The easement was recommended for approval by the Ann Arbor park advisory commission at its March 19, 2013 meeting. [.pdf of easement agreement] The council’s action came at its April 15, 2013 meeting.

DTE Energy Buckler substation site plan. (Links to larger image)

The easement agreement is needed so that DTE can remove old utility poles and install new poles and overhead lines – generally in the same location as existing poles and lines at Riverside Park. The easement allows DTE to provide maintenance on those poles and lines. DTE requested the easement in relation to an $8 million new electrical substation that the energy firm is building on land adjacent to the park. The Buckler substation’s site plan was approved last year by the city’s planning commission on June 5, 2012. It did not require city council approval.

The overall project entails building the substation in the utility company’s Ann Arbor service center – to provide a way to distribute an increase in electrical power to the downtown area due to increased demand for electricity. The project includes two 15.5-foot tall electrical transformers and related electrical equipment on raised concrete pads, and a new power delivery center (PDC) – a 630-square-foot, 12.5-foot tall steel structure. The source of power will be transmitted through underground sub-transmission cables in an existing manhole and conduit system.

The project also needed a variance to the 15-foot conflicting land use buffer requirements along the east side property line, adjacent Riverside Park. DTE requested a variance that would allow the firm to plant 23 trees along the far western side of Riverside Park instead of on DTE property. PAC recommended approval of that variance at its Feb. 28, 2012 meeting. It was subsequently authorized by the zoning board of appeals on June 27, 2012.

In addition to planting trees in the buffer, DTE plans to remove 15 trees along Canal Street, which will be replaced by 50 trees in other parts of the park. As stipulated by city ordinance, DTE also will be required to pay the city a “tree canopy loss” fee. According to the city’s urban forestry website, the current canopy loss rate is $186/inch for shade trees and $172/inch for ornamental trees. For this project, DTE will pay $23,800, which will be earmarked for future improvements to Riverside Park.

Construction on the substation will take place during the summer of 2013.

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

Erica Briggs is ending her term on the Ann Arbor planning commission at the end of June, and is not seeking reappointment. At the June 5 meeting, she lobbied unsuccessfully to postpone a DTE Energy project, arguing that the community needs a broader discussion about whether providing unlimited energy fits the city’s long-term goals of energy reduction.

The estimated $10 million project by DTE to build a new electrical substation was met with caution by commissioner Erica Briggs, who urged her colleagues to postpone the proposal. DTE is building the substation to meet increased energy demands in the city.

The project – called the Buckler substation – had previously been discussed at the commission’s May 15, 2012 meeting, which Briggs did not attend. When the item came up again at the June 5 meeting, she argued that a broader conversation about the community’s energy needs is needed. It’s a rare opportunity for that, she noted, given that projects like this don’t occur frequently – the last Ann Arbor substation was built in the 1960s. She used an analogy to transportation: If a proposal came in to widen all the roads in the community, that idea wouldn’t automatically move forward – because people would stop to discuss whether this is what they want for the city. The DTE project will essentially widen the energy capacity for the city, she said, at a time when the community is talking about the need to reduce its energy use.

As examples, Briggs noted that the city is moving forward with sustainability goals, as well as with a climate action plan. Later in the meeting, the commission unanimously recommended approval of 16 sustainability goals, including three that relate to climate and energy. One of the goals calls for the city to “reduce energy consumption and eliminate net greenhouse gas emissions in our community.”

Briggs made a motion to postpone the substation proposal, but it died for lack of a second as none of the other commissioners at the meeting were supportive of another postponement. A possible ally on the issue – commissioner Bonnie Bona, who works for the nonprofit Clean Energy Coalition – did not attend the June 5 meeting. The project was approved on a 5-1 vote, with Briggs dissenting and three commissioners absent. It does not require further approval by city council.

Another proposal that had been postponed from an earlier meeting in May – Maple Cove Apartments & Village development – was taken up again on June 5. The two apartment buildings and seven single-family homes are proposed at 1649 N. Maple, north of Miller Road between North Maple and Calvin Street on the city’s west side. Safety concerns over two planned entrances off of North Maple had caused the previous postponement, but planning staff reported that the entrances conform to city code.

Two residents of Calvin Street spoke during a public hearing, both of them objecting to the project. Several commissioners also expressed disappointment in the project, as they had at earlier meetings. But they noted that because it conforms to the city’s ordinances, they had no choice but to approve it. Briggs said it pointed to the need to reexamine some problems in the city code that led to this situation. The commission’s unanimous recommendation of approval will be forwarded to city council for consideration.

The vote on a project located near Maple Cove – a proposed Speedway gas station at the northeast corner of Maple and Miller – was postponed by commissioners. City planning staff had recommended postponement, to allow the owner to make requested revisions in a landscaping plan and traffic impact statement.

Two other requests were approved, both related to rezoning of land acquired by the city: (1) two parcels for an expansion of the Bluffs Nature Area, and (2) a site adjacent to the Bryant Community Center. In both cases, commissioners recommended that city council rezone the sites to PL (public land).

DTE Buckler Substation

Following a postponement by the planning commission at its May 15, 2012 meeting, the site plan for a new DTE Buckler electrical substation at 984 Broadway near Canal Street was on the agenda again for the June 5 meeting.

The project entails building the substation in the utility company’s Ann Arbor service center – to provide an increase in electrical power to the downtown area due to increased demand for electricity. The project will include two 15.5-foot tall electrical transformers and related electrical equipment on raised concrete pads, and a new power delivery center (PDC) – a 630-square-foot, 12.5-foot tall steel structure. A new six-foot tall perimeter chain link fence will be built, with one foot of barbed wire and a concrete block retaining wall. The source of power will be transmitted through underground sub-transmission cables in an existing manhole and conduit system.

Because of floodplain issues, DTE has proposed to build raised transformer pads by bringing in 800 cubic yards of fill. To mitigate that impact to the floodplain, DTE plans to remove 1,155 cubic yards of earth on the MichCon site at 841 Broadway. [MichCon is a DTE subsidiary.] The proposal also calls for removing a building on the MichCon site, which will give the company an additional 55 cubic yards of  ”floodplain mitigation credit.” The proposal for that MichCon portion of the project received unanimous approval by planning commissioners at their May 15, 2012 meeting.

DTE Energy Buckler substation site plan. (Links to larger image)

The project also needs a variance to the 15-foot conflicting land use buffer requirements along the east side property line, adjacent to Riverside Park. DTE requested a variance that would allow 33 trees and 38 shrubs to be planted along the far western side of Riverside Park instead of on DTE property. The city’s park advisory commission recommended approval of that variance at its Feb. 28, 2012 meeting.

Planning staff had previously requested a postponement to resolve some outstanding issues with the site plan, which were addressed by the June 5 meeting.

The June 5 approval came with several contingencies, however: (1) obtaining variances from the city’s zoning board of appeals for the conflicting land use buffer and storm water detention requirements; (2) obtaining a Michigan Dept. of Environmental Quality (MDEQ) permit for work within the floodplain, prior to issuance of building permits; (3) relocating a fire hydrant and construction of its associated water main, prior to the issuance of building permits; (4) completing the required footing drain disconnects, prior to final inspection approval; and (5) executing the contract for water main easements, prior to final inspection approval.

DTE Buckler Substation: Public Hearing

Only one person spoke during the public hearing. Mike Witkowski, DTE planning engineer for Washtenaw County, thanked the planning staff and said he wanted to reiterate the critical nature of this project. As he’d done at the May 15 meeting, he noted that from 2009 to 2011, summer peak loads were up 12% for the Ann Arbor area, and 17% for the mile radius around the nearby Argo substation, located across Broadway at the intersection with Swift. Without this project, there is an increased risk of brownouts or blackouts, he said. DTE has already upgraded its infrastructure somewhat to combat that, but the new substation would allow the company to serve new businesses and address future demand.

Witkowski thanked the staff and commission for getting the project back on the agenda. The company needs to order a $500,000 piece of equipment soon, he said, in order to ensure delivery by January or February of 2013. If that window is missed, they’d likely have to wait until April of 2013 to install it, and that puts DTE’s ability to serve next summer’s loads at risk.

DTE Buckler Substation: Commission Discussion

Erica Briggs started off by saying she’d missed the May 15 meeting, but she had watched it on video and had noted that one big question hadn’t been raised. “Brace yourself,” she added – it’s a little radical.

Briggs expressed concern that the commission hadn’t done its due diligence with respect to looking at the city’s long-term energy needs. It’s great that DTE is trying to be proactive in meeting its customers’ energy demands, she said, but the community of Ann Arbor has a different agenda. The last time that a substation was built in Ann Arbor was in the 1960s, she observed, so these discussions don’t arise frequently.

The city is moving forward with sustainability goals, Briggs noted, as well as with a climate action plan. [Later in the meeting, the commission unanimously recommended approval of 16 sustainability goals, including three that relate to climate and energy. One of the goals calls for the city to "reduce energy consumption and eliminate net greenhouse gas emissions in our community." .pdf of sustainability goals]

Briggs drew an analogy to road expansion – if someone proposed to widen all of the roads in Ann Arbor, people would see the need to take a step back and have a broader discussion about that, she said. There are parallels to energy use. One way to limit the community’s energy consumption it so limit the supply of energy, she said. Briggs added that she realized it’s not entirely in the city’s control. But she’d recommend postponing action on this project in order to have a broader conversation, even though they ultimately might arrive at the same conclusion.

She also asked whether there had been discussions along these lines that she might not be aware of, regarding future energy needs.

Planning manager Wendy Rampson replied that there have been discussions about greenhouse gas emissions, and DTE has been at the table with the city’s energy commission and others on that issue. The electrical grid for the downtown area has been discussed for more than a decade, she said, regarding the city’s growing energy needs to support downtown density. The energy commission has understood that this project would be moving forward, Rampson said, and while she didn’t know the details of that discussion, no one told DTE “don’t do this.”

The climate action plan will look at reducing energy use and using cleaner energy, Rampson said, but she hadn’t heard any discussion about limiting energy availability. Rampson noted that planning commissioner Bonnie Bona serves on the climate action plan task force – but Bona did not attend the commission’s June 5 meeting. A draft of the climate action plan will be coming to planning commissioners in the fall, Rampson said.

Briggs said she recognized that she was asking to postpone a $10 million investment in Ann Arbor’s energy infrastructure. But if the goal is to significantly reduce the amount of energy that the community is using, this is a tool to do that, she said. It concerned her that they hadn’t talked about it, and she wondered what other commissioners thought.

From left: DTE staff Mike Witkowski and Paul Ganz.

Tony Derezinski told Briggs that she’d made some good points regarding future planning, but the problem is that this project is in front of them today. He said he heard her angst. He recalled that when the mayor of Tübingen, Germany, had visited Ann Arbor last year as part of a delegation from that city – one of Ann Arbor’s sister cities – energy use had been one of the topics they discussed.

But this DTE project has a timeframe that’s very urgent, Derezinski said. He agreed that this issue should be discussed, and said he hoped to do it at an appropriate time.

Eric Mahler felt that DTE had laid out its needs, but he asked whether the company’s representatives could talk about its renewable energy efforts. He agreed with Briggs to some extent. On the one hand, there’s a sense of pride because Ann Arbor’s economy is growing again. On the other hand, there are concerns about future energy use.

Paul Ganz, DTE’s regional manager, described the situation as a convergence of two issues. One is the distribution grid’s needs, which are entirely separate from green energy needs. The Argo substation has grown to its maximum capacity, he said, and now DTE is trying to fill a 26 megawatt “hole” that has grown in the middle of the area that the substation serves – from hotels, restaurants, and other developments, and the University of Michigan medical center, to some extent. That is driving the need for a new substation. Projects that have previously been approved by the planning commission are adding to that energy demand. The company is responding to that need with an $8-10 million investment, he said.

That’s separate, Ganz added, from DTE’s goal of generating 10% of its energy from renewable sources by 2015, or from its $4 billion investment in wind farms.

Briggs said that obviously there’s a need for green energy, but the other question is about the amount of energy that the community uses. That’s an issue of sustainability. The problem with delaying a conversation on this topic is that there hasn’t been an opportunity like this since the 1960s, and it might be another 40 years before another opportunity arises, she said. ”This is our opportunity, so I don’t want to let that pass by and rubber stamp something because a large piece of equipment needs to be purchased.”

Briggs again used a road analogy. In communities that don’t have a lot of traffic congestion, there’s no need to talk about alternative transportation – it’s not an issue. In Ann Arbor, people talk about alternative transportation because they don’t want to build another expensive parking structure. The same thing is happening with the city’s energy infrastructure, she said, and the community needs to think about that. Maybe a few blackouts will make people recognize that they have a responsibility to do something about it.

Acknowledging that she didn’t sense much support around the table, Briggs made a motion to postpone.

Outcome: No one seconded the motion to postpone, so it died without moving to a vote.

Wendy Woods said she understood what Briggs was saying. Some discussions are taking place at the energy commission, she noted. Woods suggested that for future projects, perhaps the planning staff memo can include a paragraph indicating how much energy would be required for each project. Her understanding was that the energy from the new Buckler substation is already half “used up” from pent-up demand. She pointed to the needs of the University of Michigan as another factor.

Mike Witkowski of DTE clarified that UM serves about 90-95% of its energy needs from its own system. The Kellogg Eye Center, for example, is served by the university’s power facilities.

Outcome: The project was approved on a 5-1 vote, with dissent from Erica Briggs. Three commissioners – Bonnie Bona, Evan Pratt and Kirk Westphal – were absent. The project does not require additional approval from the city council.

Sustainability Goals

The planning commission was asked to recommend that a set of 16 sustainability goals be incorporated into the city’s master plan.

The sustainability goals are in four categories: resource management; land use and access; climate and energy; and community. The goals were culled from more than 200 already found in existing city planning documents, as part of a project that began in early 2011. It’s been funded by a Home Depot Foundation grant. [.pdf of sustainability goals]

This work by city staff was initially guided by volunteers who serve on four city advisory commissions: park, planning, energy and environmental. Members from those groups met at a joint working session in late September of 2011. Since then, the city’s housing commission and housing and human services commission have been added to the conversation. A series of panel discussions on each category topic was held earlier this year, as was a public forum to solicit input.

Additional background on the Ann Arbor sustainability initiative is on the city’s website. See also Chronicle coverage: “Building a Sustainable Ann Arbor,” “Sustaining Ann Arbor’s Environmental Quality,” “Land Use, Transit Factor Into Sustainability,“ and “Final Forum: What Sustains Community?”

Jamie Kidwell, who has served as the staff point person for this project, reported that four other commissions have already recommended approval of the goals. The housing commission will vote on a recommendation later this month. If approved, these relatively general goals would be fleshed out with more detailed objectives and action items.

No one spoke during a public hearing on the goals.

Sustainability Goals: Commission Discussion

Tony Derezinski said he regretted that Bonnie Bona wasn’t at the meeting – because this was a challenge that she had taken on over the past few years, he noted, and she accomplished what she set out to do. [Bona served as chair of the planning commission when the sustainability effort began.]

Evan Pratt thanked planning manager Wendy Rampson and Matt Naud, the city’s environmental coordinator, for taking the initiative to apply for the Home Depot Foundation grant, which provided $95,000 to pay for staff support of the project. He also pointed to the city council’s role, saying that councilmembers see this as a visionary document.

Outcome: The commission voted unanimously to recommend that the 16 sustainability goals be incorporated into the city’s master plan. The recommendation will be forwarded to city council.

Maple Cove

For the third time, the planning commission considered a site plan for the Maple Cove Apartments & Village development. The project is located on 2.96 acres at 1649 N. Maple, north of Miller Road between North Maple and Calvin Street on the city’s west side.

The plan calls for combining two sites – 1649 N. Maple and 1718 Calvin – and demolishing an existing single-family home and detached garages there. Two 3-story apartment buildings would be built with a 64-space parking lot and eight bike spaces. The project also includes building a private street to serve seven new single-family houses near Calvin Street, but with an entrance off of North Maple. The apartment complex would have a separate entrance, also off of North Maple.

The project has a somewhat unusual history. Planning commissioners originally approved it at their March 20, 2012 meeting. But that vote was rescinded because Scio Township residents on Calvin Street had not been included in an original public notice mailed out for the commission’s March meeting.

Several residents attended the commission’s May 1, 2012 meeting to protest the development. Although there were no changes to the plan in the interim period between March 20 and May 1, commissioners voted to postpone action to get more information from the traffic engineer about whether the proposed two separate entrances to the property created a health, safety and welfare hazard.

According to city planning staff at the June 5 meeting, the city’s traffic engineer raised some concerns, but he subsequently confirmed that the site plan – with two entrances off of North Maple – does conform to city code.

In giving the planning staff’s report, planning manager Wendy Rampson said that if the two entrances cause problems in the future, then the traffic engineer could decide to close one of the entrances. But it can’t be pre-assumed that the two entrances will cause a problem, she said.

Maple Cove: Public Hearing

Two residents of Calvin Street spoke during a public hearing on the Maple Cove project, both expressing concerns about its impact on their neighborhood. Other residents had spoken against the project at previous planning commission meetings on March 20 and May 1.

Several representatives of the owner  – Muayad Kasham of Dynasty Enterprises – attended the June 5 meeting, but did not address the commission.

The entrance to Calvin Street, a private road off of Miller Road just west of North Maple.

Minda Hart had emailed commissioners before the meeting. [.pdf of Hart's email] At the hearing, she began by saying she was dismayed by this project. Obviously the planning commission intended to approve it, she said, but why wasn’t there any planning or attempt to address concerns of residents on the street? It’s a very rural street, not like any other street in the area, she said. [Calvin Street is a private dirt road, with one entrance/exit off of Miller Road, just west of North Maple.] Hart said she’s lived there for 18 years, and some people have lived there for as long as 47 years – the street’s residents are not transient.

Hart said she learned about the Maple Cove project from one of her neighbors – there had been no warning that it was happening, she said. When she had taken courses on planning at the University of Cincinnati years ago, Hart said she’d learned that people are important in the planning process. But it seems like the Ann Arbor planning commission isn’t taking residents of Calvin Street into consideration.

Noting that there are many trees along the street, Hart said it seems the developer will be taking down a lot of large trees, and that’s upsetting to her. When a project had been proposed for the same site several years ago, it had been for an office building, she said, and nobody had objected to that. Now, it’s for a high density apartment building, when there’s already a lot of vacant housing in Ann Arbor, she said. The additional traffic will be touch-and-go, down a street that’s traveled by students going to Skyline High School. Traffic will increase on Miller too, she said, and it’s already difficult to turn out of Calvin onto Miller.

Another resident of Calvin Street, Cheryl Shavalia Brown, noted that she had spoken to commissioners at a previous meeting. She wanted the developer to be aware that Calvin Street was private, and that there would be no construction traffic allowed on the street. She said she’d be outside with her notebook and camera, and would contact the police if anyone trespassed. She’d be keeping a close eye on things. Brown also said that residents would appreciate some kind of fencing along the property line that backs up to Calvin Street.

Maple Cove: Commission Discussion

Erica Briggs pointed out to the owner – Muayad Kasham of Dynasty Enterprises – that there’s been a lot of disapproval about the project, and that’s a shame. It points to the need for better planning. Perhaps there are some issues that couldn’t be resolved, like the project’s density. But she felt the smaller issues could have been worked out. It’s a shame that there’s already animosity in the neighborhood, Briggs said, even before construction has started. She suggested that the developer sit down with the neighbors and work on some of these smaller issues.

Briggs also felt it was a “failing on our part” not to properly educate residents about the implications of the previous zoning change, which later allowed for this residential project to take place. Neighbors had supported the office project, but hadn’t been aware that the rezoning would permit for residential development too. Going forward, it would be good to educate residents about the full spectrum of zoning issues, she said.

Further, the project points to problems in the city’s zoning code, Briggs said, as well as Chapter 47 of the city code, which relates to streets and sidewalks. She hoped the commission’s ordinance review committee would look into it.

There are a lot of problems with the Maple Cove project, Briggs concluded, ”but I don’t see a way around [approving] it.”

Tony Derezinski said he agreed with Briggs. He also pointed to the caveat that planning manager Wendy Rampson had mentioned – that if a traffic problem emerges, it can be addressed. There were many other issues that had been raised in a heartfelt way, he said. He noted that the developer had sent the commission a letter, pledging to make sure the project complied with all of the city’s ordinances. If the project meets the city’s requirements, it can move ahead, Derezinski said. So because it conforms to city code, Derezinski said he’d support it.

Perhaps some of the city’s ordinances do need a review, he said – that is happening with the R4C/R2A zoning. [An advisory committee has been reviewing the R4C/R2A residential zoning districts. See Chronicle coverage: "Planning Group Weighs R4C/R2A Report."] Derezinski reported that he had visited the Maple Cove site and walked around the property – “I did not trespass on Calvin,” he quipped. The site could use some improvement, and this project does that, he said. It’s hard to predict what might happen in 10 or 12 years. You make your best judgment, he said, and right now, the project complies with the city’s ordinances.

Wendy Woods said she still had concerns about the two entrances/exits onto North Maple, but she understood that the developer could move forward with this site plan. Even so, she encouraged him to reconsider. This project would likely move forward for city council approval, she said, and it would help to compromise, even just a little. Like Derezinski, Woods pointed to Kasham’s letter, noting that he says he cares about Ann Arbor. From the letter:

We want you to know that the developers are a team of siblings, all born and raised in the great city of Ann Arbor and are end products of the Ann Arbor Public School system. My family and I have a strong vested interest in the community, as we too are longstanding members of Ann Arbor. We have made a commitment to remain in this great community to raise our families and invest in it.

We want you to be reassured that we are working very hard to ensure that this project serves in the best interest of the community while addressing the market needs for both single family and apartment living space. We have selected a team of local and reputable civil engineers and architects to work on this project in an effort to ensure best methods/techniques and advancements are utilized to facilitate the plans of the project. [.pdf of entire letter]

Woods noted that Kasham might have additional opportunities to look at this project, and she hoped he would. In the long-run, she concluded, compromise works better than holding a stick.

From left: Senior assistant city attorney Kevin McDonald and Eric Mahler, chair of the Ann Arbor planning commission.

Eleanore Adenekan said she would support the project too – the city’s competent planning staff has recommended approval, she noted, and the owner is in compliance with the law. But she was disappointed that the project had been considered three times, and the owner hasn’t changed the project, cooperated, or responded to the neighbors’ complaints.

Eric Mahler was the final commissioner to weigh in, saying he remained dismayed over the lack of a sidewalk along the private drive leading from North Maple to the single-family homes. The developer dropped the ball on that important safety feature.

But Mahler took issue with criticism that had been levied against the planning staff and commission during the public hearing. There had been three meetings with opportunities for public input, he noted. The planning staff had taken into account everything that was said, and Mahler said he was proud of what they’d done. The project is not what it could be, he concluded, “but it is what it is.”

Outcome: The commission’s vote was unanimous, with six of the nine commissioners present. Absent were Bonnie Bona, Evan Pratt and Kirk Westphal, The commission’s recommendation will now be forwarded to the Ann Arbor city council for its consideration.

Speedway Gas Station

An agenda item for a project just south of Maple Cove was a site plan for a Speedway gas station at 1300 N. Maple. The project is located at the 1.39-acre site on the northeast corner of Miller and North Maple roads. The proposal also included a request to rezone a portion of the site from PL (public land) to C3 (fringe commercial).

Site of a proposed Speedway gas station at the northeast corner of Maple and Miller.

The plan calls for demolishing an existing 1,500-square-foot vacant service station building, which was built in the 1950s, and constructing a new 3,968-square-foot, single-story gas station and convenience store with five pumps. The gasoline pumps will be covered by a 28-foot by 121-foot canopy. Fourteen parking spaces will be provided next to the convenience store, and six bicycle hoops will be located on the south side of the building, adjacent to a sidewalk leading to Miller.

According to a staff report, underground storage tanks have been removed and an environmental analysis of the site is underway. If any environmental contamination is found, the owner will be required to remediate the site to meet requirements of the Michigan Dept. of Environmental Quality.

The rezoning relates to a previous site plan that was approved in 1972 but never built. That plan provided a 30-foot dedicated public easement along the eastern and northern sides of the site, intended as a greenway for the adjacent Garden Homes neighborhood. However, even though the strip was zoned as public land, it remained in private ownership. The easement for public access will remain, despite the rezoning.

The planning staff recommended postponing action on the site plan and rezoning, to allow more time for the owner to address issues related to landscaping and the traffic engineer review.

One person representing Speedway – Kevin Foley of Grand Rapids – spoke briefly during a public hearing on the item. He introduced himself and said he was available for questions.

Speedway Gas Station: Commission Discussion

Tony Derezinski said he felt obligated to ask a question of Kevin Foley, since Foley had traveled all the way from Grand Rapids to attend the meeting. Derezinski asked if there are any time constraints related to the project.

Foley replied that it’s budgeted for this year, and the company would like to start in early September and finish before winter weather hits. But to get everything in place to everyone’s satisfaction, he acknowledged that it sometimes takes many months.

Derezinski asked if Foley saw any insurmountable problems in getting the requested revisions to the landscaping plan and traffic impact statement. No, Foley said. He hoped that the outstanding issues could be resolves so that the proposal would be placed on the planning commission’s June 19 agenda.

With that, Derezinski made a motion to postpone.

Outcome: Commissioners unanimously voted to postpone action on the Speedway site plan, based on the planning staff’s recommendation.

Rezoning for Bluffs Nature Area

On the June 5 agenda was an item recommending the rezoning of two parcels that were recently acquired for expansion of the Bluffs Nature Area at 1099 N. Main St., north of Sunset Road.

The entrance to the Elks lodge on Sunset. The drive leads to a parking lot behind the lodge, with access to a trailhead to the Bluffs Nature Area.

A 1.12-acre parcel to the north of the Bluffs – connecting the existing parkland to Huron View Boulevard – is currently zoned O (office), and had been donated to the city by a nursing home near that site. A 0.57-acre addition to the south connects the existing parkland to Sunset Road and is currently zoned R4C (multiple-family dwelling). It had been purchased by the city from the Elks lodge, using funds from the open space and parkland preservation millage. Both parcels were recommended to be rezoned as PL (public land).

Alexis DiLeo, the city planner who gave a staff report on this item, told commissioners that the parcels make the nature area more accessible. Though there is frontage onto North Main, there’s no easy access there for pedestrians or cyclists.

No one spoke during a public hearing on the rezoning.

Rezoning for Bluffs Nature Area: Commission Discussion

Diane Giannola asked if access was immediately available through the parcels. DiLeo replied that the deeds have already been transferred to the city – the city owns the property. She wasn’t sure about the long-range plans for these entrances, in terms of signs and additional infrastructure. That will be handled by the city’s parks staff.

Giannola observed that there aren’t many access points to this nature area. Is there a path that can be accessed from these new parcels?

The parcel near the Elks lodge has a trailhead adjacent to a parking lot. There had previously been an informal arrangement with the lodge that people could use the parking lot to access the trail, DiLeo said. Erica Briggs indicated that people can access a trail from the north parcel as well, off of Huron View Boulevard. Briggs said she’s glad to see the property rezoned, and called the nature area a “hidden park in our community.” She hoped that it now could become better known.

Outcome: Commissioners voted unanimously to rezone the parcels for Bluffs Nature Area. The recommendation will now be forwarded to the Ann Arbor city council for its consideration.

Rezoning for Bryant Community Center

Commissioners were asked to recommend rezoning of an 0.2-acre site at 5 W. Eden Court from R1C (single-family dwelling) to PL (public land). No one spoke at a public hearing on the proposal.

This land was recently purchased by the city for $82,500 using funds from the city’s open space and parkland preservation millage – a purchase approved by the Ann Arbor city council at its Sept. 6, 2011 meeting. The site is located next to the city’s Bryant Community Center in the Arbor Oaks neighborhood off of Stone School Road, north of Ellsworth.

During her staff report, city planner Alexis DiLeo said the property contains a single-family home that will be used by the community center to expand its operations. Eventually, the center would like to renovate the interior and build an addition to connect the two buildings, she said. The center is managed under contract with the nonprofit Community Action Network.

Outcome: With no discussion, commissioners unanimously voted to recommend rezoning of the property. The recommendation will be forwarded to the city council for its consideration.

Present: Eleanore Adenekan, Erica Briggs, Tony Derezinski, Diane Giannola, Eric Mahler, Evan Pratt (arriving at 8:10 p.m.), Wendy Woods.

Absent: Bonnie Bona, Kirk Westphal.

Next regular meeting: The planning commission next meets on Tuesday, June 19, 2012 at 7 p.m. in the second-floor council chambers at city hall, 301 E. Huron St., Ann Arbor. [Check Chronicle event listings to confirm date]

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Commissioner Erica Briggs made a motion to postpone again, but it died for lack of a second. Briggs had not attended the commission’s May 15, 2012 meeting when this proposal was first discussed, and she expressed concern that the commission had not undertaken a broader conversation about the community’s energy needs. It was a rare opportunity for that, she noted, given that projects like this don’t occur frequently. She used an analogy to transportation – if a proposal came in to widen all the roads in the community, that wouldn’t automatically move forward. This project will essentially widen the energy capacity for the city, at a time when the community is talking about the need to reduce its energy use, she said. None of the other commissioners at the meeting were supportive of another postponement.

The project entails building the new Buckler substation in the utility company’s Ann Arbor service center – to provide an increase in electrical power to the downtown area due to increased demand for electricity. The project will include two 15.5-foot tall electrical transformers and related electrical equipment on raised concrete pads, and a new power delivery center (PDC) – a 630-square-foot, 12.5-foot tall steel structure. A new six-foot tall perimeter chain link fence will be built, with one foot of barbed wire and a concrete block retaining wall. The source of power will be transmitted through underground sub-transmission cables in an existing manhole and conduit system.

Because of floodplain issues, DTE has proposed to build raised transformer pads by bringing in 800 cubic yards of fill. To mitigate that impact to the floodplain, DTE plans to remove 1,155 cubic yards of earth on the MichCon site at 841 Broadway. [MichCon is a DTE subsidiary.] The proposal also calls for removing a building on the MichCon site, which will give the company an additional 55 cubic yards of  ”floodplain mitigation credit.” The proposal for this MichCon portion of the project received unanimous approval by planning commissioners at their May 15, 2012 meeting.

Staff had previously requested a postponement to resolve some outstanding issues with the site plan, which were addressed by the June 5 meeting. The June 5 approval came with several contingencies, however: (1) obtaining variances from the Zoning Board of Appeals for the conflicting land use buffer and storm water detention requirements; (2) obtaining a Michigan Dept. of Environmental Quality (MDEQ) permit for work within the floodplain, prior to issuance of building permits; (3) relocating the fire hydrant and construction of associated water main, prior to the issuance of building permits; (4) completion of required footing drain disconnects, prior to final inspection approval; and (5) execution of water main easements, prior to final inspection approval.

The project was approved on a 5-1 vote, with dissent from Briggs. Three commissioners – Bonnie Bona, Evan Pratt and Kirk Westphal – were absent. The project does not require additional approval from the city council.

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

Sherry Knight Bedolla speaks to the Ann Arbor planning commission at its May 15, 2012 meeting. Her father, Ray Knight, bought the former Ty's Market on the corner of Spring and Miller in 1952. Knight's Market is seeking to expand and add a bakery in the current single-family house. They are asking the city to rezone the property from residential to C1 commercial. (Photos by the writer.)

The city’s fiscal year ends June 30. Year to date, 10 zoning or planned unit development (PUD) applications have been received, compared to one in fiscal year 2011. Twenty-one site plans have been submitted this year, compared to 13 in FY 2011. And 494 zoning compliance reviews have been completed this year for building permits, up from 215 in FY 2011 – a 129% increase.

At the commission’s May 15 meeting, five projects were considered. The one drawing most interest from residents was a proposed expansion of Knight’s Market at the corner of Spring and Miller. The plan calls for an addition on the current market building, which has been run by the Knight family since 1952. Three parcels would be combined into one that would be rezoned as C1 (local business), allowing the Knights to turn one of two single-family homes next to the market into a bakery. The bakery wouldn’t have a retail space – it would be used to make products for the market and the family’s restaurants in Ann Arbor and Jackson.

Ten people spoke during a public hearing on the project,  mostly residents of the neighborhood. They expressed support and gratitude for the Knights and their business, but raised concerns about increased truck traffic and “commercial creep.” Residents were also cautious about the future of the site, if ownership changes hands after the property is rezoned for commercial uses.

Speaking on behalf of the family, Sherry Knight Bedolla assured commissioners that there are no plans to sell to a developer – the family simply needs to meet demand for its baked goods, she said. The bakery would also be used to repackage food from the restaurant into ready-to-eat meals that would be sold in the market. At the planning staff’s request, commissioners ultimately voted to postpone action on the project to allow time for additional review.

Also postponed was action on the site plan for DTE Energy’s Buckler electrical substation at 984 Broadway near Canal Street. DTE hopes to build the substation in the utility company’s Ann Arbor service center to provide an increase in electrical power to the downtown area, due to increased demand for electricity. The project is expected to be back on the planning commission’s June 5 agenda. A companion project – a site plan for remediation of the nearby MichCon property on Broadway – was unanimously approved, assuming that a list of contingencies are met.

Two other projects were also unanimously approved: (1) an expansion of parking for the Wintermeyer office complex on South State; and (2) a temporary retail sales special exception use for Phantom Fireworks, to sell fireworks in the parking lot of Colonial Lanes at 1950 South Industrial Highway.

Knight’s Market Expansion

Ann Arbor planning commissioners were asked to consider a request from Knight’s Market – a rezoning and site plan proposal to allow the neighborhood market to expand and add a bakery. City planner Alexis DiLeo gave the staff report.

Knight’s Market is located at the northeast corner of Spring and Miller. The market’s owner, Ray Knight, also owns two separate, adjacent parcels. (Knight is perhaps best known for his family’s restaurant, Knight’s Steakhouse, located at 2324 Dexter Ave.) The grocery store is on land zoned zoned C1 (local business) and M1 (light industrial). Another parcel at 306-308 Spring St. has two zoning designations – R2A (two-family dwelling) and M1 – and contains two single-family homes and part of a parking lot. The third parcel at 310 Spring St. is also zoned R2A and M1 and contains the other half of the store’s parking lot. All three parcels are currently non-conforming in some way, according to a staff report, and are located in the 100-year Allen Creek floodplain.

The proposal from Knight’s involves several steps. The request calls for 306, 308 and 310 Spring to be rezoned to C1. That rezoning would allow the building at 306 Spring to be converted into a bakery, although the intent is to leave the exterior of the house intact. The rezoning would also allow for approval to build a 1,200-square-foot addition to the existing grocery store and to expand, reconfigure, and improve the existing parking lot. In addition, the plan requests that 418 Miller Ave. – the site of the existing grocery – also be rezoned to C1.

The proposed work to the parking lot includes providing three additional spaces (for a total of 17 parking spaces), a designated snow pile storage area, solid waste and recycling container storage enclosure, right-of-way screening, conflicting land use buffer, and rain gardens for storm water management. An unused curbcut on Miller Avenue would be removed and the curb and lawn extension would be restored there. A temporary storage building at 418 Miller would be removed. The house at 310 Spring would remain a single-family dwelling.

The staff report notes that a neighborhood meeting in September 2011 drew about 10 people, who raised concerns about the proposed bakery at 306 Spring, as well as possible future uses for adjacent land also owned by Knight at 314 and 422 Spring, which are not part of the current proposal.

Knight’s Market Expansion: Public Hearing

Ten people spoke during the project’s public hearing. Architect Dick Fry described more details of the project. The site will be “cleaned up,” he said, including removal of a trailer that’s been illegally located there for years. No changes to the footprints of the two houses are planned, and the parking is being expanded. He noted that members of the Knight family were attending the meeting – they had been raised on this property. Fry noted that he’s heard speculation about the rezoning being requested in order to sell out to a big developer. That’s not their intention, he said. The Knights need more room to prepare food that will be sold at the grocery.

Dick Fry, the architect for the Knight's Market expansion.

He said the Knights have agreed to accept the floodplain lines, rather than taking a stand and showing documents that indicate the floodplain had been drawn in a different location when the project first started. They’ll be floodproofing the building – pulling off the siding and putting up brick, which will also make the building look nicer, he said. Fry also told commissioners that there are plans to put up signs – many people don’t know it’s a market. [The building is marked only by black knight chess icons on the sides facing Miller and Spring. The door into the building is off of the parking lot – there is a relatively new sign on that side of the structure, next to the door.]

Sherry Knight Bedolla spoke on behalf of the Knight family. Ray Knight is her father, she said, and two of her four brothers – Jeff and Don – were at the meeting, along with her brother-in-law, Vernon Bedolla. They all work or have worked in the store or at Knight’s restaurant, and want to keep those businesses going. She gave a bit of history about the store, explaining how the small local market became known for its quality meat. She said she was amazed that it’s still in business, after big supermarkets became popular. Yes, the store’s prices are a bit more expensive than larger groceries, she said, but not overly priced. It serves the neighborhood and community. She said she grew up in the house next to the market, and some family members still live in the neighborhood. They don’t plan on going anywhere or selling out.

They aren’t looking to make huge changes, Bedolla said, but she noted that it’s been about 50 years since they’ve made major improvements. They want to make the outside look nicer. If rezoning for the bakery is approved, they’ll be able to do more baking for the restaurants and market, she said. Right now, she can’t satisfy customer demand. They also plan to bring food from the restaurant and package it for ready-to-eat meals that they’ll sell at the store. The changes will also provide jobs for their growing family and others, Bedolla said.

Tim Athan lives on Spring Street, and noted that the project would bring food manufacturing to the neighborhood, with trucks and increased energy use. He said he realized that mixed-use is a tenet of New Urbanism, but this project works against that because it might put the existing bakery – Big City Small World Bakery – out of business. He said he does like mixed-use development, and would like to see the city encourage restoration of older neighborhood stores that already exist.

Athan said it’s a nice neighborhood being encroached on by creeping urban growth. He used to live on Ashley and saw the same thing happen there. He doesn’t want it to happen on “good old Spring Street,” just for the convenience of the Knights. The street already suffers from high traffic, he noted – it’s a well-known cut-through to avoid the stoplights on Main Street. The city’s master plan mandates for reduced neighborhood intrusions, he said, but the city hasn’t helped with that. Each step isn’t bad, but the cumulative effect is negative and transforms the neighborhood. He asked whether anyone would look at the existing Knight’s Market and say that the design they’ve had for decades is big on charm. The proposed plan to use brick is great, but there’s still a long way to go, he said, and past performance should count for something. A sweet neighborhood is being whittled away unnecessarily, he said.

Steve Schewe began by joking that his wife Nancy had told him to speak up. They also live on Spring, and he wanted to read a letter that had been submitted to commissioners earlier. [.pdf of Schewe's letter] He said he’s known the Knights since 1973, and called them ”a classic, hard-working Midwestern family. They are wonderful neighbors and we have complete confidence that they will make improvements in their family-owned and family-operated market that will improve the quality of life in our shared neighborhood.”

Schewe talked about the family’s history and how they help out neighbors by clearing snow or letting people run tabs at the market during tough times. Bob Knight even escorted Nancy Schewe home one night when a murderer had escaped, Schewe said – armed with a baseball bat, Bob Knight had checked to make sure the house was safe for her. Schewe noted that the Knights sell products from local businesses like Mighty Good Coffee, Metzger’s, Ann Arbor Tortilla Factory and Dry Bucket Farms. “The Knights don’t make reckless moves,” Schewe said. “They are slow and cautious, and that is why we trust that they will not abuse this request for rezoning.”

Kathleen Canning, another Spring Street resident, said she’s shopped there since she finally figured out it was a market. Along with Big City bakery, it makes the neighborhood wonderful, she said, and she hopes that the Knights will stay and thrive. However, she also expressed concern about encroaching commercial zoning in an area that’s already seeing urban encroachment. The neighborhood is at its limit. She and Nancy Schewe had organized to get a residential parking program in the neighborhood, which had caused quite a bit of friendly disagreement among neighbors, she said. That program has improved conditions, but there’s still a lot of truck traffic.

Trucks don’t have an easy way out of Spring after they deliver to Knight’s Market, she noted. It doesn’t take a rocket scientist to figure out that truck traffic will increase with this project, she said. The Knights are asking the neighborhood to bear more traffic, Canning said – that needs to be recognized, and solutions need to be pursued. There are increasing numbers of small children in the neighborhood, and traffic is a concern. The second concern is about the permanence of commercial zoning. She said it’s obviously not possible for zoning to revert to residential, if the property is sold, so she’s very nervous about the potential for commercial buildings that might get built where the houses are now.

Laurie Feldt has lived on the corner of Spring and Cherry since 1992, and said she definitely supported the project. The Knights have traditionally hired from the neighborhood, so it’s an opportunity for more jobs that residents can walk to, she said. The Knights are fair employers – they pay well and treat you well. The amount of truck traffic isn’t a big concern for her – there are already a lot of trucks on Spring, including city trucks and tow trucks. It would be nice for traffic to be mitigated, but she didn’t see how that would happen. Neighbors tolerate parking regulations and home construction projects because properties should work for the owner’s needs.

Feldt said she has a cottage industry baking business in her home, yet she welcomes the Knight’s new bakery. And it would make life easier to have prepared meals available in the market. She said her father is an emeritus professor of urban planning, and he affirmed her guess that the Knight’s project would increase property values and that mixed-use is the way to go. It’s an urban neighborhood, and having these gems gives the neighborhood more value and meaning, she concluded.

The white building, marked only by the black knight chess icons, houses Knight's Market on the northeast corner of Miller and Spring. Across Spring Street in the bright yellow/orange building is Big City Small World Bakery.

Sandra Levitsky also lives on Spring, and echoed her neighbors’ comments both for and against the project. She said she’s an enormous fan of the market and the family. But she’s lived in two neighborhoods in Los Angeles and Minneapolis that suffered from “commercial creep” into a residential neighborhood. In both cases, a benign and seemingly good plan turned bad when the property changed hands. In both LA and Minneapolis, it resulted in fairly ugly fights between residents and commercial owners, she said. She wished for some guarantee to be built into the zoning. ”I trust the Knight family, but who knows what will happen in the future?” As the mother of a 1-year-old, Levitsky also was concerned about traffic and especially increased truck traffic, and hoped the city could address it.

Virginia Gordan lives on Cherry, and said she didn’t mean any disrespect to the Knights or the market by her comments. She agreed with all of the positive attributes that had been cited. But she wanted to highlight a couple of things. Increased traffic is a concern, but the biggest issue is rezoning from residential to C1. What might change in the family’s current plans, or what happens if they sell? Commercial creep is a concern. Now, you can see the market on the corner but you can see houses immediately north of the store. If those are rezoned for commercial use, that’s scary, she said. After the property is rezoned, it seems there’s very little the city can do – South Fifth is an example, she said. [Gordan was alluding to the controversial City Place apartment project on South Fifth, between William and Packard. That property was not rezoned. But Gordan's point was that City Place was seen as an undesirable project that the city council could not reject because it met the conditions of zoning and could thus be built "by right."]

Karen Garrison, who also lives on Spring, began by saying that the character of the Knight family isn’t on trial. She likes the market and family, and appreciates what they’ve done. But what is on trial is the character of the neighborhood, she said. It’s a very special place, and has recently developed into the Water Hill neighborhood, which makes her proud. Garrison said she sees this projects as a conflict with the character of a residential area with community spirit. Ashley doesn’t have that same community feeling – that’s the reason why there’s not a music festival on Ashley, she said.

Scott Newell told commissioners that he owned Big City Small World Bakery at the northwest corner of Miller and Spring. He said he was very conflicted, “but these guys are great,” referring to the Knights. He agreed with the pros and cons he’d heard from previous speakers. If the city does approve the project, he hoped that a real streetlight could be installed on that corner, like one at First and Ashley. Pedestrian traffic is heavy, especially during rush hour, he said, and there are a lot of young families. Newell wrapped up by saying, ”These guys are great and I love ‘em.”

Knight’s Market Expansion: Commission Discussion

Tony Derezinski began the discussion by noting that a range of commentary had been heard but the one constant was a high respect for the Knight family and what they’ve done. People are also concerned about the future, he said, which is natural. It reminded Derezinski about the expansion of Zingerman’s Deli, and how people in the neighborhood praised Zingerman’s but were concerned about delivery trucks and other issues. [The planning commission recommended approval of the Zingerman's expansion at their May 18, 2010 meeting. The project was later approved by the city council and construction is well underway.]

Part of the situation is inevitable, he said. Trucks are already there – it’s a matter of degree as to what might happen in the future, and that’s impossible to predict. People are also worried about the rezoning, Derezinski said, but he felt that the issue was addressed in the staff report. There are natural boundaries to delineate the residential from the commercial. Is it enough to prevent leapfrogging up the street? On these decisions, you do the best you can, he said. Encroachment does happen, but on the other hand it’s good to have neighborhood stores. ”I guess I’m about as conflicted as you are,” he told the residents. It comes down to whether the city is willing to take a chance on the Knights, he said.

The rest of the commissioners’ comments are organized here by topic.

Knight’s Market Expansion: Commission Discussion – Traffic, Parking

Eleanore Adenekan had questions about the truck traffic, and asked for the market’s hours of operation.  Sherry Knight Bedolla said it’s open 8 a.m. to 6:30 p.m. on weekdays, and 8-5 on Saturday. The market is closed on Sundays.

Aerial view of Knight's property – the three parcels that are part of the project are outlined in black. Spring Street is the north-south street on the west side of the property. Miller Avenue runs east-west along the market's southern edge.

Adenekan then wanted to know how many trucks come through. Bedolla noted that part of the truck traffic is unrelated to Knight’s – the truck drivers coming down eastbound Miller see the railroad bridge ahead and if they don’t think the truck will fit under it, they cut up Spring Street. As for trucks coming to Knight’s, she estimated there are about a dozen per week, and she didn’t think it would increase very much. Products for the bakery will be delivered on trucks that already make stops at the market, and there are already delivery trucks that go back and forth between the market and restaurant.

Bonnie Bona said the parking expansion made her a little uncomfortable. How much does the market need and use? When she thinks of neighborhood stores – like the Big City bakery or Jefferson Market – she doesn’t think about parking. Neither of those stores have parking. She said she realized that the city has a 14-space minimum requirement, but the site plan calls for 17.

Bedolla reported that there are about six employee cars on the lot each day, with the rest for customers. They’re trying not to use spaces in the neighborhood, she said. Usually four or five customer vehicles are in the lot, though sometimes during rush hour it’s full, she said.

Bona clarified with Dick Fry that two bike hoops are planned, but more could be added.

Evan Pratt said he used to live in that area, on Chapin. It’s true that Spring Street is a cut-through, but most of that traffic is related to the railroad bridge, he said. And he didn’t think it was unreasonable to get two or three deliveries a day.

Pratt also noted that the city has a traffic-calming program, which requires a certain percentage of residents to petition for changes. He said he now lives off of Broadway, and the traffic calming there has been a benefit – maybe not with the amount of traffic, he said, but to reduce speeds.

Kirk Westphal said he didn’t know if a traffic study was warranted, but he noted that traffic creep can also be an issue. Alexis DiLeo replied that the site plan didn’t trigger a traffic study. Typically the trigger is if there’s more than 50 vehicles in the peak hour, but that threshold didn’t speak to deliveries, she noted – it looked at employees and customers. She said she hadn’t previously been aware of the concerns about truck traffic, however, so she could see what the options are for further study.

Knight’s Market Expansion: Commission Discussion – Zoning

Bonnie Bona said she had a couple of concerns about the project. The bakery will be a production facility, not retail – that’s a fact, she said. Her conflict is with the lack of retail. On the other hand, rezoning away from residential in a floodplain makes sense. Hundreds of homes are located in the floodplain, and usually the residents are the most financially challenged, she said. That’s not where people should be living.

Bona asked the planning staff if contract zoning might be an option to add restrictions on what would be allowed on the site. She also wondered about lot size. Currently, C1 has a minimum lot size of 2,000 square feet, she noted. At what point does a national chain become interested in a site – 20,000 square feet? 50,000 square feet? Bona said she’d be more comfortable knowing about that.

The entrance to Knight's Market off of Spring Street is between the market building and a single-family house, which would be converted to a bakery if rezoning is approved.

Diane Giannola also expressed concern about commercial creep. After the rezoning, would there still be three separate parcels? Alexis DiLeo said the site plan is contingent on combining the lots. Giannola wondered if it’s big enough that a national chain might want to locate there.

Giannola’s other concern is that there’s no retail in the bakery. Was any kind of store planned inside the bakery? Sherry Knight Bedolla replied that the intent is to make baked goods to sell in the market and restaurants. They didn’t want to encroach on the neighborhood by having another store. The outside of the house will look as it does now, she said – the exterior won’t change.

Giannola thought it didn’t really fit in C1 zoning if there’s no retail. Dick Fry clarified that the retail sales must be on the site, but not necessarily in the same building. It would be easy to have a walk-in room and counter sales, he said, but that would complicate the site and the traffic.

Kirk Westphal observed that it was great to hear the rich input from the community – it helps flesh out the commission’s discussion to picture what the worst case scenario could be, he said. He was struggling with the project as well, and asked planning staff to give examples about what kinds of businesses can operate in C1 districts, and at what scale.

DiLeo said that C1 allows for general retail sales, restaurants, and service businesses like dry cleaners and nail salons. There’s a limit of 8,000 square feet per use, she said, but that’s not a building size limitation. So there could be a strip mall, and each business could have up to 8,000 square feet of space. The limiting factor for building size would be the floor-area ratio (FAR), based on the lot size. Residential use would not be prohibited, but it would be discouraged because of the floodplain, DiLeo said.

Evan Pratt asked if staff had considered other zoning districts. DiLeo replied that C1 is the least intense of the commercial zones. It’s the only zoning district with a size limitation for use, for example.

Pratt commented that the current zoning is “pretty arcane.” What are the uses for M1 – the strip that goes along the railroad tracks? That’s for transportation and railroad uses, DiLeo said, and light manufacturing – something like a small machine shop. M1 allows for items to be assembled, but not created from raw materials. Pratt ventured that cleaning up the M1 zoning is a good thing.

Wendy Woods said she appreciated the concern about commercial creep, but that’s a balancing act that no one can predict. In the past, the Knights have attempted to keep their business going, she said, and it’s their intent to stay. She asked for clarification about whether anything can be done regarding a change of ownership. DiLeo replied that the zoning is tied to the land, not the land’s use or owners. Conditional or contract zoning is something that the property owners could offer to do, but the owners can’t stipulate that the zoning will automatically revert to its previous zoning. That would be in conflict with due process and public noticing, she said. If it’s rezoned from commercial back to residential or to some other kind of district, it would need to go through the rezoning process.

Westphal asked whether contract or conditional zoning could stipulate the size of a building’s footprint or area, for example. DiLeo said she’d need to check with the city attorney’s office on what kind of conditions could be stipulated. Westphal asked about a PUD (planned unit development) – might that type of zoning be useful in this situation? DiLeo said that typically, conditional zoning is a good tool to use when you want to limit what’s allowed, while a PUD is a useful tool when you want to expand what’s allowed from the base zoning.

Knight’s Market Expansion: Commission Discussion – Design

Bonnie Bona noted that she lives in the “upper Water Hill” neighborhood, north of the Spring/Miller area, and she frequents Big City bakery and the Kerrytown shops. But she hasn’t been to Knight’s Market in 25 years, she said, because it’s not welcoming. What are the owners trying to do to make it more welcoming? Windows would be good, to help keep an eye on the street, she said. [The current building has one small window facing Miller, and a few small windows facing Spring.] Bona also noted that Big City bakery has a residence above its shop. Why doesn’t the Knight’s plan have the same?

Dick Fry said they haven’t gotten into details about the building design, and the things that Bona mentioned would help. The entrance will likely stay on the side of the building where it’s currently located, facing north onto the parking lot, but the owners are open to other ideas, he said. Bona encouraged him to invite input from the neighbors – ultimately, she said, they’re the ones who have to live with it.

Kirk Westphal said he echoed Bona’s sentiments regarding the building facade for the sides facing Miller and Spring.

Knight’s Market Expansion: Commission Discussion – Wrapping Up

Eric Mahler asked Alexis DiLeo how much time it would take to address the outstanding issues. Would it be back for review at the planning commission’s June 5 meeting? Planning manager Wendy Rampson said that depends on whether the owners are interested in doing something different with the zoning. If the zoning approach changes, it would take longer. [Rampson subsequently confirmed that the project will not be on the June 5 agenda.]

Outcome: Commissioners voted unanimously to postpone action on the Knight’s Market expansion.

DTE Buckler Substation

Planning commissioners were asked to consider a site plan for a new DTE Buckler electrical substation at 984 Broadway near Canal Street.

Site plan for DTE Buckler substation. (Links to larger image.)

City planner Jeff Kahan gave the staff report. DTE is building the new Buckler substation in the utility company’s Ann Arbor service center to provide an increase in electrical power to the downtown area due to increased demand for electricity.

According to a staff memo, the project will include two 15.5-foot tall electrical transformers and related electrical equipment on raised concrete pads, and a new power delivery center (PDC) – a 630-square-foot, 12.5-foot tall steel structure. The project also will include a new six-foot tall perimeter chain link fence with one foot of barb wire and a concrete block retaining wall. The source of power will be transmitted through underground sub-transmission cables in an existing manhole and conduit system.

Because of floodplain issues, DTE has proposed to build raised transformer pads by bringing in 800 cubic yards of fill. To mitigate that impact to the floodplain, DTE plans to remove 1,155 cubic yards of earth on the MichCon site at 841 Broadway. [MichCon is a DTE subsidiary.] The proposal also calls for removing a building on the MichCon site, which will give the company an additional 55 cubic yards of ”floodplain mitigation credit.” The proposal for this MichCon portion of the project was presented in a separate agenda item (see below).

City planning staff had recommended postponement of the Buckler substation site plan to allow more time to review several outstanding issues. For example, staff has recommended that DTE seek a variance from the city’s zoning board of appeals for a 100-year detention requirement – the proposed site plan would require such a variance. The site is located within the Huron River’s 100-year floodplain.

The project also needs a variance to the 15-foot conflicting land use buffer requirements along the east side property line, adjacent to Riverside Park. DTE is requesting a variance that would allow 33 trees and 38 shrubs to be planted along the far western side of Riverside Park instead of on DTE property. The city’s park advisory commission recommended approval of that variance at its Feb. 28, 2012 meeting.

DTE Buckler Substation: Public Hearing

The only person to speak during the public hearing was Mike Witkowski, DTE planning engineer for Washtenaw County. He thanked Kahan and other city planning staff for their help in working through a number of issues. He noted that DTE’s current infrastructure can’t support demand for electricity in that part of the city. Within a mile radius of the current Argo substation on Broadway, peak loads were 17% higher in 2011 compared to 2009. That’s what happens when you knock down a building and put up a high rise, he said – a probable allusion to the University of Michigan’s Kellogg Eye Center on Wall Street, near the proposed substation site.

Without this project, he said, DTE has limited or no ability to serve new businesses, and there would be increased risk of brownouts or blackouts to do equipment overloads. He said the utility has plans to address those concerns in the interim, but they need a long-term solution.

The location is critical because the substation needs to be near the center of the load, he said. The Buckler location would also be near existing infrastructure for DTE’s system. If the project is approved, Witkowski said the first circuits likely would be energized in May of 2013. A lot needs to happen before then, he added – it’s a long design and construction process. But once energized, the new circuits will support new customers.

Witkowski described the Buckler substation project as a $10 million investment in the city. DTE wants to foster a favorable environment for economic development, he said, and this substation should provide the ability to sustain growth for years to come.

DTE Buckler Substation: Commission Discussion

Wendy Woods asked whether the city council would need to vote on this item. Eric Mahler, the planning commission’s chair, replied that only planning commission approval is needed.

Woods highlighted Witkowski’s comments about the growth in demand and DTE’s ability to provide electricity to additional customers. She noted that the city has a focus on sustainability, and those numbers grabbed her attention. She asked for more details about the future ability to serve new customers.

It’s hard to make specific projections, Witkowski said. He noted that the last Ann Arbor substation was built in the 1960s, but Ann Arbor is a hot spot in the state for growth, unlike other areas. Electric vehicles might also increase demand in the future, he said. But if he had to give a ballpark estimate, Witkowski said the new substation would likely meet demand for at least 20 years.

Kirk Westphal’s initial line of questioning focused on the fence, and he wondered whether it could be a solid wall, rather than chain link and barbed wire – that’s the least desirable alternative, he said. Mark Fairless, a civil engineer with DTE, said the design, including the use of chain link and barbed wire, meets the national electrical safety code for substation protection. It’s a standard design, he said, and provides the most protection both for DTE’s assets and the public.

When Westphal pressed about other options that might be available, Fairless repeated that the proposed design is DTE’s standard one – they haven’t looked at other options. The retaining wall is required because of the substation’s location in the floodplain, he said, and the fence construction is standard. Westphal encouraged the designers to consider different materials.

DTE's Argo substation on the northwest corner of Broadway and Swift, looking west over the Broadway bridge.

Westphal then turned to the topic of the Argo substation on Broadway, saying he rides past it every day and “it’s not the best feature of the neighborhood.” Is there any opportunity to consolidate the two sites – to upgrade the new Buckler substation so that the one on Argo wouldn’t be needed?

Witkowski clarified that the Buckler substation isn’t planned to be a replacement for Argo. The two sites would work in tandem, he said. He noted that the Argo substation serves a wide area, including city hall, that couldn’t be picked up by the new substation. It wouldn’t be economically feasible for DTE to decommission it, he said.

Evan Pratt wanted to know what the bigger picture plans are for Buckler and Argo. It would be nice if DTE’s long-range plan were to move Argo off of this major city corridor. What’s the expected life for the Argo substation? he asked.

That’s hard to say, Witkowski replied. When the project began in 2008, the original idea was to do upgrades at the Argo substation, he said. But that was before Ann Arbor started seeing accelerated growth. Because of the type of equipment at Argo, DTE couldn’t do the upgrade until some of the load was taken off of that substation. Now, he said, there’s a strong possibility that they’ll clean up the Argo site and make it less congested. However, essential equipment is there that can’t be moved at this point, and it will remain there for the foreseeable future, he said.

Bonnie Bona said she agreed with Pratt – there’s a bigger aesthetic consideration at Argo. She also pointed out that Michigan Stadium was previously surrounded by a chain link fence, too. Now, the fence is wrought iron and painted blue, with brick pilasters. Bona joked that as long as commissioners were redesigning DTE’s substations, she wanted to bring up the fact that the Buckler substation would be located near the Huron River. In the long term, she said, it would be nice to think that the area could be a more active, integrated part of the community. Is there anything about the substation that makes it integral to that site, or could it stand alone if other parts of the site were used for other purposes, like a park?

Witkowski said the site is perfect for the substation, and he explained how the location would allow the substation’s equipment to feed into DTE’s existing infrastructure.

Bona then asked a question about landscaping – she assumed that no trees would be removed? Fairless replied that six of the 13 trees would be taken down, because they are on the property line, growing into the existing fence. Landscaping plans call for DTE to add 23 trees, however, and to donate another 10 trees to be planted in Riverside Park.

Eric Mahler asked whether the $10 million investment is contingent on making a rate increase request to the Michigan Public Service Commission, which regulates utilities in the state. No, Witkowski replied. This project has already been approved by DTE’s executive management, and doesn’t require asking for rate adjustments from the MPSC.

Mahler wondered what information the planning staff needed. Jeff Kahan indicated that they had been awaiting several items, and that DTE had recently turned in a revised site plan that the staff hadn’t yet had the opportunity to review. Kahan expected the project would be ready for the planning commission’s meeting on June 5. [Planning staff later confirmed that the project will be on the June 5 agenda.]

After discussion ended, Bona made a motion to postpone, which was seconded by Westphal.

Before the vote, Tony Derezinski asked if DTE was working under any sort of critical timeframe. Scott Trowbridge, DTE’s project manager for the Buckler substation, said the company can move ahead and start making decisions about the project, but there’s some risk involved since it hasn’t yet been approved by the city. He said they’d likely do some work around the existing service center, to accommodate the eventual substation construction. At some point, though, the timing of approval will affect how well DTE can be prepared for electricity demands in the summer of 2013.

Derezinski said it will likely be just a short postponement, and it seemed like “you wouldn’t go bankrupt on that.” Trowbridge indicated that Derezinski was correct – DTE would not go bankrupt.

Outcome: Commissioners voted to postpone action on the Buckler substation project. It will return to the planning commission at its next meeting on June 5.

MichCon Site Remediation

A site plan for remediation of the MichCon property at 841 Broadway was another DTE-related item on the May 21 agenda. The proposal was made in conjunction with the site plan for the new DTE Buckler electrical substation on the opposite side of Broadway. MichCon is a subsidiary of DTE.

The MichCon site plan approval is contingent on three things: (1) obtaining variances from the city’s zoning board of appeals (ZBA) to exempt MichCon from providing a new stormwater management system; (2) obtaining a Michigan Dept. of Environmental Quality (MDEQ) permit for work within the floodplain and Huron River; and (3) indicating water main and storm sewer easements on the site plan and providing the city with legal descriptions for those easements prior to the city issuing grading permits.

From left: Planning commissioners Bonnie Bona, Wendy Woods and Diane Giannola.

The remediation site plan entails removing 1,155 cubic yards of earth on the MichCon property, including the site’s most heavily contaminated soil. The company would get another 55 cubic yards of “floodplain mitigation credit” as a result of removing a building on the site. The remediation is intended to offset impact on the Huron River floodplain that’s expected when DTE brings in 800 cubic yards of soil to build raised transformer pads at the new Buckler substation.

According to a staff memo, a ZBA variance is needed to exempt the company from building new stormwater detention systems. Because contaminated soil will remain on the site after remediation, the company has indicated that installing new detention systems would be harmful to groundwater and the Huron River. Detention systems would not be required if impervious surfaces were removed on the site. However, removing impervious surfaces would allow contaminants in the soil to leach into the Huron River and groundwater. The proposal calls for leaving the existing impervious surfaces in place to provide a cap on contaminated soils.

[DTE officials had previously briefed the city's park advisory commission about this project at PAC's March 20, 2012 meeting, and had made a presentation at a March 12, 2012 city council working session. An extensive report on that presentation is included in The Chronicle’s coverage of a recent master plan committee meeting: “Planning Group Revisits Huron River Report.”]

The MichCon remediation requires approval only from the planning commission, and does not require action by the city council.

MichCon Site Remediation: Public Hearing

Two people spoke during the public hearing for this project. Paul Machiele of Ann Arbor told commissioners that he’s overjoyed by many aspects of this project, but also has some concerns. He said he’s a recreational kayaker on the Huron River. Last summer, he visited the city of Bend, Oregon, and was amazed by the transformation of the riverfront there, with pathways, canoe/kayak launch sites and other features. When he returned here and kayaked along the Huron River starting near Argo Pond, he wondered ”why is Ann Arbor wasting our river?” He keeps driving past the MichCon site and wonders why it’s not possible to get access to the river from that site. It’s a flowing stretch of river in the downtown area, and a wonderful opportunity to encourage more people to go to the river, as well as for more businesses to grow in that area. He advocated for opening up both sides of the river along that stretch, including pathways for people to jog or walk. Machiele said he didn’t know what the restrictions would be, but it’s a wonderful opportunity and shouldn’t be wasted.

Shayne Wiesemann, a senior environmental engineer with DTE and project manager for the remediation, said that the request in front of the planning commission is just one piece of a broader effort. The remediation allows DTE to start listening to input from community stakeholders, he said – the Huron River Watershed Council, National Wildlife Federation, and the city, among others. He noted that DTE has entered into a partnership with the city regarding the whitewater feature that DTE will now be building along that stretch of the river. The company will be looking at future uses for the property – there’s been a lot of talk in the community about it becoming a park, or a place for mixed-use development, he said. But for now, DTE’s focus is on remediation, Wiesemann said. It’s an important step in making the site available for other uses. The site has been described as a jewel in the Border-to-Border trail, he noted, and DTE executives see the property as being an economic catalyst for the community. The request at this meeting is just a part of that process, he concluded.

MichCon Site Remediation: Commission Discussion

Tony Derezinski began the discussion by talking about how the project fits into the overall improvement in that area, including the new Argo Cascades bypass. The hard and gritty truth is that the MichCon property needs to be cleaned up, he said. He’s very much in favor of this remediation.

Bonnie Bona asked about the fence on the property. Jeff Kahan replied that the existing fence prevents access from Broadway, but the entire site isn’t enclosed. Shayne Wiesemann of DTE noted that the property’s west side isn’t fenced, and the idea is eventually to take down the fence on the east side, along the river, after remediation is completed.

Evan Pratt asked where he could find a copy of the environmental report for the site. He said he understood that the planning commission couldn’t have much input on that. Wiesemann said the results are posted on the Michigan Dept. of Environmental Quality’s website.  [The MDEQ keeps a list of contaminated sites in the state, including those in Ann Arbor, with a list of the contaminants at those sites. The contaminants at the MichCon Broadway site include heavy metals (lead, nickel, zinc, etc.) and phthalates.] He noted that the report had been available at a public forum in April, and at the downtown location of the Ann Arbor District Library.

Pratt said it was great that DTE is cleaning up the site, but it gave him pause to hear that asphalt would be left on part of the site because of concerns over what might be underneath it. He understood that it’s complicated, but asked for the simple version – anything that’s left on the site would be authorized by the DEQ? Is it developable in general? he asked.

Wiesemann replied that the cleanup would be amenable for industrial uses. DTE is stopping there until it knows what the future uses for the site will be, he said. They are eliminating risks along the river bank, and remediating some of the bad “hot spots” in the upland area. Beyond that, they don’t want to do too much or too little at this point, he said. When DTE figures out the final use of the property, they’ll submit another plan to the DEQ to fulfill requirements for that end use, and whatever project is proposed would also go through the city’s full site plan process.

Pratt said it sounds like recreational options are still on the table. Wiesemann’s reply was non-committal, saying that DTE was working with Laura Rubin, executive director of the Huron River Watershed Council, and Andy Buchsbaum, regional executive director of the National Wildlife Federation’s Great Lakes Natural Resources Center – both organizations are based in Ann Arbor. Everything’s on the table, Wiesemann said, and DTE wants to see this site fully enjoyed by the community.

Wendy Woods asked where the contaminated soils are transported. Wiesemann said the soil will be taken to a landfill with a Type II license. In the past, they’ve used the landfill in Northville, he said [the Arbor Hills landfill, operated by Veolia ES Arbor Hills Landfill Inc.]. But it might be taken to other appropriately licensed facilities in southeast Michigan, he said.

Woods clarified that this is a different process than a brownfield redevelopment project. That’s right, Wiesemann replied. MichCon/DTE is liable because the company purchased the site as part of a merger. DTE will be paying for it out of the company’s environmental reserve, he said, which is rate recoverable. [That means that DTE could ask the MPSC for an increase in rates to cover the costs.]

Kirk Westphal followed up on the public commentary, and asked about access to the river. Can a boat be launched from this site? No, Kahan replied. Wiesemann said people will be able to access the planned whitewater features from the opposite side of the river, from the pathway running next to Argo Cascades. Wiesemann said the pathways – and a boardwalk that will be built over wetlands in that area – are subject to DEQ approval, as part of the overall whitewater project.

Outcome: Commissioners unanimously approved the site plan for remediation of the MichCon property, assuming that the stated contingencies are addressed.

Wintermeyer Parking Expansion

The planning commission was asked to approve an expansion to the Wintermeyer office parking lot at 2144 and 2178 S. State St., south of Stimson and east of the University of Michigan golf course. A landscape modification on the 1.8-acre site also was requested.

A map showing the location of the Wintermeyer office buildings on the west side of South State Street.

Alexis DiLeo gave the staff report. Two two-story office buildings are currently located on the site, along with an 85-space parking lot. The parcel is zoned O (office). After the expansion, there will be a total of 101 parking spaces on the site. A maximum of 111 parking spaces are allowed for the existing office development.

City staff have notified the property owner, Tracy Wintermeyer, that eight slabs of sidewalk in front of the site are need replacement. He has agreed to do that, DiLeo noted.

Modifications to the landscaping requirements include: (1) allowing the existing landscaping islands in the parking lot to remain in their current locations; and (2) allowing existing runs of 21 and 28 continuous spaces to remain in place. Landscaping regulations limit the number of continuous parking spaces to 15.

Wintermeyer Parking Expansion: Public Hearing

One person – David Diephuis, whose home is located directly north of the site – spoke during the project’s public hearing. He and his wife aren’t enthusiastic about additional parking, he said, but they understand the need for it as well as the owner’s right to build it, based on the property’s zoning. They also support the proposed underground water detention.

They initially had three concerns, Diephuis said, but two of those concerns have been resolved after talking with the owner and city staff. The unresolved issue relates to the buffer between his home and the parking lot retaining wall. The site plan calls for shrubs to be planted between the lot and the wall. Diephuis proposed planting fewer shrubs there, in exchange for larger shrubs between the wall and his property, to soften the sterile look of the wall. He said he hoped the issue could be handled administratively.

Turning to the other two concerns, Diephuis pointed to questions about whether the rain garden/landscaping could handle the water during a heavy rainstorm. The drainage ditch between his property and the Wintermeyer offices is already stressed because of the heavy runoff from the UM golf course – erosion to that ditch is already substantial, he said, especially as it nears State Street. He said city staff have assured him that remediation would be possible if the rain garden doesn’t work as planned. “I’ll cling to the hope that the engineers that reviewed the data and analyzed the risk are better at their jobs than some of today’s Wall Street bankers,” he quipped.

Finally, Diephuis noted that the project will impact the root zone of some landmark trees on his property. City staff have informed him that state law allows this, even if it kills the tree. He suggested that the city consider creating some kind of tree escrow account, to mitigate damage that might occur not just on a developer’s land, but for adjacent neighbors too.

Wintermeyer Parking Expansion: Commission Discussion

Evan Pratt asked about the landmark trees – are those scheduled for removal? Alexis DiLeo indicated that while the trees won’t be removed, the project will create a disturbance in the critical root zones of the trees.

Wendy Woods asked about the landscaping issue that had been raised during the public hearing. Is it staff’s intention to work on this, or is there something that the planning commission should do? she asked. DiLeo replied that it seemed Diephuis was asking the commission to give conditional approval of the project, and that staff would work on changes to the landscaping plan.

The property’s owner, Tracy Wintermeyer, stepped forward and told commissioners that he has a good relationship with Diephuis and is happy to put plantings on the north side of the retaining wall. He said he’d be amenable to making the project contingent on that, if necessary. “I want to keep Dave as a good neighbor,” he said.

Planning manager Wendy Rampson suggested making a formal amendment “just to be safe.”

Outcome on amendment: Commissioners unanimously approved an amendment making the project contingent on administrative approval of changes to the landscaping plan.

There was little additional discussion. Pratt said that in general, when infiltration is proposed as a way to handle stormwater runoff, it would be helpful for staff reports to include the soil type for that area.

Outcome: In two separate votes, commissioners unanimously approved the landscaping modifications, as amended, and site plan for expanding the Wintermeyer office parking lot.

Phantom Fireworks Permit

Planning commissioners were asked to grant a temporary retail sales special exception use for Phantom Fireworks, a firm based in Youngstown, Ohio.

City planner Alexis DiLeo gave the staff report. The business is proposing to put up a 40×40-foot tent and an 8×40-foot storage pod in the parking lot of Colonial Lanes at 1950 South Industrial Highway. The tent would be set back 25 feet from South Industrial and take up 24 parking spaces on 2.96-acre site, leaving 203 parking spaces for the bowling alley and Cubs A.C. restaurant.

The northeast, two-way traffic entrance would be temporarily closed by placing four orange traffic cones and yellow tape in the parking lot. The remaining four entrances to the site would remain open. The sales tent would operate from 10 a.m. to 10 p.m. every day of the week, with sales hours extended to midnight depending upon sales demand leading up to July 4, according to the staff report.

The site is zoned C3 (fringe commercial district), which allows certain types of temporary outdoor sales. A special exception use is needed because the proposed sales are different from items sold at the property’s permanent business.

Phantom Fireworks Permit: Public Hearing

Rick Tapper introduced himself as the Michigan representative for Phantom Fireworks. He noted that although they’ve signed a lease for 30 days, they only plan to have the tent up for 10 days. On July 5, he said, the tent – which is fire resistant, he noted – comes down. They’ll be selling Class C fireworks, and using employees from Colonial Lanes who would have otherwise been laid off during this slow period for the bowling alley, Tapper said. The operation is insured, and he hoped that commissioners would approve the permit.

Phantom Fireworks Permit: Commission Discussion

Wendy Woods asked for a clarification regarding Class C fireworks – does the buyer have to be over age 18? Yes, Tapper replied, and the staff are trained to check everyone’s ID.

Rick Tapper of Phantom Fireworks.

Woods then noted that people tend to “get happy” on July 4th while using fireworks. She asked Tapper about how the staff would identify people who are intoxicated. Tapper assured her that training is provided to staff about how to recognize if someone is drunk or high.

Responding to additional queries from Woods, Tapper described how the tent and storage unit will be inspected by the city’s fire marshal, and how a lock on the storage unit will provide security when the business is closed.

Woods ventured that the hours of operation – until midnight – seem late. Tapper replied that about 70% of their business happens in three days, from July 2-4. That’s likely the only time they would sell past the normal closing of 10 p.m.

In response to a question from Tony Derezinski, DiLeo said that notices about the special exception use for Phantom Fireworks had been mailed out to neighbors in that area, but the planning staff had heard no questions or concerns about it.

Outcome: Commissioners unanimously approved the temporary retail sales special exception use for Phantom Fireworks. Special exception use is granted by the planning commission and does not require additional approval by the city council. 

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

Absent: Erica Briggs.

Next regular meeting: The planning commission next meets on Tuesday, June 5, 2012 at 7 p.m. in the second-floor council chambers at city hall, 301 E. Huron St., Ann Arbor. [Check Chronicle event listings to confirm date]

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The project also needs a variance to the 15-foot conflicting land use buffer requirements along the east side property line, adjacent to Riverside Park. DTE is requesting a variance that would allow 33 trees and 38 shrubs to be planted along the far western side of Riverside Park instead of on DTE property. The city’s park advisory commission recommended approval of that variance at its Feb. 28, 2012 meeting.

DTE is building the new Buckler substation in the utility company’s Ann Arbor service center to provide an increase in electrical power to the downtown area due to increased demand for electricity. A DTE engineer told commissioners that within a mile radius of the current Argo substation on Broadway, peak loads were 17% higher in 2001 2011 compared to 2009. He described the Buckler substation project as a $10 million investment in the city.

According to a staff memo, the project will include two 15.5-foot tall electrical transformers and related electrical equipment on raised concrete pads, and a new power delivery center (PDC) – a 630-square-foot, 12.5-foot tall steel structure. The project also will include a new six-foot tall perimeter chain link fence with one foot of barb wire and a concrete block retaining wall. The source of power will be transmitted through underground sub-transmission cables in an existing manhole and conduit system.

Because of floodplain issues, DTE has proposed to build raised transformer pads by bringing in 800 cubic yards of fill. To mitigate that impact to the floodplain, DTE plans to remove 1,155 cubic yards of earth on the MichCon site at 841 Broadway. [MichCon is a DTE subsidiary.] The proposal also calls for removing a building on the MichCon site, which will give the company an additional 55 cubic yards of ”floodplain mitigation credit.” The proposal for this MichCon portion of the project was presented in a separate agenda item, and unanimously approved by planning commissioners.

The Buckler substation project is expected to return to the planning commission at its next meeting on June 5.

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