Practically every seat was filled in council chambers at Lowell City Hall on Monday night. The Planning Commission meeting drew residents who wanted to share their thoughts on several agenda items. Most notably, a proposed auto sale in the Tractor Supply Co parking lot and housing projects on Riverside Drive and E. Main Street drew the most comments.
The meeting lasted more than 2.5 hours, and the commission just barely had a quorum present with Commissioners David Cadwallader, Colin Plank and Amanda Schrauben absent.
Auto Sale Permit Denied on Grounds of Public Safety
Last month, the Planning Commission tabled a request by West Michigan Auto Xchange to hold a ten-day auto sale in the Tractor Supply Co parking lot. The company had already received permission from the lot owner but needed a permit from the city as well. A similar sale was held by the company last year at Lowell’s Recreation Park, also known as the fairgrounds.
While there were no objections to last year’s sale, three councilmembers and two Lowell car dealerships shared their opposition to this year’s sale during the June Planning Commission meeting. A motion was subsequently made to say that the city’s standards for a permit were not met, but that was withdrawn after City Manager Mike Burns suggested consulting with the city attorney first.
Last night, the floor was opened for public comments again, and residents Perry Beachum, Mike DeVore and Craig Fonger all spoke in opposition to allowing the sale. Of particular concern seemed to be an advertisement sent by the company last year that appeared to imply the recipient had won $1,000 when they had not.
“No legitimate operation would do that,” Fonger said. He added that the proposed sale wouldn’t add to the vibrancy of Lowell and was a “smack in the face of our local car dealerships.”
Jason Miller from West Michigan Auto Xchange pushed back on those concerns. “There are dealers in this city that have used the same type of advertising,” he said. Miller added that his company stood behind their vehicles and had a 4.5 star rating on Google which he said was the same as Lowell dealerships.
Charlie Jeffrey, general manager of Betten Baker Buick GMC Lowell, acknowledged running similar promotions in the past but said he wasn’t proud of it. He said these types of temporary tent sales did not benefit customers. “People were severely overcharged on cars,” according to Jeffrey, and he said many people came to his dealership under the assumption that repairs could be made under warranty. Jason Cardis of Zeigler Ford of Lowell echoed Jeffrey’s comments.
George Cook, an employee of Zeigler Ford of Lowell, noted that his daughter went to the sale last year and was told she would need to have her credit checked before they could tell her the price of a vehicle. He also noted his dealership had experienced people arriving under the assumption that Zeigler would make warranty repairs for physical damage on their cars.
City Attorney Jessica Wood said issues such as misleading advertising could be somewhat relevant to discussion on the application but encouraged commissioners to stick to the city permit standards.
In discussing the standards, Commissioner Marty Chambers felt that the first standard related to public health and safety was not met because there was no plan for addressing pedestrian safety in the parking lot. He also thought having a tent sale was not harmonious with Lowell’s downtown.
“We have tents all the time so that’s a nothing,” said Chair Bruce Barker later in the discussion. It was noted earlier in the evening that the tent for the car sale would be roughly the same size and in the same location as the one used by Jake’s Fireworks.
Barker was concerned, however, with an increase in traffic because of the sale. The event coordinator noted that the sale drew 700 customers last year, and the event lasted for 10 days and was open for 10 hours each day.
“On any given day…it’s dangerous in there,” Barker said. “To add another 700 cars, minimum, into that mix…increases that likelihood of something happening.”
Commissioner Tony Ellis thought that buying local was part of supporting the public welfare, and for that reason, a sale from a business outside the community did not meet the standard criteria. “I think that’s where it fails – the welfare,” he said.
Commissioner Michael Gadula did not make any comments on the matter.
After commissioner discussion, Barker made a motion that the permit application did not meet the standard for protecting the public health, safety and welfare. Chambers seconded the motion, and it passed unanimously. A second motion to deny the special land use permit for similar reasons passed unanimously as well.
Four-Unit Building on Riverside Drive Approved
After many false starts, the site of a former Lowell Light & Power line shack is closer to being redeveloped. Planning commissioners approved a site plan to transform the space into a three-story residential unit that will house four condominiums. Garages will be located on the ground floor, and living spaces will be located on the second and third floors.
There did not appear to be any opposition to the plans although resident Patty Elzinga spoke earlier in the meeting to say she had the “misfortunate to work with Todd Schaal,” the project developer. She described his behavior as abusive and added: “I still shudder when I think of him.”
Elzinga was one of two residents from RiverView Flats present at the meeting. They said the RiverView Flats condominium project – which is being developed by Schaal at the former site of Unity High School – has not been completed as promised.
The concerns about RiverView Flats did not derail the site plan review for the Riverside Drive project though. After questions about trash collection, fire access and other zoning requirements were answered, the site plan and special land use permit for the project were passed unanimously.
Schaal said the current line shack building should be demolished this year, and construction on the new project should start next year.
Rezoning for Development at RollAway Property Recommended
The final item to garner significant discussion was the redevelopment of the former RollAway Fun Center property on E. Main Street. CopperRock Construction has proposed placing a mixed-use building on the site that would include 44 residential units and 3,800 square feet of commercial space.
Greg Taylor, speaking for CopperRock at the meeting, said the company had a commitment from a small restaurant to be located there. The residential units would include one-bedroom units of 625 square feet and two-bedroom units of 905 square feet.
In order to accommodate the development, CopperRock has requested that the RollAway property – 805 and 825 E. Main Street – be rezoned to the mixed-use district. It has also asked that 112 Horatio Street be rezoned to the mixed-use district, and that Horatio Street be vacated.
When a street is vacated, the land is split between the adjoining property owners. Since CopperRock apparently owns the properties on both sides of the street, it would be given the street for use in its development.
Taylor said CopperRock had purchased the RollAway property last year and tried to determine whether they could repurpose the building. While that ended up not being feasible, he said historic elements would be salvaged.
He added that the company also considered a 20-unit residential development on the property but decided against that as well. “That size project was not viable because of the cost per unit,” Taylor explained. Instead, the current 44-unit proposal was developed as the “highest and best use as defined by not only by our market research but also by our lender and appraiser.”
Ken Dixon of Dixon Architecture in Ada said the project will provide a type of housing that is missing in West Michigan. He noted that prior to World War II, people lived in urban cores and supported small businesses. After the war, people moved to the suburbs and that “destroyed the mom and pop stores.” He hoped that people who worked at downtown restaurants and shops would be able to live in the proposed apartments and walk to work.
At last night’s meeting, there were two items on the agenda related to the project: the rezoning request and a site plan review. While the Planning Commission makes a recommendation on rezoning, the decision ultimately lies with the city council.
When the Planning Commission opened the public hearing, nine people spoke and two letters were read into the record. (Editor’s note: The author of this article owns property in the 700 block of E. Main Street and sent a letter expressing concerns about the density of this project.)
With one exception, all who spoke shared concerns about the proposal as presented. These included the following:
- Vacating Horatio and giving it to developers without any compensation to the city.
- A large influx of new residents in a small space.
- The impact on water lines to homes on Avery Street, existing poor water pressure and whether the system could handle the 44 new units.
- Parking and traffic safety concerns, specifically related to those who need to turn left from Grove or back out from driveways on Main Street but do not have a clear vision because of parked cars.
- Snow removal in the winter since the plan uses on-street parking to meet the parking requirements for residents.
Fonger, who was the only person to give the proposal his full support, thought objections to vacating Horatio Street and giving the land to developers were not valid. “It releases the city of a lot of expense of maintaining a property,” he said. “The city, in the long term, is really getting money back on this.”
Bri Cornish, who lives on N. Division Street, said she had collected signatures from 70 area residents who were opposed to the project as presented. She was concerned about adding a large number of renters in a small area and also how the project was presented. “It seems very established and yet, I don’t know why,” Cornish said, noting the approval process had just begun.
Alexis Wheeler had a more personal reason for opposing the development. “I actually live at 112 Horatio,” she said. “This is kinda a big deal for me. I’ve going to be kicked out of my home if this is put through.” Beyond that, she felt the development did “fit the vibe” of the area and would be more appropriate near Meijer.
“Everyone was concerned with the safety of traffic or pedestrians with the dealership for just 10 days, but this will be permanent,” Wheeler said. “This will be a lot of vehicles and people coming with them.”
Others noted they did not oppose developing the property or placing apartments there, but they thought the number of units being proposed was too many. “As far as the zoning, I think [mixed use] is perfect for this spot,” said Clarke Jahnke, a city resident who is also a former Planning Commission member and chair. But he added that parking was a concern. “I think that’s going to be a big problem.”
After public comments, there was some short discussion about the speed limit on Main Street, which Burns noted was controlled by the Michigan Department of Transportation.
There was no further discussion before Barker made a motion to recommend that Lowell City Council rezone 805 and 825 E. Main Street and 112 Horatio Street to the mixed use district. Ellis seconded the motion saying, “To the public, this is the fun of creating a safe environment for everybody – looking at the water, looking at the parking, this is what we do generally. This is our job, I guess. We take all those things very seriously.”
The rezoning recommendation passed unanimously, and Burns said it should be before Lowell City Council at their meeting next Monday.
Barker asked to table the site plan review of the project until September to give the commission more time to review and that was also approved unanimously.
Other Meeting Items
Other items from Monday’s meeting include the following:
- A change to the sign ordinance was recommended to Lowell City Council by a unanimous vote. The change was prompted by a Supreme Court decision that says cities can regulate the form and placement of signs but not their content.
- A site plan review of an accessory building at 414 E. Main Street was tabled because the applicant was not present, and commissioners needed additional information about the building.
- A presentation on the master plan update timeline was provided.
The meeting adjourned at 9:37pm. The next regular meeting of the Planning Commission will take place on Monday, August 14, at 7pm in Lowell City Hall.
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