Title
Resolution Directing the City Administrator to Negotiate a Revised Consent Judgment in Support of Development for 2857 Packard Road
Memorandum
Currently, the City of Ann Arbor and Robert Weber are parties to a consent judgement that resolved a zoning lawsuit filed against the City in 2018. This consent judgement has the effect of approving the referenced site plan and development agreement, as well as prescribing additional obligations for the parties. This judgement is recorded with the court and is the governing document that prescribes and limits how the site may be developed.
Prior to this consent judgement, the following actions occurred relative to the consideration of development at this site:
• December 19, 2016 - City Council approved a rezoning of the site from R1C to R1E with Conditions (Maximum 52 homes of varying sizes and architectural styles, a minimum of five ranch homes along the perimeter, garages shall not project further than 12 feet from the front of house, and a 15 foot landscape buffer is provided around the perimeter of the site), and a corresponding Area Plan.
• September 19, 2017 - City Council defeated a submitted site plan. This action was consistent with the Planning Commission recommendation and City staff recommendation that the proposed plan did not limit the disturbance of natural features to the minimum necessary to allow a reasonable use of the land, and the failure to meet criteria set forth in the UDC for consideration of the petitioner’s statement of natural features impacts.
• August 2, 2018 - Peters Building Co. and Robert Weber v. City of Ann Arbor (Case No. 18-822-NZ) lawsuit filed.
• February 19, 2019 - City Council directed the City Attorney to stay proceedings in the lawsuit, to enable the petitioner time to submit a PUD zoning request and site plan, and for the City to fully consider such application.
• October 7, 2019 - City Council defeated a PUD zoning request and PUD site plan for the site.
• November 4, 2019 - City Council defeated a resolution that would seek to settle the lawsuit via a $3 million purchase of the property utilizing Greenbelt Millage funds.
• November 18, 2019 - City Council directed the City Administrator to collaborate with the Ann Arbor Housing Commission to provide recommendations back to the City Council on how the property could be obtained, financed, and utilized as both a carbon sequestration asset and developed to incorporated affordable housing. At this same meeting City Council authorized settlement of the lawsuit via consent judgement. The consent judgement included numerous provisions, including the following:
o Approval of the attached site plan through August 20, 2019
o Construction of 51 homes, comprised of 25 single-family detached homes and 26 attached, townhouse style homes.
o The preservation of 62 Woodland Trees and 13 Landmark Trees
o 7 dwelling units per acre
o A City-approved landmark tree maintenance/management plan and invasive species control plan to be implemented for five years after completion of construction. A noteworthy component of the plan was the retention of two Landmark trees, a 60” Burr Oak and 41” Burr Oak (2019 measurements). Roberston Brothers Homes representatives indicate that one or both of these trees are now dead.
o Maximum home size of 2,000 square feet, not including basements, which are not permitted to be finished into habitable space.
• March 1, 2021 - City Council directed City staff to evaluate the feasibility of an alternative development proposal for the site that was being considered by the property owner.
The property owner is currently in talks with Robertson Brothers Homes to develop a revised site plan concept that would require amendment of the consent judgment. Because property acquisition negotiations are typically time-sensitive, and can impact development costs if/when they extend, this resolution directs City staff to undertake negotiations with the property owner regarding amendment of the consent judgment now, with the understanding that any agreed-upon amendment must be presented to City Council for approval and then filed with the court. This resolution also directs aspects of a proposed development that the City should prioritize as values in the negotiation.
Staff
Prepared by: Brett Lenart, Planning Manager
Reviewed by: Derek Delacourt, Community Services Area Administrator
Christopher Frost, Senior Assistant City Attorney
Approved by: Milton Dohoney Jr., City Administrator
Body
Whereas, On November 18, 2019, Council approved a resolution (R-19-526) authorizing settlement of Peters Building Co. and Robert Weber v. City of Ann Arbor regarding the development of property at 2857 Packard;
Whereas, A consent judgment settling the litigation between the developer, Peter’s Building Co., property owner, Mr. Robert Weber, and the City was entered by the court on January 6, 2020 which governs development of the site;
Whereas, Mr. Weber is now working with Robertson Brothers Homes to pursue an alternative development of the site; and
Whereas, The City has received a request to amend the consent judgment so that an alternative development can be pursued;
RESOLVED, That City Council directs the City Administrator and City Attorney to negotiate an alternative development of the site pursuant to the attached concept plan; and
RESOLVED, That City Council directs the City Administrator to prioritize the following values in seeking an alternative development proposal in this order:
1. Assessment and protection of landmark trees and woodlands on the site.
2. Zero or reduced carbon emissions from the development when compared to typical construction.
3. Fully electric development.
4. The provision of desired housing forms that complement existing housing stock across the City.
RESOLVED, That City Council directs the City Administrator and City Attorney to present recommendations on any proposed amendment to the consent judgment by June 30, 2025.