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Traverse City commission approves Lot B reconstruction and Farmers Market pavilion amid zoning dispute
Summary
The commission voted 5–2 on May 4 to authorize contracts and a DDA funding agreement for the Lot B reconstruction and a Farmers Market pavilion, approving a multimillion-dollar package despite objections from some commissioners who urged delaying award until a Planning Commission zoning text amendment is complete.
Traverse City’s City Commission approved contracts and a funding agreement on May 4 to reconstruct Lot B and build a Farmers Market pavilion, moving forward with a project staff and vendors have pushed for years despite a last-minute zoning dispute.
The motion authorized city officials to execute construction and construction-management contracts and a funding agreement with the Downtown Development Authority. Commissioners recorded a 5–2 vote: yes from Commissioners Treadwell, Bomer, Mayor Pro Tem Ness, Funk and Mayor Amy Chamro; no votes from Commissioners Shaw and Anderson.
The project combines a parking-lot reconstruction funded mainly by the city’s Parking Services with a pavilion paid for by the DDA. Staff said the DDA will contribute $110,000 toward stormwater management and provide $2,954,217.68 in funding for the pavilion and related work; Beckett & Rader was named for construction management and the motion read authorization for construction contracts (amounts read aloud in the meeting materials). Staff said construction was expected to start after the Cherry Festival in July and be complete by October–November.
The vote followed a contentious debate over whether a farmers market is an allowed use in the site’s OS (open-space) zoning. Several commissioners and members of the public urged a short delay so the Planning Commission could complete a text amendment and public hearing scheduled the next day. Commissioner Jackie said attorneys who had submitted emails asked the commission to verify the zoning in place in 1984 and review case law before awarding a multimillion-dollar contract.
City Attorney Lauren Tribbleau and staff said the market has operated at Lot B since 1984 and therefore functions as a legal nonconforming parkland use; Lauren said municipal markets are a natural parkland use and that courts have recognized similar uses in other municipalities. City staff cautioned that postponing the contract would likely delay the project into the next fiscal year and could affect the summer construction schedule.
Supporters emphasized the project’s public-engagement history and strategic-plan alignment. DDA executive Harry Burkholder and farmers said the market is an economic engine: Farmers Market Manager Kyle Warner said the market supplies livelihoods to nearly 100 approved vendors and that a permanent pavilion would improve safety and reliability in bad weather. Several vendors and advisory-board members told the commission they fear delays would harm vendor income and attendance.
Opponents framed the issue as process and evidence: Commissioner Jackie and others said they might change their vote depending on facts presented at the Planning Commission public hearing and requested that the record on the zoning question be closed before committing funds.
The commission asked the Planning Commission to proceed with its public hearing and staff to provide any additional information about timing and legal risk. The mayor thanked staff and emphasized the need to support farmers while acknowledging public concerns about process. The commission’s approval allows staff to finalize contracts and begin pre-construction work.
Questions remain about precise contract figures and contingency amounts as read into the record at the meeting; staff indicated final contract forms will be subject to the city manager’s approval of substance and the city attorney’s review of form. The Planning Commission hearing on the zoning amendment was scheduled for May 5, and staff said they would report back as new information becomes available.
