City Council approves LIVE nightclub zoning changes to allow high-rise, defeats ordinance to increase public safety at frat concerts

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The Ann Arbor City Council met in Larcom City Hall Thursday evening to discuss the rezoning of land and an ordinance which would increase restrictions on public events posing risks to public safety — such as concerts at fraternity houses.

The meeting was the first time City Councilmembers had convened since the Aug. 4 primary elections. Incumbent Councilmembers Cynthia Harrison, D-Ward 1, and Jenn Cornell, D-Ward 5, won their bids for reelection. Mayor Christopher Taylor lost his reelection bid to Washtenaw County Commissioner Yousef Rabhi, D-District 8, who will take office in November.

During public comment, residents Mozhgan Savabieasfahani and Blaine Coleman celebrated the mayoral election results. Savabieasfahani said she is outraged with Taylor’s 12-year administration.

“I’m happy to see you leave because you have let down the people of Ann Arbor for many, many years,” Savabieasfahani said. “You have failed to provide a lot of things for us. You haven’t cleaned the Gelman dioxane contamination, no public housing for the people, no raise in minimum wage — none of that was accomplished under your leadership.”

Taylor did not acknowledge the election results during the meeting, but thanked voters for showing up to the polls and city officials for facilitating a free and fair electoral process.

Afterward, the council unanimously approved B-3, an ordinance which rezones land at the intersection of North First Street and West Huron Street — encompassing LIVE nightclub, The Last Word bar and the Arbor Atrium building. The current property owner hopes to sell the land — which is already zoned to allow seven stories — to a developer planning to build a luxury high-rise. The new zoning will allow three extra stories to better fit in with the adjacent Allmendinger Building, but does not increase permitted housing density.

Councilmember Erica Briggs, D-Ward 5, acknowledged that residents will miss the businesses, but said voting against zoning changes will not prevent the city from changing.

“I know we’ve heard some concerns, and we’ve received a protest petition,” Briggs said. “This is not changing the density that is allowed within that building. It is simply changing the form of the building, allowing it to be a little bit taller in order to accommodate and better serve future residents there so that they’re placed further back from the railroad tracks. … What’s being offered in exchange is very much in line with our interests in terms of providing greater sustainability, affordability and more community amenities.”

Most of the meeting concerned C-1, an ordinance which would require event organizers to submit a permit 60 days before planning large commercial events with stages, amplified sound, fencing, generators and over 250 attendees.

C-1 would also allow permits for certain public events currently prohibited by zoning. It would not affect events aligned with the property’s intended use, and would therefore not affect fraternity parties, block parties, weddings, funerals, campaign events or religious services.

Concerts held at fraternities or sororities, however, are not exempt. Councilmembers specifically referenced a concert held by rapper DaBaby at Phi Gamma Delta during last year’s Welcome Week.

Fire Chief Mike Kennedy said the Ann Arbor Fire Department has received requests for concerts every year, from 2021 to 2024 — all were denied due to safety concerns. In 2025, two concerts occurred without the city’s permission, which Kennedy said endangered many attendees.

“The big issue for us from a life safety perspective is these are ticketed events,” Kennedy said. “They’re using usually an eight- or ten-foot chain-link fence, so we’re creating significant crowd crush concerns. We’re creating significant egress concerns. Even if unintentional, a stand knocks over, it’s a bang — people panic.”

During last year’s concerts, Kennedy said AAFD was able to remove the fencing, but could not address other concerns which did not present an immediate risk to concertgoers’ safety. He also said organizers were willing to organize events illegally knowing they would be fined.

While the new ordinance would not ban these events, it would encourage organizers to follow the law by establishing stronger penalties for safety standard and occupancy limit violations — a $10,000 fine and up to 90 days in jail.

Multiple councilmembers critiqued the ordinance’s verbiage. Councilmember Travis Radina, D-Ward 3, said the ordinance’s exemption for First Amendment-protected speech creates a loophole. 

“We have an idea of what we are trying to encompass in this, and rather than saying that, we’re trying to create these broad exemptions,” Radina said. “If we have an artist who comes to campus and is gonna perform at a house party, and we’re gonna have a thousand people there, and they bill it as a ‘concert against the government,’ is that a First Amendment-protected activity?”

Councilmember Dharma Akmon, D-Ward 4, said events like author Marlon James’ upcoming Sep. 3 book reading, which would otherwise be allowed, might be prevented under C-1 due to the ordinance’s proposed baseline capacity.

“I see this as potentially covering things that I really don’t think the government wants to meddle in,” Akmon said. “When I hear you describe the types of events that we’re concerned about — thousands of people, but then we have 250 (in the ordinance). It seems like there’s a huge disparity.”

Planning Manager Brett Lenart said, though staff struggled to settle on the wording, the ordinance intends to enhance public safety regardless.

“It is very, very difficult … to draft the perfect articulation and identify and predetermine which events are gonna fall into what categories,” Lenart said. “I will be honest with you: There will be some outlier in the future that we have not contemplated or might not fit directly into this.”

Taylor said the ordinance should be passed before Welcome Week — when large concerts are more likely to occur — and can be amended later as needed.

“I’m prepared — understanding the swirls and eddies — to vote yes today and to encourage its passage later, and then perhaps follow on after its passage for request to have it modified so as to be in line with some of the thoughtful commentary today,” Taylor said.

Ultimately, the Assembly defeated the ordinance, six votes to five.

The council also unanimously approved DC-1, a resolution to amend the council’s rules to prohibit discussing new agenda items after 11 p.m. in order to keep meetings timely. 

Daily News Editor Dominic Apap can be reached at dapap@umich.edu

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