Stories indexed with the term ‘D1 zoning’

July 21, 2014: Council Live Updates

Editor’s note: This “Live Updates” coverage of the Ann Arbor city council’s July 21, 2014 meeting includes all the material from an earlier preview article published last week. The intent is to facilitate easier navigation from the live updates section to background material already in this file. 

Outcomes from the meeting are also reported in the Civic News Ticker.

A common theme among several items on the Ann Arbor city council’s July 21, 2014 agenda is infrastructure. That includes physical infrastructure – like roads, sidewalks, bridges and buildings. But it also includes legal infrastructure. The council will be considering a resolution that would put a charter amendment in front of voters for the Nov. 4 election. The amendment would establish eligibility requirements for elected officials, after a federal court ruled earlier this year that the existing charter requirements are not legally enforceable.

The sign on the door to the Ann Arbor city council chamber, installed in the summer of 2013, includes Braille.

The sign on the door to the Ann Arbor city council chamber includes Braille.

Another significant item that was initially placed on the July 21 agenda – but is expected to be withdrawn by its sponsor, Chuck Warpehoski (Ward 5) – is a resolution that would direct the city administrator to list the 415 W. Washington property for sale.

Two other land acquisition items on the agenda would put the city on the purchasing end. A resolution sponsored by Stephen Kunselman (Ward 3) would inquire with the owner of 2805 Burton Road, located just west of US-23, about whether it is available for purchase by the city. It’s the site of a long-in-the-works affordable housing project that has never started construction.

And a resolution sponsored by Margie Teall (Ward 4) would authorize the purchase of the property at 3401 Platt Road on behalf of the Ann Arbor Housing Commission (AAHC). Cost of the purchase would be $195,000, to be reimbursed to the city by AAHC. The AAHC is undertaking reconstruction of its properties adjoining this parcel, and this acquisition would facilitate that.

The July 21 meeting is the council’s last one before the Tuesday, Aug. 5 primary elections. The meeting that week is shifted from Monday to Thursday, and will fall on Aug. 7.

Physical infrastructure on the agenda includes a $1,537,608 construction contract with Bailey Excavating Inc. for the Springwater subdivision improvements project. That work will cover the reconstruction of streets and some utilities – on Butternut Street from Cardinal Avenue to Springbrook Avenue, and Nordman Avenue from Packard Road to Redwood Avenue.

Another road reconstruction project on the agenda is a $3,445,200 agreement with the Michigan Dept. of Transportation (MDOT) for the Stone School Road improvements project – between I-94 and Ellsworth Road. The planned work consists of reconstructing Stone School Road as a two-lane road with on-street bike lanes and concrete curb and gutter.

A second agreement with MDOT, which will require about $250,000 of local funding, will establish the city as construction manager for the construction of sidewalks on the south side of Scio Church Road between Delaware Drive and Maple Road, and on the south side of Barton Drive from about 250 feet west of Chandler Road to Longshore Drive. A portion of the funding for both projects will be derived from a special assessment of adjoining property owners.

Final approval of a special assessment for an additional sidewalk construction project also appears on the agenda. The sidewalk construction will be done as part of the reconstruction of Pontiac Trail beginning just north of Skydale Drive to just south of the bridge over M-14.

On July 21 the council will also be asked to approve a $104,107 contract with DLZ Michigan Inc. for the regular bridge inspection program. That includes the section of the Library Lane parking structure that is located under Fifth Avenue.

Six new pumps for the wastewater treatment plant to be purchased from Premier Pump Inc. for $425,682 is another agenda item.

With respect to legal infrastructure, a federal judge ruled earlier this year that eligibility requirements for elected officers in the city of Ann Arbor’s charter are not legally enforceable. On the council’s July 21 agenda is a resolution that would place new charter requirements on the ballot for voters to decide in the Nov. 4, 2014 election. The current charter language imposes one-year durational requirements on voter registration in the city and residency in the ward that a potential councilmember would like to represent. For mayor, the current requirement is simply a one-year durational requirement for voter registration in the city. That one year is calculated from the time an elected official takes office. The new requirements would impose a voter registration requirement at the time paperwork is submitted to qualify for the ballot.

Several items related to development also appear on the council’s July 21 agenda. The council will consider a site plan for 2625 Jackson, on the southeast corner of Jackson and I-94, and just north of the Westgate Shopping Center. The plan calls for demolishing the existing one-story service station and auto repair shop and constructing a single building with a 1,820-square-foot drive-thru restaurant and 3,220-square-foot retail center.

The council will also consider a site plan for Dusty’s Collision at 2310 South Industrial Highway, south of Jewett. The proposal calls for building a 30,537-square-foot, one-story auto collision repair facility on a parcel that’s currently vacant. The new building would include 5,285 square feet for office use, a waiting area of 5,227 square feet, and 20,025 square feet for the repair area and garage.

For State Street Village – a proposed 78-unit apartment project that will eventually appear on the council’s agenda – the council will consider giving initial approval at its July 21 meeting to the rezoning of the land. The 4.5-acre parcel would be rezoned from M1 (limited industrial district) to O (office district).

Not tied to any particular project on the July 21 agenda is final consideration by the council of a change to downtown zoning. The item is confined to a 1.1-acre parcel at 425 S. Main St. at the southeast corner of William and Main. The council gave initial approval of the rezoning – from D1 (downtown core) to D2 (downtown interface) – at its June 16 meeting that followed a complex series of votes. At the same meeting, the council also gave initial approval to a change to the overlay character district for the parcel, after amending the height limit – from 100 feet to 60 feet. Zoning changes require two votes by the council, taken at separate meetings, because they are changes to the city’s ordinances.

Another ordinance change on the July 21 agenda – which is getting final consideration by the council – is one that clarifies the composition and appointment process for the city’s environmental commission. Related thematically to that item is a resolution that clarifies the composition of the city’s commission on disability issues.

The consent agenda for July 21 includes an item that indicates the approach of fall – approval of the change to traffic patterns for the Aug. 27-29 University of Michigan student move-in.

This article includes more details for many of these agenda items. Information on other agenda items is available on the city’s online Legistar system. The meeting proceedings can be followed Monday evening live on Channel 16, streamed online by Community Television Network starting at 7 p.m.

The Chronicle will be filing live updates from city council chambers during the meeting, published in this article below the preview material. Click here to skip the preview section and go directly to the live updates. The meeting is scheduled to start at 7 p.m. [Full Story]

July 21, 2014: City Council Meeting Preview

A common theme among several items on the Ann Arbor city council’s July 21, 2014 agenda is infrastructure. That includes physical infrastructure – like roads, sidewalks, bridges and buildings. But it also includes legal infrastructure. The council will be considering a resolution that would put a charter amendment in front of voters for the Nov. 4 election. The amendment would establish eligibility requirements for elected officials, after a federal court ruled earlier this year that the existing charter requirements are not legally enforceable.

Screenshot of Legistar – the city of Ann Arbor online agenda management system. Image links to the next meeting agenda.

Screenshot of Legistar – the city of Ann Arbor’s online agenda management system. Image links to the July 21, 2014 meeting agenda.

Another significant item appearing on the July 21 agenda is a resolution that would direct the city administrator to list the 415 W. Washington property for sale. That would follow the listing of two other city-owned properties in the last year and a half – the former Y lot and the development rights to the top of the Library Lane parking garage.

Two other land acquisition item on the agenda would put the city on the purchasing end. A resolution sponsored by Stephen Kunselman (Ward 3) would inquire with the owner of 2805 Burton Road, located just west of US-23, about whether it is available for purchase by the city. It’s the site of a long-in-the-works affordable housing project that has never started construction.

And a resolution sponsored by Margie Teall (Ward 4) would authorize the purchase of the property at 3401 Platt Road on behalf of the Ann Arbor Housing Commission (AAHC). Cost of the purchase would be $195,000, to be reimbursed to the city by AAHC. The AAHC is undertaking reconstruction of its properties adjoining this parcel, and this acquisition would facilitate that.

The July 21 meeting is the council’s last one before the Tuesday, Aug. 5 primary elections. The meeting that week is shifted from Monday to Thursday, and will fall on Aug. 7.

Physical infrastructure on the agenda includes a $1,537,608 construction contract with Bailey Excavating Inc. for the Springwater subdivision improvements project. That work will cover the reconstruction of streets and some utilities – on Butternut Street from Cardinal Avenue to Springbrook Avenue, and Nordman Avenue from Packard Road to Redwood Avenue.

Another road reconstruction project on the agenda is a $3,445,200 agreement with the Michigan Dept. of Transportation (MDOT) for the Stone School Road improvements project – between I-94 and Ellsworth Road. The planned work consists of reconstructing Stone School Road as a two-lane road with on-street bike lanes and concrete curb and gutter.

A second agreement with MDOT, which will require about $250,000 of local funding, will establish the city as construction manager for the construction of sidewalks on the south side of Scio Church Road between Delaware Drive and Maple Road, and on the south side of Barton Drive from about 250 feet west of Chandler Road to Longshore Drive. A portion of the funding for both projects will be derived from a special assessment of adjoining property owners.

Final approval of a special assessment for an additional sidewalk construction project also appears on the agenda. The sidewalk construction will be done as part of the reconstruction of Pontiac Trail beginning just north of Skydale Drive to just south of the bridge over M-14.

On July 21 the council will also be asked to approve a $104,107 contract with DLZ Michigan Inc. for the regular bridge inspection program. That includes the section of the Library Lane parking structure that is located under Fifth Avenue.

Six new pumps for the wastewater treatment plant to be purchased from Premier Pump Inc. for $425,682 is another agenda item.

With respect to legal infrastructure, a federal judge ruled earlier this year that eligibility requirements for elected officers in the city of Ann Arbor’s charter are not legally enforceable. On the council’s July 21 agenda is a resolution that would place new charter requirements on the ballot for voters to decide in the Nov. 4, 2014 election. The current charter language imposes one-year durational requirements on voter registration in the city and residency in the ward that a potential councilmember would like to represent. For mayor, the current requirement is simply a one-year durational requirement for voter registration in the city. That one year is calculated from the time an elected official takes office. The new requirements, would impose a voter registration requirement at the time paperwork is submitted to qualify for the ballot.

Several items related to development also appear on the council’s July 21 agenda. The council will consider a site plan for 2625 Jackson, on the southeast corner of Jackson and I-94, and just north of the Westgate Shopping Center. The plan calls for demolishing the existing one-story service station and auto repair shop and constructing a single building with a 1,820-square-foot drive-thru restaurant and 3,220-square-foot retail center.

The council will also consider a site plan for Dusty’s Collision at 2310 South Industrial Highway, south of Jewett. The proposal calls for building a 30,537-square-foot, one-story auto collision repair facility on a parcel that’s currently vacant. The new building would include 5,285 square feet for office use, a waiting area of 5,227 square feet, and 20,025 square feet for the repair area and garage.

For State Street Village – a proposed 78-unit apartment project that will eventually appear on the council’s agenda – the council will consider giving initial approval at its July 21 meeting to the rezoning of the land. The 4.5-acre parcel would be rezoned from M1 (limited industrial district) to O (office district).

Not tied to any particular project on the July 21 agenda is final consideration by the council of a change to downtown zoning. The item is confined to a 1.1-acre parcel at 425 S. Main St. at the southeast corner of William and Main. The council gave initial approval of the rezoning – from D1 (downtown core) to D2 (downtown interface) at its June 16 meeting that followed a complex series of votes. At the same meeting, the council also gave initial approval to a change to the overlay character district for the parcel, after amending the height limit – from 100 feet to 60 feet. Zoning changes require two votes by the council, taken at separate meetings, because they are changes to the city’s ordinances.

Another ordinance change on the July 21 agenda – which is getting final consideration by the council – is one that clarifies the composition and appointment process for the city’s environmental commission. Related thematically to that item is a resolution that clarifies the composition of the city’s commission on disability issues.

The consent agenda for July 21 includes an item that indicates the approach of fall – approval of the change to traffic patterns for the Aug. 27-29 University of Michigan student move-in.

This article includes a more detailed preview of many of these agenda items. More details on other agenda items are available on the city’s online Legistar system. The meeting proceedings can be followed Monday evening live on Channel 16, streamed online by Community Television Network starting at 7 p.m. [Full Story]

Downtown Zoning Changes Get Initial OK

At its June 16, 2014 meeting, the Ann Arbor city council gave initial approval to changes in two parts of the zoning code affecting the parcel at 425 S. Main, on the southeast corner of Main and William streets. Initial approval was given to rezoning from D1 to D2, with an amended height limit – of 60 feet. The original height limit in the ordinance considered by the council was 100 feet.

Because these are changes to the zoning code, which is expressed in city ordinances, the council’s action needs a second and final vote at a future meeting, in order to be enacted.

[Full Story]

Council Moves on Downtown Zoning Revisions

Recommendations from the city planning commission – to start a formal legislative process to make revisions to zoning regulations in downtown Ann Arbor – have now been accepted by the Ann Arbor city council. And the city council has in turn now directed the planning commission to craft the corresponding zoning ordinance language to reflect the recommendations. The council made some amendments to the recommendations before turning the work back over to the planning commission. [Jan. 21, 2014 zoning resolution, as amended]

Action directing the planning commission to start crafting ordinance language came at the council’s Jan. 21, 2014 meeting. The session included a public hearing, with a dozen people speaking generally in support of the proposed revisions. Many … [Full Story]

Downtown Zoning Recommendations: Not Yet

After three hours of discussion at their Nov. 19, 2013 meeting, Ann Arbor planning commissioners made decisions on the majority of recommendations for revising the city’s downtown zoning ordinance, but adjourned after midnight before completing their final resolution for city council. Though they did not formally vote to postpone action on the resolution, the item is expected to be taken up again at the commission’s Dec. 3 meeting.

This zoning evaluation began earlier this year, following a city council directive to the planning commission on April 1, 2o13 that was prompted in part by the controversial 413 E. Huron development. The council’s direction was to make recommendations to the city council by Oct. 1. Planning consultant ENP & Associates was … [Full Story]

Planning Group Hears More on Downtown Zoning

For the third time in the past month, Ann Arbor planning commissioners heard public input on a consultant’s report with recommendations to changes in the city’s downtown zoning. The item on the commission’s Nov. 6, 2013 agenda included the continuation of a public hearing that began on Oct. 15, 2013. The commission will take up the issue again on Nov. 11 12 with an eye toward eventually making a recommendation to the city council.

The majority sentiment among the nearly dozen people who addressed the commission was that the consultant’s recommendations did not adequately address the need for buffering between areas zoned D1 and those zoned residential. However, the owner of the property on the southeast corner of William … [Full Story]

Downtown Zoning Review Nears Final Phase

Ann Arbor planning commission work session (Oct. 8, 2013): Planning commissioners discussed a consultant’s downtown zoning report at their recent work session, after hearing over 30 minutes of public commentary. The session changed venue because of an anticipated crowd, moving from city hall to the fourth-floor jury assembly room in the Justice Center.

Will Leaf, Ann Arbor planning commission, The Ann Arbor Chronicle

Will Leaf was among about two dozen residents who attended the Oct. 8 working session of the Ann Arbor planning commission, which was held in the Justice Center next to city hall. (Photos by the writer.)

Generally, commissioners at the session seemed to favor downzoning certain areas of the downtown. They are looking for ways to create better transitions between residential neighborhoods and property that’s zoned for denser development. They’re also interested in requiring approval from the design review board for projects that are seeking premiums. A premium allows developers to construct larger buildings, in exchange for providing certain features that the city wants to encourage, like affordable housing, pedestrian amenities and public parking. Currently, projects must be reviewed by the design review board, but no approval from the board is needed.

The zoning evaluation was set in motion earlier this year, following a city council directive to the planning commission that was prompted in part by the controversial 413 E. Huron development. Planning consultant ENP & Associates was hired to gather public input and evaluate certain aspects of downtown zoning known as A2D2, which was adopted in 2009.

Erin Perdu of ENP & Associates attended the commission’s Oct. 8 working session to present her report. After public commentary, commissioners gave feedback on Perdu’s recommendations, which she then used to revise the report. [.pdf of revised downtown zoning report]

Commissioners will take up the topic at their regular meeting on Oct. 15. That meeting will also include a formal public hearing to gather additional feedback.

The recommendations they’ll be considering are: (1) rezone the parcel located at 336 E. Ann from D1 (downtown core) to D2 (downtown interface); (2) rezone the Municipal Center parcel from PL (public land) to D2; (3) reduce the maximum height in the East Huron 1 Character District (on the north side of Huron, between Division and State) to 120 feet and add a tower diagonal maximum of 130 feet; (4) rezone the D-zoned parcels on the block bounded by Huron, Division, Ann and Fifth Avenue (where city hall is located) from East Huron 2 Character District to East Huron 1 Character District; (5) change the maximum height in the Main Street Character District to 150 feet when within 20 feet of a residentially zoned area and add a tower diagonal requirement of 50% of the maximum parcel diagonal; (6) rezone the south half of the parcel at 425 S. Main (between William and Packard) from D1 to D2.

In addition, several recommendations relate to premiums: (1) require approval of the design review board for a project to be eligible for any premium; (2) revise the residential premium to be more specific about the types of units that will be eligible for premiums; (3) revise the affordable housing premium so that the provision of affordable housing is mandatory for receiving any premiums; (4) eliminate the affordable housing 900% FAR (floor area ratio) “super premium”; and (5) include other types of premiums in addition to those currently available.

It’s possible that planning commissioners would wrap up their discussion on Oct. 15 and vote on the recommendations at that meeting, to be forwarded to the city council. But during the Oct. 8 working session, several commissioners indicated that they felt they’d need more time, and were prepared to postpone a vote until a later date. [Full Story]

Draft of Revised Downtown Zoning Ready

Draft recommendations for possible changes to zoning in downtown Ann Arbor are now available, in advance of an Oct. 8, 2013 working session of the Ann Arbor planning commission. The 25-page report was prepared by ENP & Associates, the consultants hired by the city earlier this year to conduct a downtown zoning review. [.pdf of draft recommendations]

ENP & Associates, Ann Arbor planning commission, zoning, The Ann Arbor Chronicle

An example of a possible development on East Huron – between Sloan Plaza and Campus Inn – with proposed zoning changes. (Image from draft report by ENP & Associates.)

By way of background, in late 2009 – after a … [Full Story]

Liberty & Ashley

A public forum on the downtown zoning review was held at Bill’s Beer Garden, with the intent of increasing public participation – because the place is always packed. Four people showed up. [photo] It’s the emptiest I’ve ever seen it. [photo]

D1 Downtown Zoning Review Meetings Set

A range of public forums and focus group meetings have been scheduled in September for the ongoing review of downtown Ann Arbor zoning.

  • Friday, Sept 6: Downtown zoning evaluation community coffee, 8-10 a.m. at Espresso Royale Cafe, 324 S. State St.
  • Monday, Sept. 9: Downtown zoning evaluation brown bag lunch, noon-1 p.m., at the A2Y chamber boardroom, 115 W. Huron St.
  • Monday, Sept. 9: Downtown zoning evaluation public focus group, 5-6 p.m. at the Traverwood Library multipurpose room, 3333 Traverwood Dr.
  • Monday, Sept. 9: Ann Arbor planning commission’s ordinance revisions committee, 6:30 p.m. in the basement conference room of city hall, 301 E. Huron.
  • Tuesday, Sept. 10: Downtown zoning evaluation public focus group, 5-6 p.m. at Pizza House, 618 Church St.
  • Tuesday, Sept. 10: Downtown citizens … [Full Story]

Priorities Emerge in Downtown Zoning Review

Ann Arbor planning commission’s ordinance revisions committee meeting (Aug. 13, 2013): The committee received an update on the city’s downtown zoning review at a meeting that included about a half hour of public commentary.

Wendy Rampson, Erin Perdu, Ann Arbor planning commission, The Ann Arbor Chronicle

From left: Ann Arbor planning manager Wendy Rampson confers with planning consultant Erin Perdu prior to the Aug. 13, 2013 meeting of the planning commission’s ordinance revisions committee. Perdu was on hand to update commissioners about the ongoing D1 zoning review. (Photos by the writer.)

Erin Perdu, the consultant hired by the city to lead this process, briefed the four commissioners who serve on the ordinance revisions committee, as the first phase of this effort draws to a close.

The work is the result of a city council resolution passed on April 1, 2013. It directed the planning commission to address three specific questions: (1) whether D1 zoning is appropriately located 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; (2) whether the D1 residential FAR [floor area ratio] premiums effectively encourage a diverse downtown population; and (3) whether a parcel on the south side of Ann Street adjacent to city hall should be rezoned “to the appropriate zoning for this neighborhood.” That parcel, currently a surface parking lot, is now zoned D1, which allows for the highest density development. The council’s resolution set a deadline of Oct. 1 for the planning commission to deliver recommendations to the council.

Based on public meetings, interviews and survey responses, Perdu reported a general consensus that D1 zoning is not optimal. In particular, many people feel that the buildings allowed in D1 zoning districts are too tall and massive, and that other solutions should be explored for the sites mentioned in the council resolution. Possible solutions include rezoning those sites to D2, or making changes to the D1 zoning – such as allowing diagonals as a tool for controlling building shape, lowering the height or adjusting setbacks – so that it worked better with the adjacent neighborhoods. Some people suggested creating yet another type of zoning. “I think those are options that we’ll be exploring in the next phase of this,” Perdu said.

Another big issue that emerged was the design guidelines, Perdu reported, and a lot of people suggested that those guidelines need more teeth. Suggestions included making the guidelines a requirement in order to be eligible for premiums, which allow developers to construct larger buildings in exchange for providing certain features or public amenities.

There was also general agreement that the diversity of housing isn’t being achieved, Perdu said, but “how to fix that is up for debate.” Some ideas include making the premiums more specific, to encourage different types of residential units – that is, not granting a premium for simply any kind of residential development, as is currently the case. Other ideas for premiums include providing open space, or additional environmental and pedestrian amenities.

Perdu’s team will be developing visuals – including 3D models – showing how certain types of buildings might look if changes are made to D1 zoning on the sites mentioned in the council resolution. The consultants will also be doing research on possible options for premiums that would encourage specific kinds of residential development. In addition, they’ll be looking at how design guidelines can be strengthened and better integrated into the process.

Kirk Westphal, the planning commission’s chair who also serves on the ORC, requested that Perdu’s report reflect the history of how the D1 and D2 zoning were developed. During public commentary, several speakers objected to using Perdu’s time in this way. Former planning commissioner Eppie Potts said she felt like that history is being used against opponents of D1 zoning. “Hey, there was a lot of discontent and unhappiness, which nobody chooses to remember,” she said. “There were revolts at some of the meetings. It was not that pretty, as history.”

The next public forum will be held on Thursday, Sept. 19 at 7 p.m. at a venue to be determined. Perdu said she’ll also hold additional focus groups before then. The next ordinance revisions committee meeting will likely take place on Sept. 10. [Full Story]

Planning Group Strategizes on Downtown

Two major downtown projects – the possible sale of the former YMCA lot, and a review of the A2D2 zoning – were the main focus at a July 9 working session of the Ann Arbor planning commission.

Ann Arbor planning commission, The Ann Arbor Chronicle

Looking east at the former YMCA lot, which has been owned by the city since 2003 and is used as a surface parking lot. The street in the foreground is Fourth Avenue. William Street is on the right. The reddish brown building at the opposite end of the lot – across Fifth Avenue – is the Ann Arbor District Library. To the left is the construction site for the new Blake Transit Center.

Planning manager Wendy Rampson updated commissioners on the city council-mandated review of downtown zoning. Ann Arbor-based ENP & Associates – consultants Erin Perdu and Megan Masson-Minock – are being hired to handle the process under a $24,500 contract with the city.

The primary concern for the council, as reflected in its April 1, 2013 resolution, is the downtown D1 zoning – which provides for the highest density allowed in city, with the tallest possible buildings. The concern was heightened by the controversial 413 E. Huron development, which the council approved on May 13, 2013. That site, located on a major transit corridor, but also next to a residential neighborhood, is zoned D1.

Rampson described the upcoming work as “fast and furious,” with a deadline of Oct. 1 to deliver recommendations to the council. The consultant will work initially with the commission’s ordinance revisions committee, which next meets on Tuesday, July 16 at 5:30 p.m. in the first floor south conference room at city hall, 301 E. Huron.

Zoning was also a point of discussion regarding the former Y site at 350 S. Fifth, across from the downtown Ann Arbor District Library and south of Blake Transit Center. The city council is exploring whether to sell that city-owned property, which was zoned D1 as part of the original A2D2 process. Colliers International and local broker Jim Chaconas have been selected to handle the possible sale, as the city faces a $3.5 million balloon payment this year from the purchase loan it holds on that property.

Bonnie Bona floated the idea of developing recommendations to the council regarding what planning commissioners think the city should require in a sale of that site. “I think we have a responsibility as planning commissioners to give them planning advice,” Bona said. Other commissioners agreed, and the item will likely be on the agenda for the group’s Aug. 13 working session for a fuller discussion.

The 2.5-hour July 9 session also included a presentation by two Ann Arbor public art commissioners – John Kotarski and Bob Miller – about the finalists for artwork at the East Stadium bridges. And commissioners were updated by Rampson about the status of various projects and developments. This report focuses only on the Y lot and A2D2 discussions. [Full Story]

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]

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]