Residents who live near the proposed Glendale Condos development turned out to oppose the project, which was postponed by planning commissioners. (Photos by the writer.)

Nearly two dozen residents spoke during a public hearing to oppose the project at 312 Glendale, citing concerns about increased flooding and other stormwater problems, dangers of a proposed retention/detention pond, increased traffic, and a loss of landmark tress and green space.

The project had been previously postponed a year ago, at the planning commission’s July 16, 2013 meeting. That meeting had drawn about an hour of commentary from residents who opposed it then as well.

The current proposal has been scaled back – but still drew considerably opposition. The plan now calls for six duplexes, each with two two-bedroom condos. (The original proposal had been for eight duplexes.) Based on the size of the parcel and the site’s zoning, up to 39 units would be allowed by right.

It was a retention/detention pond that drew most concern from commissioners. Wendy Woods said the potential danger it posed would prevent her from supporting the project. Ken Clein questioned the contention of the architect, Scott Bowers, that the pond had been mandated by the office of the Washtenaw County water resources commissioner. Clein and other commissioners asked planning staff to get more information from the water resources commissioner about whether there are other options to handle all of the site’s water detention – such as additional underground systems.

The water resources commissioner is Evan Pratt, who formerly served on the Ann Arbor planning commission.

Also prompting some concerns – but ultimately gaining a recommendation of approval from commissioners – was a proposal for new condominiums on West Liberty Street, called The Mark. The proposal from developer Alex de Parry is to demolish an existing car wash at 318 W. Liberty and build an 11,910-square-foot structure with seven residential condominiums – five two-bedroom and two three-bedroom units. Each condo would have its own two-car tandem garage for a total of 14 parking spaces, although no parking is required.

The lot, on the north side of Liberty, is east of the historic Peter Brehme house at 326 W. Liberty and located in the Old West Side historic district. Concerns raised during a public hearing focused on the fact that a small portion of the site’s corner lies within the floodplain, as well as a general objection to high-end development in the downtown core. One woman also criticized the aesthetics and height of the project. The project’s architect, Brad Moore, responded to concerns about the floodplain by saying that none of the building is within the floodplain. The garages are out of the floodplain, and the living space is located above the garages, he noted.

Two other projects were recommended for approval during the 4.5-hour meeting. Delta Chi plans to tear down its existing fraternity house at the corner of Hill and Oxford and build a much larger structure in its place. The current occupancy of 23 residents would increase to 34 people, including a resident manager. A fraternity representative fielded questions about the decision not to make a voluntary parks contribution. Some commissioners expressed skepticism at the contention that fraternity members didn’t use city parks, and asked that the contribution be reconsidered.

Finally, a $10.5 million expansion of the Gift of Life Michigan facility on Research Park Drive is moving forward to city council, after planning commissioners recommended approval of a site plan and rezoning. The nonprofit wants to build a three-story, 40,786-square-foot addition to connect two existing buildings at 3161 and 3169 Research Park Drive. The additional space will accommodate offices, a special events auditorium and “organ procurement suites.” The nonprofit’s website states that the Gift of Life is Michigan’s only federally designated organ and tissue recovery program.

Glendale Condos

The July 1 agenda included a residential project at 312 Glendale, south of Jackson Avenue, which had been previously postponed a year ago at the planning commission’s July 16, 2013 meeting. That meeting had drawn about an hour of commentary from residents who raised concerns about the project, including increased flooding, the lack of pedestrian access, increased traffic and the loss of landmark trees. The site, owned by Jeffrey Starman, includes a former orchard.

Vacant houses at 312 Glendale. Nearby neighbors use the driveway as a cut-through to the west segment of Charlton Avenue. (Photos by The Chronicle.)

The project has been scaled back since then – but still drew considerably opposition. The plan now calls for removing two vacant single-family houses and building six duplexes, each with two two-bedroom condos. (The original proposal had been for eight duplexes.) Based on the size of the parcel and the site’s zoning – R4B (multi-family residential) – up to 39 units would be allowed by right.

Each unit would include two garage parking spaces, with 12 additional surface spaces on the site. That’s double the number of spaces required by zoning.

Sixteen of the 23 landmark trees would be removed, and 103 new trees would be planted. The developer has also agreed to make a voluntary $7,440 contribution to the city’s parks system. There are two areas on the north with steep slopes, which are considered natural features.

A public sidewalk would be built along Glendale. There would also be pedestrian connection between two buildings on the site, connecting the drive and the new public sidewalk on Glendale. Another sidewalk connection would be built between the end of the east/west portion of the drive and the Hillside Terrace property to the west.

There would be a new curbcut onto Glendale Drive, slightly north of the existing curbcut, which would be removed. A traffic study wasn’t done because the projected increase in traffic during peak hours wasn’t large enough to trigger that requirement.

Regarding stormwater management, the development agreement requires that the developer pay for disconnecting three footing drains from residences in the nearby neighborhood – or “an equivalent amount of sanitary flow removal.” On the site itself, the proposal called for stormwater facilities to be located on either side of the entrance driveway – an underground basin on the north, and a surface retention/detention pond on the south. The intent is for any stormwater runoff to be captured within the site, and not to affect the surrounding neighborhood.

Jill Thacher of the city’s planning staff gave all the staff reports at the July 1 meeting.

Planning staff recommended approval of this project. [.pdf of staff report]

By way of additional background, a year ago, both Ward 5 city council representatives attended the planning commission meeting when this project was brought forward. One of them – Chuck Warpehoski – was among the speakers at that public hearing. He was cut off at that meeting by commissioner Diane Giannola, who cited the commission’s bylaws: “A member of the City Council shall not be heard before the Commission as a petitioner, representative of a petitioner or as a party interested in a petition during the Council member’s term of office.” Warpehoski, who’d been unaware of that rule, stepped away from the podium.

The situation prompted additional discussion of that section of the bylaws, which were ultimately revised in an attempt to clarify the ability of councilmembers to address the commission, among other things. The planning commission approved a bylaws revision at its Feb. 20, 2014 meeting. The changes also require city council approval. However, the city attorney’s office held back the revisions and they have not yet been forwarded to the council.

At a July 8 working session, planning commissioners were provided with a new draft that had been developed by assistant city attorney Kevin McDonald. His changes focused on how to handle public hearings in general. [.pdf of McDonald's draft] It’s likely that the commission will reconsider these bylaws revisions later this summer.

Glendale Condos: Public Hearing

The public hearing drew 22 speakers – the project’s architect, and 21 residents who were opposed to the development. Issues that were raised were similar to those expressed a year ago, and included concerns about increased flooding and other stormwater problems, dangers of the proposed retention/detention pond, increased traffic, and a loss of landmark tress and green space.

No trespassing signs are posted in the former orchard.

In addition to commentary during the public hearing, the planning commission received several letters about the project, which were included in the online meeting packet.

Here’s a summary from the July 1 public hearing.

Vince Caruso introduced himself as the coordinating member for the Allen’s Creek Watershed Group. The neighbors have a lot of concerns, because the development would be on a de facto park, he said. He wondered if there’s a calculation comparing the amount of impervious surface in this new plan compared to the old one. There are major flooding issues on Glendale, he said.

Caruso said the developer, speaking at a public forum on the project, had to be directly challenged after making the statement that no stormwater would leave the site. The developer also hadn’t notified all residents of Hillside Terrace about the forum, Caruso said. His daughter worked there, and told him there’s a very active residents’ group.

The drive out of the site will result in cars shining lights directly into houses across the street, devaluing their property, Caruso continued.

Regarding stormwater management, he said the design hadn’t changed “but the labels have been swapped.” The retention/detention pond, which is 7 feet deep, is a hazard to the community and an eyesore. It’s an extreme solution and indicative of the fact that this is way too much development for the site, he said. These kinds of basins are notoriously under-managed, he added. In recent years, there was a drowning in a similar basin near Target, he said. In years to come, when the fence around the basin is in disrepair, he said, “children and pets will have access to a clear and present danger to the community.”

Caruso also said the models for flooding in the Allen’s Creek watershed aren’t very accurate, since they don’t reflect the stormwater problems in the Glendale area. When Hillside Terrace was build, residents in the Glendale neighborhood sued and eventually settled with the city for flooding damages. “I think that’s a fairly clear indication that there’s stormwater issues to be addressed,” he said.

Libby Hunter read aloud a letter from Charles Dunlop, who lives on Glendale Circle. [.pdf of Dunlop's letter] He opposed the project, having concerns about traffic and water run-off.

Diane Robins of Old Orchard Court told commissioners that several of her neighbors were also at the meeting. They lived just north of the proposed project. They had concerns about stormwater runoff, flooding and sewage overflow, which she said are already severe in the neighborhood. The development is likely to adversely affect downstream property owners, she said. They’re concerned that the development will damage the environment and neighborhood “beyond its already fragile state.”

Vince Caruso and Diane Robins.

To document these issues, the neighbors created a flood, stormwater and sewage survey, modeled after the city’s water survey. Results from the first survey were presented to the planning commission a year ago, she noted – on July 16, 2013. More recently, they did another survey and doubled the number of responses. About 135 surveys were distributed, with 70 responses – a response rate of over 50%. The vast majority of respondents had problems with water, she noted. Copies of this information were sent to commissioners. [.pdf of Robins' correspondence]

There’s extensive flooding in the neighborhood, Robins reported, and she hoped commissioners would take these concerns into consideration. She requested that the stormwater modeling and evaluation be completed by the city prior to further consideration of this development.

Ethel Potts also expressed concerns about stormwater issues, and described how the current trees, shrubs and lawn help contain the water on that site. The development would make most of the site impermeable, she said. Potts questioned whether the retention/detention pond was safe, even with a fence. She described other aspects of the project that she characterized as badly planned, and told commissioners they could not approve the development.

Kira Slovacek, another resident of Old Orchard Court, was also concerned about the threat to the health and safety of residents. The pond would be a breeding ground for mosquitoes, she said, and increases the risk of West Nile virus. Such ponds are also frequently described as an “attractive nuisance,” she noted, and given this one’s proximity to a public sidewalk, “the risks of exploration are even greater.” Drowning is the most serious risk, she said, especially in a neighborhood heavily populated with children. Fencing isn’t an effective solution, she added. As the mother of two small children, with another one on the way, Slovacek said she’s very concerned, and she wanted to know what additional safety measures will be taken.

Slovacek’s husband, Ian Hubert, spoke next. He referenced a handout that he’d given to commissioners. He’d also sent an email to commissioners prior to the meeting. [.pdf of Hubert's email] He said the proposed buildings are much larger than existing single-family homes, and don’t fit will with the neighborhood. Hubert also expressed concern about the proposed locations for snow storage, noting that melting snow would run down the hill or clog the retention/detention pond with debris.

Tom O’Connell told commissioners he’s lived on Orchard Street for 47 years. He expressed concerns about flooding in the neighborhood. He said he lived there when neighbors sued the city over the Hillside Terrace development. He wondered why the city would allow a retention pond in a residential neighborhood. The city should fix the existing flooding problem before starting a new problem with this development, he said.

Kathy Boris, a Charlton resident, asked about the detention apparatus and the retention/detention pond. The fact that this development requires so much stormwater management indicates to her that it’s too large for the site. There’s too much impervious surface in the site plan. She asked if the land would be graded so that stormwater would flow into the catch basins. She also wondered if the development agreement would stipulate what maintenance would be required for the stormwater system. She listed several types of maintenance that the EPA recommended for such systems. Is there a legal mechanism to ensure that this maintenance occurs? Who’ll be held accountable if the system fails?

Josh Greenberg opposed the Glendale development.

Another Charlton residents, Kris Kaul, said she also has a rental property at the corner of Abbott and Glendale – directly across from the proposed development. The neighborhood feels very quiet and enclosed, and not a place that would support this development. Her main concerns were traffic and stormwater. Right now, it’s very difficult trying to turn left onto Jackson from Glendale, she said. Adding possibly 24 more cars will only increase the problem. It’ll make the quality of life there much worse. She was also concerned about the retention/detention pond. “It’s just a matter of time before a pet drowns in that retention pond,” she said.

Josh Greenberg lives on Glendale, and said he moved to the neighborhood because it’s very quaint with beautiful trees that have been there for decades or even a century. This project will change the neighborhood and he didn’t know if the development was worth it.

Sandra Berman of Glendale Circle thought that one of Ann Arbor’s goals is to create green spaces. There’s a beautiful orchard there now. She walks past there and sees children playing in the orchard, neighbors talking to each other – but now a condo development is proposed, despite the concerns. “My question is why would we do it?” she asked. Maybe there are financial reasons, but “that’s really not what our town is about,” she said.

Priscilla Parker, another Charlton resident, said she carefully reviewed the city’s master plan land use element section, and it’s clear that this development doesn’t meet two of the goals. Goal A is “to ensure that development projects are designed and constructed in a way that preserves or enhances the integrity of natural systems.” But this project will destroy natural systems, she said. Goal D is “to support the continued viability, health and safety of City residential neighborhoods.” Parker noted that there are serious issues regarding the retention/detention pond. She said everyone pays taxes for green space inside the city, and 312 Glendale is the perfect place to do that. She asked anyone who opposed the project to stand up – almost everyone in council chambers did.

Kira Slovacek.

Several other residents spoke against the project, including Melissa Whitney, Mary Cronin, and Andrea Pertosa. They raised similar objections and concerns about the retention/detention pond, flooding, traffic, impervious surface, and the elimination of green space. Gretchen Hahn read a letter from Rita Mitchell, who advocated that the city use funds from the open space and parkland preservation millage to buy the land for a park and green infrastructure. Susan Cybulski agreed with other speakers, and expressed concern that residents of Hillside Terrace – many who are elderly and infirm – couldn’t attend this meeting so that their voices can be heard.

Steve Thorpe thought developers should foot the bill for sending out notices. He also noted that when he was chair of the planning commission several years ago, he allowed people to applaud – it was a discretionary matter, “and the city didn’t come to a grinding halt.” Thorpe then spent the remainder of his speaking turn applauding, and was joined by others in the room. [Thorpe was responding to a request by the current chair, Kirk Westphal, not to applaud speakers during the public hearing.]

Ed Vielmetti said he wasn’t directly affected by this project, except to the extent “that we’re all citizens of Ann Arbor and we’re all affected by everything that goes on.” He talked about sump pumps in residences throughout Ann Arbor, and problems related to them. Because of the city’s footing drain disconnect program, the risk of sump pump failure is put on the residents to mitigate. “There’s no Internet of sump pumps in this town, and maybe there should be.” The city might be able to do something to help citizens manage stormwater issues in some way, especially in cases where it’s being made worse by new development, he said.

Lynn Borset spoke on behalf of the Virginia Park neighborhood. She referred to a communication she’d sent to commissioners last year, titled “Speaking for the Trees.” The information is still relevant, she said. [.pdf of Borset's 2013 email] Borset noted that the city forester also has noted concerns about the impact of construction on this site. She also wondered why there wasn’t a vehicle connection between Hillside Terrace and the proposed development.

Lynn Borset raised several objections to the project.

Other concerns related to density, open space and the retention/detention pond. She had raised some of these issues in a recent email. [.pdf of Borset's 2014 email] The development is over-capacity for this site, she said.

Gus Teschke pointed out that the development will include dumpsters, even though there are no other places with dumpsters in the neighborhood. It doesn’t align with community standards, he said. He questioned whether the site would meet the county requirements for containing stormwater. Teschke also noted that the local chapter of the Sierra Club is opposing the project. [.pdf of Sierra Club letter]

The final speaker was Scott Bowers, the project’s architect. They haven’t taken the neighbors’ comments lightly, he said. There have been several iterations of this plan. The project has been scaled back, he noted, and they’d designed the stormwater management system based on direction from the county water resources commissioner. “This is what they told us we needed to do,” he said. He explained how the retention/detention pond worked, saying it was the best spot to be located. Maintenance would be the responsibility of the condo association. There is additional parking on the site, compared to the previous plan, in response to neighborhood concerns about parking on the streets, he said. Two buildings had been eliminated to protect the natural feature of the steep slope and vegetation on the north side.

Bowers said they’ve gone to great lengths to preserve the existing trees as well as they can, and they’re grading the site so that stormwater will drain into catch basins. He noted that the buildings are duplexes, and that there are duplexes in the neighborhood already. The initial plan had called for four-plex units, he said.

Glendale Condos: Commission Discussion

Commissioners discussed this project for about 90 minutes and covered a range of issues, including stormwater management, traffic, open space, and design. Kirk Westphal, the commission’s chair, said that commissioners aren’t unsympathetic to issues connected with this project, but their charge is to look at developments with regard to the city’s code and master plan. So while the site is pastoral and hasn’t been developed, it’s private property, he noted. “It’s not really in our purview to decide whether this should be a park or not, or whether the private property owner should develop it or not.”

This report organizes the commission’s discussion thematically.

Glendale Condos: Commission Discussion – Stormwater, Flooding

Diane Giannola asked how long water would remain in the retention/detention pond. Jill Thacher of the city’s planning staff replied that it would depend on the size of the storm. Giannola wondered whether there would constantly be standing water – because that would determine whether mosquitoes would breed there.

Kirk Westphal.

Paras Parekh asked how common it is for ponds to be used in developments like this. Wendy Rampson, the city’s planning manager, explained that most recently within the downtown, most of the stormwater detention for developments has been below ground. But when land is available on a site, most of the post-1970s development – both residential and non-residential – has incorporated detention ponds. Sometimes the ponds have water, like those around Briarwood mall. A lot of times the ponds are dry, and simply appear as depressions within a development, she explained.

Parekh noted that the Glendale Condos site uses both underground detention as well as the pond. Was there a reason why it couldn’t all be handled below grade? Rampson replied that she thought it was because this site’s design is constrained by the steep slope.

Ken Clein asked if the soils are suitable for infiltration. Thacher said that was part of the county water resources commissioner’s review, and they determined that the soils were suitable. Clein wondered if there’d be any discussion about using more below-ground infiltration in the stormwater system, rather than a retention/detention pond. Rampson noted that the county water resources commissioner has jurisdiction over these issues. That’s why the planning staff isn’t able to answer questions in the same level of detail as they can on other issues, she explained. The county has jurisdiction because the stormwater system will be shared among several units within the site.

Wendy Woods asked for an explanation of the difference between retention and detention. Rampson explained that for detention, a pond is designed to hold water in a large storm. Water flows into the pond, then gradually goes into an underground pipe system. The idea is to hold it on the site as long as possible, so that all the water doesn’t feed into the city’s stormwater system at the same time.

A retention pond, in contrast, keeps water for a longer period while it infiltrates and evaporates. Examples are at Briarwood mall or large residential complexes, like Traver Lakes or Geddes Lakes. In some cases, detention ponds are attached to retention ponds, Rampson noted.

Aerial view of 312 Glendale.

Jeremy Peters asked if there was any oversight for maintenance. Thacher replied that the development agreement includes requirements for construction and management of the stormwater management. The responsibility will be assigned to the condo owners, with annual inspections to be conducted by a professional engineer. Written copies of those inspections must be provided to the city’s public services staff.

Kirk Westphal asked who would neighbors call if there are problems with the system? Thacher said they could call public services staff at city hall. He asked if there is any redress for the community, if something goes wrong. Thacher said that if the pond fails, the development agreement states that the city can force the owners to repair it, or put liens on the property for work that the city does.

Westphal then asked who should be contacted if someone has concerns about existing requirements for stormwater management – such as the open retention/detention pond. Rampson replied that the Washtenaw County office of the water resources commissioner sets the rules that the city uses. Possible revisions to those rules will be discussed by the county board later this year. [The position of water resources commissioner is an elected countywide post with a four-year term. The current water resources commissioner is Evan Pratt, who served on the Ann Arbor planning commission before his 2012 election.]

Responding to another query from Westphal, Thacher explained that this project’s stormwater standards are slightly stricter, because of the neighborhood issues. That’s why there can’t be any net increase of water leaving the site, which required a beefed-up stormwater system. “They’ve taken the neighborhood concerns very seriously, and made the developers put in extra precautionary measures because of that,” she said.

Rampson noted that much of that neighborhood was developed prior to the existing stormwater management requirements. So on most residential sites, the water runs off impervious surfaces and flows downstream. More modern development must meet requirements to manage the stormwater on-site, so that the new impervious surface doesn’t increase the runoff.

Architect Scott Bowers.

Sabra Briere asked whether the runoff from Hillside Terrace that flows onto the Glendale Condos site will be retained or detained. Architect Scott Bowers stated that the stormwater management system captures everything that come onto the site. The pond is open because it allows the water to evaporate or be sucked up by vegetation or percolate into the ground. That handles the water faster than simply an underground percolation system, he said. The system also has a mechanism that releases water into the city’s stormwater system at the “pre-development rate,” he said.

Responding to a follow-up question from Briere, Bowers said that all the runoff from roofs, sidewalks and other impervious surface enters the site’s retention/detention system through a stormwater piping system. Those are either catch basins in the roadway, or swales that lead to the retention/detention pond. All the downspouts are connected into this system directly or through swales.

Woods wanted to know the dimensions of the retention/detention pond. Bowers replied that it’s about 78 feet by 78 feet, and about 7 feet deep at its lowest point. Woods asked whether those dimensions were required by the county water resources staff. Bowers said the development team figured out the volume and provided that information to the water resources staff, and the development team’s engineers calculated the size of the pond that would be needed to deal with that volume.

Woods said she couldn’t get past the concerns about safety related to this pond. She pointed to a goal in the city’s master plan “to support the continued viability, health and safety of City residential neighborhoods.” A pond with those dimensions is a safety concern, she said – how would that be mitigated?

Bowers replied that there will be a six-foot security fence around the entire pond, with a locked gate. “Again, this was directed by Washtenaw water resources. This was a mandate for us to do this,” he said.

Woods imagined that children would be attracted to the water and fence, and climbing over it. She didn’t think she could overcome the concern, and didn’t think she’d support this project. “For me, it really is a hurdle.”

Giannola asked if it would be an actual pond, or whether it will be a grassy area in general that holds water only after a storm. Bowers indicated that the retention part of the pond will likely hold some water most of the time, until it percolates or evaporates. “It will constantly go up and down, depending on the weather,” Bowers said.

Ken Clein.

Clein questioned whether the water resources commissioner actually mandated the design. In his experience, that office typically tells a developer what the design must accomplish, but they don’t mandate a particular design.

Bowers replied that for this project, a year ago the planning commission sent the development team back to talk with the county water resources staff. Originally, all of the detention was underground, he said. But after talking with Evan Pratt and his staff, this design emerged – to hold the water while it either percolates or evaporates. The developer, Bowers said, was told to hold all water on the site – aside from the volume of water that leached off the site pre-development. It’s a very expensive system, he added. “This wasn’t something that we really chose to do, but this is where we were directed.”

Clein said that in his experience, open systems are typically less expensive than underground systems. Bowers replied that this site is doing both, because the project is being held to higher standards. “We’re off the charts on what we’re doing – this isn’t normal,” Bowers said. They even eliminated two dwelling units to be able to do this, he added.

Clein said he wasn’t comfortable moving forward with the petition, without getting further clarification from the water resources commissioner.

Susan Bowers, who’s also working on this project, said that Pratt and other county and city officials had held a closed meeting that the project’s civil engineers were not allowed to attend. That group decided that the project needed additional stormwater management, she said.

Clein pointed out that the city hall property also retained all of the water that fell on the site, but it’s all handled underground. [Clein is a principal with Quinn Evans Architects, which designed the city hall renovation.] He said he could imagine that the county water resources staff indicated that a pond would be the cheapest and easiest way to handle the additional stormwater capacity.

Wendy Woods.

The open pond approach is done elsewhere, Clein acknowledged, but considering that it’s a development that needs to fit into the neighborhood, it’s different from a pond in a commercial area like South State or South Industrial. “It is inconsistent with the fabric of the neighborhood to have a detention pond there,” Clein said – no matter how nice the fence looks. So he wanted to get more information about whether it was mandated by the water resources commissioner or just a suggestion.

Bonnie Bona clarified with Bowers that a security fence is required because of the pond’s depth and slope. She assumed that if there was more space on the site, the pond would be shallower and wouldn’t need a fence.

Clein said it wouldn’t be fair to reject the project because of something that the developer was mandated to do. On the other hand, if there was a misunderstanding and there are alternative ways to design it, then the planning commission should know that, he said.

Responding to a query from Westphal, Wendy Rampson said the commission could ask the water resources commissioner for documentation about the county’s decision-making process. Rampson wondered whether it would be more direct to ask the water resources staff if an underground system would be acceptable. Clein said that would be a good follow-up question.

Rampson clarified for Westphal that the city’s stormwater requirements, in Chapter 63 of the city code, state that projects must meet the standards of the Washtenaw County water resources commissioner. If a project meets code, essentially the city is obligated to approve it, she said.

Woods responded, saying that even if a project is meeting code, if there are concerns about health and safety, then the planning commission – as an advisory group – needs to make its own determination about that. It would ultimately be up to the city council to decide, she said.

From left: Diane Giannola and Bonnie Bona.

Jeremy Peters asked if it would be theoretically possible to design a stormwater system that’s entirely underground and still meet the county’s requirements. Yes, Scott Bowers replied – though it takes more land mass, because it would need to hold more water. The water only percolates underground – it doesn’t evaporate, so it stays in the detention system longer than an above-ground pond.

Briere asked if it’s possible to put the detention system underneath the site’s internal streets. Yes, Bowers said. For large commercial projects, such systems are sometimes located under parking lots and drives.

Responding to a query from Giannola, Bowers said the system needs to be in that front corner because of the grade changes and slopes on the site – it can’t be placed in one of the higher elevations.

Giannola said she wasn’t afraid of these retention ponds. They’re ugly, she added, but she didn’t think they were dangerous. Most of the ponds she’s seen in her neighborhood, tied to commercial developments, aren’t full of water.

Bona asked what kind of contaminants would fill the retention/detention pond – and ultimately end up in the sediment. Bowers replied that sediment would include debris, sand, dirt, and petroleum from cars. Bona replied that if people didn’t want contaminant to collect, they should probably not fertilize their lawns and not drive cars. But people do drive cars, she added, so the good news is that the contaminants are being collected and not sent to the Huron River. She asked how often the sediment would get cleaned out. Bowers replied that in this case, the system will be checked annually, and cleaned out as needed.

Glendale Condos: Commission Discussion – Streets, Parking Pedestrian Issues

Sabra Briere clarified with staff that the streets inside the development would be private, not public. The developer is responsible for snow removal. Eleanore Adenekan asked where snow would be stored. Jill Thacher replied that one location is at the top of a hill, with another spot near the pond.

Eleanore Adenekan.

Briere noted that snow storage on the northeast side of the site is by a slope down to the public sidewalk. She wondered how the complex would deal with melted water, “because that new sidewalk should not get icy.” Scott Bowers acknowledged that it’s an issue, and said they could look at other areas of the site to designate for snow storage. Or they could eliminate some surface parking and put the snow in those spots, he said. They’d like to put it by the retention/detention pond, because it would then melt into the pond.

Responding to a query from Ken Clein, Thacher reported that the site plan was reviewed by the fire marshal, and the site is required to include a turnaround area for emergency vehicles. Permeable pavers will be used for that area, she noted.

Clein observed that the city requires 18 parking spaces for this size development, but the site plan includes 36 parking spaces. He wondered if the additional spaces are in response to community feedback. Thacher said she believed that was the case, because of concerns raised about overflow parking on Glendale. Clein noted that additional parking means more impervious surfaces, which in turn leads to more stormwater issues. “These things are tied together,” he said.

Briere noted that a year ago when this project was being considered by the planning commission, one of the issues was the location of the new drive into the site. Commissioners had talked about aligning the drive with Charlton, so that headlights from cars exiting the complex wouldn’t shine into houses across the way. She wondered why that alignment didn’t happen.

Architect Scott Bowers replied that there were issues with grading, and how to configure buildings on the site. That southeast corner has been difficult, he said. That’s where the detention system and retention pond will be located.

Adenekan asked whether there could be a traffic light at the intersection of Glendale and Jackson. Jerry Spears, one of the project’s developers, said they’d be willing to consider that.

Paras Parekh wondered how many parking spots were in the original plan. There were eight surface spaces in that plan, replied Susan Bowers, one of the project’s architects.

Susan Bowers, Jill Thacher

Parekh asked how many parking spaces per dwelling were in the original plan, noting that there are now three per unit – a total of 36 spaces. Scott Bowers replied that there were 24 spaces originally – eight surface spaces, and two for each of the eight dwelling units. Parekh asked if they’d consider reducing the number of surface spots to eight again, to decrease the amount of impervious surface – and potentially decreasing the cost of the stormwater management. Bowers replied they’d like to have some spaces for guest parking.

Bona also supported reducing the surface spaces. She noted that realistically, there are two spaces available in each driveway – though those aren’t counted in the total, for site plan purposes. Bowers explained that only three of the buildings have driveways with sufficient depth to allow two parked cars.

Clein asked about the retaining wall along the sidewalk. At its highest point, the wall is five feet tall, Scott Bowers said. It will be a masonry wall.

Glendale Condos: Commission Discussion – Trash, Recycling

Responding to a query from Briere, Thacher explained that dumpsters will be located at each end of the private drive “stubs.” There will be bins for recycling and solid waste. She wasn’t sure how composting would be handled.

Bona asked how the site would accommodate recyclables. Susan Bowers, an architect with the project, replied that recycling bins are located next to the dumpsters. The city’s solid waste staff told the developers that they needed 300-gallon containers.

Glendale Condos: Commission Discussion – Trees

Clein asked about the root zone of one of the landmark trees, and whether it would be impacted by the development – a point raised during the public hearing. Thacher replied that the city forester, Kerry Gray, had extensive discussions about that tree and others, and had ultimately signed off on the plan. The goal was to keep as many of the landmark trees as possible.

Bona asked what kinds of trees will be added. Susan Bowers listed several varieties, including Allegany serviceberry, balsam fir, American hornbeam, Dawyck beech, Princeton Sentry ginkgo and others. Bowers noted that the trees are being planted according to the city’s requirements.

Glendale Condos: Commission Discussion – Density, Open Space

Bona noted that only 12 units are proposed, but the zoning allows for up to 39 units for a parcel that size. She reviewed the density allowed for adjacent zoning districts. The Glendale Condo site and Hillside Terrace have the same zoning. She pointed out that the project is proposing about half of the allowable density.

Developer Jerry Spears.

Responding to a query from Bona, Thacher explained that in calculating the percentage of open space on a site, the elements that aren’t considered open space are all the structures, drives, and parking spaces. Sidewalks count as open space, as does the retention/detention pond.

Peters asked if the property has ever been a public park. No, Thacher said. It was annexed into the city in 1987, but not zoned until 1994. It was zoned R4B as part of a proposed expansion of Hillside Terrace. That project wasn’t constructed and the site plan for it expired in 1999. It’s been in private hands, she said.

Bona noted that the original condo proposal presented a year ago called for eight buildings, and now there are six. The zoning allows for a building height of 35 feet, but the proposed buildings are only 17.5 feet tall. She asked whether they’d considered making a couple of two-story buildings and eliminating another building, so that there would be more open area to work with for stormwater management.

Scott Bowers said they looked at that option, but it wasn’t favorable to the developers.

Bona said she didn’t have a problem with more density than what is proposed. The current proposal is less dense than the surrounding neighborhood, she noted. She pointed out that if there are fewer buildings, there will be less impervious surface.

“Land is scarce and precious in this community, and to put a few big units on a large lot of land is contrary to the way I think about Ann Arbor,” Bona said.

Bona told Bowers that she’d love it if the units were much smaller, “but we haven’t enacted that ordinance revision yet – I’ll work on it.”

Bona said she’d like Bowers or the developer to consider making some of the units taller, and possibly eliminating a building. She said she appreciated the financial and marketing balance that’s at play. But she hoped the developer would “at least take a shot at that.”

Sabra Briere (left) talked with Diane Robins (standing) and other residents during a break in the July 1 planning commission meeting.

Scott Bowers replied that the project’s first design was for four buildings, each with four smaller, two-story townhomes. Neighbors didn’t like it at all, he said. Bona noted that to be fair to the neighbors, the site feels like a park – they wouldn’t have liked it even if just two houses were being added, she said. “All I’m asking is just to open your mind and reconsider.”

Giannola said she liked how the buildings look. The ranch houses with garages are a style that Ann Arbor doesn’t have much of. But townhouses would also be great, she said. To her, the project actually fits into the neighborhood.

Later in the meeting, Jerry Spears – one of the project’s developers – responded to some of the issues that had been raised. He noted that this has been a two-year effort so far. The density has been decreased, and now it’s a very low-density project, he said. The engineers on the project have said that they’ve never developed such an extensive stormwater system for such a small development. Spears said he’s built many projects in Ann Arbor, and takes a lot of pride in them.

“These are not monstrous individual spaces,” he said, referring to the size of the units. “I don’t know how I could make them any smaller. I tried to make it taller – they [the neighbors] said it was too tall. I tried to make it denser – they said it was too dense.” The project has come full circle, he said, and he recommended that the planning commission vote on it that night. He said the project meets every county requirement, “so that’s my position.”

Glendale Condos: Commission Discussion – Postponement

Kirk Westphal, the commission’s chair, said he understood the developer’s request to take a vote on the project that night, but it was still up to the commission as to whether they want to do that. Because the retention/detention system is unusual for a neighborhood like this, Westphal was in favor of getting more information about what other options are available. Westphal said he understood the concerns that have been raised – because he has small children, too.

Wendy Rampson.

Wendy Woods said she wanted to make sure her decision is based on the correct information. She moved to postpone the item, so that planning staff can get more information from the water resources commissioner.

Sabra Briere wanted to make certain that the planning commission gets a clear understanding of the options that the developer can choose from. The proposed stormwater management system works, but several commissioners aren’t happy with this solution, she noted. “We find a 7-foot-deep pond not a positive, in a residential neighborhood,” she said. “So if other things would work, it would be good to know that too.”

Ken Clein supported the motion to postpone. He had little doubt that the proposed system meets code. But he wasn’t sure it was the most appropriate solution for this location. He had no problem with the density and general layout of the site. The big issue for him is the retention/detention pond and security fence, and whether that’s appropriate for this neighborhood. He wanted to clarify whether the water resources commissioner had mandated this design, or whether an underground system would be an option.

Bonnie Bona said she typically didn’t support postponement unless the developer was willing to reconsider aspects of the plan. But in this case, if the planning commission voted that night, she thought they’d just be passing the buck to city council. While there might be a technical adherence to the code, Bona thought that Woods’ comments about the public’s health and safety is relevant. So she’d prefer to postpone and get the developer to take one more look at this proposal.

Bona also said she sympathized with the developers for responding to neighborhood concerns “almost to their own detriment.” All of the vacant sites that are close to downtown are difficult sites to develop, she said, so there’s no easy solution.

Paras Parekh also supported postponement. In addition to the stormwater issues, he’d like the developers to consider reducing the number of surface parking spots.

Westphal said that occasionally, a mismatch emerges between a project and the city’s code or master plan. In this case, it’s further complicated because the regulations in play – regarding stormwater management – are set by a body that supersedes the city’s jurisdiction. He supported postponement, but it gave him pause that they aren’t following the recommendations of the county water resources commissioner, who had signed off on the stormwater aspects of this project. “Hopefully we’re OK with the consequences of that,” he said.

Paras Parekh, Sabra Briere.

Jeremy Peters said he didn’t think the planning commission was not following the recommendation of the water resources commissioner. Rather, they’re just interested in seeing what all the options are for this project – especially since the depth of the proposed pond is a widely held concern. It’s definitely within the planning commission’s purview, he said, and appropriate to ask about other possible solutions.

Eleanore Adenekan asked if the postponement would be for a certain date. Wendy Rampson, the city’s planning manager, said the planning staff would try to get the requested information as quickly as they could.

Diane Giannola stressed that the commission should be very clear about the information that they want, and that it should relate to this specific site. There are tradeoffs, she said. If people want low density, it might have to include a pond in the front. The question is whether this is the only stormwater detention system that works, she said.

Outcome: Commissioners unanimously voted to postpone the project.

Glendale Condos: Coda

At a July 8 working session, planning manager Wendy Rampson indicated that when the project is brought back to the planning commission it will incorporate a revised stormwater management system.

The Mark Condos

After being postponed by Ann Arbor planning commissioners in May, a site plan for new condominiums on West Liberty Street was back on the July 1 agenda.

The proposal from developer Alex de Parry is to demolish an existing car wash at 318 W. Liberty and build a three-story, 11,910-square-foot structure with seven residential condominiums – five two-bedroom and two three-bedroom units. Each condo would have its own two-car tandem garage for a total of 14 parking spaces, although no parking is required.

Rendering of Mark Condominium proposal, as viewed from West Liberty next to the former Moveable Feast building.

The 0.25-acre lot, on the north side of Liberty, is east of the historic Peter Brehme house at 326 W. Liberty – where the Moveable Feast restaurant was located several years ago. On the other side is a city-owned parcel that’s now used as a surface parking lot, connected to 415 W. Washington.

The site is located in the Old West Side historic district. The historic district commission issued a certificate of appropriateness for the project on March 13, 2014. It’s located in Ward 5 and is zoned D2 (downtown interface).

The project would require two footing drain disconnects on other properties or the equivalent mitigation, according to a planning staff report. [.pdf of staff report]

In May, De Parry was told that the existing six-inch water main in West Liberty Street would need to be upsized to a 12-inch water main. The city staff told him that the six-inch main wouldn’t have the capacity to handle the additional development, in particular the building’s fire-suppression system. That was the reason for postponement at the planning commission’s May 20, 2014 meeting.

At that time, De Parry told commissioners that the development team had just been informed about the issue, and they were analyzing the budget impact and alternatives that they might pursue.

The current agreement is for De Parry to pay for installation of an eight-inch water main, rather than the 12-inch water main.

The Mark Condos: Public Hearing

During the public hearing on July 1, four people spoke – three of them with concerns about the project.

Vince Caruso.

Vince Caruso introduced himself as the coordinating member for the Allen’s Creek Watershed Group. He noticed that the packet of material for this project doesn’t mention the floodplain, but the parcel is actually in the floodplain in the back corner, he said. Caruso urged caution with this development. There are several new developments in and around the Allen’s Creek watershed. He noted that the first plan for the homeless shelter on West Huron had to be scrapped because it was shown to be in the floodway, which would have been illegal, he said. It cost about $1 million to modify the plan. Even then, he added, they violated many city regulations that they initial said they’d meet. The shelter is built right up to the edge of the floodway, and is still in the floodplain, he said.

The city has received a letter of map revision (LOMR) from the Federal Emergency Management Agency (FEMA) regarding an area very close to The Mark project, Caruso reported, for an area that includes the YMCA site, 415 W. Washington and the homeless shelter. The revision raised the floodplain 33%, he said. The affordable housing project on North Main was also scrapped because of floodplain miscalculations, he contended. The Allen’s Creek Watershed Group is hoping to do a study that would provide better information about flood hazard issues. He described several initiatives that the group is involved with, saying “we can make big changes, but we need to make sure we don’t put people in harm’s way.” People have drowned in Ohio in recent years trying to get their cars out of buildings that were in the floodplain or very close to it, he said. People might not realize they’re moving into a structure that’s so close to the floodplain, he noted. The issue needs more study, he concluded.

Lynn Borset told commissioners that she hadn’t realized this project was on the agenda and she wasn’t planning to speak. But aesthetically, she thought it was a shame that this apartment building will be taller than adjacent historic building, and “will not have anything to recommend it, in terms of the exterior design.”

Brad Moore, the project’s architect, noted that the civil engineer for this development was available to answer questions. The floodplain is below the level of the garages, and all of the living space is above the garages. The entrances to the living space are on the west side of the building, a level above the garages. Even if there were some adjustments to the existing floodplain boundary, there wouldn’t be a problem, Moore indicated. The developer’s team has worked closely with Jerry Hancock, the city’s stormwater and floodplain program coordinator, he said. There wouldn’t be water on the site even with a 100-year storm event, he added, so that issue had been addressed adequately.

Architect Brad Moore showing plans for The Mark condominiums on West Liberty.

In terms of aesthetics, Moore described the design as a long negotiation process with the city’s historic district commission, which has jurisdiction over design issues and placement of the building. He noted that the HDC had given approval to the project, and at those meetings, Moore said the president and vice president of Old West Side association had spoken in favor of the project. He hoped that planning commissioners would also vote in favor of it.

Steve Thorpe supported what Caruso had said. If any portion of the site is within the floodplain, the city has a legal obligation to address it, he said. He’d noticed that the staff report had included excerpts of goals from the city’s downtown plan. But he thought two of the goals that were cited weren’t compatible with this development. One of the goals was to “encourage a diversity of new downtown housing opportunities,” but Thorpe expressed skepticism that The Mark’s units would be affordable for median income families or individuals. “When is this gonna stop?” he asked. More high-end residences downtown are being built, and it seems like that’s changing the city’s character, at least in the downtown core, he said. He thought one of the objectives of the downtown plan is to emphasize diversity.

Thorpe also pointed to this goal cited in the staff report, excerpted from the downtown plan: “Protect the livability of residentially zoned neighborhoods adjacent to downtown.” He’s been a resident of one of these neighborhoods for 30 years, and there are traffic and parking issues that are directly related to downtown development, he said. Also, property taxes are going up because property values are going up – and downtown development might be contributing to that, he contended.

Thorpe said he walked by the site recently, and the developer’s sign had some graffiti on it that said something like “More yuppified housing for Ann Arbor.” To him, that said a lot. “I just think at some point we’ve got to put the brakes on this and try to rectify the imbalance that’s taking place,” he concluded.

The Mark Condos: Commission Discussion

Commissioners discussed a range of issues, including the floodplain and stormwater management, traffic, design, and aspects related to the Old West Side historic district. This report organizes the discussion thematically.

The Mark Condos: Commission Discussion – Floodplain, Stormwater

Ken Clein began the discussion by asking about the floodplain issues that had been raised during the public hearing. City planner Jill Thacher described the floodplain as located in a small area in the rear corner, in the northeast portion of the site. She noted that no development is proposed in that corner.

Alex de Parry.

Clein clarified with Thacher that even if a portion of the site is in the floodplain, there’s no prohibition to building on the site. You just can’t build residential or inhabitable space within a certain distance of the floodplain. That’s the reason this development’s building won’t be in that part of the site, Thacher said.

At Clein’s request, architect Brad Moore showed the commission drawings of the buildings in relation to the floodplain. There’s no habitable space on the lower level, Moore noted – just garages, bike parking and trash bins.

When Clein observed that he only saw stairs on the architect’s drawings for two units, Moore explained that the other units will have private elevators – operated by hydraulic lifts. Only the north and south units will access the garage via stairs.

Bonnie Bona said it was important to explain to the public the differences between floodway and floodplain. A floodway is where water “moves like a river” during a flood, she said. A floodplain is the area where water backs up. Even if the floodplain cut through the middle of the site, she noted, you could still build residential units there – they would just need to be elevated above the floodplain.

Bona asked Moore to explain how the floodplain line was determined. Kathy Keineth of Perimeter Engineering came to the podium – she’s the project’s civil engineer, and described how the analysis was conducted using computer models.

Jeremy Peters.

Bona then asked what the project will do to mitigate the risk of flooding – not just for this site, but for the rest of the city. Moore replied that currently, the site has no stormwater management and water just sheets off the pavement. For the condo project, there will be a detention system so that all stormwater falling on the site will be contained there and allowed to infiltrate.

Sabra Briere asked staff about the footing drain disconnects, saying that there’s been a lot of discussion about that program. “Are we helping developers find alternatives to the developer offset mitigation program?” she asked.

Thacher replied that the program continues to operate. Briere indicated that she knew it was still operating, but also that it’s under review.

Planning manager Wendy Rampson noted that the residential footing drain disconnect program is under review, and “there’s been a lot of discussion on the developer side of the equation.” Staff have been meeting almost weekly for the past few weeks, she said. In the development agreements, the staff is trying to leave the language flexible and to refer to sanitary sewer mitigation, Rampson explained, adding that “it may or may not be footing drains.” The staff is also trying to identify some multi-family buildings that could be disconnected, rather than performing work on individual homes.

The Mark Condos: Commission Discussion – Landscaping

Bona noted that aside from the public land that abuts the site, the other adjacent parcels were zoned D2 – so there was no requirement for landscaping buffers. She asked about the plans for landscaping, adding “I hope it’s not lawn.” Kathy Keineth of Perimeter Engineering reported that two street trees will be planted in front, with some landscaping closer to the building. A series of terraced walls will be located in front, and an existing retaining wall on the west side will be removed.

The Mark Condos: Commission Discussion – Historic District Commission

Bonnie Bona confirmed with the developer’s team that they didn’t go through the city’s design review process. Architect Brad Moore said that if a project requires approval from the historic district commission, it’s not required to go to the design review board. He noted that compliance with the design review board is voluntary, but a developer must comply with the HDC recommendations – or the HDC won’t issue a certificate of appropriateness.

Jeremy Peters asked about the guidelines for new buildings within an historic district. He said aesthetics weren’t in the planning commission’s purview, but he knew there are guidelines for historic districts. Jill Thacher replied that the Secretary of the Interior’s standards are the guiding principles for the HDC. Summarizing, she said, the HDC is looking for new construction that’s compatible with the district – in terms of height, massing and materials – that doesn’t overwhelm or detract from the district’s historic structures.

Bonnie Bona.

In this case, Thacher said, the height of the building was one issue, but the biggest issue for the HDC was the front setback. The zoning requirement is for a 15-foot setback, but the HDC pushed for a larger setback of about 30 feet. The point was to set back the building so that the new construction didn’t completely obscure the historic house to the west, she said. One of the HDC’s charges is to preserve viewsheds, she noted.

In terms of design, new buildings are supposed to look “of their time,” Thacher explained, and should not try to mimic something that was built a long time ago.

Ken Clein said the design had done an admirable job in finding a nice moderation between modern and historic. Pushing it back off the street helps make the new building feel more in context with the neighborhood, he said.

Clein clarified with Moore that mechanicals will likely be small rooftop units, but Moore noted that the mechanical design hasn’t been completed. Clein also asked about the exterior building materials. Moore explained that there will be traditional glazed windows, some ironwork, brick and some smooth panels that are similar to a hardiepanel. The accents around the windows and copings would match the ironwork, he said. Responding to a query from Clein, Moore said the brick will be four-inch and one-inch veneers, depending on where it’s located. He stressed that there will be no visual difference between the different types of brick.

Bona said it would have been nice if Moore had considered using some other lightweight material, rather than a thin brick veneer. She said perhaps the HDC could be more critical of that in the future. Moore replied that the design originally didn’t include that brick, but the HDC requested that they add it. Bona quipped: “I guess ‘of our time’ means playing tricks.”

The Mark Condos: Commission Discussion – Diversity of Housing

Bona addressed the comments made by Steve Thorpe during the public hearing, about the master plan’s goals for increasing housing diversity. That’s something that the planning commission is continuously challenged with, she said – trying to put something affordable on high-valued property is difficult. The city’s zoning code currently includes a premium that developers can earn, getting more floor area if they provide affordable housing in their development. But that premium isn’t being used, Bona noted.

So the commission is working on how to create incentives for getting more affordable housing throughout the city, she said, including downtown. “The current premium mechanism we have in place just is not working.” She noted that the commission would completely agree about the need for more diversity, but it can’t always happen on site – especially on smaller sites, like the one for The Mark condos.

Regarding Thorpe’s comments that development is raising property values and creating hardships for people paying higher property taxes, Bona pointed out that recently the planning commission heard from residents who were concerned about an action that they thought might lower property values. She hoped that values wouldn’t move in either direction very quickly.

The Mark Condos: Commission Discussion – Traffic

Bona also disputed Thorpe’s claim that more density causes more traffic problems. “Denser housing tends to produce less traffic – most of the studies are saying that,” she said. The traffic issues downtown are more likely related to the attractiveness of Ann Arbor for people who live outside the city, she said. Personally, she thought that downtown development was helping improve the traffic situation.

Wendy Woods wanted to know what will happen to traffic on West Liberty when the new water main is installed. Kathy Keineth of Perimeter Engineering said they haven’t yet designed the water main. That will happen after the city approves the site plan, she said. The tentative plan is to install the water main about 3 to 5 feet behind the curb, then just abandon the old water main that’s located under West Liberty. However, that plan hasn’t been cleared with city staff yet, Keineth said. The goal is to minimize work on West Liberty, so the intent is to keep at least one lane open. Brad Moore clarified that the work would only take a few days at most.

Outcome: The project was unanimously recommended for approval. It will be forwarded to the city council for consideration.

Delta Chi Fraternity

Planning commissioners considered a proposal to tear down the existing Delta Chi fraternity house on Hill Street and build a much larger structure in its place.

The Delta Chi fraternity house at 1705 Hill St. was built in 1915, designed by the architect Samuel Stanton.

The fraternity plans to demolish the existing 4,990-square-foot house at 1705 Hill St. – at the northwest corner of Hill and Oxford. It was built in 1915 for a University of Michigan professor and designed by the architect Samuel Stanton. Delta Chi has owned it since 1947.

The house would be replaced with a 12,760-square-foot structure on three levels, including a basement. The current occupancy of 23 residents would increase to 34 people, including a resident manager.

The house is now on the northwest corner of the site, and a curbcut for the driveway is located at the intersection of Hill and Oxford. The proposal calls for building the new house closer to the southeast corner of the lot, with a parking lot on the west side and a new curbcut onto Hill – away from the intersection. [.pdf of staff report]

The minimum parking requirement is for seven spaces, but the plan calls for 16 spaces on the parking lot. There will be a shed with spaces for 20 bikes, and another four bike spaces in the back yard. Stormwater would be detained beneath the parking area.

The site is zoned R2B (two-family dwelling and student housing). All of the neighboring parcels are also zoned R2B, and contain fraternity houses or duplex residential homes.

The project is estimated to cost $2.2 million.

None of the large trees on the site will be removed. The fraternity declined to make a recommended voluntary parks contribution of $3,100 to the city.

Aerial view of Delta Chi site.

A statement from the fraternity gives their rationale for that decision: “While we can see the merit of such a donation for a large, new development that may bring additional residents to the city, we feel that this is not fitting in our situation. The Delta Chi Building Association has owned this property continuously since 1947, and during that time has consistently paid our property taxes and special millage assessments designated for Parks and Recreation. During our 67 years of ownership, we believe that we have contributed much more than the contribution suggested to support the Ann Arbor Parks and Recreation system.”

The planning commission was asked to recommend approval of a site plan and, in a separate resolution, to grant a special exception use for the project. A special exception use is required because the property is zoned R2B (two-family dwelling district and student dwelling district). Fraternities are allowed in R2B districts only if granted special exception use by the planning commission. No additional city council approval is required for that.

The site plan does require city council approval.

Delta Chi Fraternity: Commission Discussion

Wendy Woods asked about the decision to reject the voluntary contribution to parks and recreation. She encouraged the fraternity to rethink that position. She asked that a representative of the fraternity talk about that decision.

John Levinson, treasurer of the Delta Chi alumni board.

John Levinson introduced himself as treasurer of the Delta Chi alumni building corporation, which owns the house. He’s been a member of the fraternity since 1969, and has been on the alumni board since he graduated from UM in the mid-1970s. It’s their experience and belief that students don’t use any of the city parks and recreation facilities, he said.

Levinson noted that city staff had explained that increased density on the site would result in additional use of the parks, so the fraternity should “pay to play.” But “we just don’t think we’re going to be playing,” he said, and that’s why they declined to make the voluntary contribution.

Woods asked whether that meant the fraternity members don’t ever go to Gallup Park, Argo Park, the new skatepark, or any of the other city parks and recreation facilities. Levinson said that’s their opinion, though he hadn’t surveyed members. He said he keeps in close contact with the house, and most of the activities are with the university’s intramural sports and facilities.

Woods said it would be highly unusual for any residents of the city not to use the city’s parks and recreation facilities at some time. Levinson replied that he knows the fraternity members use the city’s golf courses, but he characterized that as “pay to play” because they pay fees to use the courses.

It’s true that the parks contribution is voluntary, Woods noted, “but when you have a public good, it’s always worth a conversation.”

Levinson explained that the fraternity hasn’t raised all the money it needs for this project. He said after they know whether they have enough money for the project, they’d be willing to reconsider the parks contribution.

Site plan for the new Delta Chi fraternity house at 1705 Hill.

Bonnie Bona pointed out that the golf courses are subsidized by city taxes – the fees that players are charged doesn’t cover the expenses. She noted that she works near Argo Pond, and there are a lot of university students who use the Argo Cascades. She also observed that The Rock is located on a small city park at the corner of Hill and Washtenaw. Levinson acknowledged that fraternity members have used that park. “And who pays to maintain that little park? The city of Ann Arbor,” Bona replied. Levinson stressed that it was indeed a very little park, however.

Levinson told commissioners that he never said the parks weren’t valued, but he didn’t think fraternity members used the parks as much as “regular citizens of Ann Arbor.” He noted that the fraternity also pays taxes, which supports things like the golf courses.

Levinson explained that although the new house will hold more residents, they won’t be increasing the overall population. The fraternity members will just be relocating from university housing or other non-university housing. Bona pointed out that the spots vacated by the fraternity members will be filled by others, so the change will, in fact, be adding more residents to the city.

It’s a good thing to increase density and to have students living near the university, so that they can walk and use public transit, Bona said. It’s also a very nice project, she added.

Levinson said they’re trying to fix problems that exist with the current house. “I go to sleep at night wondering what’s going to happen if that old place burns, to be very honest – because it’s old.” The house contains plaster and lathe, and although there are functional smoke alarms, there’s no sprinkler system, he noted.

Sabra Briere reported that she also lives in a house with original plaster and lathe, which was built in the 1830s. She appreciated the fraternity’s efforts to “retain the charm of the existing house” and to retain some tradition. Levinson said it had been a somewhat selfish motivation, because they knew that contributions from alumni would be tied to the look of the house.

Ken Clein clarified that there would be no retention/detention pond on the site – a reference to the controversial Glendale Condos project that had been postponed earlier in the meeting.

In response to another query from Clein about ADA features, Levinson explained how the first floor is designed to include an accessible residential unit, and that there’s a lift that allows access to the first and second floors.

Outcome: In separate votes, commissioners unanimously approved the special exception use and recommended approval of the site plan. The site plan proposal will be forwarded to the city council for consideration.

Gift of Life Expansion

A $10.5 million expansion of the Gift of Life Michigan facility on Research Park Drive was on the July 1 agenda.

Aerial view of Gift of Life Michigan site.

The proposal calls for building a three-story, 40,786-square-foot addition to connect two existing buildings at 3161 and 3169 Research Park Drive, which are owned and occupied by the nonprofit. According to a staff report, the additional space will accommodate offices, a special events auditorium and “organ procurement suites.” The nonprofit’s website states that the Gift of Life is Michigan’s only federally designated organ and tissue recovery program.

The proposal includes a site plan and a request to rezone the properties from office (O) and research (RE) to office/research/limited industrial (ORL). The parcel at 3161 Research Park Drive is currently zoned O. The parcel at 3169 Research Park is zoned RE. The plan is to combine those lots before the city issues building permits.

The project would reduce the four existing curb cuts to Research Park Drive to three, connecting one of the loop driveways to an existing driveway at the east end of the site. A parking lot at the back of the site will be expanded by 38 parking spaces. Two alternate vehicle fueling stations are proposed in parking spaces near the main entry, with the driveway at the center of the site providing access for ambulances. A new shipping and receiving facility will be located on the northeast corner of the site. [.pdf of staff report]

The only speaker during the public hearing was Curt Penny of Eckert Wordell, a Kalamazoo-based architectural firm. He stated that the project team was on hand to answer any questions.

Gift of Life Expansion: Commission Discussion

This item was considered late in the meeting – after 11 p.m. – and discussion was brief. Wendy Woods praised the Gift of Life’s work. Jeremy Peters said he appreciated a reduction in the number of curbcuts, saying that it helped promote pedestrian usage.

Outcome: Commissioners unanimously recommended approval of the site plan and rezoning. It will be forwarded to city council for consideration.

Communications & Commentary

Every meeting includes several opportunities for communications from planning staff and commissioners. Here are other highlights from July 1.

Communications & Commentary: Public Commentary

In addition to the public hearings held for specific projects, there were two opportunities for general public commentary. Steve Thorpe spoke during the first slot for public commentary, introducing himself as a downtown resident and former chair of the city’s planning commission 14 years ago.

Steve Thorpe.

He wanted to raise the issue of height limits. He thought that D1 and D2 districts are a good idea, although the city made some mistakes on the location of those downtown zoning districts.

When he was chair, Thorpe said, the public and the commission were moving fairly rapidly toward considering height limits. At that time, commissioners felt that the public was receptive to height limits, he said. “Unfortunately, I think city council kind of pulled the rug out from under us” and instead established the downtown residential task force, which he was a member of. Thorpe said he resigned before the task force issued its final report, because he didn’t agree with its projections for the number of downtown residents.

The buildings that are being constructed downtown are changing the density, he noted, and that’s bringing other problems. It’s beginning to alienate people and how they remember Ann Arbor. He said he wasn’t resisting change, but the city needs to manage it better. “Let’s not close the door on downtown height limits,” he said, and perhaps something can be done that’s consistent with the D1 and D2 districts. [The overlay character districts for D1 and D2 include height limits of 180 feet and 60 feet, respectively.]

Communications & Commentary: Affordable Housing

Planning commissioner Jeremy Peters gave an update on work that’s being done to add affordable housing units to the city. He and planning commissioners Wendy Woods and Eleanore Adenekan are working with members of the city’s housing & human services advisory board and staff of the Washtenaw County office of community & economic development. The intent is to look at issues where these three groups have similar interests, and eventually to provide some strong guidance for city and county leaders.

Based on the last needs assessment, about 1,500 more units of affordable housing are needed in this community, he said. The group is trying to identify questions that they need to have answered, as well as information that each of their respective boards and commissions might want. One of those questions is the definition of affordable housing, which he noted could mean a wide range of things.

Another issue is to look at the city’s premiums that are offered to developers, and how to modify those so that the premiums are more effective as a tool to build more affordable housing units.

The group’s next meeting is on July 24 at the county annex, 110 N. Fourth Ave., starting at 6:30 p.m.

Present: Eleanore Adenekan, Bonnie Bona, Sabra Briere, Ken Clein, Diane Giannola, Paras Parekh, Jeremy Peters, Kirk Westphal, Wendy Woods. Also: City planning manager Wendy Rampson.

Next meeting: Tuesday, July 15, 2014 at 7 p.m. in council chambers at city hall, 301 E. Huron. [Check Chronicle event listings to confirm date]

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Rendering of Mark Condominium proposal, as viewed from West Liberty next to the former Moveable Feast building.

The proposal from developer Alex de Parry is to demolish an existing car wash at 318 W. Liberty and build an 11,910-square-foot structure with seven residential condominiums – five two-bedroom and two three-bedroom units. Each condo would have its own two-car tandem garage for a total of 14 parking spaces, although no parking is required.

The lot, on the north side of Liberty, is east of the historic Peter Brehme house at 326 W. Liberty and located in the Old West Side historic district. The historic district commission issued a certificate of appropriateness for the project on March 13, 2014. It’s located in Ward 5 and is zoned D2 (downtown interface).

The project would require two footing drain disconnects or the equivalent mitigation, according to a planning staff report. [.pdf of staff report]

In May, De Parry was told that the existing six-inch water main in West Liberty Street would need to be upsized to a 12-inch water main. The city staff told him that the six-inch main wouldn’t have the capacity to handle the additional development, in particular the building’s fire-suppression system. That was the reason for postponement at the planning commission’s May 20, 2014 meeting.

At that time, De Parry told commissioners that the development team had just been informed about the issue, and they were analyzing the budget impact and alternatives that they might pursue.

The current agreement, recommended by commissioners on July 1, is for De Parry to pay for installation of an eight-inch water main, rather than the 12-inch water main.

During the public hearing on July 1, four people spoke – three of them with concerns about the project. Those concerns dealt with the fact that a small portion of the site’s corner lies within the flood plain, as well as a general objection to high-end development in the downtown core. One woman also criticized the aesthetics and height of the project. The project’s architect, Brad Moore, responded to concerns about the flood plain by saying that none of the building is within the flood plain. The garages are out of the flood plain, and the living space is located above the garages, he noted.

The project will now be forwarded to the city council for consideration.

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

Mike Martin of First Martin Corp. answered questions from planning commissioners at their May 20, 2014 meeting. (Photos by the writer.)

Issues included blocked views, noise from rooftop mechanicals, and problems with egress from One North Main’s underground parking. But even people who raised these concerns applauded the project, saying a hotel there would help bring vitality to that part of town. The site on the northeast corner, owned by First Martin Corp., now includes a building that houses the Ann Arbor Convention & Visitors Bureau and the bus depot for Greyhound, which will be relocating next month to the city’s Fourth & William parking structure.

First Martin’s proposal includes a six-floor, 88,570-square-foot building with a ground-floor restaurant or retail space facing Huron and an extended-stay hotel on the upper five levels, with an entrance off of Ashley. The hotel will be operated by Marriott. The bus depot facade – including an iconic art moderne sign – will remain in place.

The project will be forwarded to the city council for consideration.

Also heading to the council with a recommendation of approval is an expansion of the Bank of Ann Arbor’s downtown building at the northeast corner South Fifth and East Washington. The plan involves reorienting the main entrance – moving it from the center of the bank’s South Fifth Avenue side to the corner of Fifth and Washington. A 9,179-square-foot third-floor addition would be constructed over the rear of the building’s east side.

The bank has an existing drive-thru teller window on its north side, which will not be altered. The site’s D1 zoning requires a special exception use for drive-thrus, which the planning commission granted in a separate vote. Because the project is going through a site plan approval process, the requirement for a special exception use was triggered. Special exception uses do not require additional city council approval.

Commissioners amended the special exception use to limit the drive-thru to a financial institution, so that it can’t be used in the future for other businesses – like a pharmacy or fast food restaurant. That amendment, put forward by Sabra Briere, was approved on a 6-2 vote, over dissent from Wendy Woods and Eleanore Adenekan. Briere also proposed an amendment that would restrict the hours that the drive-thru could be open. The concern was that vehicles pulling out from the drive-thru onto Fifth Avenue could cause a threat to pedestrians and bicyclists in the evening. But after discussion – including some comments from Hans Maier, a senior executive for the bank – Briere withdrew that amendment.

Two other special exception use requests were granted during the May 20 meeting – from companies selling seasonal Class C fireworks for the July 4 holiday. Phantom Fireworks will be putting up a tent in the parking lot of the Maple Village Shopping Center, across from Veterans Memorial Park. In previous years the business operated in the parking lot of Colonial Lanes on South Industrial. Patriot Fireworks will be selling fireworks in the parking lot of the Twin Valley shopping center at 2750 Jackson Ave., west of the I-94 overpass. Both special exception uses were amended to limit the sales to fireworks only – not other seasonal items – and to put specific limits on the days of operation.

One item was postponed by commissioners on May 20 – a site plan for Mark Condominiums on West Liberty, brought forward by developer Alex de Parry. The postponement was based on a recommendation from the planning staff, to allow time for a public water system issue to be addressed. City staff determined that the six-inch water main along Liberty needs to be replaced with a 12-inch main. De Parry told commissioners that the development team had just recently been informed about this issue, and they are now analyzing the budget impact and alternatives they might pursue.

Downtown Hotel

The site plan and development agreement for a new downtown hotel at the northeast corner of North Ashley and West Huron were on the May 20 agenda.

Rendering of proposed hotel at the northeast corner of West Huron and Ashley. The One North Main building is visible to the east.

The proposal brought forward by First Martin Corp. calls for a six-floor, 88,570-square-foot building with a ground-floor restaurant or retail space and an extended-stay hotel on the upper five levels. The hotel will be operated by Marriott.

The current site at 116-120 W. Huron includes a Greyhound bus depot and a one-story building that houses the Ann Arbor Convention & Visitors Bureau. Both of those buildings will be demolished. The bus depot facade will remain in place as part of the new building’s design. [.pdf of staff report]

The main hotel entrance is proposed for the building’s west side, facing North Ashley, while the main entrance for the restaurant or retail space is proposed to face West Huron, on the building’s south side. The site is zoned D1, which allows for the highest density development in the downtown. According to the staff memo, five off-street parking spaces are required. First Martin has secured a letter of commitment from Zipcar, a car-sharing service, for two vehicles. Parking spaces for those cars are proposed at the northeast corner of the site. For purposes of the city’s parking requirement, the two Zipcars would count as eight off-street parking spaces, and would satisfy the requirement.

The two existing curbcuts – on North Ashley and West Huron – will be closed, and access to the two parking spaces, loading dock and trash/recycling would be from the mid-block alley to the north. The alley is currently one-way, and will be converted to a two-way alley and repaved.

The current site at 116-120 W. Huron, looking north. One North Main is the building on the right. The city’s Ann Ashley parking structure is visible in the background.

Streetscape changes will include curb bump-outs on North Ashley, on the north and south ends of the site for passenger drop-off.

Nine bicycle parking spaces are required for the project, and would include two bike hoops in the North Ashley right-of-way and two in the West Huron right-of-way, for a total of eight bike spaces. Three more hoops are proposed for the Ann Ashley parking structure, with First Martin paying for labor and materials. The city of Ann Arbor and Downtown Development Authority would assume responsibility for maintenance of those hoops. The installation of hoops in the city’s right-of-way will require city council approval. The planning commission was asked to make a recommendation on that as well.

Construction is estimated to cost $13 million.

In giving the staff report, city planner Alexis DiLeo noted that the Greyhound bus depot has been at that location since 1940, and the site has been a transportation hub since 1898.

Downtown Hotel: Public Hearing

Four people spoke during the public hearing about this project. Changmin Fan told commissioners that Ann Arbor is expanding, and he was impressed by the proposed hotel. But there are also challenges. The city needs to consider how to maintain a dynamic downtown, he said.

This hand-drawn alternative site plan proposed by Todd Sachse representing One North Main was passed out at the May 20 planning commission meeting.

Todd Sachse represented One North Main, the office and residential building east of the hotel site, on the northwest corner of Main and Huron. They were happy to see a development on that site and the hotel will be a great contribution to downtown, he said. However, the current design will block about half of the windows on the west side for the commercial condominiums. So he proposed an alternative plan that would shift the building about 12-15 feet to the west, and extend the building to the north. To do this, it would require cooperation from the city and from First Martin. The alternative plan would result in the same amount of square footage and rooms, Sachse said. He thought that if the city cooperated quickly, it could be accomplished in a way that would be a win-win-win for the new development, the city, and One North Main.

Stephen Ranzini introduced himself as a resident of One North Main and president of University Bank. He thanked First Martin for proposing a hotel on this site, saying it’s an excellent building. He cautioned against doing anything that would damage the value of the adjacent property, however.

In addition to the issues Sachse had mentioned, Ranzini warned against noise generated by mechanical systems on top of the hotel. There needs to be baffling of air-conditioning systems and elevators, he said. Residents on the upper floors of One North Main, on the west side, enjoy the amenity of their outdoor balconies, he noted. If the noise from the hotel is loud, that would be damaging. Ranzini criticized the city for ignoring noise coming from the top of the nearby KeyBank building. “This is a good example of bad planning leading to persistent bad results, right?”

Todd Sachse.

Another issue is the exit from the underground parking at One North Main, Ranzini said. It’s very valuable to have parking underneath your downtown building, he noted – each resident has two spaces. But people illegally block egress, he said, and there’s concern that the hotel will exacerbate that situation. It’s important to preserve the value of existing investments, he said, while new investments come in. He also complained about the signs on the Ann Ashley public parking structure, saying that they’re inadequate to indicate entry and egress.

Richard Broder spoke on behalf of the One North Main condominium association, which includes both residential and commercial condos. He thought the hotel proposal was right for the community, but he shared concerns of previous speakers. He hoped planning commissioners would consider issues related to the back alley and the separation of the buildings.

Downtown Hotel: Commission Discussion

Sabra Briere asked First Martin Corp. representatives – Mike Martin and Darren McKinnon – to answer some questions about the concerns raised during public commentary by residents of One North Main. What’s been done in the design phase to address those concerns?

Martin replied that the design team has met with representatives of both the residential and commercial condo associations. Prior to submitting the hotel proposal, Martin said they worked with the city to make two-way access and egress off of the Ann Street alley. Having more ways to get into and out of that area is important, he said. One problem in the past has been dumpsters, he noted. They’ve worked with city staff and the Ann Arbor Downtown Development to potentially designate some parking spaces for delivery vehicles. Martin said they share concerns about having a functional alley, so they’re working to improve the circulation and plan to enforce “good parking behavior.”

Briere was also interested in the issue of noise from rooftop mechanicals. What has the hotel design done to baffle sound?

McKinnon replied, saying they’d talked to Ranzini about this issue. They brought an acoustic consultant on board as part of the design team, and there will be screening on the roof for both visuals and sound, he said. They’re making every effort to limit the impact, he said. Martin added that each hotel room has VTAC (vertical terminal air conditioning) units. Because there’s not a central system, the amount of equipment on the roof will be greatly reduced, he said.

Briere asked the staff if the city has looked into dedicating two of the metered spaces in the city-owned Ann Ashley parking lot for delivery. Not yet, Alexis DiLeo replied, but that’s something that could be explored. Responding to another query from Briere, DiLeo indicated that other issues related to the midblock alleys, including better directional signs from the parking area, could be discussed. Martin noted that First Martin has contributed to the cost of installing a security camera so that Republic Parking, which manages the city’s parking system on behalf of the DDA, can monitor the area.

Alexis DiLeo of the city’s planning staff.

These issues are moving in a positive direction, Briere said. Her biggest concern is that as new buildings are added, there are all these other “moving pieces” that need to be considered. She referred to additional issues raised in an email from Kathy and Angelos Constantinides, who are One North Main residents. [.pdf of Constantinides email]

Kirk Westphal asked staff to describe what’s allowed, in terms of noise and air rights. He also asked for an explanation about the building separation issue, noting that sometimes people wonder why some projects have a blank wall with no windows – it’s because another building could be constructed right next to it, he said.

Regarding building separation, DiLeo explained that the One North Main project was a planned unit development (PUD). When it was built, it received a variance from the city’s building board of appeals to have windows on its west facade at the property line. Normally, windows are either prohibited or the size is greatly reduced because of issues like fire penetration and the fact that an adjacent building could also be built up to the property line. DiLeo was under the impression that the variance indicated the windows would need to be closed if another building was constructed adjacent to it. “So they enjoyed 30 or 40 years of windows,” she said.

Regarding noise, the city code is a bit antiquated in terms of noise decibel level, DiLeo said. It worked well when there were no residents downtown, but now it doesn’t seem to adequately address noise for residents. The staff has worked with the developer to voluntarily include noise buffers and other design aspects that minimize noise, she said.

Diane Giannola asked where the mechanicals would be located, in relation to One North Main residents. McKinnon replied that air-conditioning compressors are notoriously the loudest mechanical systems. “There’s none of that on the roof whatsoever,” he said. Most of the rooftop equipment will be for ventilation of the hotel’s public corridors.

Diane Giannola.

Martin added that there are two floors of vertical separation between the hotel rooftop and the residential floors of One North Main. The hotel is six stories, and residential units of One North Main begin on the eighth floor. From the audience, Ranzini said: “The noise goes up.” That’s a valid point, Martin replied, but it’s a couple of floors down and also offset from the property line. Martin hoped that the design and less noisy new equipment “would win the day” in terms of reducing noise.

Giannola asked if the window units would make noise. McKinnon replied that when the units are on, it makes about as much noise as the compressor of a home air-conditioning unit. They don’t run all at once, he noted.

Ken Clein pointed to a relevant section in the development agreement, which states: “(P-11) To design, construct, repair and maintain this development in accordance with the provisions of Chapter 119 (Noise Control) to ensure that any noise emanating from said development will not impact nearby residents or businesses. In addition, PROPRIETOR shall review existing noise sources surrounding said development and incorporate necessary design and construction techniques to ensure that future tenants will not be exposed to noise sources in violation of Chapter 119.”

Westphal asked staff to explain who residents can contact if construction noise becomes a problem. DiLeo said she can give contact info to the One North Main condo associations. Typically, the responsibility for enforcing issues related to construction fall to the city’s building department or the police department’s community standards unit.

Clein asked about the at-grade pedestrian passageway between One North Main and the hotel site, leading back to the parking area. He knew it wasn’t First Martin’s responsibility, but wondered if they planned to enhance it in any way. Martin replied that there will be some lighting and landscaping, to give it a “softer edge.” He also thought that having more people in that area would help that entire corridor.

Responding to another query from Clein, Martin said they don’t yet have a tenant identified for the retail/restaurant space.

Wendy Woods asked about the car-sharing service. Martin explained that the Zipcars would be available to anyone who had a membership with that company – it wasn’t just limited to hotel guests. The hope would be that someone could take the Ann Arbor Area Transportation Authority’s AirRide from the Detroit Metro airport to Ann Arbor, then use Zipcar to get around town.

Eleanore Adenekan.

Westphal asked how comfortable Martin was that the space fronting Huron would be leased to a retailer or restaurant. He was very confident, Martin replied. They’ve had some conversations with local restauranteurs, and have signed up with a commercial brokerage to show it. Early indications are very positive, he said, but they haven’t signed anyone up yet. Martin said he expected they’d end up with a restaurant there that would complement the hotel.

Westphal asked if that’s something that First Martin would be willing to include in the development agreement – a commitment to restaurant or retail uses? Martin indicated they’d be willing to talk about that. The ground floor of the hotel will be an extremely active use, he noted. However, he’d like to have as much flexibility as possible in the development agreement. Twenty years ago, no one would have said that a brokerage firm would be an active retail use, he noted, but now it is.

Westphal clarified that he didn’t want to see office or any kind of financial use there, which elicited a laugh from other commissioners. [Westphal has been vocal about how banks and other financial institutions with storefronts create dead space along a street.]

Jeremy Peters asked whether the hotel would have valet service, to help some of the issues related to drop-offs, traffic and parking. Martin replied that they’d talked with Art Low of Republic Parking, with the intent of working out an agreement for valet service to use some of the nearby public parking spaces.

Briere noted that the draft development agreement mentions footing drain disconnects. She was under the impression that First Martin was working on an alternative to footing drain disconnects. McKinnon said he’s met with city staff on this issue, and is planning to take some ideas to the citizens advisory committee for the sanitary sewer wet weather evaluation study. He hopes to participate as the committee develops recommendations for city council.

Ken Clein.

Martin added that they’re certainly willing to mitigate, but they’d like to have language in the development agreement that would provide for some flexibility, if the footing drain disconnect program changes.

There was some back-and-forth between Briere, Martin and McKinnon about the two different types of city programs – a residential footing drain disconnection program, and a developer offset mitigation program. McKinnon noted that the two programs are different, but related.

Woods referenced the hand-drawn alternative design that Todd Sachse had distributed during his public commentary. She urged Sachse to discuss it with the First Martin team. Kirk Westphal asked Martin about that alternative design in relation to the city’s mandated citizen participation meeting.

Martin replied that the One North Main representatives were having “off-line” conversations with First Martin about this alternative design. “We evaluated it,” he said. “We came up with a number of reasons why it did not work for us in our development.” The primary reason is that the alternative design would require getting easements from the city, he added. It’s uncertain that the city would grant the easements, and unclear how long the process might take.

One other problem is that if the hotel is taller than six floors, it would require compliance with the city’s high-rise code and also affect First Martin’s agreement with Marriott. “We’ve been on record with [Sachse] telling them it’s just not something we can do,” Martin said.

Briere asked for clarification about where hotel patrons will be dropped off. Martin replied that the drop-off, loading and unloading will be along North Ashley. There might be some sort of outdoor cafe space in front of the hotel, and a couple of on-street parking spaces. He confirmed for Briere that the hotel will include front-desk concierge service to contact taxis for customers.

Planning commissioners Paras Parekh and Sabra Briere.

Clein noted that the commission’s packet on this project includes comments from the city’s design review board. He wondered which suggestions were incorporated into the hotel design. Martin indicated that there hadn’t been unanimity of opinion among design review board members. The main takeaway was that the style of the bus depot was art moderne, not art deco, he said, “so our wrists were slapped.” He also said that board members suggested the design should be simplified a bit.

Martin noted that the site is located on the first block created within the city of Ann Arbor, so they’ve encountered a lot of “fun” issues dealing with easements and title searches for the back alley area, he said. Related to the site’s historic nature, the design review board thought it would be good for the Huron Street facade to tie into the cadence of an original city block, which was 66-feet wide. The board also wanted to carry the horizontal element of the art moderne style from Huron Street and wrap it around to the Ashley side too. It was difficult to balance all the comments, Martin said.

Clein thought the revised design was an improvement. He noted that it wasn’t the planning commission’s purview, but he thought the light-colored materials proposed for the top of the building felt a little heavy. He suggested having the brick continue up to the cornice, which he thought would make the cornice stand out more.

Regarding the bus depot facade, Clein noted that some preservationists would want to save more of the building behind it, “but in reality, there’s not a lot of integrity behind the facade.” He thought First Martin’s approach of protecting it in place during construction is preferable to dismantling it then reinstalling the facade later. He clarified with staff that this preservation qualifies the project to get premiums (a 50% floor area “bonus” of an additional 4,352 square feet) for historic preservation. “Where do we draw the line to say that allows you to qualify for premiums?” Clein asked.

Kirk Westphal.

DiLeo replied that premiums are awarded for historic preservation when a project preserves something that’s eligible to be on the National Register of Historic Places. The bus depot facade is eligible, she said, but she’d have to consult with the city’s historic district coordinator for more details about the building behind the facade. At one point, the Ann Arbor historic district commission approved a “facade-ectomy,” DiLeo said, adding that “if it’s good enough for the HDC, it’s good enough for the premium.” She clarified that getting a premium for historic preservation doesn’t require review or approval of the HDC.

Woods indicated that requiring HDC review or approval is something the planning commission might consider in the future. She also thought it might be an opportunity for Ray Detter to install an historic street plaque.

Woods also asked about whether the Greyhound bus services would be relocated to the Blake Transit Center. DiLeo replied that apparently it would be easy to relocate the passenger service to BTC, located on South Fourth Avenue north of William Street. However, Greyhound handles a significant amount of freight, and that’s becoming difficult to coordinate. The Ann Arbor Area Transportation Authority, which operates the transit center, is working with Greyhound on that, she said.

Wendy Rampson, the city’s planning manager, reported that the Ann Arbor DDA has approved a plan to accommodate Greyhound at the Fourth & William parking structure, at least in the short-term. [At its May 7, 2014 meeting, the DDA board authorized its executive director to come to terms with Greyhound on a two-year lease that would cost Greyhound $1,525 a month, which works out to $36,600 for the two-year period. Buses would not pull into the structure, but would stage on Fourth Avenue. The lease would include about 400 square feet of office space in the structure, which would be finished out by the DDA for Greyhound. The lease rate works out to about $40 per square foot.]

Woods wondered when Greyhound would move. Martin indicated that the move would probably occur in mid-June. Woods noted that Greyhound is used by University of Michigan students, and she hoped the relocation would be widely publicized. Martin said it would be a more convenient location for students. [The Fourth & William structure is closer to UM's central campus, and across the street from BTC.]

Joe Fitzsimmons, a resident of One North Main, attended the May 20 meeting but did not formally address the planning commission.

Giannola asked why First Martin decided to build an extended-stay hotel, rather than a traditional hotel. Martin said the decision was based on business and market reasons. They did a market study, and one thing missing from this community is hotels with larger rooms and flexibility for longer-term stays. With the university and other organizations in town, an extended-stay hotel seemed to make the most sense. People who have family members in the hospital also need extended-stay facilities, he noted.

Martin explained that each room has a small kitchenette. The hotel won’t provide room service, but breakfast will be provided. If the retail space becomes a restaurant, there might be an opportunity there, he noted.

Clein noted that this project epitomizes the challenges of downtown development. The project is doing some great things, like bringing more activity to an area that needs it, he said. The building is handsome and the preservation of the bus depot facade is good. But there are issues with the neighboring building, so it’s a balancing act, he added. Similar issues will arise as the city gets more downtown development, Clein noted.

Clein said he was empathetic with the neighbors’ concerns, and he hoped First Martin would be proactive in trying to address them. He was supportive of the project, however.

Outcome: Commissioners unanimously recommended approval of the site plan and development agreement, as well as for the plan to install required bicycle parking within the North Ashley and West Huron rights-of-way and the Ann Ashley parking structure.

Downtown Hotel: Public Commentary

During the time for general public commentary at the end of the meeting, around 10:45 p.m., Stephen Ranzini spoke again.

Stephen Ranzini.

He told commissioners that he’s been a resident at One North Main for 14 years, and has observations about things “that clearly some of you are not aware of.” He thought development agreements were really important, and should be carefully negotiated. The problem in Ann Arbor, he said, is that after a development agreement is reviewed and approved by planning commissioners and the city council, “the city staff has – and often do – change it completely at will.” Projects change radically, he said.

Ranzini said he has suggested to the city attorney, mayor and councilmembers that any material changes to development agreements should require a new approval process. “You’re giving city staff way too much authority to change at-will things,” he said. As an example, he said changes were made for the Ashley Terrace project that related to parking and the number of bedrooms in units. He said the staff will make changes “when the developer cries poverty or economics, which downsize and dumb down the project.” Many projects in the city look awful because of that, he said.

He then brought up issues related to enforcement of existing regulations. He talked about calls he’s made to city police regarding decibel-level violations. Construction repeatedly begins at 5 a.m. when the law requires a 6 a.m. start. He said the police never respond to complaints. Road cleaning occurs at 1 a.m. or 2 a.m., with the noise coming into his windows at more than 120 decibels. “The police response time? Never.” He cited a Huey chopper on Sunday morning – without a permit – generating 200 decibels in his home, as it installed air conditioner units on top of an adjacent building. It was so loud “that my teeth were literally vibrating so much that I was afraid my teeth would come out of my mouth, ok?” Still, the police didn’t respond, he said. Other examples Ranzini cited were bagpipes and city garbage trucks.

Mark Condominiums on Liberty

A site plan for new condominiums at 318 W. Liberty was on the May 20 agenda. Planning staff recommended postponement, however, to allow time for a public water main issue to be addressed.

Rendering of Mark Condominium proposal, as viewed from West Liberty next to the former Moveable Feast building.

The proposal from developer Alex de Parry of Ann Arbor Builders Inc. is to demolish an existing car wash and build an 11,910-square-foot structure with seven residential condominiums – five two-bedroom and two three-bedroom units. One unit would face West Liberty, with the others facing east.

Each condo would have its own two-car tandem garage for a total of 14 parking spaces, although no parking is required.

The lot, on the north side of Liberty, is east of the historic Peter Brehme house at 326 W. Liberty and located in the Old West Side historic district. The historic district commission issued a certificate of appropriateness for the project on March 13, 2014. The property is also within the boundaries of the Ann Arbor Downtown Development Authority district. It backs up to the surface parking lot at the city-owned 415 W. Washington.

The property is zoned D2 (downtown interface).

The project would require two footing drain disconnects, according to a staff memo. In addition, the existing six-inch water main in West Liberty Street would need to be upsized to a 12-inch water main. The six-inch main wouldn’t have the capacity to handle the additional development, particularly the building’s fire-suppression system. That was the reason for postponement. [.pdf of staff memo]

The project is expected to cost $2.7 million.

No one spoke during the public hearing for this item.

Mark Condominiums on Liberty: Commission Discussion

Paras Parekh asked staff to elaborate on the water capacity issue. Planning manager Wendy Rampson explained that for every proposed project, the city’s systems planning unit does modeling of its impact on the city’s infrastructure for sewer and water. Typically, the only problems that are encountered are with sewer capacity. But in this case, because this part of the city had been developed with a more residential character, the water main is currently six inches in diameter.

Developer Alex de Parry.

The developer must provide fire suppression for the new building, which would require upsizing to an eight-inch water main. However, the city doesn’t upsize in two-inch increments, Rampson said. So the city is requiring that the water main be upsized to 12 inches. The developer can take on that cost if they want to move quickly, she added, or they can wait until it’s incorporated into the city’s capital improvements plan (CIP).

The upsizing needs to run from Third Street to First Street. The city’s project management staff has said that the developer’s responsibility would be to pay for the upsizing from Third Street to the front of 318 W. Liberty. This requirement emerged just a few days prior to the planning commission meeting, and the developer is now exploring the cost implications of that effort, Rampson said.

Jeremy Peters asked to hear from a representative of the project. Alex de Parry replied that they’re analyzing how to possibly change some construction methods and exploring other options. “We’ve only known about this for about two days,” he noted.

Steve Rojeck of Perimeter LLC, who is also working on this project, added that they’re also evaluating the cost of the upsizing. It could be a substantial impact on the project’s budget, he said.

Sabra Briere asked if the project will include any streetscape improvements. She noted that the site is located within the DDA district, and that the DDA is working on a streetscape project. De Parry replied that they’d received some feedback from residents who attended the project’s citizens participation meeting about adding trees in front of the property. He said they’re working with the owners of the adjacent property to the west – where Moveable Feast restaurant was formerly located – to make sure the grading of the two properties is smooth in front.

Rampson reported that the DDA has asked the developer to coordinate the construction to minimize impact on the parking patrons at 415 W. Washington. The DDA manages the lot as part of its agreement with the city to oversee the public parking system. Rampson added that as far as she knew, there are no streetscape improvements proposed as part of this project.

Kirk Westphal noted that the proposed condominiums will be about half of the proposed density that would be allowed under D2 zoning on that site. De Parry replied that D2 zoning would technically allow for a project that’s up to 60 feet high, but since the site is also in an historic district, there are limitations on height and setbacks.

A car wash is currently located at 318 W. Liberty.

Rampson explained that the historic district commission has purview to limit the size of the building. The project went before the HDC two times, she said, and as a result it had been scaled back.

De Parry said it’s not a high-density development, with just seven units. So doing a major water main replacement for that is “problematic,” he told commissioners.

Westphal observed that in some cases, the planning commission moves projects along with the stipulation that certain issues must be addressed before going to the city council for approval. De Parry supported that approach, but Rampson noted that this was a big issue and the kind of thing that the planning commission typically addressed before recommending a project. It would likely change some aspects of the development agreement, she added, including a potential cost-sharing arrangement.

Wendy Woods was in favor of postponing, with the hope that it could be brought back to the commission as soon as possible. She said it seemed like the developer was almost in shock, “and understandably so.” Other commissioners agreed regarding postponement.

Outcome: Commissioners voted unanimously to postpone action on the project.

After the vote, de Parry asked whether it was a two-week postponement. Rampson replied that it will come back to the commission as soon as the issues are worked out. It could be two weeks, but it could be longer. The commission’s next meeting is June 3.

Bank of Ann Arbor Expansion

An expansion of the Bank of Ann Arbor headquarters in downtown Ann Arbor was on the May 20 planning commission agenda.

Architect Scott Bowers with a rendering of the expanded downtown Bank of Ann Arbor building and reconfigured entrance, at the northeast corner of Fifth and Washington.

Commissioners were asked to recommend approval of a site plan that involves reorienting the main entrance – moving it from the center of its South Fifth Avenue side to the southeast corner of South Fifth and East Washington. Existing doors will be replaced with windows. A 9,179-square-foot third-floor addition would be constructed over the rear of the building’s east side. In total, the building would be 32,651 square feet after construction. The project is estimated to cost $4.2 million. [.pdf of staff memo]

One outstanding issue relates to a tree that’s needed in one of the landscape islands in the parking lot.

According to the staff memo, the design “seeks to transform the current style from contemporary to traditional by replacing the yellow brick façade with brown and red-colored bricks and limestone-colored stone accents and trim and creating a brick and glass tower at the street corner to create a prominent entry.” The original two-story building was constructed in 1965, which included the drive-thru window. An addition was completed in 1999.

The project was evaluated by the city’s design review board on Jan. 14. The board suggested making the entry structure taller and more closely aligning the bank’s design features with those of the adjacent Ameritech building to the east.

The site is zoned D1, which allows for the highest level of density in the downtown area.

D1 zoning requires a special exception use for drive-thrus, which the planning commission considered on May 20 in a separate vote. Because the project is going through a site plan approval process, the requirement for a special exception use was triggered. Special exception uses do not require additional city council approval. The bank has an existing drive-thru teller window on its north side. No changes are planned to that configuration, however.

In giving the staff report, city planner Alexis DiLeo said if the drive-thru were used more frequently, staff might suggest additional design features, like a more clearly marked crossing or differentiated surface materials. But because there are only 20-25 transactions per day at the drive-thru, and given the “successful history” of the existing drive-thru, staff is comfortable with it remaining as is, DiLeo said.

Modifications to drive-thru regulations are in the works, but not yet enacted. The planning commission approved new drive-thru regulations earlier this year. Amendments to Ann Arbor’s zoning ordinance related to drive-thrus received initial approval at the council’s May 5, 2014 meeting, and will appear on the council’s June 2 agenda for final approval.

Bank of Ann Arbor Expansion: Public Hearing

Scott Bowers, an Ann Arbor architect, introduced his partner, Susan Bowers – both are working on this project. He reviewed details of the project and showed renderings of the proposed building. A tower will be added to the northeast corner entrance, giving it more excitement and movement, he said. The use of glass on the tower will allow pedestrians to see into the lobby. He noted that the issue of the tree in the parking lot landscape island will be addressed.

Bank of Ann Arbor Expansion: Commission Discussion – Site Plan

Sabra Briere noted that there’s a lot of construction underway downtown. Residents have complained, she said, especially about the fact that they can’t walk past projects. She wondered if there was any way for the bank to allow pedestrians to walk on sidewalks while construction takes place.

Bank of Ann Arbor building at the northeast corner of South Fifth and East Washington. The proposed renovations will create a “tower” entrance into the building at this corner.

Scott Bowers said they’d have to see if it could be worked out with the contractor. It probably couldn’t happen during heavy construction periods, he added, but perhaps at other times.

Ken Clein asked whether infiltration would be possible for the stormwater system. Bowers replied that there is infiltration, as part of a water charging system.

Clein clarified that the windows would allow people to see inside the building. He said that’s a benefit, both for the business and for pedestrians. He also confirmed with Bowers that the building’s mechanical systems would be located on top of the new addition. There will be screening around that equipment, Bowers said.

Kirk Westphal asked if the rebricking will look like full-depth brick. Bowers explained that actual brick will be used, after the old yellow brick is stripped off. There will also be stone accents around the windows. Westphal noted that even though it’s not in the planning commission’s purview, it’s nice to see how the architect responded to feedback from the design review board. That information is included in the planning commission’s meeting packet.

Wendy Woods noted that the project is located in the Midtown Character District, and she asked the staff to explain what that means. Alexis DiLeo explained that there are eight character districts. The Midtown Character District is a bit of mishmash now and needs to be more defined, she added. Now, it’s “mostly a government and utility-type feel” with several vacant parcels.

DiLeo also read excerpts from the written staff report:

Midtown Character District – Architectural styles in Midtown include some 19th century wood-framed residential (mostly converted to office use), by stylistically, the district is dominated by an a range of late 20th century mid-rise office and governmental facilities.

The primary north-to-south street in Midtown is Fifth Avenue. It can be considered Ann Arbor’s “civic corridor,” anchored to the south by the Ann Arbor District Library’s Main Branch, the Blake Transit Center and the Federal Building. To the north, directly across E. Huron Street from Midtown, are the Ann Arbor municipal Center and the old and new fire stations and Hands-On Museum.

With the exception of the Library, the buildings in Midtown have limited hours and are used primarily during the business day. Since Midtown is surrounded by character districts with evening-use venues, it often serves as a passage, in particular the west-to-east blocks between Main Street and State Street. Pedestrians seem to be focused on getting from point A to point B and would benefit from more opportunities to linger.

Future development should find opportunities to establish an identity for Midtown, increasing its vitality and expanding its offerings. Primary pedestrian access to buildings along the civic corridor should be from the corridor street.

Jeremy Peters wondered if this expansion would change the hours that the bank would be open. Not at this time, Bowers replied.

Outcome on the site plan resolution: It was approved unanimously. The recommendation will be forwarded to city council for consideration.

Bank of Ann Arbor Expansion: Commission Discussion – Special Exception Use

Diane Giannola confirmed with planning staff that the drive-thru isn’t new, and that the only reason a special exception use is now required is that it’s not automatically grandfathered in, and the need for approval is triggered by the site plan process. Alexis DiLeo explained that the city began requiring special exception uses for drive-thrus in 2009, as part of a broader zoning overhaul known as A2D2 (Ann Arbor Discovering Downtown).

Hans Maier, Bank of Ann Arbor’s senior vice president of specialty banking, and architect Susan Bowers.

The drive-thru now is considered a “legal non-conforming use.” It had been legally established initially, but the zoning code changed, she said. If the bank wasn’t seeking site plan approval, there would be no need for a special exception use.

Responding to a query from Wendy Woods, DiLeo said that if the city council approves amendments to Ann Arbor’s zoning ordinance related to drive-thrus – which were recommended by the planning commission – then any new drive-thru could not be located between the building and the street. Because the bank’s drive-thru is located on the side of the building, it would conform with that future code, she said.

Ken Clein was concerned because it’s an area of “reasonably high” foot traffic. He wondered if the drive-thru would be open beyond normal banking hours. Hans Maier, the bank’s senior vice president of specialty banking, replied that it’s open during regular banking hours on weekdays, and from 9 a.m. until noon on Saturdays. Maier joked that the traffic downtown in the evening isn’t coming to do banking.

Kirk Westphal said this isn’t the kind of use that the city wants to encourage downtown, so he shared Clein’s concern. He wondered if there was an intention to expand the drive-thru hours in the future. Maier indicated that he didn’t think so.

Westphal asked if the special exception use can apply to a different tenant at that location. DiLeo said it could be used as a drive-thru for other types of businesses, not just banking, unless a condition is put on the special exception use. Restrictions could include hours of operation and type of business. Westphal wondered if the condition could restrict the number of people who use the drive-thru daily. DiLeo replied that it would be difficult to enforce that kind of restriction.

Jeremy Peters.

Westphal said he wouldn’t be comfortable for this drive-thru being used for another purpose, which might mean longer hours or more traffic.

Sabra Briere proposed an amendment to limit the drive-thru to use by a financial institution. She also asked about time restrictions: Would 7 p.m. be a reasonable time to limit drive-thru operations? Maier told commissioners that the banking business changes, and he indicated that it’s difficult to anticipate what might happen in the future. The bank has been at that location for 18 years, he noted, and hasn’t yet used extended hours. Maier added that given the angle of the curbcuts, it’s not possible to move straight forward from the drive-thru window to the street – there’s a slight curve. Briere said she worried about drivers who aren’t paying attention on Fifth Avenue.

Briere proposed limiting the hours from 8 a.m. until 7 p.m., saying it struck her as “perfectly generous.” She expected in the future, there won’t be a “human attendant” at the drive-thru, so the customers could get out of their car and walk over to the building.

Jeremy Peters asked that Briere separate those two issues – use and hours of operation – so that the amendments could be voted on separately. Briere agreed.

Outcome on limiting the use to financial institutions: The amendment passed on a 6-2 vote, over dissent from Wendy Woods and Eleanore Adenekan. Bonnie Bona was absent.

The commission next considered restricting the hours of operation to between 8 a.m. and 7 p.m.

Paras Parekh wondered if the drive-thru hours would be limited even if it was an automated teller. Sabra Briere said her big concern is the exit onto Fifth Avenue at night.

Jeremy Peters was concerned that if the drive-thru becomes an ATM and there are restricted hours, it would force the bank to turn off the ATM. He thought it would also be hard to regulate, and he hesitated to regulate the hours that a business can be open.

Kirk Westphal asked if a walk-up ATM would be accessible. Hans Maier replied that a walk-up ATM already exists on the same side of the building, near the corner. He noted that the bank’s competitors – including the nearby Comerica and KeyBank branches – wouldn’t have these same restrictions.

Looking east across Fifth Avenue at the Bank of Ann Arbor building. Toward the corner is the green awning of the walk-up ATM. Further east is the awning for the drive-thru teller window.

Diane Giannola said to her, limiting hours of operation seemed like overkill. Cars that parked and used the walk-up ATM would also be driving out that same exit, she noted. Eleanore Adenekan agreed, saying there shouldn’t be restrictions on hours.

Westphal replied that he didn’t want it to be perceived that the planning commission was picking on this bank. He said the same concerns would exist for drive-thrus anywhere in town.

Ken Clein said that trying to legislate the hours of operation might have unintended consequences. He’s comfortable with the amended language that restricts the special exception use to financial institutions. With that, the amount of traffic in the evenings would be much less than if it were a fast food restaurant or pharmacy.

Wendy Woods said she’d vote against regulating hours. She voted against the previous amendment because she wouldn’t have a problem with another drive-thru use at that location – like a pharmacy. “Indeed, it might be an attraction for some people,” she said. She was concerned about restricting the use.

At this point, Briere withdrew her motion, saying “I’m disinclined to vote in favor of the motion myself.” She thought it had been worth the discussion.

Outcome on main motion for granting the special exception use, as amended to limit it to financial institutions: The resolution passed unanimously. It does not require additional approval from the city council.

Fireworks

There were two requests for special exception use related to the sale of Class C fireworks. This is a standard request for this time of year, when temporary sales of fireworks take place. The special exception use can be granted by planning commissioners and doesn’t require additional approval from the city council.

According to the U.S. Consumer Product Safety Commission, Class C fireworks include “shells and mortars, multiple tube devices, Roman candles, rockets, sparklers, firecrackers with no more than 50 milligrams of powder, and novelty items such as snakes, airplanes, ground spinners, helicopters, fountains, and party poppers.”

Fireworks: Phantom

Phantom Fireworks was requesting a special exception use to put up a temporary 40×40-foot tent and an 8×40-foot storage container in the parking lot of the Maple Village Shopping Center at 205 N. Maple, across from Veterans Memorial Park. The purpose would be for the temporary outdoor sales of fireworks, for 10 days around the July 4 holiday – from June 26 to July 5.

Rick Tapper, regional manager of Phantom Fireworks.

The shopping center is in Ward 5.

The tent and container would be set back 44 feet from North Maple Road, and traffic to businesses wouldn’t be impacted, according to city planner Alexis DiLeo, who gave the staff report. The location would be open from about 10 a.m. to 10 p.m., with extended hours depending on sales and demand.

The tent would occupy about 21 of the shopping center’s 1,500 parking spaces. Generally, there’s a lot of available parking there, DiLeo said.

A special exception use is required because this vendor isn’t a permanent tenant of the shopping center, and isn’t being sponsored by any of the tenants.

Approval of the special exception use would allow the sale of fireworks and seasonal products at this location annually, as long as the owner obtains a permit and inspection from the city’s fire marshal each time the tent is put up.

No one spoke during the public hearing for this item. DiLeo reported that no concerns about this proposal have been received. [.pdf of staff report]

Fireworks: Phantom – Commission Discussion

Eleanore Adenekan asked if there’d be extra lighting in that area. Alexis DiLeo replied that the tent will rely on parking lot lighting for the site.

Rick Tapper, regional manager for Phantom Fireworks, came to the podium to answer additional questions. He noted that the company has operated in Ann Arbor for the past two years, but previously were located in the parking lot of Colonial Lanes on South Industrial.

There’s a minimum of two employees in the tent at all times, Tapper said, and at night there are a minimum of three employees. There will be lights inside the tent, run by a generator. The products will be stored at night in the storage unit next to the tent, which is fireproof.

Planning commissioners Wendy Woods and Jeremy Peters

Jeremy Peters asked about the duration of sales: Was that Phantom’s choice? Yes, Tapper replied. He noted that 80% of sales take place during the last three days of business.

Wendy Woods asked about the permanent nature of this special exception use. DiLeo clarified that it would also allow for the sale of “seasonal items” at other times of the year, though that hasn’t been proposed by Phantom Fireworks. Other examples might be gear for Red Wings or University of Michigan sold during football and hockey seasons, respectively. She noted that if the operation is discontinued for three years, the special exception use would be voided.

Wendy Rampson, the city’s planning manager, said that if planning commissioners have concerns about the operation, they should state those issues in the conditions of the special exception use.

Tapper stressed that Phantom Fireworks doesn’t intend to operate at any other time than the 10 days indicated around the July 4 holiday. He was open to the commission striking the phrase “seasonal items” from the special exception use.

Woods moved an amendment to strike the phrase “seasonal items.”

Outcome on amendment: It passed unanimously.

Woods then suggested inserting language to refer to sales during specific dates. Tapper asked that the reference to dates be somewhat general, because the timing of the sales depends on when the weekends fall around July 4.

Peters proposed adding “for a period of up to 15 days total in the months of June and July.”

Outcome on amendment: It passed unanimously.

Kirk Westphal said he assumed this special exception use couldn’t be transferred. DiLeo clarified that it actually could be transferred to another Class C fireworks vendor.

Woods noted that a new skatepark is opening across the street from this shopping center, at Veterans Memorial Park. So she thought it was important to have a few extra conditions on the special exception use.

Outcome on granting the special exception use, as amended: It passed unanimously.

Fireworks: Patriot

The second special exception use request came from Patriot Fireworks, to put up an 8×40-foot temporary unit and 20×20-foot tent in the parking lot of the Twin Valley shopping center at 2750 Jackson Ave., west of the I-94 overpass. It would be set back 45 feet from Jackson and use 5 of the 75 parking spaces.

Robert Horvath represented Patriot Fireworks.

The business would operate from the Memorial Day weekend through the July 4th holiday, from about noon to 7 p.m., with possible extended hours.

Staff received one call from a resident in the Lakewood neighborhood, located southwest of the shopping center. The resident was concerned that children would cross Jackson Avenue at unsafe locations to get to the fireworks.

Alexis DiLeo of the city’s planning staff reported that staff looked at the site with regard to that concern. She noted that state law restricts fireworks sales to anyone under age 18, so unaccompanied minors wouldn’t likely be crossing Jackson Avenue, she said. “It would be a fruitless cause for them.”

The site is located in Ward 5.

Fireworks: Patriot – Public Hearing

Only one person spoke during the public hearing. Robert Horvath told commissioners that Patriot Fireworks was a local business, with a warehouse on Jackson Road in Scio Township. They sell fireworks at about 40 locations. They’ve been selling fireworks for over a quarter-century, he said. Horvath noted that he’s a “fireworks attorney,” and had sat on the committee that developed the state’s fireworks safety act. “So I’m involved both on a business level, but also on a legal level,” he said.

Fireworks: Patriot – Commission Discussion

Ken Clein asked about plans for signs at this location. Alexis DiLeo replied that businesses are allowed two square feet of signage for every foot of frontage. Since the tent is 20 feet, Patriot would be allowed 40 square feet of signs attached to the tent. They would need a separate city permit for the signs.

Eleanore Adenekan asked how many employees would be on site. Robert Horvath said there would be at least one employee. He described it as more of a “modified store” than a tent, with doors, shelving, lighting and a more controlled environment. It’s also a relatively small area, he noted. They carry about 300 different items.

Jeremy Peters clarified with Horvath that only fireworks would be sold. Horvath didn’t object to striking the term “seasonal items” – as commissioners had done with Phantom Fireworks. But Patriot planned to be open for a longer time than Phantom, he noted.

As she had for the previous special exception use request, Woods moved an amendment to strike the phrase “seasonal items.”

Outcome on amendment: It passed unanimously.

Peters moved an amendment regarding the time of operation, to add the phrase “for a period from three days in advance of Memorial Day, to three days after the July 4th holiday.” Sabra Briere proposed changing “three days after the July 4th holiday” to “July 7.”

Further wordsmithing ensued. Diane Giannola proposed “for a period beginning four days before the Memorial Day holiday and ending four days after the Fourth of July holiday.” Kirk Westphal suggested from May 20 to July 10.

Paras Parekh then proposed “the Thursday before Memorial Day to July 7.” Peters accepted Parekh’s amendment as friendly.

Outcome on amendment: It passed unanimously.

Outcome on granting the special exception use, as amended: It passed unanimously.

Present: Eleanore Adenekan, Sabra Briere, Ken Clein, Diane Giannola, Paras Parekh, Jeremy Peters, Kirk Westphal, Wendy Woods. Also: City planning manager Wendy Rampson.

Absent: Bonnie Bona.

Next meeting: Tuesday, June 3, 2014 at 7 p.m. in council chambers at city hall, 301 E. Huron. [Check Chronicle event listings to confirm date]

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Rendering of Mark Condominium proposal, as viewed from West Liberty next to the former Moveable Feast building.

The proposal from developer Alex de Parry is to demolish an existing car wash at 318 W. Liberty and build an 11,910-square-foot structure with seven residential condominiums – five two-bedroom and two three-bedroom units. Each condo would have its own two-car tandem garage for a total of 14 parking spaces, although no parking is required.

The lot, on the north side of Liberty, is east of the historic Peter Brehme house at 326 W. Liberty and located in the Old West Side historic district. The historic district commission issued a certificate of appropriateness for the project on March 13, 2014.

The project would require two footing drain disconnects, according to a staff memo. In addition, the existing six-inch water main in West Liberty Street would need to be upsized to a 12-inch water main. The six-inch main wouldn’t have the capacity to handle the additional development, particularly the building’s fire-suppression system. That was the reason for postponement. [.pdf of staff memo]

De Parry told commissioners that the development team had just been informed about this issue last week, and they are now analyzing the budget impact and alternatives that they might pursue.

The project is expected to cost $2.7 million.

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