VBT planners turn down changes for Hampton Manor

The Van Buren Township Planning Commission scolded Sam Martin, vice president of the Hampton Manor chain, for doing whatever he wanted when building the assisted living and memory care facility at the corner of Tyler and Morton Taylor roads.
Martin came before the commission at its Sept. 27 regular meeting to seek site plan amendment for his facility. He was alone representing Van Buren Investors Land Holdings LLC.
Vidya Krishnan, principal planner from McKenna, said the applicant made numerous changes and they should have sought amendments before the changes.
“No C of O can be granted,” Krishnan said, referring to the certificate of occupancy being sought.
She said the east side of the building was supposed to be brick and it was replaced with siding, which is not remotely in compliance.
She said there is not a metal roof and that has been replaced with shingles. Doors have been added to the north and south sides of the building.
Krishnan said the color of the siding was the biggest change. She said during the planning process, the developers wanted blue siding and were emphatically told no. She said the blue had been a color used on their buildings in the past.
She said no other applicants in her experience have built so differently to what they agreed to. She said others came with amendments before proceeding.
Dan Power, director of planning and economic development, said a resident observed some of the changes and came forward. He said building inspectors routinely check day in and day out, but they checked the foundation, drainage, electrical and the like not the aesthetic conditions.
Director Power said it was his role to review the final site work and architectural elevation when it’s time for the developer to seek return of the bonds. He said this review was hastened by the resident’s observations.
Martin said during the pandemic is was a problem to get supplies, but they got a good deal on the siding and so used it on three buildings.
“We didn’t come back to your committee and I don’t know why we didn’t,” Martin said, adding that it’s honestly beyond him why they didn’t. He said when they get the materials cheaper the savings are passed on to their residents.
“Our cost is a lot lower than anyone else,” he said. Martin said their business is privately owned and so they can let people in to live if they can’t afford to pay the cost. He said they started ten years ago and now they have 30 buildings in the U.S.
Commissioner Bernie Grant, an architect, asked Martin if he was involved in the details of the construction or the details of the permitting and he said he was at first and then wasn’t. He said he wasn’t involved during the bidding process, but their architect was involved.
Commissioner Grant said the foundation was not built to accommodate the band of brick and Martin said that was true.
Grant said there were six different finishes and they used asphalt shingles and synthetic stone. He said that leads him to believe that was intent to do this from the start because of the cost savings.
“I’m in the industry … We built buildings during the pandemic and you could have come to us with changes,” Grant said.
Martin replied that there was no intent to do this.
“This is a huge step beyond the original drawings,” Grant said. “A huge step down. There was no vinyl siding ever on the plans…
“I don’t think this is acceptable,” Grant said, asking the consultants what “revoke” means, if the commission turns down their request.
He said they have to change the foundation for the brick and that can be done by digging down. And, adding the doors were another thing. He said they left the architect out of the process and if he was involved this wouldn’t happen.
“My feeling is it’s not far enough along … for the township to accept it,” Grant said.
Martin said there are homes right across the street that have blue on them and he had produced pictures of them without addresses. He said they made sure their buildings don’t look like industrial buildings.
Grant said the commission approved the site plan which is a binding contract. He suggested they get really working harder with the township on this.
Krishnan said her letter to the commission on the issue is not a recommendation. She said it’s up to the commission to make the decision. Also, she said, he cannot compare his building to single-family homes.
“We didn’t follow directions,” Martin conceded, but he asked if the building wasn’t pleasing to look at when you drive by?
Commissioners replied, “No, no, no,” to that question.
“Whether one of us finds it attractive is irrelevant,” said Commissioner Jeff Jahr. He said during the early meetings on the development, which Martin did not attend, residents were concerned about the building and voiced serious concerns.
“It’s not up to you to decide what our standards are,” Commissioner Jahr said. “We decided what was appropriate.”
Commissioner Jackson Pahle, who said he was a newer commission member joining the commission in February and wasn’t present for the early discussions, noted the community needs elder care and he doesn’t have many issues with the building.
Commissioner Pahle said, however, the township does have standards and they have to abide by them.
“You make it hard for us to deal with other developers who work to build to what we have approved,” said Township Treasurer Sharry Budd, who sits on the planning commission.
“This is the first time a builder came in and did whatever you wanted to do,” she said, referring to her long experience with the commission. She said he had no regard for all of the plans they worked so hard to approve. “It makes it awful hard for me to really believe you now.” She said that the blue was their logo, as he stated in a note.
She said this makes it very hard for the commission to deal with other developers who come in.
Commissioner Medina Atchinson said she knows builders who had to wait a year for what they needed.
She said he’s expecting them to approve what he has done, but if they let him by it would be putting the commission in a bad situation.
“You’re also telling me I have failed the people I represent. We all agreed with what was code. I hate to beat you up so bad, but it’s 8:21 p.m.” This all over a self-inflicted problem they created, she said. The meeting began at 5:30 p.m.
“He is vice-president,” said Jahr. “Why vice president and not president or CEO? This revocation of a site plan is a very serious problem to address.”
He said he is not convinced that revocation of the building permit should be done now and, “I understand you made a mistake. You are in violation, an indisputable fact.” Jahr said he should build it as originally designed.
He added that over the pandemic, the township made revisions because of unavailability of materials and timelines were extended.
“We’re interested in working with you,” he said, noting the materials approved three years ago may no longer be available, but versions of the materials are available. “I don’t want to shut the door on you working with us,” he said.
He urged Martin to bring in samples as required and not send them by zoom. He said the township will work together with him to try to solve the problems.
“Don’t hand me the as-builts and say this is what I want,” Jahr said, adding that he could go on about health care not being cheap in our senior community. He will save that for another meeting.
Grant said he agreed with Jahr and the township likes to work with architects and engineers and he would encourage that.
Krishnan asked the commission to give direction to the administration on what it wants, so the administration won’t have to keep coming back to the commission with proposals.
Grant said he wants to see them get the construction as close as possible to what was approved.
Martin asked if Grant meant there should be no siding at all and Grant replied he wants it to be as close as possible to what was approved.
“You have a final site plan approved … Get it as close as possible,” Jahr agreed.
Krishnan said the blue siding hits you in the face. That’s what hits everyone.”
Commission chairman Brian Cullin agreed, “That blue does not work… Earth tones was chosen…”
Jahr said in the early meetings some of the details were marked “conceptual” by the developers and the township asked them to take that “conceptual” wording out in a letter in December 2019. It was not to be changed, Jahr said of the site plan.
“You guys were told this, you guys knew they weren’t supposed to change anything…,” Jahr said.
Krishnan said he original site plan is valid if the request for site plan amendment is denied.
Jahr asked if a stop work order was in place and Power said yes as a mechanism to apply final inspection. Power said the interior can be used while work is done on the outside.
Jahr said a temporary certificate of occupancy was requested.
Power said the township tries not to partner with the interior C of O and the landscaping and exterior. He said there are bonds on site work.
Jahr said because of all the work to be done he doesn’t see any form of separation from the C of O on this.
Power said that was completely reasonable.
Grant said do not grant a C of O since the building is not completed. The last thing you want to do is allow him to use the inside while they hesitate to follow the requirements for the outside.
Explaining the two doors added, Martin said they have doors for courtyards with fences. It will have a cement base.
Budd said they should not get a temporary C of O.
Krishnan said this building is for assisted living and memory care and it would be disconcerting for residents to hear construction going on. They wouldn’t want to put the residents through that, she said.
Power said there was some confusion about the pictures Martin presented of neighboring houses. Power said he told him if the amendment was based on community aesthetics, pictures would show if there was any aesthetic compability in the neighborhood. It didn’t guarantee approval, he said.
“The neighborhood is more than four houses across the street … Blue is not incompatible for a home, but on this structure, with its size and weight, it doesn’t match.” That issue was discussed and decided two years ago, he said.
He said there are housing developments on all four corners and this is a busy intersection.
Chairman Cullin said before he does anything that’s not in the plans, he should talk to the township.
“But to go and do it blatantly,” Cullin said.,“doesn’t cut it.”
Jahr made a motion to deny the application for a site plan amendment because of deviations from the site plan and other details he listed. The final site plan approved in 2021 remains in effect. The motion was seconded by Pahl and passed unanimously.
Jahr said once a site plan is approved, it is no longer conceptual and cannot be changed.
Cullin said, “In the future if you’re going to make changes, come to us.”
“We’re going to do it right next time,” Martin said.
In a Sept. 13 letter from Zohaib Syed, managing director/CEO of Hampton Manor, explaining the deviations from the site plan on the $10 million building, he said: “At this point, removing and replacing the siding would create delays and complications for at least 40 residents and their families currently residing in Van Buren Township and 72 employees that are committed to the facility and expecting occupancy by the end of October, as they have already provided notice at their current residence that they will be moving.”