Stories indexed with the term ‘ordinance revisions’

City Council Rejects Ride-Share Regulation

In action taken on Aug. 18, 2014, the Ann Arbor city council approved one change to its taxicab ordinance, but rejected another one meant to provide some regulation of shared-ride services like Uber and Lyft. Based on the council’s deliberations, the city will instead likely be taking the approach of establishing an operating agreement with the companies.

The rejected ordinance failed on a 5-5 vote, as Margie Teall (Ward 4) was absent. Voting for the regulation of all drivers for hire were Sumi Kailasapathy (Ward 1), Stephen Kunselman (Ward 3), Jack Eaton (Ward 4), Chuck Warpehoski (Ward 5) and Mike Anglin (Ward 5). Voting against the change were mayor John Hieftje, Sabra Briere (Ward 1), Jane Lumm (Ward … [Full Story]

Downtown Zoning Changes Postponed

Final approval to changes in two parts of the Ann Arbor city zoning code affecting the parcel at 425 S. Main, on the southeast corner of Main and William streets, has been postponed by the Ann Arbor city council. The council will take up the zoning question again at its second meeting in September – on Sept. 15.

425 South Main, Ann Arbor planning commission, The Ann Arbor Chronicle Aerial view of 425 S. Main – outlined in green – between William and Packard. An alley separates the site from a residential neighborhood … [Full Story]

Council Tackles Enviro Group Appointments

Two actions related to the Ann Arbor environmental commission (EC) were taken by the city council at its July 7, 2014 meeting.

Given initial approval by the council was an amendment to the city ordinance establishing the commission. In other business, the council confirmed the appointment of additional members to the commission: Allison Skinner and Benjamin Muth. Those nominations had been announced at the council’s June 16, 2014 meeting.

The ordinance change relates in part to the way that nominations to the EC are made. The EC is one of the few boards or commissions in the city for which the mayor does not make nominations. The more familiar procedure – for most boards and commissions – includes a mayoral nomination … [Full Story]

Downtown Zoning Changes Get Initial OK

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

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

[Full Story]

Research Park Rezoning Moves Ahead

Rezoning of six sites along Research Park Drive was recommended for approval by Ann Arbor planning commissioners at their June 3, 2014 meeting. An area plan for development of the parcels was also recommended for approval, as were amendments to Chapter 55 of the city’s zoning code to allow outdoor recreation as a special exception use in the office/research/limited industrial (ORL) zoning district.

The six lots are undeveloped and total 16.6 acres. Four of the lots, on the southern end of the site, are owned by Qubit Corp. LLC; BMS Holdings LLC owns the northern two sites.

The proposed area plan – which is less detailed than a site plan – includes an indoor-outdoor tennis facility on one of the lots. It also … [Full Story]

Drive-thru Definition Gets Initial OK

Initial approval of amendments to Ann Arbor’s zoning ordinance related to drive-thrus has been given by the city council. The amendments would add a definition of a “drive-thru facility” to Chapter 55 of the city code. Currently, the term used throughout the code is “drive-in,” which is not explicitly defined in the code.

The proposed revisions define a drive-thru in this way: “Any building or structure, or portion thereof, that is constructed or operated for the purpose of providing goods or services to customers who remain in their vehicle during the course of the transaction.” The revisions also clarify that a drive-thru is an accessory use, not the principle use of the building. A project in which a drive-thru would be … [Full Story]

Ann Arbor Taxi Board Reacts to Uber

Ann Arbor taxicab board meeting (April 23, 2014): In its one action taken at the meeting, the board approved making a request of the city attorney’s office to come up with a draft of an ordinance amendment – that would require all drivers for hire to be registered in the city.

April 23, 2014 meeting of the Ann Arbor taxicab board.

April 23, 2014 meeting of the Ann Arbor taxicab board at city hall. (Photo by the writer.)

The action comes in response to Uber‘s entry into the Ann Arbor market. Uber is a service, based on a mobile app, that coordinates prospective passengers with drivers who are willing to make the trip. Currently the city’s taxicab ordinance covers only taxicab drivers – not limousine drivers or any other drivers for hire. The board wants to see a draft ordinance that would include all drivers for hire – so that Uber’s drivers would need to be registered in the city of Ann Arbor.

Stephen Kunselman, who serves as the city council’s representative to the taxicab board, put it this way at the meeting: “The number one issue of regulating drivers in the industry is for public safety, alright? I want to know who these drivers are who are driving around picking up people in our town, okay? Number one issue.”

A change to the city’s ordinance could come only after approval by the city council.

The action requesting the city attorney’s office to begin work on an ordinance amendment was not actually on the board’s meeting agenda. The one item for discussion had been to consider possible deregulation of taxicab fares in the city – a topic the board has been considering for about a year. As board chair Michael Benson put it, “It’s time to address it one way or the other.” Currently the maximum rate is $3 to get in, $2.50 per mile, and $0.40 a minute waiting time.

Those rates were last adjusted upwards on May 16, 2011, in response to gas prices that had nudged past $4 per gallon. With one exception, representatives of taxicab companies at the April 23 meeting were not looking for the kind of $0.25 adjustments that have been made in the past. Instead, they’re looking for a high maximum – along the lines of $5 to get in and $5 per mile – so that a competitive market could develop under that cap.

Benson and Tom Crawford – the city’s CFO and an ex officio member of the board – steered the conversation toward identifying ways to measure success of any change in the city’s approach to regulating fares: “What is it that you want to achieve? Let’s get some clarity on that so that we can identify whether we have succeeded or not. That’s the real point,” said Crawford.

What came out of that board discussion was that the measurement of success should include the number of taxicabs being operated in the city. At the meeting, Ann Arbor police officer Jamie Adkins told board members that for the three years from 2008 to 2010 there were 177, 193, and 179 taxicabs operating in the city, respectively. But when Yellow Car converted all but one vehicle to limousine, that number dropped to 111 in 2011. In 2012 there were 132 taxicabs, she said, and the current figure is 124.

The board’s past effort to regulate the entire livery industry – including limousines, which are supposed to take only pre-arranged, not hailed rides – has included recommendations to revise the city’s ordinance so that limousine companies cannot hold themselves out as taxicab companies. And the city council enacted those changes in 2011. But according to officer Adkins, AAPD has learned that those aspects of the ordinance can’t be the primary reason for a police traffic stop. [.pdf of Ann Arbor taxicab ordinance] [Full Story]

Planning Agenda: Art, Eats, Drive-Thrus

Ann Arbor planning commission meeting (April 1, 2014): Ordinance revisions, site plan approval and a look at proposed artwork for the East Stadium bridge filled the planning commission’s first meeting in April.

Catherine Widgery, Ann Arbor public art commission, Ann Arbor planning commission, The Ann Arbor Chronicle

An image by artist Catherine Widgery for artwork on the East Stadium bridge. This night view shows how the structures would be lit from below, illuminating the images of trees that are etched into louvered glass panels.

John Kotarski and Bob Miller of the city’s public art commission presented images of a revised design for public art on the East Stadium bridge, a $400,000 project that includes columns of louvered glass panels on the bridge as well as underneath it, along South State Street. The artist – Catherine Widgery, who’s based in Massachusetts – had changed her original proposal at the request of a selection committee. The public art commission is seeking feedback on this new design, including at a public forum on Monday, April 21 at the downtown Ann Arbor District Library.

The public art commission likely will vote on a recommendation at its April 23 meeting. The proposal would then be forwarded to the city council for approval.

Also heading to city council is the site plan for a new Ruth’s Chris Steak House, which planning commissioners voted to recommend on April 1. The plan involves major renovations to the existing building at 314 S. Fourth Ave., which most recently housed the Dream Nite Club that closed in 2012. The renovations include adding a second-floor mezzanine level to the front of the building.

Part of the planning commission’s discussion focused on whether there might be outdoor dining in front of the restaurant. The project’s architect, Stephen Fry, indicated that at this point, outdoor seating wouldn’t be appropriate, in part because of bus traffic. The building is located near the Blake Transit Center, a hub for public transportation. “Ruth’s Chris is about a known and consistent dining experience,” Fry said, “and we just don’t feel we can control it out there.”

Fry also reported that the restaurant will likely be using valet parking, with valets positioned in front of the building. “So we’re going to activate the street with humans that are dressed up and looking good,” he said.

Commissioners also reviewed proposed ordinance revisions related to drive-thrus, and recommended that the city council approve the changes. The amendments would add a definition of a “drive-thru facility” to Chapter 55 of the city code. Currently, the term used throughout the code is “drive-in,” which is not explicitly defined in the code.

In addition, the changes would require that drive-thru projects obtain a special exception use from the planning commission, and would be allowed only in the O (office), C2B (business service) and C3 (fringe commercial) zoning districts. Basic layout requirements would also be added to the ordinance. Currently, drive-thrus are allowed in C3 districts without a special exception use. They are allowed as special exception uses in the C2B district.

The changes will give planning commissioners more discretion in approving drive-thru businesses, including restaurants, banks, pharmacies and other types of drive-thrus. [Full Story]

Zoning Changes in the Works for Drive-Thrus

The Ann Arbor planning commission has recommended approval of several amendments to the city’s zoning ordinance related to drive-thrus. The action took place at the commission’s April 1, 2014 meeting.

If approved by the city council, the amendments would add a definition of a “drive-thru facility” to Chapter 55 of the city code. Currently, the term used throughout the code is “drive-in,” which is not explicitly defined in the code.

In addition, the changes would require drive-thrus to obtain special exception use permits, which would be allowed only in the O (office), C2B (business service) and C3 (fringe commercial) zoning districts. Basic layout requirements would also be added to the ordinance. Currently, drive-thrus are allowed in C3 districts without a special exception use. … [Full Story]

Ann Arbor’s Public Art Saga Continues

Four separate agenda items related to public art received action by the Ann Arbor city council at its Feb. 18, 2014 meeting – but three of those actions were to postpone. The end result was that no Percent for Art money was transferred from the public art fund back to its funds of origin.

Back on the council’s March 3 agenda will be two resolutions – or possibly just one – that would make such a fund transfer. Also back on March 3 will be a resolution extending the part-time public art administrator’s contract for six months and appropriating $18,500 for that purpose.

The council’s actions on Feb. 18 began with final approval to an amendment to the city’s public art ordinance. That … [Full Story]

Council Moves on Downtown Zoning Revisions

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

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

Downtown Zoning Review to Wrap Up Soon

Ann Arbor planning commission meeting (Nov. 19, 2013): The main agenda item for the commission’s most recent meeting was a list of draft recommendations that would complete the current phase of a months-long downtown zoning review.

Eleanore Adenekan, Ken Clein, Ann Arbor planning commission, The Ann Arbor Chronicle

Ann Arbor planning commissioners Eleanore Adenekan and Ken Clein sign papers attesting that these high school students had attended the Nov. 19 meeting. The class assignment did not require that the students stay for the entire meeting, which adjourned at about 12:30 a.m. (Photos by the writer.)

Planning commissioners made decisions on the majority of recommendations for revising the city’s downtown zoning ordinance, but adjourned after midnight before completing their final resolution for city council. Though they did not formally vote to postpone action on the resolution, the item will be taken up again at the commission’s Dec. 3 meeting. [.pdf of revised draft recommendations to be considered on Dec. 3]

Generally, the changes reflect a downzoning in some locations in an attempt to lessen the impact of development on adjacent residential neighborhoods.

A public hearing on the downtown zoning review drew seven speakers, all of whom had previously addressed the commission on this topic. Andy Klein – one of the owners of a site at the southeast corner Main and William, which is being considered for downzoning – spoke against rezoning that property, calling himself the “lone dissenter.” Other speakers at the hearing were in favor of downzoning in general, including at that site. The recommendation for that property – possibly one of the most controversial – was not debated or acted on by commissioners at their Nov. 19 meeting.

Attached to the commission’s Dec. 3 agenda was a communication from Scott R. Bonney of Neumann/Smith Architecture, written on behalf of KRG Investments, the owners of the Main and William property. It suggests a third option to consider as a compromise, and indicates that Bonney will attend the Dec. 3 meeting to make a presentation about this proposal in person. [.pdf of Bonney's letter]

After the planning commission finalizes and approves its resolution regarding these downtown zoning recommendations, the resolution will be forwarded to the city council for consideration. The intent is for the council to review the recommendations and give direction to the commission about which recommendations to implement.

At that point, the commission’s ordinance revisions committee would work with city planning staff to craft actual ordinance language. Any specific ordinance changes would be reviewed by the full commission and ultimately would require city council approval before taking effect. That process would include additional opportunities for public input.

In addition to downtown zoning, three other projects were on the Nov. 19 agenda. Commissioners recommended approval of a proposal to build two restaurants adjacent to Macy’s at Briarwood Mall. They also recommended approval of a four-story addition to the existing two-story building at 210-216 S. Fourth Ave., between East Liberty and East Washington in downtown Ann Arbor, known as the Montgomery Building. The expansion will create 32 new housing units, including four studios, 14 one-bedroom, and 14 two-bedroom units.

One project that didn’t move forward was a proposed expansion of Germain Motors – the former Howard Cooper dealership on South State Street. Owner Steve Germain and his daughter Jessica Germain attended the meeting and described the growth of their business, with a 55% increase in combined sales compared to last year. They indicated that expanded showrooms and additional parking and vehicle display areas are needed to accommodate future growth. However, planning staff recommended postponement to address several outstanding issues, and commissioners acted on that advice. [Full Story]

Ypsi Township on Bus, DDA TIF Settled

Ann Arbor city council meeting (Nov. 18, 2013): The first meeting of the post-election council stretched 6 hours and 45 minutes past its scheduled start time of 7 p.m. It was not until after 1 a.m. that the council considered an agreement to sell a city-owned property north of William Street between Fourth and Fifth avenues in downtown Ann Arbor – to hotelier Dennis Dahlmann for $5.25 million. The council deliberated for about 10 minutes on that issue before taking a unanimous vote to sell.

Swearing in of the councilmembers who won election on Nov. 5, 2013. From left to right: Mike Anglin (Ward 5), Jack Eaton (Ward 4), Sabra Briere (Ward 1), Jane Lumm (Ward 2) and Stephen Kunselman (Ward 3). Administering the oath was city clerk Jackie Beaudry.

Swearing in of the councilmembers who won election on Nov. 5, 2013. From left: Mike Anglin (Ward 5), Jack Eaton (Ward 4), Sabra Briere (Ward 1), Jane Lumm (Ward 2) and Stephen Kunselman (Ward 3). Administering the oath was city clerk Jackie Beaudry. (Photos by the writer.)

Earlier in the evening, an hour-long chunk of the meeting was taken up by deliberations on the admission of Ypsilanti Township as a member of the Ann Arbor Area Transportation Authority. After an hour of discussion and questioning, the council voted unanimously to approve the addition of the township as a member of the AAATA. The council’s action brought the number of AAATA member jurisdictions to three: the city of Ann Arbor, the city of Ypsilanti, and Ypsilanti Township.

The council also deliberated for almost an hour before giving initial approval to a repeal of the city’s crosswalk law – so that vehicles would have the option of slowing (in addition to stopping) to yield to pedestrians. The repeal also eliminates the explicit need for motorists to yield to pedestrians who are standing at the curb – making motorists responsible for yielding only to those pedestrians who are “within a crosswalk.” The repeal passed on a 9-2 vote, but will need a second vote at a future meeting to be enacted. Back-channel discussion of some kind of compromise approach has unfolded since the meeting, but it’s not clear what, if any, impact that might have.

On an issue related to the crosswalk ordinance change, 40 minutes was spent on council discussion on a pedestrian safety task force – which had been postponed from its Nov. 7 meeting. Ultimately the council voted to establish a nine-person pedestrian safety task force with a charge of delivering a report with recommendations by February 2015. Applications from interested citizens should be turned in to the mayor’s office by Dec. 2, 2013, with the task force members to be appointed on Dec. 16. [.pdf of standard city board and commission task force application]

The council also spent about a half hour deliberating on final approval to a change to the ordinance that regulates the tax increment finance (TIF) capture of the Ann Arbor Downtown Development Authority. The change replaced the restriction in the ordinance originally enacted in 1982 with one that in the next few years will result in about $2 million in additional TIF revenue annually, compared to the amount the DDA would have received under strict enforcement of the 1982 language. Dissenting on that vote were Christopher Taylor (Ward 3) and Margie Teall (Ward 4).

Near the start of the meeting, Teall was selected as mayor pro tem, on a 6-5 vote. The council left its other organizational business – adoption of rules and assignment to committees – until Dec. 2.

The members of the rules committee will have a fresh assignment based on other action of the council on Nov. 18. The council passed a resolution that in part directs the rules committee to develop a set of standards for the conduct of councilmembers, based on “applicable statutes, regulations, existing city policies, and best practices such as Section and 2a of Public Act 196 of 1973 and the Ethics Handbook for Michigan Municipalities.”

Other business handled by the council included the final approval of a revision to the city’s ordinance on park use fees – to allow for a waiver for groups using a public park for the charitable distribution of goods to address basic human needs. Council chambers were filled with supporters of that resolution.

The council also formally adopted an update to the city’s non-motorized transportation plan, after having postponed the item on Nov. 7. And as a part of its consent agenda, the council approved various street closings associated with New Year’s festivities – The Puck Drops Here in downtown Ann Arbor and the National Hockey League’s Winter Classic at Michigan Stadium. [Full Story]

Downtown Zoning Recommendations: Not Yet

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

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

Crosswalk Ordinance Repeal Gets Initial OK

A repeal of the city’s crosswalk ordinance has been given initial approval by the Ann Arbor city council. Action came at the council’s Nov. 18, 2013 meeting on an 8-3 vote. Dissenting were Christopher Taylor (Ward 3), Margie Teall (Ward 4) and mayor John Hieftje. The council will need to vote at a subsequent meeting to give the change final approval.

The city’s ordinance, enacted in 2010 and then revised in 2011, differs from the state’s Uniform Traffic Code (UTC) in two respects: (1) requiring motorists to stop for pedestrians, not just to slow as to yield; and (2) requiring motorists explicitly to take action to accommodate pedestrians standing at the curb at a crosswalk, not just those pedestrians who have … [Full Story]

Alternate DDA TIF Revision Gets First OK

Two different versions of a revision to Ann Arbor’s ordinance regulating TIF capture were considered by the Ann Arbor city council at its Nov. 7, 2013 meeting. One was tabled, while the other will move forward for final consideration at the city council’s Nov. 18, 2013 meeting.

The version to be considered by the council on Nov. 18 would set a cap on TIF (tax increment financing) revenue for the Ann Arbor Downtown Development Authority that would not apply at all until FY 2017. It would result in roughly $6.1 million of TIF revenue to the DDA that year, with an estimated return of $300,000 total to the other taxing jurisdictions. The city’s portion of that would be about $180,000, distributed proportionally … [Full Story]

Planning Group Hears More on Downtown Zoning

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

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

Draft of Revised Downtown Zoning Ready

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

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

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

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

Ann Arbor DDA Ordinance Delayed Until Oct. 21

Revisions to the city ordinance regulating the Ann Arbor Downtown Development Authority tax increment finance capture have again been postponed – until Oct. 21, 2013. The city council action to postpone came at its Sept. 16, 2013 meeting.

The city council and the DDA board have a joint committee that is working out details of an alternative to the ordinance amendments that have already been given initial approval by the council.

The initial DDA ordinance revisions that appeared on the council’s Sept. 16, 2013 agenda were awaiting a second and final vote by the council. The amendments to Chapter 7 included various changes to governance, including term limits for board members, as well as clarifications to the existing language on TIF capture. … [Full Story]

D1 Downtown Zoning Review Meetings Set

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

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

Priorities Emerge in Downtown Zoning Review

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

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

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

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

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

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

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

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

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

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

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

R4C/R2A Advisory Committee Meetings Set

The first meeting of the re-established R4C/R2A advisory committee, with slightly different membership from its original iteration, has been scheduled for Wednesday, Aug. 14 from 7-9 p.m. in the basement conference room at city hall, 301 E. Huron.

At its July 1, 2013 meeting, the Ann Arbor city council voted to reconstitute the citizens committee, which had previously worked to provide input on possible changes to zoning in the R4C/R2A (multi-family) zoning districts. That action followed the planning commission’s vote at its April 16, 2013 meeting to send recommendations to the city council for revisions to the R4C zoning areas – but without the actual wording of the ordinance changes. Those recommendations, which were crafted with input from the original … [Full Story]

Downtown Zoning Review Moves Forward

Ann Arbor planning commission’s ordinance revisions committee meeting (July 31, 2013): On Monday, Aug. 5, the city of Ann Arbor will hold a public forum to update the community on the A2D2 zoning review that started last month.

Erin Perdu, A2D2 zoning, Ann Arbor planning commission, The Ann Arbor Chronicle

Consultant Erin Perdu compiles feedback at a July 30, 2013 public forum on the A2D2 zoning review. Participants were asked to write their thoughts on sticky notes regarding what’s working (left side) or not working (right side) with downtown zoning. (Photos by the writer.)

In late 2009, after a multi-year process and much debate, the city council adopted the A2D2 (Ann Arbor Discovering Downtown) zoning. The planning commission had for some time been intending to review the zoning, looking at whether the changes have resulted in the kind of downtown development that the city wants.

But interest in a review was heightened by a proposal for the 14-story 413 E. Huron apartment project on a site zoned D1, the highest density allowed. The proposal spurred controversy in part because of its location adjacent to a residential historic district.

So on April 1, 2013, the city council directed the planning commission to review A2D2 and address three specific questions: (1) whether D1 zoning is appropriately located on the north side of Huron Street between Division and South State and the south side of William Street between South Main and Fourth Avenue; (2) whether the D1 residential FAR [floor area ratio] premiums effectively encourage a diverse downtown population; and (3) whether a parcel on the south side of Ann Street adjacent to city hall should be rezoned “to the appropriate zoning for this neighborhood.” That parcel, currently a surface parking lot, is now zoned D1.

On April 1, the council set a deadline of Oct. 1 to deliver recommendations to the council. Councilmembers subsequently approved the 413 E. Huron project on May 13, 2013 on a 6-5 vote.

To lead the A2D2 review, the city hired consultant Erin Perdu of ENP & Associates, who has been holding public forums and interviews with individual stakeholders over the past two weeks. She updated planning commissioners at a July 31 meeting of the ordinance revisions committee, and described her approach to the upcoming Aug. 5 forum.

The Aug. 5 forum starts at 7 p.m. in the lower level conference room of the Washtenaw County administration building at 200 N. Main – at the intersection of Main and Ann. The purpose of that meeting is to review the priority issues that have emerged from feedback so far. The goal is to get confirmation that those issues are, in fact, priorities for the community, she said, and then to have more discussion about those priorities.

The meeting will focus on three main priority issues: (1) height and bulk, with character districts as part of that discussion; (2) premiums, with a focus on housing; and (3) the location of D1 and D2 zoning districts, with a focus on the three sites mentioned in the April 1 city council resolution.

Perdu also addressed technical problems with the online survey on A2 Open City Hall, noting that the issues have been fixed and the deadline extended until 5 p.m. on Aug. 5.

Planning commissioners and staff had a wide-ranging discussion at their July 31 meeting about the feedback they’ve received so far, and the scope of their review. Their discussion touched on design guidelines, historic districts, parking, and housing diversity, among other issues. For example, some critics point to the large amount of student housing that’s being built downtown as a negative outcome of A2D2.

But Kirk Westphal, chair of the planning commission, wondered whether it’s the city’s role to change zoning in respond to these “micro-trends.” He noted that the market might be trending toward student housing now, but in five years that trend might switch to one- and two-bedroom apartments, or offices.

For some additional background on the original A2D2 deliberations, see Chronicle coverage from 2009: “Planning Commission Draws Line Differently“; “Zoning 101: Area, Height, Placement“; and “Downtown Planning Process Forges Ahead.” For more recent background on this zoning review, see: “Planning Group Strategizes on Downtown.[Full Story]

R4C Advisory Committee Re-Established

A citizens committee to provide input on changes to zoning in the R4C (multi-family) zoning category in the city of Ann Arbor has been reconstituted. The city council took the action at its July 1, 2013 meeting.

The re-establishment of the group comes after the planning commission had voted at its April 16, 2013 meeting to send recommendations to the city council for revisions to the R4C zoning areas – but without the actual wording of the ordinance changes.

The recommendations are described in two phases. The changes in the first phase are seen as somewhat less controversial, but still diverge in places from those of the advisory committee. For the first phase, the planning commission recommended:

  • Graduated parking requirements: Recommendations adopted … [Full Story]

Fireworks Timing Curtailed in Ann Arbor

Fireworks for the upcoming July 4 holiday will be limited in Ann Arbor to the time between 8 a.m. and midnight – assuming Gov. Rick Snyder signs bill passed by the Michigan House and Senate.

The revision to the city’s fireworks ordinance was given initial approval at the council’s June 3. 2013 meeting. The impact of the ordinance change is to restrict the use of fireworks on July 3-5 to the period between 8 a.m. and midnight on those days. The ordinance change applies to other national holidays as well.

The ordinance change is made possible by an anticipated change to state law, which previously did not allow local governments to regulate fireworks for the continuous 72-hour period for the day … [Full Story]

Ann Arbor’s Percent for Art Funding Now History

The Ann Arbor city council has taken the final step toward changing the city’s public art ordinance, so that capital improvement projects are no longer required to set aside 1% of their budgets for public art. The action eliminating the Percent for Art approach came on June 3, 2013. The council had given initial approval to the ordinance change at its May 13, 2013 session.

In separate action, the council also voted to return to its funds of origin some of the money that had previously been set aside for public art.

The main change to the ordinance is to eliminate any reference to a specific percentage for art in a capital project budget. Also, art funds would not be pooled … [Full Story]

Ann Arbor Sidewalk Definition Change Gets Initial OK

A “sidewalk” could mean something different in Ann Arbor if the city council eventually gives final approval to change that definition. Initial approval of the change came at the council’s June 3, 2013 meeting.

The new definition of “sidewalk” would expand the existing definition to include non-motorized paths that are [emphasis added] “designed particularly for pedestrian, bicycle, or other nonmotorized travel and that is constructed (1) in the public right of way or (2) within or upon an easement or strip of land taken or accepted by the city or dedicated to and accepted by the city for public use by pedestrians, bicycles, or other nonmotorized travel, …”

When the ordinance change comes to the council for a second and final approval, … [Full Story]

Council Takes Step to Remove 1% Art Funding

The Ann Arbor city council has taken the initial step toward changing the city’s public art ordinance, so that capital improvement projects are no longer required to set aside 1% of their budgets for public art – up to a maximum of $250,000 per project. The action came on May 13, 2013 at a meeting that had started on May 6.

If the ordinance change is given final approval by the city council at a subsequent meeting, the way that public art is funded in the city – through a Percent for Art approach – would fundamentally change.

The main change is to eliminate in the ordinance any reference to a specific percentage for art in a capital project budget. Also, art … [Full Story]

City Council Sets Up for 413 E. Huron

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

Fourth Avenue between Huron and Washington streets.

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

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

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

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

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

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

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

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

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

Council Again Delays DDA Ordinance Vote

On a unanimous vote, the Ann Arbor city council has again delayed final enactment to changes in the city’s ordinance governing the Ann Arbor Downtown Development Authority. The postponement is until the council’s second first meeting in September – on Sept. 3, 2013.

Ann Arbor DDA TIF Revenue projections Ann Arbor DDA TIF revenue projections. The vertical line indicates the year when the clarified calculations would be implemented. The red line is the amount of TIF revenue assumed by the DDA in its FY 2014 and FY 2015 budgets, and in its 10-year planning document. The blue line is the estimated TIF … [Full Story]