Zoning Board of Appeals

STERLING HEIGHTS ZONING BOARD OF APPEALS REGULAR MEETING CITY HALL JUNE 25, 2015 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, MI SUBJECT: Minutes of the Regular Meeting of the Zoning Board of Appeals held June 25, 2015. Mr. D’Angelo called the meeting to order at 7:09 P.M. Members present at roll call: Derek D’Angelo, David Graef, Stefano Militello, Nick Najjar, Pashko Ujkic, Ray Washburn, and Aaron Wawrzyniak Members absent at roll call: None Also in attendance: Donald Mende, City Planner Don DeNault, City Attorney APPROVAL OF AGENDA Moved by Militello, supported by Graef, to approve the agenda. Ayes: Militello, Graef, Najjar, Ujkic, Washburn, Wawrzyniak, D’Angelo Nays: None Absent: None Motion carried. CORRESPONDENCE None PZBA15-0015 – CENTURY VILLAGE APARTMENTS Requesting Board approval for: 1) a 35’ 4” front yard setback variance; 2) a 12’ 5” rear yard setback variance. East side of Maple Lane Drive between 14 Mile Road and Volpe Drive in Section 35. Property Address: 33500-33800 Maple Lane Drive Mr. D’Angelo asked Mr. Mende to provide background on the case. Mr. Mende stated the variances requested are for a front yard variance from the front property line to the proposed building as well as a rear yard setback variance from the rear property line to the building as well. The property is zoned RM-3 (Multiple Family High-Rise) district. The property has approximately 1558 feet of frontage along Maple Lane and a depth of 165 feet and the proposal is for a 133 unit senior citizen apartment development and intended to be independent senior living. Mr. D’Angelo asked for discussion from the petitioner. Mr. Alan Casmere, 33400 Maple Lane Drive, Sterling Heights, MI, stated it will be a 133 senior apartment living community consisting of 101 one-bedroom and 32 two-bedroom units. He stated that approximately 32% of the facility will consist of resident amenities. Mr. Tony Ferlito, with the Ferlito Group, and partner were also in attendance, as well as Robert Dresner with Century Village Apartments. Mr. D’Angelo asked the board for any discussion. Zoning Board of Appeals Regular Meeting of June 25, 2015 Page 2 Mr. Wawrzyniak stated that looking at the site plan, the two wings, located in the back of the building could be eliminated which then would not require such a rather a large setback request. Mr. Casmere stated that the Master Land Use Plan supports design principles such as these in moving the building towards the city road and having the parking in the rear. The purpose of the two wings accommodate and help centralize the availability to the amenities they are providing along with the pedestrian traffic within the building. He also stated it’s very important to make this economically feasible for the residents. Mr. Wawrzyniak asked Mr. Mende if Maple Lane is a high traffic road if the city envisions making this road any bigger. Mr. Mende stated that Maple Lane is currently five lanes going north from 14 Mile Road then back to two lanes just after the bridge. There are no immediate plans for widening Maple Lane Drive but if it were to be widened, additional right of way would be from the west side of the road. Mr. Casmere stated that they did previously dedicate their portion of the right-of-way to the city without any cost. Mr. D’Angelo asked Mr. Mende to address the issue of moving the property forward. Mr. Mende stated that it is true, that in the Master Land Use Plan, it talks about a variety of housing types and the Plan does indicate that it “encourages high density multi-story developments, particularly for seniors, to have a residential apartment facing public streets and to reduce setbacks to encourage buildings to be built closer to the street with parking behind”. This is new to Sterling Heights and this would be the first variance of this magnitude but has been done in other communities and is supported by the Master Land Use Plan. Mr. D’Angelo asked Mr. Mende to address what other options or types of multi-story buildings would be able to be built in this location without a variance request. Mr. Mende stated that there are not many options but the permitted uses for the RM-3 (Multiple Family High-Rise) district are multiple family dwellings which include apartments and/or condominiums, independent and limited assisted housing for the elderly which this proposal is intended to be, and then as a Special Approval Land Use would be churches, synagogues, mosques, and other places of worship, and business and service uses located within a high or mid-rise apartment building for the convenience of its occupants. Mr. D’Angelo asked Mr. Casmere to address anything on the future development to the north that may impact the board’s decision. Mr. Casmere stated that they would need to comply with all ordinances and requirements that the city puts forth but there is 427 additional feet between the proposed development and the future development, which is all zoned RM-3. Mr. Casmere also stated that they would work with all city staff to develop any appropriate and complimentary use for the proposed facility. Mr. D’Angelo asked if there is any reason why that development is not being proposed with this development. Mr. Casmere stated this is the first phase. Mr. Militello stated he has visited these types of facilities and are beautiful facilities that accommodate the 55 and older citizens. Mr. Washburn asked Mr. Casmere, per the site drawing, if the dotted line shows a fence by the outdoor storage to the rear of the building. Zoning Board of Appeals Regular Meeting of June 25, 2015 Page 3 Mr. Casmere stated yes, the dotted line is where an 8 ft fence is located. The property between the fence and the back of this development is owned by Friendly Outdoor Storage. Mr. Washburn asked Mr. Casmere if they approached Friendly Outdoor Storage in selling that property to move their development back. Mr. Casmere stated that the total parcel at one time was a former landfill and they did the environmental studies and worked with the MDEQ (Michigan Department of Environmental Quality) and City Engineering to develop just why this property is configured the way it is. Mr. Washburn asked what the limits of that landfill are. He also stated he has the same concerns as Mr. Wawrzyniak on the two wings that are in the rear. Mr. Casmere stated within a couple feet and they do have an approved work plan from the Michigan Department of Environmental Quality and have little to no methane. Mr. Washburn asked if Mr. Casmere had a drawing of what the actual building is going to look like fronting Maple Lane Drive. Mr. Casmere displayed the drawing and stated the front will be the same as the rear elevation and be composed of cultured stone and stated it has a lot of curb appeal. He stated that the residents did see the past drawings and one of the major complaints by the residents was having the parking in the front. Mr. Washburn asked Mr. Casmere if they have any other developments in Michigan. Mr. Casmere stated their partner, Mr. Tony Ferlito, built the senior facility located on 16 Mile and Van Dyke called My Doctor’s Inn. Mr. Ferlito stated the facility on 16 Mile and Van Dyke is an assisted living with medical care and not independent living as the proposed item. Mr. Washburn asked Mr. Ferlito approximately how many of the residents at My Doctor’s Inn drive. Mr. Ferlito stated that he would guess less than 25%. The independent living is a healthier senior so we would expect at least 50% of the residents to be mobile. Mr. Washburn asked Mr. Ferlito what type of landscaping is projected for the front of this building. Mr. Mende stated that a landscaping plan has been submitted with the plans. Mr. Washburn stated that he still is confused with the walking comment within the building. Mr. Ferlito stated that these are healthy seniors, but at the same time, these healthy seniors do get a bit older, and there is a certain distance between their room and the amenities where it gets too far for their walking abilities. Mr. Washburn asked Mr. Ferlito that if both of the projections, the two wings in the back, were eliminated, what impact would that be on the rest of the building. Mr. Ferlito stated that 50% of the amenities would then also need to be eliminated because it takes a number of units to support the common areas. Mr. Washburn asked Mr. Ferlito if he had any figures to provide them if this was done. Zoning Board of Appeals Regular Meeting of June 25, 2015 Page 4 Mr. Ferlito stated that if you get below 120 units with this amenity package, the entire project would need to be redesigned and it would be a significant impact on the entire project. Mr. D’Angelo asked for any further questions from the commissioners. None. Mr. D’Angelo opened for public discussion. Ms. Pam Greenwald, 12150 Volpe Drive, Sterling Heights, is concerned with safety, traffic flow, and the sidewalk location. Ms. Greenwald presented a Due Care Plan from December 2010 and suggests another soil study needs to commence. She is opposed to the proposal. Mr. D’Angelo asked for any other public discussion. None. Mr. D’Angelo asked Mr. Mende to address the concerns. Mr. Mende stated the Due Care Plan was required by the MDEQ (Michigan Department of Environmental Quality) when Friendly Outdoor Storage was built. Before any construction, Mr. Casmere would have to comply with all MDEQ requirements. Mr. Mende stated that the traffic studies are conducted by the Road Commission of Macomb County. Mr. D’Angelo asked Mr. Casmere if the patio near the sidewalk is a common area and if there were any patios on the Maple Lane side of the development. Mr. Casmere stated the area is an outdoor viewing area overlooking the golf course with a couple park benches and there is a gazebo on the north end. There are no individual patios. Mr. Washburn stated that the engineering department has indicated that Maple Lane is three lanes at that location. Mr. Mende stated that is correct and any additional right of way would be from the golf course. Mr. Casmere stated that there is a 14’ difference in grade elevation between the apartments and RV storage lot. Mr. Washburn asked if the apartment property was 14’ lower than the RV. Mr. Casmere replied yes. Mr. Washburn asked Mr. Mende that visually, the front yard setback is what dimension from the edge of the pavement to the face of the building. Mr. Mende stated that he thinks it’s approximately 50 feet from the actual curb to the sidewalk, a 15 foot setback, totaling 65 – 70 feet from the building to the road. Mr. D’Angelo asked Mr. Casmere if the individual apartments on the main floor have their own entrances. Mr. Casmere stated there are main entrances to the building and the individual apartments do not have their own entry doors to the outside. Mr. D’Angelo asked for any further questions from the board or a call for motion. Mr. Militello asked Mr. DeNault if he would need to make two separate motions or would one cover both. Mr. DeNault stated one motion covers both unless a member asks to divide the question. Motion by Militello, supported by Najjar, in the case PZBA15-0015, Century Village Apartments, 33500-33800 Maple Lane Drive, to approve the requested variances subject to the following conditions: Zoning Board of Appeals Regular Meeting of June 25, 2015 Page 5 1. That the decision of the Board will remain valid and in force as long as the facts and information presented to the Board in Public Hearing are found to be correct, and that the conditions upon which the motion is based are forever maintained as presented to the Board. The petitioner agrees to abide by and comply with all ordinances of the City of Sterling Heights and the regulations of every lawful agency or governing authority now or hereafter in force; 2. Notice of the approval of the variance shall be delivered to the City Clerk’s office within 60 days after the approval date of the applicable meeting minutes for recording with the Macomb County Register of Deeds. Failure to file this notice shall serve grounds to revoke the variance; 3. A Hold Harmless Agreement, in favor of the City of Sterling Heights, shall be delivered to the City Clerk’s office within 60 days after the approval date of the applicable meeting minutes for recording with the Macomb County Register of Deeds. Failure to file this agreement shall serve as grounds to revoke the variance. The following Findings of Fact are noted: 1. The parcel is unusually shaped with over a quarter mile of road frontage and depth of only 165 feet. 2. Surrounding properties are developed with non-residential uses including a former landfill to the east. 3. The granting the variance will permit the building to meet all other minimum ordinance standards and increases long term viability and functionality. 4. The granting the variance will permit the placement of parking refuse and service areas the rear of the building increasing the street appearance of the development. Mr. Washburn asked maker of the motion, Mr. Militello, if he would include the 14 foot elevation difference between the two sites. Mr. Militello stated yes he would, and Mr. Najjar supported. Mr. D’Angelo asked for any discussion on the motion. None Ayes: Militello, Najjar, Ujkic, Washburn, Wawrzyniak, D’Angelo, Graef Nays: None Absent: None Motion Carried. Mr. Washburn asked Mr. Casmere if the state has to do one more review of that site and also suggested if Mr. Casmere could possibly speak with resident, Pam Greenwald from the public hearing about her concerns. Mr. Casmere stated that yes it will all be gone over one more time and yes, he welcomes talking with the resident(s). PZBA15-0016 – LENA SINISHTAJ Requesting a 17’ front yard setback variance. Southwest corner of Four Lakes Drive and Cove Court in Section 1. Property Address: 43355 Cove Court. Mr. D’Angelo asked Mr. Mende to provide background on the case. Zoning Board of Appeals Regular Meeting of June 25, 2015 Page 6 Mr. Jon Sinishtaj, brother and representing Lena Sinishtaj, stated that Lena had an unexpected health issue and he has been helping with the design planning. Mr. D’Angelo asked Mr. Mende how he would like to proceed on this case. Mr. Mende stated that he has not received any notification from the petitioner, and Jon Sinishtaj’s name is not on the petition. Mr. DeNault stated he is hesitant to allow to move forward without knowing Ms. Sinishtaj’s intentions. Mr. Washburn stated to Mr. Sinishtaj that the reason for the hesitation to move forward is because, if for any reason the proposal is denied, the possibility of Ms. Sinishtaj coming back stating that she never authorized anyone else to speak on her behalf. The name has to be on the petition or the petitioner has to let the city know in advance that they will not be present at the hearing, and they authorize someone else to speak on their behalf. Mr. Jon Sinishtaj stated that he does understand. Mr. Militello suggested a motion to postpone the case until the next meeting of July 16th. Mr. D’Angelo asked Mr. DeNault if he is comfortable with a postponement. Mr. DeNault stated he feels it is the right approach. Motion by Militello, supported by Washburn, to postpone Case PZBA15-0016, Lena Sinishtaj, until the July 16, 2015 meeting. Mr. D’Angelo asked for any discussion on the motion. None Ayes: Militello, Washburn, Wawrzyniak, D’Angelo, Graef, Najjar, Ujkic Nays: None Absent: None Motion Carried. APPROVAL OF MINUTES: Motion by Militello, supported by Najjar, to approve the minutes of the May 28, 2015. Ayes: Militello, Najjar, Wawrzyniak, D’Angelo, Graef Nays: None Absent: None Abstain: Ujkic, Washburn, Motion Carried. NEW BUSINESS Mr. Mende stated that, upon the resignation of Mr. Kremhelmer, the City Council appointed a new Board member, Mr. Pashko Ujkic. Mr. Mende stated that Mr. Ujkic is a longtime resident and a business owner of the city and welcomes him on board. Mr. Ujkic stated he is looking forward to working with everyone and gives his thanks. OLD BUSINESS None PUBLIC PARTICIPATION Zoning Board of Appeals Regular Meeting of June 25, 2015 Page 7 None MOTION TO ADJOURN Motion by Militello, supported by Washburn, to adjourn. Ayes: Militello, Washburn, Wawrzyniak, D’Angelo, Graef, Najjar, Ujkic Nays: None Absent: None Motion carried. The meeting adjourned at 8:03 P.M. Respectfully submitted, Derek B. D’Angelo, Vice Chairman Zoning Board of Appeals