On Monday, the Lowell Planning Commission met for nearly an hour and a half to consider a revised site plan submitted for a development on the east side of town. The proposal, widely opposed by area residents, calls for a mixed-use building that will include 39 residential units and approximately 3,800 square feet of commercial space.
At the end of the discussion, the site plan was passed on a 5-1 vote. All commissioners were present for the meeting except Amanda Schrauben. City Manager Mike Burns and City Attorney Jessica Wood also attended along with Andy Moore, a planning consultant from the firm Williams & Works.
Site Plan Revisions
At the start of the meeting, Greg Taylor from CopperRock Construction presented changes to the site plan which he said represented a “very meaningful sacrifice from our perspective.”
The general purpose and design of the property would remain the same, with the building intended to occupy 112 Horatio Street, Horatio Street itself and the entire north 800 block of E. Main Street, which is where the former RollAway Fun Center was located. The building will be located 7 feet off the sidewalk, and all parking and access points will be in the rear off Avery Street.
The plan is contingent on the court approving the vacation of Horatio Street, an action that would pave the way for CopperRock to build on the roadway land.
The revised site plan made these changes:
- Reduced the number of units from 44 to 39.
- Increased the size of one-bedroom units to 650 square feet to comply with the city zoning ordinance.
- Reduced the east end of the building from three stories to two stories.
- Adjusted building setbacks, most notably on the west side where the setback increased from 15 to 20 feet.
- Eliminated on-street parking for apartment residents.
- Moved the dumpster to a location along the west lot line.
Taylor also referenced a letter from Progressive AE, an architectural design and engineering firm, that analyzed traffic expected from the development. It was unclear who had requested this letter, but CopperRock Construction and Progressive AE have worked together on past projects.
In the letter – addressed to City Manager Mike Burns – Christopher Zull, practice leader for Progressive AE estimates that during peak morning hours, only 18 trips are expected to be taken by residents. These represent 14 outbound trips and 4 inbound trips. During peak afternoon hours, the total number of residential trips can be expected at 22, with 14 inbound and 8 outbound.
It has been anticipated that the commercial space would be used for a restaurant, and Zull estimates total peak morning and afternoon hour trips to that business to be 33 and 31, respectively. Zull did not provide numbers for overall daily traffic.
The 10th edition of the Institute of Transportation Engineers Trip Generation Report estimates that apartments can be expected to create 7 daily trips per unit. Other studies put daily trips at lower numbers, noting that apartment dwellers may be more likely to use public transportation. However, there is no widely available public transportation in Lowell.
Taylor also noted the building would be professionally managed by a staff with decades of experience. A second letter of intent had also been received for the commercial area, meaning that it could be office space rather than a restaurant as previously shared.
“We’re excited to move forward with this project,” Taylor said.
Public Comments
After Taylor’s presentation, the floor was opened for public comments, and six residents spoke in opposition to the plan. (Note: The author of this article owns property in the 700 block of E. Main Street and sent an email to commissioners in opposition to the plan on the grounds it did not fit the purposes and spirit of the city’s Master Plan.)
Shelbey Phillips, whose house shares a lot line with the development, said she wasn’t sure why developers made the east side of the building two stories instead of making that change on the west side. On the east side, there is a road and green space separating the building from houses, but her house has no such buffer.
“It feels a bit inconsiderate to put the garage bin right by the property line,” she added. Where placed, the dumpster will be right next to her backyard.
Finally, Phillips noted that at a community meeting with CopperRock, she had asked Taylor about the hours of the expected restaurant and whether it would have a liquor license. According to Phillips, Taylor told her that he didn’t have that information. However, at the next Planning Commission meeting, he said the restaurant was one with which his company had worked in the past so he should have been able to provide some information based off that.
Bob Rowley, who lives on E. Main Street across from the development, spoke next and commented on the length of time Taylor spoke compared to the three minutes allotted to residents. He added that many residents didn’t come to this meeting since they didn’t feel heard at the last one.
While Rowley felt the parking situation was improved by moving residents off the street, he noted that left only eight spaces in the parking lot for commercial customers. He also referenced the city Master Plan which includes language about three-story buildings being at least 150 feet away from single family homes and recommends no more than 10 dwelling units per acre in multiple family residential developments. The CopperRock proposal has a density level nearly three times that amount.
“This doesn’t match,” Rowley said. “It doesn’t fit here.”
Chair Bruce Barker noted that the commission had received a multi-page letter from the Rowleys as well as an email from Maryalene LaPonsie. “We did get it, and I am presuming – I know my commissioners well – we have all looked it,” he said. However, the issues raised in those letters were not shared or addressed during the meeting.
Donald LaPonsie, who lives two doors down from the development, said he didn’t think Progressive AE was an unbiased source of information and questioned whether only 14 people would be leaving the apartments each morning.
“It felt like we all came up here last month and you guys didn’t listen or discuss anything we discussed,” he said. “It would be nice if you would explain why you think what we’re bringing up is unfounded. None of you guys would want to live by this, and we don’t either.”
John Sterly, who lives on Avery Street, said he would like to see cars enter the development from Main Street and exit on Avery. He thought keeping Horatio could help accomplish this.
“This is very much a project that is putting profit over placemaking,” said Mayor Mike DeVore who spoke at the meeting as a private citizen.
Pam Rowley did not feel the development met Standard A of the site plan review process which references public safety and welfare. She was worried about the lack of on-site management, and the fact that visitors to the commercial space would likely need to park on the road. She encouraged commissioners to call a special meeting in which they could pay a visit to the site and see first-hand how difficult it can be to pull out of her driveway with vehicles parked on the road and blocking visibility.
Commission Discussion
After public comments, Moore reiterated the changes made by CopperRock. At the last meeting, commissioners asked about a curb cut on Main Street or Grove Street, and Moore said the Michigan Department of Transportation didn’t think a curb cut on Grove Street would be in the best interest of safety. They would need to do a study before making a decision on the impact of a curb cut on Main Street, though.
Moore said that it was his professional opinion that the current plan with all access points on Avery was best. He added that he had consulted with the city engineer who concurred. The City of Lowell website does not list a city engineer, and it is unclear who serves in this role.
Taylor responded to concerns about on-site management saying it would be “overkill for a project this size.” He noted that 95% of property management work can be done remotely.
Later, CopperRock president Dean Rosendall stated while gesturing to someone in the audience, “This is a local group. Matthew and his family live in Lowell.” It was unclear whether the Matthew referenced will be the property manager or the owner. Rosendall continued by saying, “It will be locally owned, and it’s an investment for the CopperRock people here.” Currently, the two properties involved in the development are owned by LLCs which both have attorney Jason Schnelker as their registered agent.
Commissioner Tony Ellis asked about lighting on the property, and Taylor said standard poles and fixtures will be used. While the city ordinance requires details on the design and location of all exterior lighting on site plans, this information did not appear to be visible on the paperwork included in the Planning Commission packet.
Barker suggested the city do a traffic count on Division Street now and then another one a year after the development is completed. Depending on what the numbers show, Lowell could then ask MDOT about placing a stop sign in the area or perhaps a roundabout at the entrance of the city to slow traffic down.
Commissioner Mike Gadula asked about snow storage, and Taylor pointed to the green space on the site plan and said that would be used. Gadula asked how snow removal would work since many commercial plowing services work at night and the lot would potentially be full, blocking access to those green spaces. Taylor said the company would “work around that.”
Commissioner Dave Cadwallader asked if there was any possibility of moving the dumpster. Taylor said the company would look into that, but as envisioned, it would be against a stockade fence and “There really is no other spot to put it.”
Commissioner Marty Chambers said there is a dumpster by his business on Main Street, and residents live on the second floor of buildings there. He didn’t think the dumpster would bother anyone as long as it was emptied twice a week.
After additional discussion, it was decided that an eight-foot masonry closure with a lid would be best. However, Taylor added that CopperRock would also consider whether the enclosure could move elsewhere on the site.
Ellis noted that Avery was a narrow street and asked if would be widened. Burns said that the road could be widened by 1.5 feet when work was done to add a water main on Avery to accommodate the development.
Vote on Site Plan
After this discussion, Moore read through the six standards that should be met for approval of a site plan. He shared his opinion that they had all been met.
Commissioner Colin Plank asked about Standard A, noting that it states the “Uses and structures on a site shall be planned to take into account topography, size of the property, the uses on adjoining property and the relationship and size of buildings to the site.”
Moore said that since surrounding properties are all zoned R-3 and could conceivably have 35-foot structures, the proposed mixed-use building was compatible with the neighborhood. Plank replied that that the standard doesn’t refer to what could be placed on adjoining properties but what is there now.
Barker then made motions to accept that each standard was met, combining Standards E and F into one motion. These standards refer to whether the ordinances of Lowell are met and whether the site plan meets the purposes and spirit of the Master Plan.
Plank voted no on the motions for Standard A and Standards E/F. All other motions were passed unanimously.
Then, Barker made a motion to approve the site plan with specific conditions, including the masonry enclosure for the dumpster. The motion to approve the site plan was passed 5-1 with Plank voting no.
“Congratulations,” Barker said to Taylor after the vote.
“I’m just glad that this is over and off our plates,” Chambers remarked.
Construction is contingent on the court vacating Horatio Street. CopperRock has sued the city and nearby property owners for the ability to use that land, and both the city and about a dozen residents have filed an objection.
The meeting adjourned at 8:24pm. The next regular meeting of the Lowell Planning Commission will take place on Monday, November 13, at 7pm in Lowell City Hall.
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