Stories indexed with the term ‘overlay zoning’

Ann Arbor planning commission meeting (May 6, 2014): A four-hour meeting was dominated by two topics: revisions to downtown zoning, and the rezoning of land used for public housing.

Commissioners voted unanimously to recommend rezoning a large parcel at the southeast corner of Main and William – another step in a review of downtown zoning that began last year under direction from the city council. The recommendation is to rezone the site at 425 S. Main from D1 (downtown core) to D2 (downtown interface), a lower-density zoning. Currently, a two-story 63,150-square-foot office building – where DTE offices are located – stands on the southern part of that site, with a surface parking lot on the north portion.

In a separate action, commissioners were split on adding new requirements to the Main Street character district, where 425 S. Main is located – but that recommendation was approved. The commission voted 6-3 to recommend changes that include setting a maximum height of 100 feet for properties in that district that are zoned D2, and requiring upper story stepbacks from any residential property lines. That maximum is 40 feet taller than the 60-foot height limit specified for D2 zoning elsewhere in the downtown. Dissenting were Sabra Briere, Ken Clein and Jeremy Peters. Briere serves as the city council’s representative to the planning commission.

During deliberations on May 6, Briere pointed out that the 60-foot maximum height had been cited specifically in the city council directive, and she opposed raising that height limit. The 425 S. Main property would be the only D2 site in the Main Street character district, if the city council approves the rezoning recommendation. Because the requirements would apply to just one site, it seemed like spot zoning to Briere.

Neighbors and others had previously raised concerns that D1 zoning – which allows the highest level of density downtown – would result in a negative impact to that part of town, and had supported downzoning to D2. Several neighborhood advocates attended the May 6 meeting and again supported D2 rezoning, but strongly opposed the 100-foot maximum height.

Andy Klein, one of the property owners of 425 S. Main, also attended the meeting, saying that the site would be unbuildable with D2 zoning and a 60-foot height limit, and that the property’s value would be destroyed. He supported the 100-foot maximum.

Members of the commission’s ordinance revisions committee – which brought forward the proposal – defended it, saying that the combination of D2 zoning with a taller height would allow for more flexible design and less massive structures.

At this time, no new development has been proposed for this site. The recommendations approved on May 6 will be forwarded to the city council for consideration. In the coming months, the planning commission’s ordinance revisions committee will tackle other aspects of the council’s downtown zoning directive.

The other major item on the May 6 agenda related to the Ann Arbor Housing Commission, as part of its major initiative to upgrade the city’s public housing units by seeking private investors through low-income housing tax credits. Planning commissioners recommended rezoning for three AAHC properties: (1) Baker Commons, at the southeast corner of Main and Packard, from public land to D2 (downtown interface); (2) Green/Baxter Court Apartments, at the northwest corner of Green and Baxter roads, from public land to R4A (multi-family dwelling district); and (3) Maple Meadows at 800-890 S. Maple, from R1C (single-family dwelling district) to R4B (multi-family dwelling district).

AAHC director Jennifer Hall explained that PL (public land) zoning doesn’t allow housing to be built on it. As AAHC seeks private funding to rehab its properties, it needs to ensure if a building burns down, for example, it could be rebuilt. In general that’s why the rezoning is being requested. It’s also being requested to align the zoning with the current uses of the property. Hall stressed that the highest priority properties to be rezoned are Baker Commons, Green/Baxter and Maple Meadows, because investors have already been found to renovate those sites.

Two other properties were also on the agenda for rezoning: Mallett’s Creek Court, at 2670-2680 S. Main; and 805-807 W. Washington, on the southwest corner of Washington and Mulholland. About a dozen neighbors of Mallett’s Creek Court spoke about concerns that the vacant part of the parcel, adjacent to Cranbrook Park, would be sold or developed. Hall assured them that there’s no intent to sell, and in fact federal regulations that govern pubic housing prevent such a sale. She said AAHC hadn’t been aware that the vacant land, which includes a wooded area, was part of the parcel until they started the rezoning process. There are no plans to develop that side of the parcel.

Neighbors of the West Washington property are concerned about the amount of impervious surface on that site, and chronic flooding problems in that area.

Action on West Washington and Mallett’s Creek Court properties was postponed by the commission. AAHC and city staff will continue to evaluate these two properties, which will likely return to the planning commission for consideration at a later date.

In other action, planning commissioners recommended the annexation of an 0.22-acre lot at 375 Glenwood Street – currently in Scio Township – and to zone the site as R1C (single-family dwelling district), which matches the zoning of surrounding sites. It’s located on the west side of Glenwood, south of Dexter Road.

And commissioners held a public hearing on a master plan update, as part of an annual review process. Only one person – Changming Fan – spoke during the hearing, asking the commission to include his company’s technology in the master plan.

The master plan resolution that commissioners will vote on at their next meeting, on May 20, will highlight work that the commission intends to undertake in the coming year that’s related to master planning efforts. That work includes the Washtenaw Avenue and North Main corridor plans; helping the Ann Arbor Downtown Development Authority develop a streetscape framework; and helping implement the city’s sustainability action plan. [Full Story]

Ann Arbor planning commission working session (May 8, 2012): Nearly a year after planning commissioners were briefed on a draft report for zoning changes for Ann Arbor’s near-downtown residential neighborhoods, commissioners were presented this month with the final report from the R4C/R2A zoning district study advisory committee, which has been working on the issue since December 2009.

Both kinds of zoning districts were established in the 1960s, and applied to existing neighborhoods. R4C allows for multiple-family residential dwellings, such as apartment buildings, while R2A zoning limits density to two-family residential structures. Planning manager Wendy Rampson described the R4C zoning as “broken” –and most of the committee recommendations relate to R4C districts.

Concerns about R4C/R2A districts have been raised since at least the mid-1980s, and are tied to the question of how dense these areas can be. Although there were smaller projects that caused concern,  two more recent large housing proposals – The Moravian, and City Place – brought the issue to the forefront for people on both sides of the density debate.

In particular, the controversial City Place project on South Fifth Avenue, which combined multiple lots and demolished seven residential houses to build two apartment buildings, has been cited as an example of the need to address R4C zoning. City Place changes the streetscape of that neighborhood, but is analyzed as conforming to current zoning code.

The final committee report includes 10 recommendations, with accompanying analysis. [.pdf of recommendations] The major recommendations relate to: (1) rebuilding structures that don’t conform to existing zoning; (2) rezoning certain areas from R4C to R2A; (3) reducing minimum lot sizes and minimum lot widths; (4) exploring the creation of zoning overlay districts; (5) revising density calculations; (6) revising parking standards; and (7) changing requirements for lot combinations.

Commissioners praised the work of the committee, but much of the discussion related to future process: What are the next steps to take, now that the report has been completed? It’s likely that the group’s ordinance revisions committee will tackle the job of making recommendations for specific ordinance language to implement the changes. Those ordinance revisions would then be reviewed by the planning commission, which would forward its recommendations to city council.

In terms of content, commissioners mostly focused on the idea of overlay districts, which would be a way of preserving the character of different, distinct R4C neighborhoods. Commissioner Bonnie Bona floated the concept of form-based code as an option. Described in a very general way, a form-based approach tends to be more proscriptive regarding the types of buildings that the community wants to see in a particular district, including their design. In contrast, traditional zoning typically sets an allowable range of uses, sizes, placements, and other aspects for a development, but generally leaves the details of those decisions to the developer.

It was generally acknowledged that either approach – form-based or one with overlay districts – would be a complex issue to tackle.

Three advisory committee members – Wendy Carman, Ethel “Eppie” Potts, and Julie Weatherbee – attended the May 8 session. Carman and Potts spoke during public commentary to amplify written comments they had provided as supplements to the report, expressing concerns that some aspects of the report don’t accurately reflect the committee’s views.

During the May 8 session, commissioners also were updated on the city’s sustainability goals, which they’ll be asked to vote on at their May 15 meeting. This report focuses only on the R4C/R2A portion of the working session. [Full Story]

At its May 5 board meeting, the Ann Arbor Downtown Development Authority approved a $2 million payment to the city of Ann Arbor. And about two weeks later, at its May 17 meeting, the city council used the additional revenue in the city’s FY 2011 budget to help reduce the number of planned layoffs in its police and fire departments from 35 to 5.

The $2 million payment was based on a term sheet that a “working group” of councilmembers and DDA board members had put together out of public view over the first four months of the year. The term sheet was adequate to convince a 7-member majority of the 12-member DDA board that the $2 million should be paid by the DDA to the city in advance of a long-term revision to the city-DDA contract, under which the DDA manages the city’s parking system.

The parking contract was most recently renegotiated in 2005 and provided for a maximum payment by the DDA to the city of $10 million over the period from 2005 to 2015. The city drew $10 million in the first five years and had requested in January 2009 that the DDA open discussions to renegotiate the contract.

With the term sheet now out in the open, it’s clear that its content is problematic for councilmembers and DDA board members who were not part of the working group that produced it. Several councilmembers and DDA board members alike have expressed strong opposition to one of the key ideas in the term sheet – that the DDA would assume responsibility for parking violations and other code enforcement.

But based on the term sheet discussion at the May 12 meeting of  DDA’s partnerships committee, the piece of the term sheet of most interest to DDA board members is one that is also the most politically controversial: The DDA would be acknowledged as the engine for developing city-owned land in the DDA district.

The DDA partnerships committee conversation on May 12 came against the backdrop of recent questions raised by the mayor and the city council about what kind of legal authority a DDA has in the context of the city’s system of governance.

And the outcome of the partnerships committee meeting was a decision to hold another full board retreat, this one on May 28 at 2 p.m. at the DDA board room. The general topic of the retreat, which is open to the public, will be the term sheet. The DDA already held its semi-annual retreat about two months ago, on March 16. [Full Story]

Ann Arbor City Council Sunday caucus (April 5, 2009): Like the Michigan State Spartans basketball team practicing  a fast break, Ann Arbor city councilmembers quickly handled their caucus discussion of possible amendments to the planning commission’s A2D2 zoning recommendations, which could be brought forward at their Monday night meeting.

Sabra Briere (Ward 1) called for the ball to address a repaving contract on the agenda, as well as to float the idea of a parliamentary alternative to formal discussions –  ideas that are still rattling around the rim.

Mike Anglin (Ward 5) arrived just as the 20-minute session concluded; he was not asked to run punishment laps around council chambers. An informal shoot-around, in the form of conversational pods among some councilmembers and members of the public, persisted until nearly 8 p.m.

Council’s Monday meeting starts at 7 p.m. on CTN’s Channel 16, which allows at least 2 hours and 21 minutes of council viewing before the NCAA finals begin.

After the break, we provide viewers with a playbook of sorts to follow the action in council chambers. It’s a set of 12 possible amendments to the zoning recommendations passed by planning commission that have been compiled by city staff. [Full Story]