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HomeMy WebLinkAboutPLANNING MINUTES 2009-12-15MINUTES OF THE 989m PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, December 15, 2009, the City Planning Commission of the City of Livonia held its 9891 Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Lee Morrow, Chairman, called the meeting to order at 7:00 p.m. Members present: Deborah McDermott R. Lee Morrow Lynda Scheel Ashley Vartoogian Carol A. Smiley Joe Taylor Ian Wilshaw Members absent: None Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, Program Supervisor; were also present. Chairman Morrow informed the audience that if a petition on lonighfs agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in tum, will hold its own public hearing and make the final determination as to whether a pefifion is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has len days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these pefifions upon their fling. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. ITEM #1 PETITION 2009-11-01-02 McLAREN PERFORMANCE Ms. Smiley, Secretary, announced the first item on the agenda, Pefition 2009-11- 01-02 submitted by McLaren Performance Technologies requesting to rezone a porton of the property at 32233 Eight Mile Road, located on the south side of Eight Mile Road between Parker Avenue and Hubbard Road in the Northeast % of Section 3, from R-3 to P. NOTE: Item #1 has been removed from the agenda at the request of the petitioner. December 15, 2009 25148 ITEM #2 PETITION 2009-11-02-16 TOMII ACCUPRESSURE Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2009- 11-02-16 submitted by Tomii Chinese Accupressure requesting waiver use approval to operate a massage establishment at 33600 Seven Mile Road, located on the north side of Seven Mile Road between Farmington Road and Norwich Road in the Southeast 1/4 of Section 4. Mr. Taormina provided background on the item and presented a map showing the properly under petition plus the existing zoning of the surrounding area. Mr. Morrow: Is there any correspondence? Mr. Taormina: There are four items of corespondence. The first item is from the Engineering Division, dated December 11, 2009, which reads as follows: "The Engineering Division has completed its review of the information submitted regarding the above referenced waiver use request. The legal description shown on the drawing is comect. The originally assigned range of addresses for this parcel is 33600 through 33612 Seven Mile Road." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated December 1, 2009, which reads as follows: 'This office has reviewed the site plan submitted in connection with a request to operate a massage establishment on property located at the above-referenced address. We have no objections to this proposal." The letter is signed by Donald F. Donnelley, Fire Marshal. The third letter is from the Division of Police, dated February 4, 2010, which reads as follows: "We have reviewed the plans in connection with Tomii Chinese Accupressure, located at 33600 block of 7 Mile. We have no objections or recommendations to the plans as submitted." The Ie6er is signed by David W. Sludl, Sergeant, Traffic Bureau. The fourth Ie6er is from the Inspection Department, dated December 2, 2009, which reads as follows: "Pursuant to your request of November 18, 2009, the above-referenced pefifion has been reviewed. The following is noted. (1) The exisfing parking lot shall be repaired, sealed and restriped as necessary. (2) Restripe parking spaces to code. All parking spaces are required to be 10 feet by 20 feet and double striped. (3) Provide barrier free parking to code. A minimum of one van accessible space required, property size, sign and stripe space. (4) All new work will be required to meet all current barrier free codes. This will be addressed further at time of ourp/an review if this project moves forward. This Department has no further objections to December 15, 2009 25149 this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Morrow: Are there any questions for the staff? Ms. Vartoogian: I do have a question for Mark. In what zoning dislncts or district would this type of use be permitted without the need for a waiver? Mr. Taormina: In all cases, massage establishments are required to go through a waiver use approval. I would have to check to see if that includes the C-3 Districts, but we have a very limited number of parcels that are zoned for that purpose. The majonty of our commercial zoned dislncts fall in the category of G7 and C-2, and in both instances, this is required to go through waiver use approval. Ms. Vartoogian: Okay. And then one other question. Typically, in the City, where do we see these types of uses? Mr. Taormina: This is the first request we've seen since the adoption of the ordinance dealing with these. We have a number of massage therapists that operate as accessory uses in various locations throughout the community. In fact, its not uncommon to see one or two of those requests per Council meeting. Several individual applications have been approved throughout the community in various locations. Some of them are in beauty salons; some of those are in medical clinics; some of those are associated with other recreational facilities. So it's quite common to see those. This is the first request that falls under the definition of massage establishment where the principal use of the operation is for massage therapy. Ms. Vartoogian: Okay. Thank you. Mr. Morrow: Does anyone else have a question for Mr. Taormina? Seeing none, I'm going to ask the petitioner to come forward to the podium and share their thoughts with the Commission. We will need your name and address for the record. Liping Meldrum, Tomii Chinese Accupressure, 23291 Crystal, Clinton Township, Michigan 48036. Mr. Morrow: Clinton Township? Ms. Meldrum: Yes. December 15, 2009 25150 Mr. Morrow: Okay. Would you like to add anything to what you just heard from our Planning Director? Ms. Meldrum: I don't know. Mr. Morrow: You don't know. You may be subject to a number of questons by the Commission. It might become a Iitfie awkward, but I'm going to start anyways. Does any member of the Commission have a question of this lady? Ms. Smiley: Could you tell me a little bit about what kind of procedures you do at your massage parlor? I'm not familiar with acupressure. That's not with the needles or acupuncture? Ms. Meldrum: No. It's not needles. On people's body, have many points, pushes it with a finger, make people relax. Yes. Ms. Smiley: Okay. And is it like a half hour session or hour? Ms. Meldrum: Yes. Half hour or hour. Ms. Smiley: What would something like that cost? Ms. Meldrum: Cost? Ms. Smiley: Yes, how much would that cost? Ms. Meldrum: How much? Ms. Smiley: Yes. Ms. Meldrum: Half hour, maybe $30.00. An hour, maybe $60.00. Ms. Smiley: Okay. Have you done this someplace else like in Clinton Township? Ms. Meldrum: I work at the Macomb Mall. Ms. Smiley: Thankyou. Ms. McDermott: I'd like a little more information on the location at Macomb Mall. Is it your own establishment? Is it your own business? Ms. Meldrum: No. I work there, yes. Ms. McDermott: So you work in another massage business at Macomb Mall? Ms. Meldrum: No. In Macomb Mall, I work there, not my own. December 15, 2009 25151 Ms. McDermott: Do you do the acupressure at Macomb Mall? Ms. Meldrum: Yes. Ms. McDermott: Okay. And how many people work? Ms. Meldrum: How many? Ms. McDermott: Yes. Ms. Meldrum: Three. Ms. McDermott: Three. Okay. So you have all of your experience there at that business? Have you worked anywhere else? Ms. Meldrum: Yes. Before I work al the Great Lakes Crossing Mall. Ms. McDermott: Okay. So always in a mall? Ms. Meldrum: Yes. Ms. McDermott: Okay. In the business in the mall, are there private rooms or is it massage, say, in a chair? Ms. Meldrum: Yes, at Great Lakes Crossing, it was a room. Al the Macomb Mall, it's chair. Yes. Ms. McDermott: Okay. Thank you, Chair. Ms. Scheel: Good evening. A couple of things that Mark had read, I just want to follow up on. Are you a certified therapist? Ms. Meldrum: Therapist? Ms. Scheel: Like are you licensed? Ms. Meldrum: Yes. Ms. Scheel: You are a licensed therapist? Ms. Meldrum: Yes. Ms. Scheel: Okay. And how long have you been a licensed therapist? Ms. Meldrum: I just got the license August. Ms. Scheel: August of this year? December 15, 2009 25152 Ms. Meldrum: Yes. Ms. Scheel: August of 2009? Ms. Meldrum: Yes. Ms. Scheel: Thankyou very much. Thankyou, Mr. Chair. Mr. Taylor: Where do you gel your clients from or your customers? Where do they come from? Just off the street or do doctors recommend patients come to see you? Ms. Meldrum: In the mall, the customer go mall shopping, so here is a massage. People wantto relax. Mr. Taylor: So its people walking in the mall? Ms. Meldrum: Yes. Walking in the mall. Yes. Mr. Taylor: Why do you suspect that you can pick up customers in a place where there's not that much traffic? Are there customers that you have all the time that you're going to bring over? Ms. Meldrum: Um, l dont know what... Mr. Taylor: Do you have a clientele? Do you have people that come to you all the time? Ms. Meldrum: Yes. Yes. Mr. Taylor: So you're going to tell them you're going to move into your own establishment and ask them to come where you're at? Ms. Meldrum: Yes, people maybe the one time do. Feels good. So keep going. Yes. Mr. Taylor: So you are a myomassologisl? Whatever. You've got your license though. I just heard that, nghl? Ms. Meldrum: Yes. Mr. Taylor: Where did you gelyour license? Ms. Meldrum: At the (inaudible) ... Mr. Taylor: Where? In what county or what city did you gel your license? Ms. Meldrum: I go to California, go to the school, there I got the license. December 15, 2009 25153 Ms. Smiley: You wenttoschool in California? Ms. Meldrum: School, the school name, I could not speak, I always say the Chinese is quon cha, yes. In Montreal. Ms. Smiley: Montreal? Ms. Meldrum: Montrey. I could not speak so clear. Monlrey. Monlrey Park. Yes. Monlrey Park. Ms. Smiley: I apologize. I'm not getting it. I think what Mr. Taylor was trying to tell you is that there are five little stores where you're thinking of opening your business, and there wont be any traffic like you would gel in a shopping mall. There's a lot of people walking through a shopping mall. At this place, somebody might come into Quizno's for a sandwich, but there's really not many people walking by there. Ms. Meldrum: Yes. Yes. I know. Ms. Smiley: You know that? Ms. Meldrum: Yes. Ms. Smiley: So there wont be people going by or knowing that you're there. Ms. Meldrum: Yeah. Mr. Taylor: Through the Chair to Mark Taormina. Mark, will she have to get her license here then in Livonia? Mr. Taormina: Yes. She will have to show evidence of a license. As long as it meets all the requirements, and I can't say exactly what those are, but that will be reviewed by the Council and approved. So that's another step in this process. Mr. Taylor: Does she understand that? Mr. Taormina: Any therapist that she employs will also have to show evidence of a license. Mr. Taylor: I wonder if she understands that though. Before she gets an approval for where she's going in, and if she's not approved for a license, what happens? Mr. Taormina: Then she won't be able to operate. That will be a requirement. December 15, 2009 25154 Ms. Vartoogian: Just to piggy back off of what Mr. Taylor was saying, if we grant the waiver use and she can't operate there, will the waiver use remain with that parcel or will itjust go away? Mr. Taormina: The waiver use would run with the land as long as the Council approves that waiver use. What the Council could do is make sure that she is properly licensed before approving the waiver use. That would be a logical way to move forward with this. Ms. Vartoogian: Thank you. Mr. Taylor: If I may, Mark, it's not unusual for the Council to ask for a letter for the waiver use to be only for that business. Is that correct? Mr. Taormina: That's possible, yes. They could restrict the waiver use. Mr. Taylor: If she went out of business, as normally happens, the waiver use runs with the land. Mr. Taormina: Normally, that's how it would operate, but there are special circumstances where they can ask the petitioner . . . understanding that it would only be with this petitioner. Mr. Taylor: Thankyou. Mr. Morrow: Ma'am, would you be the owner/operator of the business? Would this be your business? What you've ask for tonight is a waiver of use to operate an acupressure business. If you were granted the waiver of use by the City Council after going through this body, are you familiar with all the rules and regulations that our Ordinance provides as far as background checks and police invesfigation? You have to be sure that your employees are free of any type of communicable diseases and they're all properly certified. Are you familiar with all these rules and regulations? Ms. Meldrum: Yeah. Mr. Morrow: I'm not loo confident. As I said, this has become a little awkward. Have you consulted with any attorney or anybody before gelling to this point, or have you just pretty much done it on your own? Ms. Meldrum: I'm not sure what you mean. Ms. Smiley: She doesn't know what you're saying, Mr. Chair. December 15, 2009 25155 Ms. McDermott: I just wanted to add, have you considered possibly having an interpreter help you with answering these questions if we waited to discuss this further and you brought an interpreter with you to help with the English translation, maybe, because the questions are very important and we want to make sure you understand them, and we understand we don't speak Chinese. Likewise, we understand the language barrier; it's difficult. Ms. Meldrum: Yeah. Mr. Morrow: Do you have an interpreter? Ms. Meldrum: Interpreter? Ms. McDermott: Translator. Ms. Meldrum: Translator. No. Ms. Scheel: Mark, is she the owner of the business? Mr. Taormina: Yes, that is my understanding. She is the petitioner. My staff has been working with her the entire time. Ms. Scheel: Okay. So she is the owner of the business. Mr. Taormina: That is my understanding. Ms. Scheel: Is there a way we can find out for sure? Mr. Taormina: Your name again is ... Ms. Meldrum: Liping Meldrum. Mr. Taormina: Yes. She is the applicant. Ms. Scheel: Thank you. I'm all set, Mr. Chair. Mr. Wilshaw: At your new store, how many people are going to work there? Ms. Meldrum: Me and my partner. Mr. Wilshaw: Okay. So just the two of you? Ms. Meldrum: Yes. Mr. Wilshaw: And this property, are you renting it? Is it a lease? Ms. Meldrum: Lease? December 15, 2009 25156 Mr. W lshaw: Yes, are you renting this store? Ms. Meldrum: Lease? Mr. Wlshaw: Are you leasing? Ms. Meldrum: Yeah, yeah. Mr. W lshaw: And how long is that for? Ms. Meldrum: Three years. Mr. W lshaw: A three year lease. Okay. Thank you very much. Mr. Morrow: Along that same line, have you signed the lease yet or is it contingent upon approval of the waiver? I think I've lost you on that one. In other words, have you signed the lease? Ms. Meldrum: Signed the lease. Yes. Mr. Morrow: Is it signed with a contingency that you gel approval to operate the business there? In other words, the lease is not in effect unless you gel the waiver of use? Are there any other questions of the Commission? I'm going to go to the audience and see if there's anyone here that would like to speak for or against the granting of this petition. If you'll just step aside for a moment. Mr. Wilshaw: We're done with the questions for now. Ms. Smiley: Other people are going to talk now. Ms. Meldrum: Okay. Ms. Smiley: Is he going to speak now? Ms. Meldrum: He not speak English. Ms. Smiley: You don't have to speak now. There's a gentlemen in the audience that wants to talk about R. You can sit down. John Garback, 33919 Gable, Livonia. I live directly behind the establishment. I got here Tale. I'm sorry. I didn't hear all the conversation, but I think you'll need an interpreter. I don't know. I mean we just found out she is the owner. I see massage. What? Is this a spa or not? Is this a massage pador? My personal feeling is, I don't think Livonia wants something like this. Now, I'm an December 15, 2009 25157 individual, but the location, its a hidden location, sort of off the beaten path. That's got me worried. Living behind it, I'm not comfortable with it. That's about all I have. I think we need more than just this meeting because I don't think the lady there knows where we're going and rules and regulations, and I hope you do have some. Mr. Morrow: We do have a myriad of regulations on this particular business. Mr. Gable: Good. Mr. Morrow: We have not been able to determine if they are familiar across the board with all the rules and regulations they must meet in order to operate. As far as what it is, it is acupressure as opposed to acupuncture. They use massage and pressure, I assume, for pain relief and things of that nature. Mr. Gable: I don't know. Mr. Morrow: Well, anyways, you asked. You weren't sure what it was. That's all we know. Its acupressure. Thank you. Mr. Gable: Thankyou. Mr. Morrow: Is there anyone else in the audience wishing to speak for or against the granting of this petition? Unidentified audience member: As soon as the translator is here, I will speak. Mr. Morrow: If you want to speak, you have to come up and give your name and address. Sir, if you want to address the Commission, you will have to do it up here. Mr. Wlshaw: I just want to make a comment for the gentleman in the audience. This is a public hearing. This is your opportunity to speak to this item. If this item happens to go to another meeting where perhaps a translator is present, audience communication may be limited because this is your chance to talk if you'd like to speak to this item. Thank you, Mr. Chair. Mr. Morrow: That's fine. I assume he understands that. Is there anyone else in the audience wishing to speak? On that notice, I'm going to close the public hearing, and I'm going to ask for a motion from the Planning Commission. On a motion by Scheel, seconded by Taylor, and unanimously adopted, it was December 15, 2009 25158 #12-69-2009 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on December 15, 2009, on Petition 2009-11-02-16 submitted by Tomii Chinese Accupressure requesting waiver use approval to operate a massage establishment at 33600 Seven Mile Road, located on the north side of Seven Mile Road between Farmington Road and Norwich Road in the Southeast 1/4 of Section 4, which property is zoned C-1, the Planning Commission does hereby recommend to the City Council that Petition 2009-11-02-16 be denied for the following reasons: 1. That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 of the Zoning Ordinance #543; 2. That the petitioner has not adequately established that there is a need for the proposed use in this area of the City; 3. That the petitioner has not sufficiently demonstrated that the proposed use would be compatible to and in harmony with the surrounding uses in the area; 4. That the petitioner has failed to adequately demonstrate that the facility has the capacity to accommodate the proposed use; and 5. That the proposed use is contrary to the goals and objectives of the Zoning Ordinance which, among other things, are intended to insure suitability and appropriateness of uses. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. Ma'am, this petition has been denied by the City Planning Commission, which means we will not be forwarding a recommendation of approval to the City Council. Now, you have len days to appeal our decision in writing to the City Council. I would advise that if you decide to appeal it, particularly if you have signed a lease, that you retain someone who can communicate with the Council and with you so that everybody knows exactly what our ordinances are, what the business is. That's your only chance to gel this approved. So December 15, 2009 25159 I'm going to ask the Staff to work with you in the event that you've got any subsequent questions. But for all intents and purposes, the ball is back in your court where now you have to appeal our decision which denied a waiver of use here tonight. Now, if you don't understand that, be in contact with our Staff. They will be happy to work with you. We just want to make sure that you're aware of everything required because tonight we were a little handicapped on being able to gel enough information to send it through as an approval. Now, do you have a relative idea of what I said? Ms. Meldrum: No. Mr. Morrow: Okay, so Mark, do you have any objections that you would try to work with them? Mr. Taormina: No, not at all. Mr. Morrow: So based on that, thank you very much for coming out tonight and with that, we will go on to Item #3 on the agenda. ITEM #3 PETITION 2009-11-02-17 KROGER COMPANY Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2009- 11-02-17 submitted by The Kroger Company of Michigan requesting waiver use approval to utilize an SDD license (sale of packaged spirts over 21% alcohol) in connection with a retail facility at 30935 Five Mile Road, located on the south side of Five Mile Road between Merriman Road and Henry Ruff Road in the Northwest 114 of Section 23. Mr. Taormina provided background on the item and presented a map showing the properly under petition plus the existing zoning of the surrounding area. Mr. Morrow: Is there any correspondence? Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated December 11, 2009, which reads as follows: 'The Engineering Division has completed its review of the information associated with the above -referenced waiver use request. The written legal description for Parcel 1 is correct. It is noted that the far west bearing for Parcel 1 shown on the drawing is incorrect. The drawing shows it as a northwest bearing. It should be shown as a southeast bearing to be in agreement with the written description, and to be December 15, 2009 25160 correct While the legal descriptions for parcels 2 and 3 appear correct, they cannot be verified from our records. This is due to the fact that the descriptions art; based on older subdivision boundaries, which are not contained in our files. The address for the Kroger Store is 30935 Five Mile Road." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated December 1, 2009, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to utilize an SDD license in connection with the existing supermarket located at the above referenced address. We have no objections to this proposal." The letter is signed by Donald F. Donnelley, Fire Marshal. The third letter is from the Division of Police, dated November 24, 2009, which reads as follows: We have reviewed the plans in connection with Kroger — SDD License, located at 30935 Five Mile (southwest comer of Five Mile and Spanich Court). After reviewing the plans with the Chief of Police, we have no objection to the waiver being granted as long as they stay with the plans as submitted. The liquor must be kept in a locked cabinet behind the service desk counter and an employee must man the counter." The letter is signed by Donald E. Borieo, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated November 25, 2009, which reads as follows: "Pursuant to your request of November 18, 2009, the above -referenced petition has been reviewed. This Department has no objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Morrow: Are there any questions for the staff? Seeing none, is the petitioner here tonight or his representative? If you would give us your name and address for the record and then add anything you would like as it relates to the petition, and then we'll probably have some questions for you. Tom Frank, 39810 Grand River Avenue, Novi, Michigan. I am the Real Estate Manager for the Kroger Company in Michigan. I have been the party that's been in contact with the Rile Aid Company for the transfer of the liquor license. May I just say that staff did an outstanding job presenting the facts related to this case, and I have nothing much to add, but I'm happy to answer any questions that you may have. Mr. Morrow: Thankyou. Commission, anyquestions? Ms. McDermott: Good evening. I understand where the location of the liquor is proposed. I actually shop at the store very week so I'm familiar with the store. But can you describe, will the customers come to December 15, 2009 25161 the counter and will they be carded there, or how is the process going to go? Will it be actually sold at the counter or will they take it to the checkout line? Could you describe that for us? Mr. Frank: The liquor will be behind the counter. They will have to approach a customer service employee to do the transaction. Al this time, the plan is that all transactions for this will be handled at the customer service counter at that cash register. The packaged liquor will be put in a paper bag at that location and then the customer will proceed out of the store. There will be signs posted at the pharmacy that says there is no liquor transactions being taken place at that location. Additionally, there will be a posting at the Starbuck's coffee shop saying that no liquor can be consumed at that location because we do have a sit down area there. These are requirements of the State and we will comply with those requirements. Ms. McDermott: Okay. Thank you, Mr. Chair. Mr. Morrow: Are there any other questions? I'm assuming that however they package it, there is some sort of a receipt connected with the package so if they proceed through the checkout lane with their groceries ... Mr. Frank: In fact, they have to first be degauzed. There is a theft strip on the packaging to make sure that someone doesn't leap over the counter when no one is in that area and take it and try to get out of the building. There is also a cap protector on top that, unless the cap is removed, makes it impossible to open the bottle. Mr. Morrow: But if they buy it and then proceed through the grocery checkout lane, that package will pass through. Mr. Frank: Yes, it will be degauzed and they will have a separate receipt for R. Mr. Morrow: Thank you. Are there any other questions? Ms. Smiley: Will the liquor counter be open all the time or do you have certain hours for that? Mr. Frank: No. We will comply with State law on the hours of operation, such as Sunday morning it will not be open before noon. Ms. Smiley: Okay. And there will be somebody there at all times? Mr. Frank: Yes. December 15, 2009 25162 Mr. Wilshaw: Okay. Based on the size of this counter, is this going to be limited liquor sales as far as the brands and types? Mr. Frank : It is definitely a limited selection. It is not like a freestanding liquor store. It is really just the top 20. The top 20 percent accounts for 80 percent of the volume. That is what we will be focused on at this location. Ms. Smiley: Thank you, Mr. Chair. Mr. Wilshaw: Do you know what percentage of your total sales at this store would represent liquor transactions based on your estimates of other stores? Mr. Frank : It does range. Kroger is the second largest retailer of liquor in the State of Michigan. Only Meijer sells more than we do. It ranges quite widely. Generally our business model says we will do about $17,000.00 a week in liquor sales. Mr. Wilshaw: I see. When I went over to that location and looked at the particular area of the store next to customer service where this counter is going to be located, right now you have a couple racks of merchandise there that are for sale. One thing I noticed was that the bakery area, the frozen bakery, the donut and the other items that are in the cases just near that area, are fairly close. I was wondering if there is adequate space when this counter is put in for traffic, for people with carts to get back and forth. Mr. Frank : The space between the bakery cases and the customer service counter is 8 foot 3 inches. That is generally our standard rule is that an aisle should be 6 to 7 feet, and this is much wider than that. Mr. Wilshaw: Now if the bakery doors are open, someone is getting some donuts out of it, that's going to take another foot and a half or so out of that space leaving you with about the six feet you were referring to, right? Mr. Frank: Fortunately, donuts are primarily sold in the first two or three hours that the store is open in the morning and the liquor is not. So the conflict is minimal. Mr. Wilshaw: Okay. Very good. Thank you. Ms. Vartocgian: I guess I'm a little confused about the process you described because at one point you said they would go to the service customer counter and then exit the store, but then you also December 15, 2009 25163 mentioned that they would take the liquor through the checkout lane and get degauzed at that point. Mr. Frank: No, when the transaction is completed at the customer service register, there will be a register there at that point, and the purchase of the liquor will take place at that location. It will be similar to the way we handle our tobacco. The sale of the tobacco is mostly done through the one register that has the tobacco key corral around it. Ms. Vartoogian: Okay. So all the secunty mechanisms on the bottles and the packaging will be handled there? Mr. Frank: It will all be handled at that customer service counter. Ms. Vartoogian: Okay. Thank you. Mr. Morrow: Are there any other questions? Sir, if you will step aside I will find out if there is anybody in the audience that wishes to speak for or against the granting of this petition. If you come forward, we will need your name and address for the record. Dan Reeves, 1020 North York, Dearborn, Michigan. I want to thank you Chairman Morrow and members of the Planning Commission for allowing me to speak to you this evening. I am providing some testimony in support of our longtime member. I'm the Executive Vice President ofthe Associated Food and Petroleum Dealers, a 3,900 member trade association for food, beverage and petroleum. I am here to speak on behalf of our longtime member, Sam Shoukri in respect to the above application for a transfer of a SDD license for Kroger Supermarket, located at 30935 Five Mile Road. Investigation of this matter has revealed a number of critical facts, which support Mr. Shoukri's, owner of Showerman's Fine Wine and Liquor, opposition of the pending SDD application for Kroger. First, there are already four other liquor licenses within 1.1 mile of Mr.Shoukn's business. These other businesses are Bai-Lynn Markel, Livonia Liquor Shop, Mid Five Party Store and Nickolas Party Store, and all possess SDD licenses. If this pending application of Kroger were to be approved, this would constitute six licenses within this mile. Mr. Morrow: Mark, could we get set up on the easel here. Mr. Taormina: Oh, yes. Mr. Morrow: Just so our vast audience will be able to follow along with us. If you will step over here, you'll be able to point out the point you're trying to make. December 15, 2009 25164 Mr. Reeves: Here is the Kroger location and this is Mr. Shoukrfs Showerman's location and the other stores. This is the location of the 31 SDD licenses here in Livonia. This doesn't have anything to do with the SDM licenses. Kroger regularly advertises some of the same items carded at Mr. Shoukrfs business, and this advertising would further hurl the Showerman's business. Kroger is only three -tenths of a mile, actually a little less, and additionally the Kroger store is open 19 hours a day, further competing with Mr. Shoukrfs family business, which cannot maintain such hours. This is the only business that Mr. Shoukri owns and he is worried and concerned about the profitability with all of the liquor licenses opening in the area. Approval of the Kroger SDD license application will not benefit the City of Livonia financially. Livonia will not obtain any new revenue from this transfer. It wont bring any new business in to Livonia. It simply takes from one business and gives to another. Al lead Showerman's revenue slays in the community and Michigan, whereas Kroger's profls go back to its headquarters in Cincinnati, Ohio. Granting Kroger a liquor license will only bring Mr. Shoukri's sales down and possibly force his family out of business. Mr. Shoukri has spent $600,000.00 in inventory and building improvements in order to make his store an inviting destination for customers. In fact, this has helped the other businesses in the shopping strip by bringing in additional traffic. If Mr. Shoukri is forced to leave, the rest of the center may be greatly affected because of the traffic brought in by his business. The City of Livonia and State are likely to lose out on more taxes because more businesses in this strip may close. Livonia is already well served by 31 other packaged liquor licenses. It isn't like Livonia citizens lack for places to purchase liquor. Adding another liquor license is not going to bring additional customers to Livonia but will further dilute the sales and stores like Showerman's. Mr. Shoukri carries a variety of liquors with easy access off Five Mile and Merriman. Mr. Shoukrfs business has a great reputation with the City and has employed over 50 Livonia residents over the years. They are very community service oriented and have made numerous donations to support the local schools and the local kids' teams. He has been in business at this location for over 15 years, and Showerman's has been here for over 40 years. He should not be placed in a situation which would jeopardize his investment and hard work. We urge the City Planning Commission to deny the pending SDD liquor license. Mr. Morrow: Thank you, sir. Any questions of Mr. Reeves or comments by the Commission? Seeing none, is there anyone else in the December 15, 2009 25165 audience caring to speak for or against the granting of this petition? Are you Mr. Shoukri? Sam Shoukri: I am. Mr. Morrow: You don't have any charts, do you? Mr. Shoukri: No. Mr. Morrow: We'll need your name and address for the record. Mr. Shoukri, 5415 Mavis Drive, West Bloomfield. I own Showerman's Fine Wine, which is located on Five Mile and Merriman. The reason I am here is to express my opposition to the granting of the SDD license to Kroger. To be honest with you, I am really concerned for many reasons. First of all, the area is oversaturated, especially within the one mile radius. There are six licenses already available. To add another license, it not going to really help the community. In our opinion, it will have an adverse effect and will have some negative perception about the City of Livonia and the community because how many licenses can you have within one square mile? We strongly believe that the area is well served by the establishments that already exist in the area; there are already six licenses. An additional license would not serve and is not healthy to the current establishments. It is not healthy to the City and we feel strongly that this additional license is not to the advantage or benefit either to the City or the community. Therefore, we ask you really to consider this thoroughly and think about this rationally. From my standpoint, I dont see the rationale behind it. What is the advantage of adding another license except to harm the existing establishments, because if Kroger get's a license, they are going to draw business from my location and from the other locations in the area. Where else would that business come from? It's really going to hurl our business, and with this day of economy, do we really need more competition of the same? I don't think so. The competition is going to do nothing but to drive other businesses out of the area. We strongly seriously think this is not going to be to the benefit of the City or the Stale or the community, and we urge you to really deny this petition. Thank you very much. Mr. Morrow: Thank you. Are there any questions or comments? Mr. Taylor: Through the Chair to Mark Taormina. Mark, this establishment meets all requirements of our ordinance, corect, as far as being not too close to other liquor stores and that type of thing? December 15, 2009 25166 Mr. Taormina: Well, it does meet the special requirements that pertain to SDD licensed establishments in Section 11.03 of the ordinance. It's a question now to this Commission, and ultimately to the Council, as to whether or not it meets all the general standards of Section 19.06 ofthe Ordinance. Mr. Taylor: When you say that, I don't quite follow you. It meets all of our criteria for our Ordinance, right? Mr. Taormina: Well, again, Section 19.06 deals with the more subjective or discretionary standards that this Commission has to determine whether or not it meets those criteria. For example, whether or not there is an adequate concentration of licenses currently in the area; whether or not there will be any negative impacts on the neighborhood if you grant this waiver use request and those types of criteria that you have under that section of the Ordinance. That really was the issue before the Court back in 1989. While Kroger did meet all of the special use requirements of Section 11.03, the City's determination that it did not meet the provisions of Section 19.06 was upheld by the Circuit Court. Mr. Taylor: Well, I guess in this day and age, and I understand Showerman's has been there for a long, long time. We knew Mr. Showerman well, but I think in this day and age, what we're talking about is convenience for customers. The Council in the past did not want to give large grocery stores liquor on the shelves because it wasn't maintained in the correct order. Now we've got a Kroger store who is saying we will put it behind the counter and we will sell it that way, the way that you've asked us to do. The other large stores that asked to do that, wanted to put it on the shelf, not behind the counter, and not have somebody behind the counter actually passing it out and paying for it. I'm hard pressed not to allow this to happen at this time. I'm only one vote, of course, but I see that they are meeting what we call the requirements of our ordinance. Now, are there too many in the area? I guess that could be a question for the Council. Thank you. Ms. Vartoogian: I just want to make a point of clarification that we're not in a position to grant or deny an SDD license to Kroger. Krogers is requesting a waiver use approval to utilize an SDD license, and that's what we're voting on today, not whether they can have one or not. Mr. Shoukri: Yes, I understand that. I mean you could do the same thing with the petitioner that was before you, before this item on the agenda, is to recommend denial of this petition. That's what we're really asking you to do is to deny the waiver use. December 15, 2009 25167 Ms. Vartoogian: Okay. Thank you. Ms. Scheel: I just wanted to piggyback. I'm not sure who this would go to, Mark, maybe to you. What Mr. Taylor had just said about Kroger's being willing to put it behind the counter instead of on the shelf, is that something that if this gets approved, that's required and they can't change their mind and put it on the shelf? Mr. Taormina: Not without coming back before either the Planning Commission and/or the City Council to modify that request. If the petition is ultimately approved and it shows that they are going to comply with that special provision, i.e., they're going to put the products in a secured area with no direct public access, then they have to abide by that requirement. They cannot change it without first coming back and modifying their approvals through the City. Ms. Scheel: Okay. Thank you. Ms. Smiley: We're going to wear you out tonight, Mark. I want to make sure I understood what you said, and that was that he does meet all the requirements and that he's far enough from the school and this and that, but if that area is already adequately served with liquor licenses, we can deny this. Mr. Taormina: If you determine that it does not comply with those general standards and you feel that the area is adequately served, then, yes, you can reject this petition even though it meets all the other special requirements of Section 11.03. Ms. Smiley: I just want to be clear on that. Thank you. Mr. Morrow: Yes, I think just because it meets the requirement of the Ordinance as it relates to distance, it does not mean that other factors cannot enter in as to whether we recommend the granting of this waiver. Any other questions? Seeing none, I'm going to close the public hearing, and I'm going to give Mr. Reeves one more opportunity before we ask for a motion. Do you have anything you'd like to comment on based on what you may have heard? Mr. Frank: Its Mr. Frank. Mr. Morrow: Where did I get Mr. Reeves? Mr. Frank: That's the other fellow. December 15, 2009 25168 Mr. Morrow: Oh, okay. I got it turned around. Mr. Frank, I apologize. Mr. Frank: Which explains my little bit of confusion there for a moment. Mr. Morrow: And mine also. Mr. Frank : Lel me just make one additional clarification. In the City of Troy, we are required under the Troy ordinance to sell liquor from behind a counter, and we just recently added liquor at our Coolidge location and did comply with that requirement in Troy. Also, in Flint and all of our stores in that market, liquor is sold from behind the customer service counter. This is not something new to Kroger. It is something that we have at a number of our locations and there is no real burden or hardship on the part of Kroger to comply with this requirement to put it behind the counter. We would not be coming back to the Commission asking for shelf display. Mr. Morrow: So your system is tried and tested? Mr. Frank : In fad, in many locations, we prefer it. Mr. Morrow: It cuts down on the shortages. Mr. Frank : There is significant shrink in the liquor area unfortunately. Mr. Morrow: Okay, any other questions? Ms. Vartoogian: How many years has this store been in operation? Mr. Frank: The store was built by Great Scott in the late 1980's. In October of 1990, Kroger acquired the Great Scott stores in Michigan, a large number of them. In fad, we acquired three in Livonia. The one at Six Mile and Inkster did not remain open. It was closed and now is the Value Markel. The other location is at Eight Mile and Gill. Il was our return to Livonia after we had lett Livonia in 1984. We were glad to be back. Since that time, we have invested a significant amount of money in this location. We've expanded it twice. I think the Iasi remodel was, we're proud of it. It really did enhance the look and appearance of the store. We've added a lot of features to the store, a lot of departments, the pharmacy, Starbuck's, we expanded the bakery and deli section, the international food section that we added, the nature food section. We are really pleased with the results that we've had with this location and we'd like to add liquor to it to better serve it. The trade area that we pull from, about 60 percent of the value comes within two miles. If you look at that map and you do a two mile ring around it, most of December 15, 2009 25169 those liquor licenses are along Five Mile. What you've got, really, is residential going out in the two mile areas until you gel south of 1-96 where it becomes industrial. Really, the clustering of the liquor licenses is the nature of what Five Mile Road is. There is a good deal of commercial development along Five Mile and, of course, you've got Merriman. It's the mile road configuration. So I think the clustering of liquor stores at these locations is more a function of these as commercial strips and that's why the liquor licenses are concentrated along these commeroial strips rather than in residential areas. I think that's really what the City should want. Mr. Morrow: Okay. Thank you. Ms. Vartoogian: I did have another question. So what is the basis after all these years going without the sale of liquor at that location, what is the basis for this request at this time? Mr. Frank: To provide our customers with more full service one stop shopping, just like we added the Chase Bank. Ms. Vartoogian: Okay. Thank you. Mr. Morrow: Thank you, Mr. Frank. On that note, I'm going to ask for a motion. On a motion by McDermott, seconded by Wilshaw, and adopted, it was #12-70-2009 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on December 15, 2009, on Petition 2009-11-02-17 submitted by The Kroger Company of Michigan requesting waiver use approval to utilize an SDD license (sale of packaged spirits over 21% alcohol) in connection with a retail facility at 30935 Five Mile Road, located on the south side of Five Mile Road between Merriman Road and Henry Ruff Road in the Northwest 1/4 of Section 23, which property is zoned C-2, RUF and P, the Planning Commission does hereby recommend to the City Council that Petition 2009- 11-02-17 be denied for the following reasons: 1. That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; 2. That the City is currently well served with SDD licensed establishments selling packaged alcoholic beverages; December 15, 2009 25170 3. That there is no demonstrated need in the area for additional sales of packaged alcoholic beverages such as are permitted by the utilization of an SDD license; 4. That the proposal is contrary to the goals and objectives of the Zoning Ordinance which, among other things, are intended to insure suitability and appropriateness of uses; and 5. That the proposal is in conflict with the spirt and intent of the Zoning Ordinance to promote and encourage a balanced and appropriate mix of uses and not to oversalurale an area with similar uses. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. A roll call vole on the foregoing resolution resulted in the following: AYES: McDermott, Wilshaw, Scheel, Varlocgian, Smiley NAYES: Taylor, Morrow ABSTAIN: None ABSENT: None Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. The waiver use has been denied, Mr. Frank, and what that will require is an appeal to the City Council if you so choose. You have ten days to submit in writing the appeal of our decision here tonight. ITEM #4 APPROVAL OF MINUTES 988Tr Public Hearings and Regular Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 988th Public Hearings and Regular Meeting held on November 24, 2009. On a motion by Taylor, seconded by Scheel, and adopted, it was #12-71-2009 RESOLVED, that the Minutes of 9881 Public Hearings and Regular Meeting held by the Planning Commission on November 24, 2009, are hereby approved. December 15, 2009 25171 A roll call vole on the foregoing resolution resulted in the following: AYES: Taylor, Scheel, McDermott, Wilshaw, Smiley NAYS: None ABSENT: None ABSTAIN: Varloogian, Morrow Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 989t' Public Hearings and Regular Meeting held on December 15, 2009, was adjourned at 8:07 p.m. CITY PLANNING COMMISSION Carol A. Smiley, Secretary ATTEST: R. Lee Morrow, Chairman