs. That won’t come back before the council until May 6. Several people addressed the council during the public hearing. All of them worked for Adams Outdoor Advertising, and spoke in opposition to the changes. Because of the postponement, the council extended a moratorium on digital sign applications, which has now been in place for a year.

The council also extended a moratorium on spending of monies that have been set aside under the city’s Percent for Art ordinance. A revision to that ordinance, which would likely eliminate the public art set-aside but still allow for aesthetic elements to be built into a project, is expected to be brought forward in the next few weeks. The public art ordinance revisions are being crafted by a council committee that was tasked with that responsibility in December of 2012.

At its April 1 meeting, the council also approved contracts for renovations at the Gallup Park canoe livery, and the Argo and Geddes dams. In addition, the council approved a lease for additional parking in connection with the Argo Cascades.

Other business at the meeting included council approval of the notice to issue bonds for the city’s drinking water system. The council also authorized contracts in connection with street reconstruction and sidewalk repair work for the 2013 season. [Full Story]

413 E. Huron, Zoning Review: They’re Back

Ann Arbor city council meeting (March 18, 2013) Part 2: In a session that lasted until nearly 2 a.m., lengthy public commentary and council deliberations focused on two related items at the council’s last regular meeting: (1) a possible moratorium on D1 (downtown core) site plans; and (2) the site plan for 413 E. Huron, located in a D1 district. Both items resulted in some unfinished business that will need to be addressed at the council’s April 1 meeting.

413 E. Huron project. Left is the original rendering considered by the planning commission. Right is an updated version presented to the city council on March 18, 2013

Images for the proposed 413 E. Huron project, at the northeast corner of Huron and Division. On the left is the original rendering considered by the planning commission. On the right is an updated version presented to the city council on March 18, 2013. Even more revisions could be presented at the April 1 council meeting.

The council decided to conduct a review of D1 zoning, without imposing a moratorium. But councilmembers left some work on that issue until April 1, when the review’s clear scope of work and timeline are expected to be set.

The lack of any moratorium cleared the way to consider the 413 E. Huron project. Even though councilmembers deliberated in a fair amount of detail on the project, they still had a number of questions they wanted to pursue with the developer. So the council decided to postpone the item until April 1.

The council’s discussion of the 413 E. Huron project included a fine-grained examination of the project’s compliance with zoning code regarding the disturbance of natural features – trees in particular. It was punctuated by a resident shouting “You lie!” as the developer’s representative – Conor McNally of Atlanta-based Carter – responded to questions from councilmembers.

According to a letter sent by the developer to the council on March 29, councilmembers continued to submit additional questions in writing through March 28. That led to a request from the developer to remove the item from the April 1 agenda in favor of April 15, to allow for time to respond to questions. The developer is also hoping to revise 3D renderings to show changes in the building that have been made since March 18.

The developer’s request to pull the item from the agenda can’t be accommodated – because the council voted to postpone until a date certain, which means the item will need to appear on that April 1 agenda. To remove it would require a decision of the council, and that can’t be done administratively at the direction of the planning staff or on the initiative of the city clerk.

So the item will appear on the agenda, although the council may be inclined to make their deliberations brief, if their intent is to postpone it until April 15 – which would be consistent with the developer’s expressed preference. The public hearing on the site plan appears on the April 1 agenda as well, although it was declared closed by mayor John Hieftje on March 18.

This report includes a summary of public commentary and council deliberations on the moratorium and the 413 E. Huron site plan from March 18. A write-up of other agenda items is included in Part 1 of the March 18, 2013 meeting report. [Full Story]

413 E. Huron Project Gets Postponed

A site plan for a 14-story, 216-apartment building at the northeast corner of Huron and Division streets has been postponed by the Ann Arbor city council. The vote to postpone the 413 E. Huron project came at the council’s March 18, 2013 meeting. It will be back on the agenda for the council’s April 1 meeting.

413 E. Huron from the northwest. Division Street runs left-and-right across the rendering, from the site plan submission by the developer. 413 E. Huron from the northwest. Division Street is in the foreground … [Full Story]

Council’s Meeting Dominated by Downtown

Ann Arbor city council meeting (March 4, 2013): The council had five items on its agenda related geographically to downtown Ann Arbor – but delayed voting on two of them.

Architect Brad Moore (left) talks with resident Ray Detter. Moore is architect for two projects that were on the council's March 4 agenda – Blue Heron Pond and 624 Church St. The councils approval of both site plans indicates the council is not contemplating imposing a Moore-atorium on site plans.

Architect Brad Moore (left) talks with resident Ray Detter. Moore is architect for two projects that were on the council’s March 4 agenda – Blue Heron Pond and 624 Church St. The council’s approval of both projects indicates the governing body is not contemplating a Moore-atorium on site plans. (Photos by the writer.)

On one of those items, the council voted to postpone its initial consideration of changes to Chapter 7 of the city code, which governs the way the tax increment finance (TIF) capture is calculated for Ann Arbor’s downtown development authority. The revisions to Chapter 7 would also affect the composition of the DDA board, excluding elected officials from service.

The council also postponed until its next meeting, on March 18, a possible moratorium on site plan review for projects in the downtown. The possible moratorium previously had been postponed from the council’s Feb. 19 meeting. After hearing extensive public commentary on the topic on March 4 – from residents and representatives of the developer of a proposed 14-story residential project at 413 E. Huron – the council went into closed session.

On emerging from the closed session, the council voted, without deliberation, to postpone the item. The wording in the resolution provides an exemption from the moratorium for site plans that already have a recommendation for approval from the city planning commission. If enacted, the moratorium as worded would still apply to the 413 E. Huron project, because the planning commission’s 5-3 vote for approval fell short of the six it needed for a positive recommendation. The 413 E. Huron site plan is now expected to be on the same March 18 meeting agenda when the moratorium will be re-visited.

Eluding the impact of the proposed moratorium’s wording was another downtown project, which appeared on the March 4 meeting agenda. The site plan for a 14-story apartment building at 624 Church St. was approved at the council’s meeting – but that project would not have been impacted by the moratorium as it’s currently proposed. That’s because it had received a recommendation of approval from the city planning commission.

The council also voted to reconstitute a task force to re-evaluate the downtown design guidelines, which supplement the city’s zoning regulations.

In the final downtown-related item, the council voted to direct the city administrator to issue a request for proposals for brokerage services to possibly sell the city-owned parcel at Fifth and William streets – the location of the former Y building. It’s currently used as a surface parking lot in the city’s public parking system.

While the city is contemplating the sale of that site, which it purchased for $3.5 million, the council voted to buy a much less expensive parcel outside the downtown, near the Bluffs Nature Area. The council approved a purchase price of $115,000 for the parcel, which is located off Orkney Street.

The council also approved two other site plans for projects not in the downtown – although the four-unit project at 515 N. Fifth is near the downtown. The council also approved the Blue Heron Pond development, a 64-unit project on the western side of town, located at Liberty and Maple.

In other business, the council approved receipt of a federal grant to demolish two of the buildings on the city-owned property at 721 N. Main. The buildings are in the floodway. A third building, in the flood fringe, is being studied by the city for possible reuse.

The property at 721 N. Main is a former maintenance yard. So none of the 44 vehicles authorized for purchase by the council at the March 4 meeting will be maintained there. Total cost of the vehicles was $928,499.

None of the vehicles authorized for purchase was a plug-in electric vehicle. However, the council passed a resolution in support of preparing city infrastructure for plug-in vehicles. Two-other energy-related agenda items included one supporting the city’s participation in Earth Hour, and another one supporting use of the city’s energy fund for energy improvements in connection with community projects.

An item that drew considerable discussion before approval related to street closings associated with the June 9, 2013 Ann Arbor marathon. [Full Story]

Council Postpones Action on Moratorium

The Ann Arbor city council unanimously voted to postpone a resolution that would have enacted a six-month moratorium on the acceptance of new site plans for downtown Ann Arbor. The action took place at the council’s March 4, 2013 meeting following a closed session. Although the council heard extensive public commentary on the issue, councilmembers did not deliberate before voting to postpone the resolution until their March 18 meeting.

Ann Arbor zoning. Darker red areas are zoned D1. Lighter brownish areas are zoned D2. Ann Arbor zoning. Darker red areas are zoned D1. Lighter brownish … [Full Story]

Site Plan Moratorium: Commentary, No Action

Ann Arbor city council meeting (Feb. 19, 2013): Land use was the predominant theme of the meeting, linking several different agenda items – but the council chambers were filled mostly with people interested in just one of them.

Orange Almonds

The architecture of councilmember snacks at the Feb. 19, 2013 meeting provided a nutritional buffer against zoning out during the meeting: a stacked configuration of units for fruit and nuts. (Photos by the writer.)

The item drawing that interest was a proposed six-month moratorium on site plan review by the city for projects in the D1 (downtown core) zoning district. After holding a nearly one-hour closed session to review written legal advice from the city attorney’s office, the council decided to postpone the issue until March 4, its next regular meeting.

Exceptions to the proposed moratorium are provided for projects that have already received a recommendation of approval from the city’s planning commission. While that exception applies to a large residential project at 624 Church St., it does not exempt a larger project at 413 E. Huron. Planning staff had concluded that the East Huron project meets all the zoning requirements. But the planning commission’s vote on 413 E. Huron was only 5-3 in favor of recommending approval – one vote short of the six it needed. Ordinarily developers can, on their own initiative, bring a site plan to the city council for action, even without the planning commission’s recommendation.

If the resolution is enacted, then during the period of the moratorium, the planning commission would be directed to review the D1 zoning standards against site plans submitted since 2009, when new zoning regulations were established. The commission would be asked to make recommendations by June 4, its first meeting in June. The postponed resolution states that the council is supposed to take any action by Aug. 19, its second meeting in August.

Legal counsel for the 413 E. Huron developer addressed the council, intimating that if a moratorium were enacted, then a lawsuit would be filed against the city. Attorney Susan Friedlaender expressed skepticism about a provision in the postponed resolution that provided a way for an aggrieved party to have a hearing before the council. The council will take up the moratorium again on March 4.

Also postponed was a related resolution to reconvene the design guidelines task force, which would be asked to recommend improvements in the design review process. That resolution also will be taken up on March 4.

In another item related to downtown land development, the council completed an accounting step – establishing a project budget – in connection with roughly $9 million of bonds recently sold by the city. Those bonds are funding the public parking deck portion of the private City Apartments project now under construction at First and Washington. The Ann Arbor Downtown Development Authority will be making the bond payments.

Another land use issue postponed by the council was the proposed purchase of a parcel immediately adjacent to the Bluffs Nature Area. The postponement was based on council questions about the need for additional access from the west side of the nature area, and the price to be paid out of the city’s open space and parkland preservation millage. Related to that same millage, the council approved applying to the USDA Farm and Ranch Land Protection Program (FRPP) for matching funds to acquire development rights on two farms as part of the city’s greenbelt program.

In other land zoning issues, the council gave final approval to the owner-requested rezoning of some residential properties in the Arbor Hills neighborhood. The council also gave initial approval to a rezoning that would allow a retail project called The Shoppes to be built near the junction of Plymouth and US-23.

The council took action related to city-owned land at 721 N. Main, approving a $30,000 physical study of the main building on that former maintenance yard, to see if it can be re-used. At least part of that site is slated to become part of an Allen Creek greenway.

Across the street from 721 N. Main stands a collection of vacant houses that were supposed to be demolished to make way for the Near North affordable housing project. With that project now defunct, the city is moving to demolish the houses as nuisances. The council’s action on Feb. 19 was to accept about $96,000 in additional federal funds through a community development block grant, which can be used only for demolition of houses on the former Near North site.

In other action, the council formally adopted a sustainability framework that now will be part of the city’s master plan. And related to sustainability, the city council authorized the issuance of up to $1 million in bonds for the property assessed clean energy program (PACE). The PACE program provides low-interest loans for owners of commercial properties to invest in energy saving improvements.

Changes to the city’s living wage ordinance also were on the Feb. 19 agenda. The council had previously contemplated but ultimately postponed those changes. This time around, they were tabled. That means the issue will not come back, unless the council proactively decides to take up the proposal again in the next six months.

Also as a result of council action on Feb. 19, the municipal airport will get new fencing. [Full Story]

Put Off: Moratorium on Downtown Site Plans

A six-month moratorium on the acceptance of new site plans for developments in downtown Ann Arbor has been postponed by the city council until its March 4 meeting – in a unanimous vote taken at its Feb. 19, 2013 meeting.

At the same Feb. 19 meeting, the council also postponed a resolution that called for reconvening the downtown design guidelines task force to review and make recommendations to city council regarding improvements to the design review process. Currently, developers must follow a mandatory process of review for downtown projects, but are not required to comply with the board’s recommendations. The resolution was added to the agenda about an hour before the meeting started. Members of the task force mentioned in the … [Full Story]

Possible Moratorium To Delay 413 E. Huron?

According to city council sources, a resolution calling for a moratorium on development in downtown Ann Arbor will be placed on the Feb. 19, 2013 meeting agenda. As of Feb. 14, the item had not yet been added.

Ann Arbor zoning. Darker red areas are zoned D1. Lighter brownish areas are zoned D2.

Ann Arbor zoning. Darker red areas are zoned D1. Lighter brownish areas are zoned D2.

If the moratorium were enacted – a pause that might last up to a year – it would delay a controversial proposed residential project at 413 E. Huron. During the proposed moratorium, the planning commission would be directed to review the zoning designations for the D1 (downtown core) and D2 (interface), and make recommendations to the city council for possible zoning changes. During the moratorium, projects for D1 and D2 areas that do not already have a planning commission recommendation of approval could not be considered by the city council. The D1 and D2 zoning is relatively young, having been enacted on Nov. 16, 2009 – as the result of the Ann Arbor Discovering Downtown (A2D2) process.

Results of the planning commission’s review of D1 and D2 zoning, according to the Feb. 19 draft resolution, would be due to the city council by the end of August 2013. The maximum length of the moratorium would be a year from the date of enactment. If the council were to change the zoning designation, and if that decision survived any legal challenge, that could ultimately stop the 413 E. Huron project from ever being built.

That project calls for a 14-story, 271,855-square-foot apartment building with 533 bedrooms, marketed primarily to university students. The parcel is zoned D1 – the highest allowable density in the city. The northern edge of the site is adjacent to the Old Fourth Ward Historic District, including historic single-family homes along North Division. [Full Story]

413 E. Huron Highlights A2D2 Concerns

Ann Arbor planning commission meeting (Feb. 5, 2013): The contentious debate about zoning for the north side of East Huron Street – which had appeared to be settled with the 2009 A2D2 (Ann Arbor Discovering Downtown) zoning project – emerged again as the planning commission deliberated the proposed 413 E. Huron development this month.

Ilene Tyler, Ethel Potts, Eleanor Pollack, Ann Arbor planning commission, The Ann Arbor Chronicle

From left: Ilene Tyler, Ethel “Eppie” Potts and Eleanor Pollack at the Feb. 5 meeting of the Ann Arbor planning commission. All three residents spoke against the 413 E. Huron project at a public hearing that lasted nearly two hours. (Photos by the writer.)

Following a lengthy discussion and public hearing that drew 33 speakers, commissioners voted 5-3 to recommend approval of the site plan and development agreement for the residential project at the northeast corner of Huron and Division. However, because a recommendation of approval for site plans requires at least six votes, the project will be forwarded to city council with a technical denial.

Voting against the project were Sabra Briere, Ken Clein and Wendy Woods. Voting to recommend the project were Diane Giannola, Bonnie Bona, Tony Derezinski, Kirk Westphal and Eleanore Adenekan. Eric Mahler was absent.

The action at the commission’s Feb. 5 meeting followed an earlier decision on Jan. 15, 2013 to postpone a recommendation, pending input from the Michigan Dept. of Transportation. That meeting also included an extensive public hearing.

The proposal calls for a 14-story, 271,855-square-foot apartment building with 533 bedrooms, marketed primarily to university students. The parcel is zoned D1 – the highest allowable density in the city. The northern edge of the site is adjacent to the Old Fourth Ward Historic District, including historic single-family homes along North Division.

Most speakers during the public hearing were harshly critical of the project, as were most planning commissioners – even those who eventually voted to recommend approval. Diane Giannola, describing herself as a very “design tolerant” person, said that even for her, the building’s design isn’t attractive. Clein, a commissioner who is a principal with Quinn Evans Architects, noted that the building’s design has been dubbed “Death Star Moderne” for its dark, looming style.

Many of the objections related to the design’s insensitivity to the adjacent neighborhood. However, Scott Reed – one of the few speakers who supported the project – argued that if context is an issue, then the context of the surrounding neighborhood should be changed. “Bulldoze it if you have to,” he said. Also supporting the project was Adam Lowenstein – owner of BTB Burrito, Good Time Charley’s and LIVE – who said that downtown business owners welcome the influx of new residents.

Several planning commissioners advocated for starting a review of the A2D2 zoning and of the city’s design review process – echoing the sentiments of several speakers at the public hearing, too. Although the city council had directed such a review to occur one year after the new zoning and design guidelines were approved in 2009, there have been few projects completed during that time and a review has not yet taken place. The planning commission and staff are expected to take up the issue.

At the end of the Feb. 5 meeting, commissioners dealt with another project, voting to postpone action on a proposal to build 19 single-family houses on Hideaway Lane off Traver Road – near the city’s Leslie Park Golf Course. Commissioners were following a staff recommendation that cited the need to resolve several outstanding issues. [Full Story]

Six Votes Needed for Recommendation

A Civic News Ticker reported that the 413 E. Huron project received a recommendation of approval from the Ann Arbor planning commission at its Feb. 5, 2013 meeting. The vote was 5-3 in support of approval. However, six votes are needed for a formal recommendation of approval for a site plan, so the project received a technical denial. We note the error here, and have corrected the original report.

413 E. Huron Goes to Council, Despite Protest

Following a lengthy discussion and public hearing that drew 33 speakers, Ann Arbor planning commissioners voted 5-3 to recommend approval of the site plan and development agreement for a controversial development at 413 E. Huron, at the northeast corner of Huron and Division. But the vote tally meant that the site plan failed to reach the required six votes to achieve a recommendation of approval. The action at the commission’s Feb. 5, 2013 meeting followed an earlier decision on Jan. 15, 2103 to postpone a recommendation, pending input from the Michigan Dept. of Transportation.

Voting against the project were Sabra Briere, Ken Clein and Wendy Woods. Voting to recommend the project were Diane Giannola, Bonnie Bona, Tony … [Full Story]

Public Speaks Out On Apartment Projects

Ann Arbor planning commission meeting (Jan. 15, 2013): More than 35 people spoke during various public hearings at the most recent planning commission meeting, but most were on hand to protest a student housing development proposed for the northeast corner of Huron and Division.

Chuck Gelman, Scott Reed, Ann Arbor planning commission, The Ann Arbor Chronicle

From left: Chuck Gelman and Scott Reed at the Ann Arbor planning commission’s Jan. 15, 2013 meeting. Gelman, founder of the former Gelman Sciences Inc., lives in Sloan Plaza and opposes the adjacent proposed development at 413 E. Huron. In contrast, Reed believes the residential project is “desperately needed.” (Photos by the writer.)

Following a public hearing that included some emotional pleas to halt the project, planning commissioners voted to postpone action on a site plan for 413 E. Huron, a 14-story residential development geared to university students. City planning staff had recommended postponement because input on the project hadn’t yet been received from the Michigan Dept. of Transportation, which must weigh in because of the building’s location along a state trunkline – Huron Street.

The design came under harsh criticism during the Jan. 15 public hearing, with some residents – including several from the adjacent Sloan Plaza – calling it a “behemoth,” a “folly” and a “massive student warehouse.” Several people criticized the developer for not being sufficiently responsive to concerns raised by the city’s design review board or feedback from residents.

Planning staff indicated that the item could be on the commission’s next regular meeting agenda, on Feb. 5. When commissioner Eric Mahler noted that the public hearing would continue, someone from the audience called out, “We’ll be back!”

Another 14-story student apartment building – at 614 Church St., on the Pizza House property – was also on the Jan. 15 agenda, and ultimately received a recommendation of approval from commissioners. That decision came despite objections from representatives of the adjacent Zaragon Place apartments at 619 E. University.

Concerns were raised about how Zaragon residents will be impacted by construction at 624 Church. Zaragon opened a few years ago and is marketed to University of Michigan students. The developers of 624 Church intend to market their apartments to the same demographic. Larry Deitch, an attorney who also serves as a UM regent, was on hand to represent the Zaragon owners. He said they didn’t object to the project itself, but were concerned about safety related to the use of a crane during construction, among other issues.

Planning staff indicated that the issues raised by Deitch and other Zaragon representatives would be handled at the building permit stage. The planning commission was being asked to address planning and zoning requirements, and the project was in conformance with those regulations.

In discussing the project, Mahler pointed out that the city had gone through a “robust” discussion about zoning as part of the A2D2 process, and had decided that this area should be zoned D1. Now that D1 projects are coming forward, “we need to get used to that,” he said.

Commissioners dealt with two other items on the Jan. 15 agenda. They recommended approval of the site plan and rezoning for a retail development at 3600 Plymouth Road, just west of US-23 – called The Shoppes at 3600. The project had previously been postponed by the commission on Nov. 7, 2012.

Another item moving forward is a request for annexation of 2925 Devonshire Road, one of several Ann Arbor Township “islands” within the city. Commissioners also recommended approval to zone the 0.66-acre site as R1A (single-family dwelling district). The item prompted a brief discussion about the need for better communication with Ann Arbor Township officials. [Full Story]

Post-Election DDA: Routine Reports, Retreat

Ann Arbor Downtown Development Authority board meeting (Nov. 7, 2012): The board’s first-Wednesday monthly noon meeting often falls the day after Election Day, as it did this year. That left executive director of the DDA Susan Pollay with less sleep than others – as she did not conclude her duties on one of the city’s 11 absent voter count boards until around 3 a.m.

DDA board chair Leah Gunn checks her smart phone before the start of the Nov. 7 meeting.

DDA board chair Leah Gunn checks her cell phone before the start of the Nov. 7 meeting. (Photos by the writer.)

But the DDA board’s agenda was relatively light. It did not include any voting items, and consisted of a series of reports and commentary – some of it in preparation for the board’s upcoming annual retreat on Nov. 16.

Sketching out the retreat for the board, Pollay told them that for the first time in the nearly 17 years she’s served as executive director, there is no “next big project.”

A big project the DDA is just completing is the construction of the Library Lane underground parking garage on South Fifth Avenue. The construction bills for that project were included in last year’s (FY 2012) budget, but not all of them came in by year’s end. So as board member Roger Hewitt reported, the first quarter financial statements for this year include bills that were originally budgeted for last year. When all the construction bills are paid, a budget adjustment will be made, he said. In any case, he characterized the DDA’s financial position as strong.

The board was also briefed on the public parking system, which the DDA manages under a contract with the city of Ann Arbor. Chronicle coverage of the parking report came earlier in a preview article.

The board got an update on two projects recently proposed for the downtown, which have now undergone review by the city’s design review board, and for which citizen participation meetings have been held: 624 Church Street, next to Pizza House; and 413 E. Huron at Division Street. The next formal step for both of those projects will be submission to the Ann Arbor planning commission.

At the meeting it was reported that the developer of the 413 E. Huron project also has a possible interest in the city-owned properties that are included in the scope of the Connecting William Street (CWS) planning project, which the DDA is overseeing. The board got an update on CWS – the process is expected to result in a recommendation made to the city council before the end of the year.

The board also got an update on the review of an issue that mayor John Hieftje has pushed the DDA to address for the last three years: bicycle riding on downtown sidewalks. For now it looks like the DDA is not likely to move forward on that issue, until the problem is more clearly defined. [Full Story]