From left: Councilmembers Sandi Smith (Ward 1) and Sabra Briere (Ward 1). The two had co-sponsored a resolution establishing a task force to study the North Main Street and Huron River corridor. (Photos by the writer.)

In addition to the budget, the council efficiently dispatched with a fairly packed agenda of regular items, which are covered in this part of the meeting report. The item generating the most discussion was a follow-up to action taken at the council’s previous meeting on May 7, to establish a task force to study the North Main Street and Huron River corridor.

That resolution had provided for nine task force members representing different constituencies. At the May 21 meeting, a resolution was brought forward to add three members. A debate unfolded about whether to add a fourth member – from the Ann Arbor public art commission – to the mix. Ultimately that addition was approved narrowly on a 6-5 vote on the 11-member council.

While the North Main task force is meant to develop a vision for future land use in the corridor, the council took action on several current land use items too. Winning easy approval were a site plan for Allen Creek Preschool on Miller Avenue, and a rezoning and site plan for Michigan AAA on South Main Street. The council also quickly approved six routine rezoning requests associated with annexation from a township into the city of Ann Arbor.  And councilmembers gave initial approval to revisions of the planned unit development regulations for a Shell service station on Ann Arbor-Saline and West Eisenhower Parkway.

Associated with these land use items were a total of 10 separate public hearings. However, no one addressed the council during any of those hearings.

The city’s park system made it onto the agenda in a few different ways. First, a consent agenda item was pulled out for separate consideration to highlight the fact that renovations to South University Park were being funded with a $50,000 gift that had been made by a couple – Leslie and Michael Morris – who previously lived next to the park. The council also approved the lease of a 40-space parking lot near Argo Canoe liveries to meet additional demand for river trips that has been generated by construction of the Argo Cascades bypass around the dam.

Related to open space outside the city were the reappointments of two members of the greenbelt advisory commission – Peter Allen and Catherine Riseng. The commission overseas a portion of the city’s open space and parkland preservation millage.

Financial issues considered by the council included initial approval to increase water, sewer and stormwater rates that will together generate an additional $1.7 million in annual revenue. The council also approved a tax abatement for Sakti3, a battery technology company in Ann Arbor that is looking to expand its operation here.

Other items on the agenda included receipt of a federal grant to develop a strategy for improved energy efficiency in rental housing, as well as a grant administered for laptop computers to be used as electronic pollbooks. The computers are used for election record-keeping, not for casting ballots. The council also gave initial approval to an ordinance revision that relieves homeowners of responsibility for maintaining sidewalks adjacent to their property for the duration of the sidewalk-repair millage, which voters approved in November 2011.

North Main Task Force Positions

On the May 21 agenda was an item adding three positions to a task force to study the corridor along North Main Street and the Huron River: a member of the city council, someone from the boating/fishing community of river users, and a representative from the Huron River Citizens Association. During the meeting, an amendment was offered to add a member of the Ann Arbor public art commission (AAPAC) to the task force, too.

When the task force was established at the council’s May 7, 2012 meeting, the membership had included the following: one member of the park advisory commission, one member of the planning commission, one resident representing the Water Hill neighborhood, one resident representing the North Central neighborhood, one resident from the Old Fourth Ward, one resident representing the Broadway/Pontiac neighborhood, two business and property owners from the affected area, and one member of the Huron River Watershed Council.

The task force is charged with delivering a report to the city council more than a year from now – by July 31, 2013 – that describes “a vision to create/complete/enhance pedestrian and bike connection from downtown to Bandemer and Huron River Drive, increase public access to the river-side amenities of existing parks in the North Main-Huron River corridor, ease traffic congestion at Main and Depot at certain times of a day and recommend use of MichCon property at Broadway; …”

Earlier than that – by the end of 2012 – the task force is to make recommendations on the use of the city-owned 721 N. Main parcel.

The creation of the task force comes in the context of the city’s application to the Federal Emergency Management Agency for funds to demolish two former maintenance yard buildings on the city-owned 721 N. Main parcel. The application has been approved by FEMA, but is pending the update of the city’s All-Hazard plan, which had expired and is being updated. FEMA is willing to help fund the demolition, because the two buildings are located in the floodway. The city council’s eventual acceptance of the FEMA grant will require a deed restriction on development in the floodway portion of the parcel.

North Main Task Force Positions: Council Deliberations

Sandi Smith (Ward 1), who had co-sponsored the initial creation of the task force, led off the discussion by saying that the council had been inundated with requests about the task force, and that had prompted the addition of three more categories.

Tony Derezinski (Ward 2) said he felt one segment of the community that should be included is the public art commission. It’s important to make the entrances to the city beautiful, he said, so he wanted a representative from the public art commission on the task force. Sabra Briere (Ward 1) thanked Derezinski for that suggestion. She noted that there truly are so many possible voices that could be heard on the task force.

But Briere worried that the task force could become overcrowded. The task force had been given very tight deadlines, she said. She reported that she’d encouraged interested people to attend the task force meetings and participate, even if they can’t vote. She said she lacked clarity on the parameters for public art – whether the money can be used for non-original decorative pieces, for example. So she hesitated to say where the role of the public art commission member could be on a task force that’s more visionary than practical at this point. Adding a representative from the public art commission would move it up to 13 voting members, which pushes the envelope of practicality, she felt.

Derezinski made a formal motion to amend the resolution to add a representative from the public art commission. If Briere was not clear about the parameters for public art, Derezinski said she should attend the commission meetings or read the annual report. To him the idea of making the entrance beautiful “sort of implies art.”

Carsten Hohnke (Ward 5).

Smith respected the idea of having art be a part of this, but said there is not necessarily a specific project the task force is meant to study – because their responsibility is much broader than a specific project. Later in the process, she felt, it’d be appropriate to bring in someone from the public art commission. However, she couldn’t support it now.

Mike Anglin (Ward 5) said there’s a continuing discussion about how to better integrate art into the city. He felt it’s possible that someone from the public art commission could help influence the visioning. Carsten Hohnke (Ward 5) asked if there are capital projects known to be a part of the task force effort. Briere responded to Hohnke, saying yes and no. She noted that the city staff will be applying for additional grants for 721 N. Main [from the Michigan Natural Resources Trust Fund and from the Washtenaw County parks and recreation commission]. She felt that counts as capital improvement. However, the task force’s job is to talk about how best to use the site, not to build or approve a capital project. She imagined that capital projects would come out of this – for example, if there’s a tunnel or a bridge built to get across the railroad tracks, that’s a capital improvement.

Derezinski felt that Briere’s answer to Hohnke’s question was a yes. Derezinski contended that the task force had started off by looking at an entrance to the city. When you start to plan your vision, he said, art should be a part of the vision – and entrances to the city are critically important. The art should not be just an add-on. He said he would like Ann Arbor to be known as an art city. The resolution was already adding three additional members, he said, so he wanted to add one more.

Marcia Higgins (Ward 4) indicated that this was a case where she’d defer to the people who brought the resolution on the task force forward – and it appeared that they don’t want to add one more member at this time.

She noted that there are other corridor studies going on – for Washtenaw Avenue and South State Street –and no one from the public art commission is on those committees. She felt that the North Main task force is not yet at a point where it needed a member from the public art commission. She wouldn’t support the amendment, she told Derezinski, but she did support what he was trying to do.

Outcome on the amendment: The council voted 6-5 in support of the amendment to add a member to the task force from the public art commission. Voting for the additional member were Tony Derezinski (Ward 2), Christopher Taylor (Ward 3), Margie Teall (Ward 4), Carsten Hohnke (Ward 5), Mike Anglin (Ward 5), and mayor John Hieftje.

Mayor John Hieftje told Derezinski that it was now Derezinski’s task to find a member of the public art commission to add. [Derezinski serves on the public art commission. Two day's later, the public art commission met and recommended that Connie Rizzolo Brown be appointed to the task force.]

Jane Lumm (Ward 2) noted that there’d been a desire expressed by the Greenway Conservancy to be part of the task force, too. She worried that a group as large as 13 might be too large to be effective, and that’s why she had not voted for Derezinski’s amendment.

Outcome: The council voted unanimously to add the four positions to the North Main/Huron River task force.

The appointment of actual members to the task force has not yet been made. Sandi Smith (Ward 1) indicated that the complete set of names might be expected by the council’s June 4 meeting. Later in the council meeting, Hieftje gave the following names, which will be formally appointed at the June 4 meeting: Darren McKinnon (Water Hill representative); David Santacroce (North Central neighborhood representative); Ray Detter (Old Fourth Ward representative); Tamara Burns (Broadway/Pontiac neighborhood representative); Julie Grand (park advisory commission representative); Erica Briggs (planning commission representative); Paul Ganz and Mike Martin (business & property owners of the affected area representative); Sandi Smith (councilmember); Rita Combest (Huron River/Newport neighborhoods representative); Cynthia Ives (boating/fishing/river users representative). Not yet determined is the representative from the Huron River Watershed Council. And the public art commissioners subsequently recommended Connie Rizzolo Brown to represent the commission.

Allen Creek Preschool Site Plan

The council considered a site plan for the Allen Creek Preschool, located at 2350 Miller Ave.

The site plan had been recommended unanimously for approval by the Ann Arbor planning commission at its April 17, 2012 meeting. The commission also granted a special exception use for the project.

The project entails building a one-story, 929-square-foot addition onto the west end of an existing 3,111-square-foot preschool building, for a new total of 4,040 square feet. The preschool has an agreement with the Korean Methodist Church at 1526 Franklin Street to use eight parking spaces at the church lot. On-street parking is available on Miller Avenue and Franklin Street.

The special exception use is required because the project is located on a site zoned R1C (single-family dwelling district). According to a staff memo, the preschool includes programs for children up to 5 years old, with one or two afternoon enrichment classes serving children up to 8 years old. The programs will have a maximum of 14 students each (with 8 for young children attending with their parents) and one or two staff members teaching the programs. The preschool programs will be held mornings on Mondays through Thursdays, with enrichment classes held in the late afternoons. The number of children at the preschool will increase from 25 to 42, with a maximum of 50 in the future.

In December 2010, the planning commission had previously granted special exception use and recommended site plan approval for a project proposed by the preschool at a different location. That plan had called for demolishing the existing building and constructing a new 1,101-square-foot preschool building in a residentially zoned district at 1515 Franklin St. The preschool subsequently decided to pursue a different project.

The site plan (but not the special exception use) required approval by city council.

Outcome: Without deliberation, the council unanimously approved the Allen Creek Preschool site plan.

Shell Station Rezoning

The council gave initial consideration to a request to revise the zoning regulations associated with the parcel on the northeast corner of Ann Arbor-Saline and West Eisenhower Parkway, where a Shell service station is located.

The city planning commission had previously voted unanimously to recommend approval of the zoning changes at its April 17, 2012 meeting.

Owners of the station are asking for revisions to the site’s planned unit development (PUD), which would allow them to build additions onto the existing 1,000-square-foot convenience store. The new additions would total 4,089 square feet, including 2,189 square feet to the north and east of the store. Their plan also calls for converting the 900-square-foot carwash area into new retail space. The existing access drive to the carwash would be landscaped, and the parking lot would be reconfigured for a new total of 16 spaces.

According to a planning staff memo, the PUD revisions were recommended because they are seen as providing an overall benefit to the city, by: (1) supporting the continued viability of retail options for the surrounding neighborhood; (2) creating job opportunities from this expansion; and (3) controlling the architectural design standards of this building as a gateway into the city.

Outcome: Without deliberation, the council gave unanimous initial approval to the Shell station PUD revision. Because changes to the PUD regulations are a change to the city’s zoning code, hence to the city’s ordinances, the initial approval by the council at its May 21 meeting will need to be followed by a second and final approval after a public hearing at a subsequent meeting.

AAA Site Plan, Rezoning

The council considered final approval of a rezoning request from AAA Michigan and the site plans for two separate parcels that are part of the same project on South Main Street. The council had given initial approval to the rezoning request at its May 7 meeting.

The rezoning request was to change half of a parcel located at 1200 S. Main to the P (parking) zoning designation.

The rezoning to P (parking) is part of a two-parcel site plan proposal – for which the city planning commission provided a positive recommendation at its March 6, 2012 meeting. At that meeting, the commission took two votes on the 1200 S. Main parcel – the site plan and the rezoning proposal. And on both votes, the planning commission split 6-3. For the other, adjacent parcel at 1100 S. Main, the city planning commission voted unanimously to recommend the site plan for approval.

The two parcels, at 1100 and 1200 S. Main, are across from Michigan Stadium. An AAA branch built in the 1950s is located there. The owner wants to build a new branch on a different part of the site, tear down the existing building, and reconfigure parking spaces.

The two parcels are part of a 1.5-acre site containing four parcels owned by the auto club and all zoned O (office). Located on the 1200 S. Main parcel is the current one-story branch building with walk-out basement and 36 parking spaces, with exits onto South Main, Berkley and Potter.

The 1100 S. Main site is a surface parking lot, which has 72 spaces and exits onto both Potter and Keech. The owner is requesting to build a one-story, 5,443-square-foot new branch building on the northeast corner of that site, with parking for 21 spaces. A second phase of the project would include an eventual 2,230-square-foot addition to the south side of that building. There are six landmark trees on the site, and the plan would require removal of two that are located along South Main, near Keech. Other trees would be added elsewhere on the site.

After the new structure is completed, the old building at 1200 S. Main would be torn down and a 14-space parking lot would be put on that parcel. And to do that, the proposal asked that the northern 123 feet of that parcel – about half of the parcel – be rezoned from O (office) to P (parking), so that parking could become the principal use for that site. A site plan for that parcel is also required.

The owner’s overall plan called for a total of 35 spaces – a reduction from the current parking on the site, which was approved in the mid-1970s but no longer conforms with existing zoning. The 35 spaces would be four more spaces than the 31 maximum number permitted under the O (office) zoning, based on the new building’s square footage in both phases. That’s why the owner requested that a portion of the overall site be rezoned for parking – in the P (parking) district, there is no maximum.

The council’s deliberations were brief. Margie Teall (Ward 4) got confirmation from city planning manager Wendy Rampson that the intent was not to build a parking structure on the site, but rather to have a surface parking lot.

Outcome: The council unanimously approved all three resolutions related to the Michigan AAA site.

South University Park Improvements

On the council’s consent agenda was an item to approve a $43,533 contract with Terra-Firma Landscape Inc. to make improvements to South University Park.

Photo from the June 21, 2011 park advisory commission meeting, when the Morrises announced their gift of $50,000 to rehab South University Park. From left: Michael Morris and Leslie Morris, and Colin Smith, the city's parks and recreation manager.

The work includes removal of trees and shrubs, replacement of the basketball court, removal of the bench and dilapidated kiosk, and installation of three new benches, installation of a new concrete walk that bisects the park, a picnic table, and native flowering trees and shrubs as well as extensive grading to the site.

Consent agenda items are moved and voted on as a group, but can be separated out at the request of any councilmember. Jane Lumm (Ward 2) pulled out this resolution for special consideration to review the list of improvements.

What’s noteworthy, Lumm said, is that they’re being funded by a $50,000 donation from Leslie and Michael Morris, who previously lived by the park and would like to see it improved.

Lumm also highlighted the past service of Leslie Morris on the Ann Arbor city council and the park advisory commission.

Outcome: The council unanimously approved the contract with Terra-Firma Landscape Inc. to make improvements to South University Park.

Supplemental Argo Livery Parking

The council considered a resolution approving a $2,500 lease with Huron River Holdings Inc. to use a parking lot near 416 Longshore Drive on weekends and holidays from May 26, 2012 to Sept. 3, 2012 to supplement parking for patrons at the Argo Canoe Livery. [Combined, the Argo and Gallup canoe liveries in Ann Arbor are the largest in the state of Michigan, according to livery manager Cheryl Saam.] It’s expected that the increased user fees at the livery, especially in connection with increased rentals due to the new Argo Dam bypass – called the Argo Cascades – will offset the cost of the lease.

Council deliberations consisted of Sabra Briere (Ward 1) remarking that she is glad more parking is being secured [the lot offers 40 spaces]. However, she ventured that still more parking in the area would be needed as the city had created additional demand through the construction of the Argo Cascades.

Outcome: The council unanimously approved the lease to provide overflow parking.

Greenbelt Commission Reappointments

The council considered approval of the reappointment of Peter Allen and Catherine Riseng to the city’s greenbelt advisory commission. The group is responsible for overseeing a portion of the city’s open space and parkland preservation millage.

The greenbelt advisory commission is one of the few boards and commissions for which the nominations to serve come from the city council as a body, not from the mayor. The item had been on the council’s agenda at its May 7 meeting – but only inadvertently. It had been intended only as a communication item. The council voted to postpone consideration of the reappointment until the May 21 meeting.

The commission’s membership is defined in terms of qualifications in different categories. Allen fills the slot on the commission designated for a real estate developer. Riseng fills a slot designated for a plant or animal biologist. According to her University of Michigan faculty profile, Riseng is an “aquatic ecologist with specific focus on fluvial ecosystems and benthic invertebrate ecology.”

The complete slate of membership positions include the following: two members to serve as representatives of environmental or conservation groups; one member who is an agricultural landowner or operates an agricultural business; one member who is a real estate development professional; one member who is a plant or animal professional; one member who is a plant or animal biologist; three members from the public-at-large; one member of the Ann Arbor city council.

The city council representative to the greenbelt advisory commission is Carsten Hohnke (Ward 5). In re-introducing the reappointments, Hohnke noted that both Allen and Riseng have provided their substantial expertise in service of the commission.

Outcome: The council voted unanimously to reappoint Allen and Riseng to the greenbelt advisory commission for three-year terms.

Water, Sewer Rate Increases

The council gave initial consideration to increased rates for drinking water, sanitary sewer and stormwater. According to a staff memo, the increases on an average single-family customer come to 3.21% across three different rate tiers – assuming the same level of consumption as last year. That 3.21% increase works out to $19.40 per year. [.pdf of water, sewer rates]

History of Ann Arbor water rates, showing the introduction of tiered rates. (Image links to Google Chart.)

Because the water and sewer rates are part of a city ordinance, the council will need to vote a second and final time on the rates, after a public hearing.

By way of illustration of the rates, the drinking water rate for the vast majority of residential customers is tiered, based on usage. For the first 7 “units” of water, the charge is proposed to increase from $1.27 to $1.31. For the next 21 units, the charge is proposed to increase from $2.64 to $2.74 per unit. And for the 17 units after that, the increase is proposed to be from $4.50 to $4.69. For additional amounts more than 45 units, the charge is proposed to increase from $6.50 to $6.78 per unit.

One hundred cubic feet is 748 gallons. So a rate of $1.31 per unit translates to significantly less than a penny a gallon – $0.00175.

Ann Arbor’s tiered rate system was implemented in 2004. Before that, the rate for all usage levels was the same. In 2003, that was $1.97 per unit. In 2004, the lowest tier was dropped to $0.97. This year’s rate for the lowest tier is still less than what the general rate was in 2003.

Council deliberations were brief. Sabra Briere (Ward 1) led off by saying that Ann Arbor has always had some of the lowest rates compared to other communities. And she noted that those who use the least amount of water pay less.

Jane Lumm (Ward 2) felt the council shouldn’t gloss over something that results in generating that much additional revenue. The rate increases are expected to generate $664,834 more for the water fund, $916,577 more for the sanitary sewer fund, and $184,064 for the stormwater fund. But the increases are in the 3-4% range, she said, which she felt is reasonable and she would support the changes. None of the councilmembers take this change lightly, she said. The rates are competitive. The additional revenues are necessary to fund debt service and new capital projects. The increases are not insignificant but are reasonable, she said. Mayor John Hieftje said he appreciated the mention of Ann Arbor’s rates as compared to other municipalities.

Outcome: Councilmembers unanimously voted to give initial approval to the rate increases.

Sakti3 Tax Abatement

The council considered a tax abatement for Sakti3 – a battery technology spinoff from the University of Michigan. Sakti3 is led by UM professor Ann Marie Sastry.

The council had postponed their vote on the tax abatement at the council’s May 7 meeting – at the request of Marcia Higgins (Ward 4), who wanted the matter referred first to the council’s budget committee.

Marcia Higgins (Ward 4).

According to a staff memo accompanying the resolution, the abatement would be on $151,433 of real property improvements and $1,374,861 of new personal property. According to a memo from city financial staff, the value of the tax incentive to Sakti3 over three years totals $36,000.

Reasons given in the staff memo for the abatement include the need for Sakti3 to expand and add new equipment for the continually changing alternative energy business and the expected addition of five new employees due to the firm’s expansion. The memo concludes that the retention and expansion of such operations is consistent with the economic development goals of the city of Ann Arbor and of Ann Arbor SPARK.

Previously, the council voted on March 21, 2011 to set a public hearing on the establishment of the industrial development district under which Sakti3 is applying for an abatement. And on April 4, 2011, the city council approved the establishment of that district.

The city is prohibited by state statute from abating taxes on any more than 5% of the total state equalized value of property in the city. Responding to an emailed query, city of Ann Arbor chief financial officer Tom Crawford wrote to The Chronicle that total SEV for the city for 2012 stands at $5,294,974,640, and the total SEV of abated property in 2012 is $8,935,974. That works out to 0.169% – well under 5%.

At the May 21 meeting, the council moved the item forward on the agenda so it could be considered early in the evening. The brief deliberations consisted of a report from Higgins, who noted that the council’s budget committee had met to discuss the abatement, and had recommended that the request be moved forward to the council for approval. Higgins chairs the budget committee.

Outcome: The council unanimously approved the Sakti3 tax abatement.

Sustainability Grant

The council considered authorizing receipt of $256,000 to create a community-scale energy strategy to increase energy efficiency improvements in rental housing.

The rationale for the project, according to a staff memo, is to address energy costs that are regressive, because renters often pay more on utilities due to the condition of rental housing stock. That is, higher energy costs affect poorer renters more. The grant will be used to develop a strategy to address inefficiencies in rental housing and thereby increase the affordability of rental housing stock.

The money was awarded to the city as part of a larger $3 million grant given last year to Washtenaw County through the U.S. Housing and Urban Development Community Challenge Planning Grant (CCPG). According to the city staff memo, the goal of the Washtenaw County grant is “to expand existing affordable and energy efficient housing options and connect them to job centers and healthy food through an enhanced multi-modal transportation corridor.”

The corridor in question is Washtenaw Avenue, between Ann Arbor and Ypsilanti.

The $256,000 will be used by Ann Arbor for a rental housing energy efficiency project that is planned to last through December of 2014. Of the $256,000, $210,000 is budgeted for labor to hire a project manager and $46,000 is budgeted for marketing and outreach.

Matching funds totaling $370,000 have been pledged: $50,000 from the Michigan Dept. of Environmental Quality grant supporting Michigan Green Communities; $60,000 from the Home Depot Foundation Sustainability Framework; and $260,000 from the city’s PACE/A2energy.org energy efficiency financing and community outreach efforts.

Outcome: The council unanimously approved the receipt of the grant.

Electronic Pollbooks for All Ann Arbor Precincts

The council considered approval of a $32,850 grant from the state of Michigan, funded through the Help America Vote Act, to pay for 48 laptop computers and the peripheral devices needed to use the equipment as electronic pollbooks (EPBs).

The electronic pollbooks do not change the way voters cast their ballots; Ann Arbor voters will continue to use paper ballots. The electronic pollbooks are expected to make record-keeping at the precinct locations on election day more efficient and to reduce waiting time for voters.

The city had already accepted eight laptops and accessories, which were deployed at eight polling places for the May 8, 2012 election. That pilot program went smoothly, according to a staff memo accompanying the resolution.

An added incentive to the city to participate in the state’s EPB program is that the state will fund 50% of the cost of the maintenance agreements for Ann Arbor’s voting tabulators – if EPBs are implemented in all 48 of the city’s precincts by the Nov. 6, 2012 election. For previous Chronicle coverage of the pilot deployment, see “New Technology for Tech Bond Election.”

Outcome: The council unanimously approved the state grant for electronic pollbooks.

Annexation Rezonings

The council considered final approval for six separate rezoning requests associated with annexation into the city of Ann Arbor from Scio Township. The zoning change in all cases is from the township to a residential category. The requests had received initial approval at the council’s April 16 meeting.

Five of the properties were annexed into the city on Oct. 3, 2011 – in connection with the expansion of a well-prohibition zone due to 1,4 dioxane groundwater contamination caused by the Pall Corp.’s Wagner Road facility, formerly owned by Gelman Sciences. Those five properties are: 305 Pinewood St.; 3225 Dexter Rd.; 427 Barber Ave.; 545 Allison Dr.; and 3249 Dexter Rd.

Annexation into the city allows the properties to connect to city of Ann Arbor water services. Pall has paid all petition filing fees as well as the connection and improvement charges for water and sanitary sewer service that are related to the annexations. The zoning for which the city council gave final approval is for R1C. [Google map of well prohibition zones and property locations] [.jpg of map with well prohibition zones and property locations]

A sixth parcel for which the council considered final rezoning approval – also due to annexation, but not related to the well-prohibition zone – is located at 1575 Alexandra Blvd. The parcel was rezoned from the township to R1A zoning.

No one spoke at any of the individual public hearings on any of the rezoning resolutions. The council did not deliberate on any of the parcels.

Outcome: On separate votes, the council unanimously approved the six rezoning resolutions.

Sidewalk Repair Ordinance

The council gave initial consideration to a revision of the city’s sidewalk repair ordinance – in light of the voter-approved sidewalk repair millage, passed in November 2011. The basic idea is that for the period of the authorized millage – through fiscal year 2016 (which ends June 30, 2017) property owners will not be responsible for repairs to sidewalks abutting the property on which they pay taxes.

There are various wrinkles and contingencies in the revised ordinance for properties located within the Ann Arbor Downtown Development Authority tax increment finance (TIF) district.

Ann Arbor voters authorized an additional 0.125 mill to be levied as part of the street repair millage, which was also renewed at that November 2011 election for 2.0 mills, for a total of 2.125 mills.

As part of the resolution passed by the city council to place the sidewalk millage question on the November 2011 ballot, the council directed the city attorney and other staff to provide the ordinance revision for the council’s consideration on or before Dec. 1, 2011. There was no comment at the council table about why the revision came to the council nearly half a year after the date specified.

Christopher Taylor (Ward 3) introduced the ordinance, and described the rationale for the part that deals with the DDA district. He said that because the DDA captures a certain amount of millage monies, the DDA was taking responsibility for repair of sidewalks in the DDA district. But on further reflection, the DDA had insufficient experience with the inspection and repair program, so DDA staff had worked with the city on a plan to have the city perform the repairs and have the DDA fund those repairs with a portion of the millage.

Outcome: The council voted unanimously to give initial approval to the sidewalk repair ordinance. As with all ordinance revisions, the council will need to vote a second time at a subsequent meeting, following a public hearing, in order for the ordinance to take effect.

Communications and Comment

Every city council agenda contains multiple slots for city councilmembers and the city administrator to give updates or make announcements about issues that are coming before the city council. And every meeting typically includes public commentary on subjects not necessarily on the agenda.

Comm/Comm: R4C/R2A Report

Tony Derezinski (Ward 2) alerted his colleagues to the fact that a report from the advisory committee that studied the R4C/R2A zoning areas of the city has been referred to the planning commission’s ordinance review committee. The report is available on the planning commission website, he said. He noted that there are a lot of different views on it. [Derezinski is the city council's representative to the planning commission. For a detailed overview of the R4C/R2A report, see Chronicle coverage of the May 8, 2012 planning commission working session.]

Comm/Comm: Human Rights

Thomas Partridge introduced himself as an advocate for everyone needing vital services. He told the council he is on the Democratic primary ballot for Michigan house of representatives, District 53. [The seat is currently held by Democrat Jeff Irwin.] Partridge said he was there to advance the cause of human rights and disability rights. He called for full funding of housing and human services in Ann Arbor. He called on the council to take an integrated approach, instead of a segregationist approach, and to do away with the old-boy network, and backroom decision making.

Comm/Comm: Smart Meters

Nanci Gerler updated the council on DTE smart meter installation. She reported that the Ypsilanti Township board had voted to enact a moratorium – because the board felt an opt-out provision was necessary. She told the council that citizens as well as representatives for DTE had spoken. She wanted the council to take action and let DTE know there’s a large number of people who will be affected by smart meter installation.

Helen Slomovits introduced herself as a resident of Ann Arbor. The benefits and safety of the devices are being misrepresented by utility companies, she contended. She urged the council to enact a moratorium on smart meter installation. The devices allow for time-of-day billing. She contended the devices don’t save energy or save customers money. In fact, she contended, they cause electric bills to go higher. She also contended that the meters are an invasion of privacy, because they collect more information than necessary. The utility companies also misrepresent the amount of RF radiation the meters give off. The data transmissions might be few per day, but because the devices are part of a mesh network there are about 10,000 transmissions a day to keep the network going, she said.

Responding later to the public commentary on smart meters, Jane Lumm (Ward 2) noted that smart meters are on the agenda for the next environmental commission meeting. Mayor John Hieftje remarked that most communities aren’t fortunate enough to have an environmental commission.

Comm/Comm: Energy Farms

Kermit Schlansker spoke to the council about the challenges to achieving sustainable living. He described the inherent geometric advantages to bigger buildings – a better surface-area-to-volume ratio. He described a range of different energy systems, including solar systems, windmills, bio-digesters, and thermal reservoirs.

Present: Jane Lumm, Mike Anglin, Margie Teall, Sabra Briere, Sandi Smith, Tony Derezinski, Stephen Kunselman, Marcia Higgins, John Hieftje, Christopher Taylor, Carsten Hohnke.

Next council meeting: Monday, June 4, 2012 at 7 p.m. in the council chambers at 301 E. Huron. [confirm date]

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The rezoning request was to change half of a parcel located at 1200 S. Main to the P (parking) zoning designation.

The rezoning to P (parking) is part of a two-parcel site plan proposal – for which the city planning commission provided a positive recommendation at its March 6, 2012 meeting. At that meeting, the commission took two votes on the 1200 S. Main parcel – the site plan and the rezoning proposal. And on both votes, the planning commission split 6-3. For the other, adjacent parcel at 1100 S. Main, the city planning commission voted unanimously to recommend the site plan for approval.

The two parcels, at 1100 and 1200 S. Main, are across from Michigan Stadium. An AAA branch built in the 1950s is located there. The owner wants to build a new branch on a different part of the site, tear down the existing building, and reconfigure parking spaces.

The two parcels are part of a 1.5-acre site containing four parcels owned by the auto club and all zoned O (office). Located on the 1200 S. Main parcel is the current one-story branch building with walk-out basement and 36 parking spaces, with exits onto South Main, Berkley and Potter.

The 1100 S. Main site is a surface parking lot, which has 72 spaces and exits onto both Potter and Keech. The owner is requesting to build a one-story, 5,443-square-foot new branch building on the northeast corner of that site, with parking for 21 spaces. A second phase of the project would include an eventual 2,230-square-foot addition to the south side of that building. There are six landmark trees on the site, and the plan would require removal of two that are located along South Main, near Keech. Other trees would be added elsewhere on the site.

After the new structure is completed, the old building at 1200 S. Main would be torn down and a 14-space parking lot would be put on that parcel. And to do that, the proposal asked that the northern 123 feet of that parcel – about half of the parcel – be rezoned from O (office) to P (parking), so that parking could become the principal use for that site. A site plan for that parcel is also required.

The owner’s overall plan called for a total of 35 spaces – a reduction from the current parking on the site, which was approved in the mid-1970s but no longer conforms with existing zoning. The 35 spaces would be four more spaces than the 31 maximum number permitted under the O (office) zoning, based on the new building’s square footage in both phases. That’s why the owner requested that a portion of the overall site be rezoned for parking – in the P (parking) district, there is no maximum.

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow: [link]

A car pulls into West Stadium Boulevard from a driveway next to the former Sze-Chuan West restaurant. The Ann Arbor planning commission recommended approval of a proposal to tear down the structure and build a Noodles & Co. restaurant there. (Photos by the writer.)

Much of the discussion about the Tim Hortons site focused on a proposed roundabout at that intersection. Though the coffee and donut shop will likely be built by late summer – about a year before the roundabout is expected to be in place – a spokesman for the company said they’ll be designing the site with the roundabout in mind.

Commissioners also recommended approval of a new AAA branch on South Main, across from Michigan Stadium. The plan calls for rezoning a portion of the site to accommodate more parking than the current office zoning would allow – a total of 35 spaces. That’s a reduction from the amount of parking currently on the site, which was approved in the mid-1970s, but it no longer conforms with existing zoning.

Commissioners Bonnie Bona, Erica Briggs and Kirk Westphal expressed concerns about rezoning an area along Main Street for parking. They also wondered whether 35 spaces were necessary, especially when there are alternative parking options – at a park-and-ride at Pioneer High, and in the nearby neighborhood. Briggs noted that it ran counter to the city’s efforts to encourage alternative transportation. Those three commissioners voted against the rezoning, but the resolution passed on a 6-3 vote. It will still require city council approval.

Also at the March 6 meeting, commissioners postponed action on a request from owners of the Shell service station at the northeast corner of Ann Arbor-Saline and West Eisenhower Parkway. Owners of the station hope to build additions onto the existing 1,000-square-foot convenience store, but planning staff recommended postponement in order to gather additional information and analysis about the plan.

AAA Branch Proposal

Site plans and rezoning for two Main Street parcels owned by the Automobile Club of Michigan – where an AAA branch is currently located – were on the agenda for the March 6 meeting.

City planner Alexis DiLeo gave the staff report. The requests relate to 1100 and 1200 S. Main, across from Michigan Stadium. An AAA branch built in the 1950s is located there. The owner wants to build a new branch on a different part of the site, tear down the existing building, and reconfigure parking spaces.

The two parcels are part of a 1.5-acre site containing four parcels owned by the auto club and all zoned O (office). Located on the 1200 S. Main parcel is the current one-story branch building with walk-out basement and 36 parking spaces, with exits onto South Main, Berkley and Potter.

The 1100 S. Main site is a surface parking lot, which has 72 spaces and exits onto both Potter and Keech. The owner is requesting to build a one-story, 5,443-square-foot new branch building on the northeast corner of that site, with parking for 21 spaces. A second phase of the project would include an eventual 2,230-square-foot addition to the south side of that building. There are six landmark trees on the site, and the plan would require removal of two that are located along South Main, near Keech. Other trees would be added elsewhere on the site.

Looking north on Main Street at the AAA Michigan branch in Ann Arbor.

After the new structure is completed, the old building at 1200 S. Main would be torn down and a 14-space parking lot would be put on that parcel. To do that, the proposal asks that the northern 123 feet of that parcel – about half of the parcel – be rezoned from O (office) to P (parking), so that parking could become the principal use for that site. A site plan for that parcel is also required.

The owner’s overall plan called for a total of 35 spaces – a reduction from the current parking on the site, which was approved in the mid-1970s but is no longer conforming with existing zoning. The 35 spaces would be four more spaces than the 31 maximum number permitted under the O (office) zoning, based on the new building’s square footage in both phases. That’s why the owner requested that a portion of the overall site be rezoned for parking – in the P (parking) district, there is no maximum.

Planning staff had previously recommended postponing action on the request, so that the owner could include the possible future addition as part of the site plan, to reflect parking needs better. However, because the planning commission did not achieve a quorum for its Feb. 23 meeting, no action was taken. Revised plans were subsequently submitted, and the planning staff recommended approval.

AAA Branch Proposal: Public Hearing

One person spoke during the project’s public hearing. Chris Arnold of NSA Architects spoke on behalf of the owners, and said the entire team – including legal counsel, designer, civil engineer and landscape architect – were on hand to answer questions. He said they did a study to see whether to remodel. The existing building has more space than the branch needs, and is configured so that the bottom level is not handicap accessible. The building is also not energy efficient, he said. Meanwhile, the auto club has developed a new brand and image for its offices, so the decision was made to rebuild.

Arnold cited several features of the plan, including a reduction of parking from nearly 100 spaces to a proposed 35 – a rather large and significant reduction, he said. The plan will reduce pervious pavement by about 40%, and eliminate curbcuts onto South Main. The building will also target LEED certification, he said.

Commissioners had several comments and concerns. This report organizes their discussion thematically.

AAA Branch Proposal: Commission Discussion – Construction

Tony Derezinski said he was curious about the construction phases. When would the second phase be built? He joked that Main Street does have some activity, especially in the fall – an allusion to the Saturday football games at Michigan Stadium, located across the street from the AAA branch.

Responding to Derezinski, Alexis DiLeo said that depending on when approval is granted, construction for the first phase would likely begin in late summer or early fall.

John Chamberlain, an attorney representing the owner, said there are no plans yet regarding the second phase. It’s not anticipated that the first phase would require any closure of Main Street due to construction.

Later in the meeting, Derezinski pressed for more details on the project’s second phase – not having a solid timeframe was a concern to him. Chamberlain said he wished he could be more specific, but it’s unclear when expansion would be appropriate in Ann Arbor. Nationwide, AAA is expanding. In some locations, the company is opening bank branches. There’s one in Dearborn, and the second phase of the Ann Arbor branch could accommodate a bank branch, he said. But their plans are flexible, with no certain schedule at this point.

AAA Branch Proposal: Commission Discussion – Landscaping, Stormwater

Wendy Woods asked about the portion of the parcel at 1200 S. Main that would not be used for parking. Would the landscaping be upgraded? Chamberlain said the plan calls for turf grass with perimeter landscaping. It would be an increase over the amount of impervious surface at the site now, he said – about 55-60% of the parcel will be grass or landscaping.

Evan Pratt asked about the soil type on the site – it’s Miami loam, DiLeo said. Pratt highlighted the fact that a bioswale is proposed on the southern side of 1100 S. Main.  Usually, inclusion of a bioswale means that the design relies on water to infiltrate, he said, but there’s also an underground detention chamber on the site. Steve Sorensen, the project’s civil engineer, confirmed that the intent is for water to perc down through the bioswale.

There are pervasive water problems along the Allen Creek, Pratt noted, so it’s beneficial to take runoff off-line, out of the city’s stormwater system. He observed that another recent project – a residential development at 618 S. Main – plans to handle all its stormwater runoff on the site, with zero percent added to the stormwater system. The commission liked that approach, he said.

Pratt encouraged the use of pervious pavement, whenever possible, saying that it’s a benefit to the owners because it requires less maintenance than traditional impervious pavements. He also liked the fact that the curbcuts onto Main Street would be removed. However, he said he was scratching his head “trying to figure out how we can get a little silk on the sow’s ear here.”

AAA Branch Proposal: Commission Discussion – Parking

Kirk Westphal asked whether other options were considered – such as a “planned project” – instead of rezoning a parcel for parking. Alexis DiLeo indicated that several options had been discussed. The owners originally were seeking a variance for the additional parking. Wendy Rampson, the city’s planning manager, noted that the city’s zoning board of appeals doesn’t have the authority to grant a variance for a use that normally isn’t allowed. Because parking would be considered the principal use for this parcel, she said, the only option was to rezone it for parking.

Rampson said the other strategy that was discussed was to keep the existing building or put another development on the site, so that there could be shared parking with the new branch building. The owners looked at that possibility, but decided that their mission wasn’t to create new office space and become a landlord.

Rampson noted that in an earlier proposal, the owners had requested that the entire 1200 S. Main parcel be rezoned for parking. But that request had been modified to ask for rezoning only on about half of the parcel.

Bonnie Bona, right, was one of three planning commissioners who voted against a proposal to rezone part of the AAA branch parcel from office to parking. To the left is Alexis DiLeo of the city's planning staff.

DiLeo explained that a planned project wouldn’t be an option, because it allows only for zoning modifications related to setback and height, not parking.

Westphal asked whether this rezoning would complicate future development, if the land changes hands. DiLeo replied that if it’s rezoned as parking, then that’s what the parcel must be used for. If the entire site were to be redeveloped, it would likely have to be rezoned again.

Erica Briggs also expressed concern about rezoning for parking, especially given that the site is located on Main Street. It doesn’t seem to be in line with the city’s plans for that area, she said.

Bonnie Bona noted that some of the auto club’s parking demand relates to occasional special meetings that are held there. She wondered about the availability of nearby parking in neighborhood streets. Is there any residential pressure that would prevent daytime parking there?

All of the side streets in that area – including Keech, Potter and Berkley – have on-street parking, DiLeo said. It’s used to some extent by people who work in downtown Ann Arbor or at the University of Michigan, she added, but not at levels like you’d find in Kerrytown or on the Old West Side. She did note, however, that before the AAA branch added parking in the 1970s, residents complained about the on-street parking situation.

John Chamberlain, legal counsel for the auto club, explained that the larger meetings held at the branch were usually marketing- and travel-related, such as information meetings about cruises, for example. Bona said that where she works, when they need to hold a large meeting they find a venue with parking that can accommodate it.

Bona also noted that since this AAA site is in an urban setting, alternative methods of getting to work should be encouraged. Is it located on a bus route? she asked.

Yes, DiLeo said. Two bus routes emanate from the south stop at the nearby Pioneer High School park-and-ride, then go past the AAA site and into downtown.

Diane Giannola asked whether the maximum amount of parking allowed on the site takes into account whether the parking is needed for employees or customers. DiLeo wasn’t sure, but said there are different requirements for retail districts compared to office districts – more parking is allowed for retail. Regarding the possible future AAA bank branch at that location, DiLeo later clarified that financial institutions require between 4.5-5.5 spaces per 1,000 square feet of floor space. That compares to general office use, with a requirement of 3-4 spaces per 1,000 square feet.

Referencing the initial phase of the project, Giannola said she understands that the AAA branch is considered an office, but it’s not a typical office – more customers tend to come and go.

Wendy Woods asked whether there are restrictions on who can use the AAA parking lot after-hours. No, Chamberlain said, anyone can park there. Woods noted that if UM decides to hold more night games at Michigan Stadium, additional parking in that area might be useful. Chamberlain reported that on football Saturdays, the branch lets a local Boy Scout troop sell parking on the lot and keep the proceeds. That relationship will continue, he said.

Westphal noted that there is, in effect, overflow parking in the neighborhood, which he said the city subsidizes. He pointed to the parking study of the site as summarized in the staff report, which stated: ”Between 14 and 18 parking spaces were occupied for multiple hours without turnover, which is attributed to employee vehicles.”

He asked how long it would take to walk from the Pioneer park-and-ride lot to the AAA branch. About 5-7 minutes, DiLeo estimated. In that case, Westphal said, he’d feel comfortable about possibly deferring action on the extra parking that AAA says it needs for the second phase of its project.

Briggs agreed, saying it’s hard to see the need for rezoning part of the parcel for parking.

AAA Branch Proposal: Commission Discussion – Parking, Rezoning Deferred?

Westphal wondered whether it made sense to consider the rezoning proposal later, but move ahead on the site plans. Would that throw a wrench into the overall project?

DiLeo said the rezoning takes longer to move through the approval process, because it requires two readings at city council. If the commission postponed or tabled the rezoning, the site plan for 1200 S. Main couldn’t move forward because the two proposals are linked, she said. On the other hand, even if the commission voted to deny any of the proposals, the owners could still move the project to the city council. It would simply move forward with a recommendation of denial.

Wendy Rampson said the reason that planning staff presented three different proposals to vote on was to allow for some flexibility. But if the commission denied a recommendation to rezone the parcel, they should also make it clear that they’re recommending approval only of the first phase of the overall project, she said. That would be the most expeditious way to allow the owners to move forward to the city council.

Westhphal explained his main concern: If AAA never moves ahead with its second phase, there will have been no reason to rezone land on Main Street for parking. He didn’t think it was onerous to ask AAA to bring back the rezoning request whenever they’re ready to do the second phase of the building.

Planning commissioner Eleanore Adenekan.

Giannola reminded commissioners that the current proposal reduces parking on the site significantly from the amount that’s there now. It’s an improvement, she said, so it’s more of a win-win, even if it’s rezoned for parking.

Briggs said she agrees 100% that the proposal would be better than the existing site. But there’s never a justification to rezone for parking, she said. Residents pay taxes to support the park-and-ride lots, and the neighborhoods. There is parking capacity in those locations, she said. If AAA ever decides to build the second phase, they can ask for more parking. She observed that the current proposal requests rezoning to allow for just four extra spaces.

Rampson clarified that the parcel would have to be rezoned for parking no matter how many spaces were actually on it, because without a building there, parking would be its principal use.

Bona agreed that the proposal was a huge improvement, “but that doesn’t mean it’s enough improvement.” If the rezoning occurs, Bona said she assumed the owners could leave the existing building in place and use the parking that’s currently there. But could they tear down the building and keep the parking for it?

No, DiLeo said, because without a building, parking would become the principal use and it would need to be rezoned. She said the staff had talked to the owners about keeping the current building and renting it out, but AAA doesn’t want to be a landlord, she said. They could leave the building vacant, but they can’t demolish it.

Woods said she wasn’t sure it was fair to tell a business to ask clients or employees to park on the neighborhood streets. Then the problem spills over into the neighborhood. She noted that if an office is eventually built on the 1200 S. Main parcel, then a portion of the lot would be used for parking anyway. So she wasn’t sure it was fair to prevent parking on that site now.

Giannola agreed with Woods. It’s unfair for the parking to spill into the neighborhoods. And it doesn’t seem necessary, she added, given that the site is being improved. AAA is a special kind of office, and needs more parking than just for employees. It’s important to have temporary parking for customers, she said.

Derezinski said he echoed those comments, and added that the building AAA plans to put up is very nice. He objected to making the company return a second time for approval of the next phase, saying that approach is more expensive and therefore would be less likely to happen.

Briggs said she was likely beating a dead horse, but that she lived on the city’s west side and didn’t mind when non-residents parked in the neighborhood. It meant there were more “eyes on the street.” If more parking is provided on the site, she said, then of course it will be used. But if the city wants to encourage alternative forms of transportation, like biking and walking, then they need to plan parking accordingly. These goals are stated in several of the city’s planning documents, she concluded, including the transportation plan and non-motorized transportation plan, among others.

Outcome: Three separate votes were taken. The vote to recommend rezoning of 1200 S. Main to P (parking) passed on a 6-3 vote, with dissent from Bona, Briggs and Westphal. Those three commissioners also voted against the site plan for 1200 S. Main, but that resolution also passed on a 6-3 vote. The site plan for 1100 S. Main was unanimously approved. The proposal will be forwarded to the city council for approval.

Noodles & Co. Site Plan

Commissioners were asked to consider a plan for a new Noodles & Co. restaurant at 2161 W. Stadium Blvd. – site of the former Sze-Chuan West, a building adjacent to Bell’s Diner and Stadium Hardware.

City planner Alexis DiLeo gave the staff report. The proposal calls for demolishing the existing 4,300-square-foot restaurant and building a new 2,679-square-foot one-story restaurant with a 615-square-foot enclosed patio at the front of the building. The 1.15-acre site is located on the west side of West Stadium, south of Liberty. The project would also reconfigure the existing parking lot and provide additional landscaping.

The site plan approval would be contingent on a land division request that’s currently being reviewed by the city’s planning staff. The division would separate the restaurant parcel from a larger parcel at 2151 W. Stadium, where the Big M car wash is located. Both parcels are owned by Chuck Gallup of Gallup Properties.

Another contingency relates to an easement that allows the site to access West Stadium. Currently, there’s a 10-foot access easement to the north – a shared driveway with 2163-2177 W. Stadium, where the building that houses Bell’s Diner and Stadium Hardware is located. However, the owner of that property is unwilling to expand that easement. Instead, a permanent access easement across the adjacent property to the south – where the Big M car wash is located – will be required.

In their staff memo, planning staff noted that the redevelopment is consistent with the city’s master plan and would improve the aesthetics of the West Stadium corridor. The project had originally been on the planning commission’s Feb. 23 meeting agenda, but because commissioners lacked a quorum, no action could be taken and it was rescheduled for the March 6 meeting. Staff had recommended the project for approval.

Noodles & Co. operates two other restaurants in Ann Arbor – at 320 S. State, near the University of Michigan campus; and at Arborland on Washtenaw Avenue, on the city’s east side.

Noodles & Co. Site Plan: Public Hearing

Only one person, Todd Quatro, attended the public hearing – he spoke on behalf of the owner. Quatro said DiLeo’s report covered the highlights of the project. The plan is to demolish the existing building and put up a new one, with additional landscaping, stormwater detention and other features. A new fire hydrant will also be installed, he said.

Noodles & Co. Site Plan: Commission Discussion

Diane Giannola asked if it’s common to have a parcel with two different types of zoning for the same parcel. [The site at 2161 W. Stadium Blvd. is zoned C3 (fringe commercial) at the front, where the restaurant is located, and C2B (business service district) at the rear.] DiLeo said it’s not a common situation, but it does occur – the AAA branch site is now an example of that, she added.

Wendy Woods told Quatro that the pavement between the car wash and the restaurant building is “a little rough.” Quatro replied that it will be repaved, and widened slightly.

Bonnie Bona raised the issue of the driveway between the proposed Noodles site and the building to the north. She noted that driveway is wide and people were accustomed to parking next to the restaurant, but all the parking spaces for the new restaurant will be in the back. The excess pavement in the driveway might attract parking, and create a problem, she said.

Quatro said communication has been difficult with the property owner to the north. [City records show the property is owned by Renken Associates. Duane Renken, the firm's president, had sent a letter to the city planning staff stating that an access easement would not be expanded or modified.] A meeting is scheduled next week with the owner to talk about the construction sequence, Quatro said, and he hoped that would open a little conversation between the parties. Wendy Rampson, the city’s planning manager, also indicated that the staff were somewhat frustrated about the lack of communication, and hoped that the meeting would improve the situation.

Outcome: Commissioners unanimously recommended approval of a site plan for a new Noodles & Co. restaurant at 2161 W. Stadium Blvd. The recommendation will be forwarded to the city council for consideration.

Tim Hortons on State Street

A site plan for a new Tim Hortons at 3965 S. State St. was on the agenda for the March 6 meeting. The site is located on the east side of the street, near the intersection of State and Ellsworth.

Mark Kellenberger, a representative of Tim Hortons, addressed the March 6 meeting of the Ann Arbor planning commission. In the background is Dave Dykman, a project manager with the city, who was on hand to answer questions about a roundabout planned for the intersection of South State and Ellsworth, near the proposed Tim Hortons site.

City planner Chris Cheng gave the staff report. The plan calls for demolishing a vacant building on the 2.23-acre site where previous restaurants, including Enzo’s and Gallagher’s, were located. In its place, a one-story 1,953-square-foot restaurant with a single-lane drive-thru would be built on a 1.18-acre site divided from the current parcel. An outdoor seating area is proposed on the east side of the building.

The building would face West Ellsworth and use an existing shared drive on South State, as well as a relocated drive onto West Ellsworth, which will be shifted to the east.

The property is zoned C3 (fringe commercial), which allows for construction of a drive-thru restaurant. The planning commission’s recommendation would be contingent on two issues: (1) submission of a tree health evaluation form, and (2) approval of the parcel’s land division, prior to the city’s issuance of permits for construction of the new building.

Cheng noted that some aspects of the proposed drive-thru don’t conform with draft amendments to Chapter 59 of the city code, which the commission had voted to recommend at its Dec. 6, 2011 meeting and which were given initial approval by city council at their March 5 meeting. The Tim Hortons proposal includes a 5-foot-wide pedestrian link from the Ellsworth sidewalk to the outdoor seating area – crossing the drive-thru lane. But the link is not raised, and no bollards are proposed at each corner to alert drivers to the pedestrian crossing – both of these measures would be required by the code, if the council gives final approval to the amendments. Cheng said Tim Hortons is open to making changes in the color or materials of this sidewalk link, and to placing two bollards at the south side corners.

Much of the discussion among commissioners focused on the proposed roundabout at State and Ellsworth, which Cheng described as a “fluid situation.” He noted that the plan at this point calls for an 8-foot-wide nonmotorized path along the north side of Ellsworth, approaching State and adjacent to the Tim Hortons site.

Mark Kellenberger, representing Tim Hortons, was the only speaker during a public hearing on the project. He said they’d found out about the roundabout plans late in the process, but are working to integrate their own plans to accommodate it. He indicated that if the company gets approval from the city, Tim Hortons hopes to open the location this August. Construction for the roundabout is expected to begin in the spring of 2013, with completion in the fall of that year.

Tim Hortons on State Street: Roundabout – Background

To put the roundabout issue in context, The Chronicle attended a Feb. 29, 2012 public forum about the project at Pittsfield Township Hall. The effort is a collaboration of the Washtenaw County road commission, Pittsfield Township and the city of Ann Arbor. Project manager Mark McCulloch told the crowded forum that the project is being driven in large part by the new Costco store, which is expected to open this summer just northwest of State and Ellsworth. That store will add traffic to the already congested intersection.

The roundabout would be funded by a $1.4 million federal grant from the Congestion Mitigation and Air Quality Improvement (CMAQ) program. Costco also plans to contribute $500,000. Building a roundabout is seen as a better alternative to accommodate increased traffic flow than widening the roads.

There are a few roundabouts within the city of Ann Arbor, including at the intersections of Huron Parkway and Nixon Road, Maple and M-14, and Geddes and US-23. The latter two were built in partnership with the Michgan Dept. of Transportation, which handles major trunklines through the city. Outside of the city, the road commission oversees road construction, and is handling the Ellsworth and South State roundabout. It previously built a roundabout in Ypsilanti Township, on Whittaker Road at Stony Creek Road.

Looking south on South State Street, at the intersection of State and Ellsworth.

The Feb. 29 forum included opportunity for questions and comments, and while some people supported the roundabout, many expressed a general dislike for the approach, based on their personal experiences and on concerns about its effectiveness. One resident asked how the roundabout would deal with 100,000 people on a football Saturday, for example. He said when he encountered a roundabout in Ontario, he was at a standstill for five minutes because he could not change lanes.

Some residents were concerned about how the roundabout will affect people using the Pittsfield Township senior center, which is located at the southwest corner of State and Ellsworth. One woman who spoke said she was an employee at the center, and asked if there would be information circulated to senior citizens. She said that understanding the project is crucial “to ease their worries, which will make them less scared.” McCulloch said he indicated he’d be willing to do both formal and informal Q&A sessions with seniors in the future.

Another concern raised at the forum related to the roundabout’s design. One man said he had used roundabouts for many years, having traveled in Asia, Europe, and South America. “The concept is good,” he said, “but size is the problem.” He argued that the proposed roundabout was too small.

Proposed location of Tim Hortons is indicated with the magenta arrow. (Image links to .pdf file.)

McCulloch replied that “we’ve tried to find a balance point.” A small roundabout means that vehicles will travel at a lower speed, which is good for safety. A roundabout that’s too large could be more dangerous, he said.

Another man also argued that the project was much too small. He asked if any thought had been given to widening Ellsworth. McCulloch said the road commission had “no jurisdiction over the city of Ann Arbor.” Ellsworth is located within the city.

Some residents at the forum expressed frustration that the decision to build a roundabout had already been made. “Is there anything I can do to stop this madness?” one woman asked. After laughing, McCulloch answered, “All you can do is tell my managers.”

She asked if she could circulate a petition. McCulloch answered that she could do that, but he indicated that he couldn’t promise any change in the plans.

Tim Hortons on State Street: Commission Discussion – Roundabout

At the March 6 planning commission meeting, Tony Derezinski asked whether the ingress and egress from this site has potential to conflict with the proposed roundabout at State and Ellsworth, especially during busy times of day.

Dave Dykman, a project manager with the city, told commissioners that a consultant team is looking at that issue now, particularly the access onto South State. They’re looking at the possibility of allowing only right turns out of the site, he said. They might also put in a northbound-to-southbound crossover in the median on State north of the intersection, which would allow cars going northbound on State to access the southbound lane. Now, there’s a southbound-to-northbound crossover on State just south of the Research Park intersection. Making lefthand turns out of the Tim Hortons site wouldn’t work, he said.

Dykman also said a short left turn lane from southbound South State is being considered for the turn into the Tim Hortons site.

Mark Kellenberger, the representative from Tim Hortons, said the last thing he wants to do is build a Tim Hortons on the site and have it functionally obsolete as soon as the roundabout is built. Although the business has other locations in this area, the location at State and Ellsworth will be the first free-standing Tim Hortons in Ann Arbor. They’ve been working with the county road commission to get the most updated roundabout plans and respond to those in the design, Kellenberger said. That’s their goal.

Diane Giannola noted that other roundabouts in the city don’t have businesses nearby. She wondered if it’s unusual to have a business near a roundabout. Dykman replied that it’s common in other parts of the country. He noted that one community in Indiana has more than 60 roundabouts. [That town is Carmel, a northern suburb of Indianapolis. A report on Carmel's roundabouts aired last year on CNN's Anderson Cooper 360.] A roundabout at State and Ellsworth will significantly improve traffic at that intersection, Dykman said.

Wendy Woods asked about the timeline for building the roundabout. The tentative start date for construction is in the spring of 2013, Dykman said, with completion in September of that year.

Tim Hortons on State Street: Commission Discussion – Pedestrian Access, Site Design

Kirk Westphal said it’s great that the company is adhering to requirements that are not yet in place, referring to the Chapter 59 amendments to the city code. He wondered whether a raised crossing would be possible, and asked if it could be designed with slope that’s gentle enough not to cause drivers to spill their coffee.

From left: planning commissioners Tony Derezinski, Evan Pratt, and Kirk Westphal.

Mark Kellenberger with Tim Hortons said the design is somewhat limited by where the patio area is located. The crossing from the Ellsworth sidewalk to the patio is only about 13 feet, so it’s not far to cross, he said. They’ve discussed striping it and putting in bollards, but not raising it.

Bonnie Bona suggested using something textural for the sidewalk, like brick or stamped asphalt. The Starbucks on Washtenaw has a pedestrian crossing that works well, she said. Painting stripes tends to look out of scale for pedestrians, she observed – it’s as though the stripes are sized for a semi-truck.

Erica Briggs wondered if there was an pedestrian walkway planned from South State into the site. Cheng replied that there are sidewalks along State, and the Tim Hortons building will have bike hoops and a bike locker. But there isn’t a pedestrian path from State to the building.

So if someone were walking along State and wanted to go to Tim Hortons, Briggs asked, they’d need to walk along the driveway into the site? Yes, Cheng said. Briggs asked if any accommodation could be made to separate the drive from a place for pedestrians to enter. Kellenberger said he wasn’t sure how they’d do that, given the amount of room they have to work with and the landscaping that would be required.

Wendy Woods asked about the number of cars that the drive-thru is designed to accommodate – a queue of 11 vehicles. That seemed like a lot, she said. If she saw 11 cars in the line, that would be a disincentive for her to stop in.

Kellenberger said Tim Hortons prides itself on quality and fast service. You might be the 10th car in line, but it would only take a couple of minutes before you’re served, he said.

Derezinski asked about plans he’d heard for Tim Hortons in other locations. He recalled approving a plan for a Tim Hortons at the intersection of Washtenaw and Huron Parkway a few years ago, but that project never materialized. Kellenberger said that project didn’t work out for a variety of reasons.

In response to another query from Derezinski, Kellenberger said the timeline for construction is to begin in early May, assuming approvals and permits are received from the city. That could lead to an August 2012 opening, he said. He told Derezinski the shop is expected to be open 24 hours daily – that’s what the business is proposing.

Outcome: Commissioners voted unanimously to recommend the site plan for a Tim Hortons shop at 3965 S. State, near Ellsworth. The recommendation will be forwarded to the city council.

Revised Shell Station PUD

Commissioners were asked to consider a request regarding the Shell service station at the northeast corner of Ann Arbor-Saline and West Eisenhower Parkway.

City planner Chris Cheng gave the staff report. Owners of the station are asking for revisions to the site’s planned unit development (PUD), which would allow them to build additions onto the existing 1,000-square-foot convenience store. The new additions would total 4,089 square feet, including 2,189 square feet to the north and east of the store. Their plan also calls for converting the 900-square-foot carwash area into new retail space. The existing access drive to the carwash would be landscaped, and the parking lot would be reconfigured for a new total of 16 spaces.

Cheng noted that although the current plan shows a proposed cut-through between the site and the adjacent Cranbrook Shopping Center, the grade change is too steep between the two parcels, and that part of the plan will be removed.

Planning staff had recommended postponement because additional information and analysis was required, including: (1) a trip-generation evaluation, with a statement on the impact to the adjacent intersection (West Eisenhower and Ann Arbor-Saline); and (2) an evaluation of sewer flow data comparing the proposed flow (as a result of this project) to the existing flow. If the proposed flow is greater than the existing flow, the increased flow must be mitigated.

In addition, planning staff are writing an amendment to the PUD’s current development agreement to remove limitations on uses allowed at the site. Instead, the limitations would be handled in supplemental regulations to the PUD.

Revised Shell Station PUD: Commission Discussion

No one spoke during a public hearing on the proposal.

Evan Pratt noted that commissioners had provided feedback at a Dec. 13, 2011 working session, before the owners submitted this proposal. He wondered if that feedback had been incorporated into the proposal.

Wendy Rampson, head of the city’s planning staff, suggested that commissioners review changes in the PUD’s supplemental regulations. Planning staff had drafted some design guidelines for the site, to provide direction for future development. It would be helpful for commissioners to provide feedback on that draft, she said. [.pdf of supplemental regulations] Beyond that, there haven’t been any changes since that December session.

Bonnie Bona noted that she’d asked that accommodations be made in the plan for the location of propane tanks and ice chests. If those are located in front of the building, access ramps would be blocked.

Erica Briggs wondered why vehicle access between the site and Cranbrook Shopping Center is no longer included. Cheng said there’s a severe drop between the Shell site and Cranbrook, and a cut-through wouldn’t be possible, given the grade. Briggs asked whether a pedestrian passage could be built. Cheng agreed to explore that possibility, but noted that it would likely require steps.

Outcome: Commissioners voted unanimously to postpone the request for PUD revisions for the Shell service station at Ann Arbor-Saline and West Eisenhower Parkway.

Present: Eleanore Adenekan, Bonnie Bona, Erica Briggs, Tony Derezinski, Diane Giannola, Eric Mahler, Evan Pratt, Kirk Westphal, Wendy Woods.

Next regular meeting: The planning commission next meets on Tuesday, March 20 at 7 p.m. in the second-floor council chambers at city hall, 301 E. Huron St., Ann Arbor. [confirm date]

Chronicle intern Hayley Byrnes contributed to this report. The Chronicle relies in part on regular voluntary subscriptions to support our coverage of public bodies like the city planning commission. If you’re already supporting The Chronicle, please encourage your friends, neighbors and coworkers to do the same. Click this link for details: Subscribe to The Chronicle.

The requests relate to 1100 and 1200 S. Main, across from Michigan Stadium. An AAA branch built in the 1950s is located there. The owner wants to build a new branch on a different part of the site, tear down the existing building, and reconfigure parking spaces.

The two parcels are part of a 1.5-acre site containing four parcels owned by AAA and all zoned O (office). Located on the 1200 S. Main parcel is the current one-story branch building with walk-out basement and 36 parking spaces, with exits onto South Main, Berkley and Potter.

The 1100 S. Main site is a surface parking lot, which has 72 spaces and exits onto both Potter and Keech. The owner is requesting to build a one-story, 5,443-square-foot new branch building on the northeast corner of that site, with parking for 21 spaces. A second phase of the project would include an eventual 2,230-square-foot addition to the south side of that building. There are six landmark trees on the site, and the plan would require removal of two that are located along South Main, near Keech. Other trees would be added elsewhere on the site.

After the new structure is completed, the old building at 1200 S. Main would be torn down and a 14-space parking lot would be put on that parcel. To do that, the parcel would need to be rezoned from O (office) to P (parking), because parking would become the principal use for that site.

The owner’s overall plan called for a total of 35 spaces – a reduction from the current parking on the site, which was approved in the mid-1970s but is no longer conforming with existing zoning. The 35 spaces would be four more spaces than the 31 maximum number permitted under the O (office) zoning, based on the new building’s square footage in both phases. That’s why the owner requested that a portion of the overall site be rezoned for parking – in the P (parking) district, there is no maximum.

Planning staff had previously recommended postponing action on the request, so that the owner could include the possible future addition as part of the site plan, to reflect parking needs better. However, because the planning commission did not achieve a quorum for its Feb. 23 meeting, no action was taken. Revised plans were subsequently submitted, and the planning staff recommended approval.

Commissioners Bonnie Bona, Erica Briggs and Kirk Westphal expressed concerns about rezoning an area along Main Street for parking. They also wondered whether 35 spaces were necessary, especially when there are alternative parking options – at a park-and-ride at Pioneer High, and in the nearby neighborhood. Briggs noted that it ran counter to the city’s efforts to encourage alternative transportation.

Three separate votes were taken. The vote to recommend rezoning of 1200 S. Main to P (parking) passed on a 6-3 vote, with dissent from Bona, Briggs and Westphal. Those three commissioners also voted against the site plan for 1200 S. Main, but that resolution also passed on a 6-3 vote. The site plan for 1100 S. Main was unanimously approved.

The proposal will be considered for final approval by the city council.

This brief was filed from the second floor council chambers at city hall, 301 E. Huron St. A more detailed report will follow: [link]

Ann Arbor planning commissioners and staff talk to high school students in city council chambers on Feb. 23. From left: Wendy Woods, Bonnie Bona, city planner Alexis DiLeo, and Kirk Westphal. (Photos by the writer.)

Five of the nine commissioners are needed for a quorum to conduct business, and only four attended. In addition to those four, about 10 people showed up for the two main action items on the agenda, and several high school students were attending as part of a class assignment.

After waiting about 30 minutes, vice chair Kirk Westphal and Wendy Rampson, head of the city’s planning staff, conferred and decided to hear public commentary. One person spoke. John Chamberlain, an attorney representing the Automobile Club of Michigan, came to the podium only to say that he and his team would return for the commission’s next meeting, on March 6.

The club wants to tear down its existing AAA branch near Michigan Stadium and build a new one, and was requesting approval for a site plan. The other main action item on Thursday’s agenda was site plan approval to build a new Noodles restaurant on West Stadium Boulevard, at the location of the former Sze-Chuan West. Both projects will be considered at the planning commission’s March 6 meeting.

Robert’s Rules, Commission Bylaws

Regular planning commission meetings are typically held on the first and third Tuesdays of each month. This past week, the meeting was shifted from Tuesday to Thursday, accommodating a city council meeting that had been bumped from Monday to Tuesday because of the Feb. 20 Presidents Day holiday.

The planning commission is governed by its own set of bylaws, which were revised and adopted last year. [.pdf of planning commission bylaws] The bylaws refer explicitly the requirement of a quorum:

Section VII Meetings
…
Section 10. A quorum shall consist of five (5) members of the Commission. An affirmative vote of five (5) members is required for the Commission to act on any matter, except six (6) votes shall be required to go into closed session or to act on plans, policy statements, granting of special exception uses, recommendations to City Council, and petitions described in Article IX of these bylaws. The right to vote is limited to members of the Commission actually present at the time the vote is taken at a lawfully called meeting.

Beyond that, the bylaws generally defer to Robert’s Rules of Order – a parliamentary guide that’s the standard set of rules by which public bodies operate. From the commission’s bylaws:

Article XIII Parliamentary Authority
Section 1. The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall guide the Commission; however parliamentary procedure shall be flexible and may be adjusted in the Chair’s discretion to best serve the needs of the Commission. Nevertheless, no parliamentary procedure shall be followed that is inconsistent with these bylaws.

Robert’s Rules states that “in the absence of a quorum, any business transacted is null and void.” There are only four exceptions to that rule: (1) fixing the time to which to adjourn; (2) adjourning; (3) recessing; or (4) taking measures to obtain a quorum.

Pre-Meeting Conversations, 3-Minute Session

As people waited for a fifth commissioner to arrive,  city planning manager Wendy Rampson gave periodic updates on the situation. She also took the opportunity to explain Robert’s Rules to the high school students who were attending as part of a class assignment.

Rampson then invited the four commissioners who had already arrived – Bonnie Bona, Diane Giannola, Kirk Westphal, Wendy Woods – to introduce themselves to the students and talk a bit about their background. Woods in particular capitalized on the opportunity. She described her job as associate director of the Michigan Community Scholars Program at the University of Michigan, and encouraged students to consider attending UM after graduating high school.

At roughly 7:30, Westhphal – the commission’s vice chair – took the chair’s seat at the front of the council chambers. He said he was calling the meeting to attention, not to order, and that anyone who wanted to address the commission could do so. Their comments would be communicated to other commissioners at the March 6 meeting, he said, and people could address the commissioners again at that meeting, if they desired.

Only one person spoke. John Chamberlain, an attorney representing the Automobile Club of Michigan, came to the podium only to say that he and his team would return for the commission’s next meeting, on March 6.

When no one else stepped forward, Westphal apologized, saying he couldn’t remember a previous occasion when the commission had not been able to meet because of the lack of a quorum. [Rampson later told The Chronicle that it has happened before, but not for several years.]

At the Feb. 23 session, Rampson told the gathering that there were apparently “crossed wires” in communicating with the commission’s chair, Eric Mahler, who had been expected to attend the meeting. Rampson noted that the planning staff had recommended postponing one of the two action items – the one concerning the AAA branch on South Main. She indicated that staff had recently received revised plans from the owner, and would present a revised report on that project at the March 6 meeting.

The Feb. 23 session, as recorded by the Community Television Network, lasted 3 minutes and 25 seconds.

AAA Branch

The item that Rampson mentioned related to two parcels – 1100 and 1200 S. Main, across from Michigan Stadium – owned by the Automobile Club of Michigan and containing an AAA branch that was built in the 1950s. The owner wants to build a new branch on a different part of the site, tear down the existing building, and reconfigure parking spaces there.

The two parcels are part of a 1.5-acre site containing four parcels owned by AAA and all zoned O (office). Located on the 1200 S. Main parcel is the one-story branch building with walk-out basement and 36 parking spaces, with exits onto South Main, Berkley and Potter.

John Chamberlain, an attorney representing the Automobile Club of Michigan.

The 1100 S. Main site is a surface parking lot, which has 72 spaces and exits onto Potter and Keech. The owner wants to build a one-story, 5,443-square-foot new branch building on the northeast corner of the site, with parking for 21 spaces. There are six landmark trees on the site, and the plan would require removal of two that are located along South Main, near Keech.

After the new structure is completed, the old building at 1200 S. Main would be torn down and a 14-space parking lot would be put on that parcel. To do that, the parcel would need to be rezoned from O (office) to P (parking), since parking would become the principal use for that site.

In their memo, city planning staff noted that between 16-22 parking spaces would be required for a 5,443-square-foot building. The owner’s plan called for a total of 35 spaces. Even though it would be a reduction from the current parking on the site – which was approved in the mid-1970s – it would be more than would be required for the new building under city code. The owners had indicated that an addition to the new building might be made in the future. If that happens, the extra parking would be necessary.

Planning staff had recommended postponing action on the request, so that the owner could include the possible future addition as part of the site plan, to reflect parking needs better. Revised plans have since been submitted, and the planning staff expects to prepare a revised report by the planning commission’s March 6 meeting.

Noodles Restaurant

A plan for a new Noodles & Co. restaurant at 2161 W. Stadium Blvd. – site of the former Sze-Chuan West, a building adjacent to Bell’s Diner and Stadium Hardware – was also on the Feb. 23 planning commission agenda.

The proposal called for demolishing the existing 4,300-square-foot restaurant and building a new 2,679-square-foot one-story restaurant with a 615-square-foot enclosed patio at the front of the building. The 1.15-acre site is located on the west side of West Stadium, south of Liberty. The project would also reconfigure the existing parking lot and provide additional landscaping.

The site plan approval would be contingent on a land division request that’s currently being considered by the city’s planning staff. The division would separate the restaurant parcel from a larger parcel at 2151 W. Stadium, where the Big M car wash is located.

In their staff memo, planning staff noted that the redevelopment is consistent with the city’s master plan and would improve the aesthetics of the West Stadium corridor. Staff had recommended the project for approval. It will be considered by the commission at its March 6 meeting.

Noodles & Co. operates two other restaurants in Ann Arbor – at 320 S. State, near the University of Michigan campus; and at Arborland on Washtenaw Avenue, on the city’s east side.

Present: Bonnie Bona, Diane Giannola, Kirk Westphal, Wendy Woods.

Absent: Eleanore Adenekan, Erica Briggs, Tony Derezinski, Eric Mahler, Evan Pratt.

Next regular meeting: The planning commission next meets on Tuesday, March 6 at 7 p.m. in the second-floor council chambers at city hall, 301 E. Huron St., Ann Arbor. [confirm date]

The Chronicle relies in part on regular voluntary subscriptions to support our coverage of public bodies like the city planning commission. If you’re already supporting The Chronicle, please encourage your friends, neighbors and coworkers to do the same. Click this link for details: Subscribe to The Chronicle.