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Home My WebLink About2017-03-02-05_7-Eleven_eCOUNCILpacketPetition 2017-03-02-05 submitted by 7-Eleven, Inc. and Fazal & Khurram Corporation requesting waiver use approval pursuant to Section 11.03(r) of the City of Livonia Zoning Ordinance #543, as amended, to utilize an SDM liquor license (sale of packaged beer and wine) in connection with the operations of a convenience store (7-Eleven) and gas station (Mobil) at 29321 Eight Mile Road, located on the southeast corner of Eight Mile and Middlebelt Roads in the Northwest ¼ of Section 1. MORLOCK AVENUE MIDDLEBELT ROADFREMONT AVENUEMid-8 Plaza29105 - 29131 Middlebelt-NorfolkRetail Plaza20313-2032520300 29321 29023 20315 29535-29541 202752909029060 20255 20265 290302900920235 20424 20361 20385 20307 20595 2911020561 20540 20561 2907329471 29441 20330 20579 20314 20318 2909529457294332942420322 20339 20516 20404 20365 20337 2950020415 20405 20317 20321 20327 20403 20313 20417 20331 20515 20525 20309 20539 20519 2033529451291092912929149291692918929209203902925929281 20305 20335 203862944120456 29301Heartland Health Care CenterSenior Housing 29270 ´ Not to Scale City of LivoniaPlanning Department Address & Zoning Map 11jEIGHT MILE ROAD SEVEN MILE ROAD M - 1 M - 1 INKSTER ROADO S O S C - 1 C - 1 Petition 2017-03-02-057-Eleven29321 Eight Mile RoadTo Utilize an SDM Liquor License R - U - F R - U - F C - 2 C - 2 C - 2 C - 2 EIGHT MILE ROAD MIDDLEBELT ROADMIDDLEBELT ROADFarmington Hills ´ Not to Scale City of LivoniaPlanning Department Aerial Map 11jEIGHT MILE ROAD SEVEN MILE ROAD INKSTER ROADPetition 2017-03-02-057-Eleven29321 Eight Mile RoadTo Utilize an SDM Liquor License EIGHT MILE ROAD MIDDLEBELT ROADMIDDLEBELT ROADFarmington Hills MO RL OC K AVE NU E FREMONT AVENUEMid-8 Plaza29105 - 29131 29321 29023 20315 29535-29541 2909020424 20385 20595 2911020561 20540 20561 2907329471 29441 20579 29095294572943320516 20404 20365 20415 20405 20327 20403 20417 20331 20515 20525 20539 20519 2945129109291292914929169291892920920390 292592928120335 203862944120456 29301Heartland Health Care CenterSenior Housing 29270 ´ Not to Scale City of LivoniaPlanning Department Notification Map Dat e of Public Hearing: April 11, 2017 Site Under Petition 300 Feet Radius Properties within 300 feet EIGHT MILE ROAD Petition 2017-03-02-057-Eleven29321 Eight Mile RoadTo Utilize an SDM Liquor License MIDDLEBELT ROADFREMONT AVE.Farmington Hills B R E N T WO O D A V E N U E MORLO CK AVENUE MELVIN AVENUELOUISE AVENUEHUGH AVENUEMIDDLEBELT ROADNO RFO LK AVEN UEBEATRICE AVENUEFREMONT AVENUEMORLO CK AVENUE Mid-8 Plaza29105 - 29131 Sana Belt Retail Plaza20281-20295Middlebelt-NorfolkRetail Plaza20313-2032520300 20278 - 20298 28803 Cemetery29003 28980290052983529321 28940 28711 29023 20315 29535-29541 2891120275 20234 2961529623 290902906020308 20312 20286 20262 2024420255 20265 29030289102900920235 29425 2900020424 2897920361 20385 20307 20281 2059529811 20229 20515 20223 289452911020561 20540 20561 2907329955 202802961920271 20315 29471 29441 2037329943 20330 20355 20579 20314 20318 29095294572943320403 20425 20345 2942420322 20 47120352 20138 20339 20335 29559 2865020466 20333 20160 2866420516 20404 20511 20365 20337 2950020172 20361 29705 20275 2 0 4 5 7 20315 20415 2 0 4 4 5 20405 2043120326 20212 2031620315 20513 20361 20330 20410 20317 20380 20322 20403 20321 20402 20306 20327 20503 20395 20403 20413 20407 20435 20490 20316 20323 20313 20417 20331 20508 20450 20404 20494 20331 20515 20525 20305 20374 20318 20444 20360 20309 20403 20382 20490 20404 20414 20322 20520 20414 20352 20394 20517 20321 20344 20420 20322 20324 20496 20422 20415 20539 20314 20338 20309 20519 20333 20421 20502 20325 20339 20507 20325 29630 20330 20516 20329 20436 20485 2032320360 20345 20505 20506 20330 20332 20445 20495 30013 2041429915-2991729957299293001520335 20321 20358 20309 20238 20358 20426 20433 20224 2 0 2 5 1 20357 28 88 0 2025220322 204122040020211 20444 20211 20280 2945120309 2 0 2 6 3 20332 20310 20137 20159 20259 2012520124 20171 20235 20247 2022329940 203622032120310 20309 20247 20137 20333 20321 20171 20235 20259 20125 20345 20159 20223 20222 20136 20258 20170 20210 20158 20308 20246 20320 2023428894 20310 2910920421 29129204242914929169291892920920390 20301 292592928120460 20302 20305 20344 2039020397 203452035020399 20335203982033620349 2 030520386 20361 20302 20379 203372043620355 2 0 4 4 8 20405 2944120271 20439 20395 20520 20507 20456 2930120290 28905Heartland Health Care CenterSenior Housing 29270 A PUBLIC HEARING WILL TAKE PLACE BEFORETHE CITY PLANNING COMMISSION OF THE CITY OF LIVONIAON TUESDAY APRIL 11, 2017 AT THELIVONIA CITY HALL, 33000 CIVIC CENTER DRIVE, LIVONIA, MICHIGANAT 7:00 P.M., OR AS SOON THEREAFTER AS THE AGENDAWILL PERMIT ON THE FOLLOWING ITEM:Petition 2017-03-02-05 submitted by 7-Eleven, Inc. and Fazal & Khurram Corporation requestingwaiver use approval pursuant to Section 11.03(r) of the City of Livonia Zoning Ordinance #543,as amended, to utilize an SDM liquor license (sale of packaged beer and wine) in connectionwith the operations of a convenience store (7-Eleven) and gas station (Mobil) at 29321 EightMile Road, located on the southeast corner of Eight Mile and Middlebelt Roads in the Northwest¼ of Section 1. YOU ARE ENCOURAGED TO ATTEND THE PUBLIC HEARING AND PRESENT YOURVIEWS ON THIS MATTER TO THE CITY PLANNING COMMISSION. In accordance with Title II of the American with Disabilities Act as it pertains to access to Public Meetings, thePlanning Department of the City of Livonia, upon adequate notice, will make reasonable accommodations forpersons with special needs. Please call 734-466-2290 if you need assistance. 33000 Civic Center DriveLivonia, Michigan 48154-3097(734) 466-2290Fax: (734) 466-2108 NOTIC E OF PUBLIC HEARING CITY OF LIVONIA PLANNING COMMISSION PARKVILLE AVENUEMAPLEWOOD AVENUEWEYHER AVENUEEIGHT MILE ROAD Farmington Hills PLANNING COMMISSION STAFF NOTES PUBLIC HEARING ITEM 2 Petition 2017-03-02-05 submitted by 7-Eleven, Inc. and Fazal & Khurram Corporation requesting waiver use approval pursuant to Section 11.03(r) of the City of Livonia Zoning Ordinance #543, as amended, to utilize an SDM liquor license (sale of packaged beer and wine) in connection with the operations of a convenience store (7-Eleven) and gas station (Mobil) at 29321 Eight Mile Road, located on the southeast corner of Eight Mile and Middlebelt Roads in the Northwest ¼ of Section 1. April 4, 2017 Study Meeting: This petition seeks waiver use approval for the utilization of a new SDM liquor license (sale of packaged beer and wine products for consumption off the premises) at an existing 7-Eleven convenience store and Mobil gas station located at the southeast corner of Eight Mile and Middlebelt Roads. The site is zoned C-2 (General Business), and measures 1.25 acres in total land area with 231 feet of frontage on Eight Mile Road and 225 feet of frontage along Middlebelt Road. The 7- Eleven convenience store contains a total of approximately 2,200 square feet of gross leasable floor space. SDM liquor licenses require waiver use approval under Section 11.03(r) of the Zoning Ordinance. The special requirements that apply to SDM Liquor Licenses include Section 11.03(r)(1) of the Zoning Ordinance, which specifies that no SDM licensed establishments shall be located within five hundred feet (500’) of any existing SDM licensed establishment, as measured from the nearest point on the building proposed to be licensed to the building in which the existing licensed establishment is located. The proposed convenience store complies with this special waiver use requirement in that no other SDM licensed establishment is located within five hundred feet (500’) of the proposed location. The closest licensed businesses are Cantoro Italian Market (SDM only) and the Beer Baron part store (SDD/SDM), both located on the east side of Middlebelt Road a little more than ½ mile south of the subject property. Another special requirement, Section 11.03(r)(2), specifies that a proposed SDD. or SDM. licensed establishment shall be located at least four hundred (400) feet distant from any church or school building, either public or parochial, as measured from the nearest point on the building proposed to be licensed to the existing church or school building. No church or school building exists within four hundred feet (400’) of the subject gas station/convenience store. The nearest church in Livonia is the Clarenceville Methodist Church located approximately 680 feet to the south. In Farmington Hills, the closest church is located at the northeast corner of Middlebelt and Eight Mile Roads, and is a little over 500 feet from the gas station. The closest school is Clarenceville Middle School, located approximately 1,500 feet south of the subject property. PUBLIC HEARING ITEM 2 Petition 2017-03-02-05 – 7-Eleven SDM License Page 2 For SDM products there are no requirements restricting public access. The SDM products at this location would be displayed on open shelves and within a refrigeration unit. Until recently, it was more difficult for gas stations to carry SDM or SDD licenses. Last year, the State changed the law in a way that relaxes certain regulations, including the minimum inventory that retailers must maintain (excluding alcoholic liquor and fuel) as well as the separation distance between the point-of-sales for any alcoholic liquor and the point where motor vehicle fuel is dispensed. The result of these changes has opened the door for retail gasoline stations to obtain SDM and SDD licenses. Notwithstanding the statutory amendments governing the issuance of SDM licenses by the MLCC, local control is still available through the City’s zoning regulations, and the burden remains on the Petitioner to demonstrate that the use will follow all the special and general waiver use standards as provided under Section 19.06 of Ordinance No. 543, as amended. At present, Livonia has 30 SDM-licensed businesses, including five (5) which are operated by 7-Eleven convenience stores. In addition, there are 34 SDD-licensed businesses in the City (including 1 in escrow), all of which operate SDM licenses. Thus, currently within the City there are 63 retail establishments authorized by the MLCC to sell packaged beer and wine products to customers for off-premise consumption. To date, no gas stations in Livonia have obtained waiver use approval to sell alcoholic products. Two (2) previous requests for SDM licenses—one located at the New Five Shell at Newburgh and Five Mile Roads and the other located at the Mid-7 BP at Seven Mile and Middlebelt Roads—were both denied by the Planning Commission in 2008 (See attached CPC Resolutions #09-86-2008 and #09-84- 2008). April 11, 2017 Public Hearing: Denying Resolution: That the request to utilize an SDM liquor license (sale of packaged beer and wine) in connection with the operations of a convenience store (7-Eleven) and gas station (Mobil) at 29321 Eight Mile Road is hereby 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 this part of the City is currently well-served with SDM licensed establishments selling packaged alcoholic beverages; 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 SDM license; PUBLIC HEARING ITEM 2 Petition 2017-03-02-05 – 7-Eleven SDM License Page 3 4. That the petitioner has not sufficiently demonstrated that the proposed use would be compatible to and in harmony with the principle use of the subject property as well as other uses in the surrounding area; and 5. 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. Approving Resolution: That the request to utilize an SDM liquor license (sale of packaged beer and wine) in connection with the operations of a convenience store (7-Eleven) and gas station (Mobil) at 29321 Eight Mile Road is hereby approved, subject to City Council approval and the following condition: 1. The Petitioner shall not engage in any form of solicitation for business within the public right-of-ways of Eight Mile and Middlebelt Roads Subject to the preceding condition, this petition is approved for the following reasons: 1. That the proposed use of an SDM liquor license at this location complies 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 subject site has the capacity to accommodate the proposed SDM liquor license; and 3. That the proposed SDM liquor license is compatible to and in harmony with the surrounding uses in the area. 33000 CIVIC CENTER DRIVE LIVONIA, MICHIGAN 48154-3097 (734) 466-2290 Fax (734) 458-6007 PLANNING COMMISSION JACK KIRKSEY MAYOR MARK TAORMINA PLANNING DIRECTOR JEFFERY A. BRYANT ECONOMIC DEVELOPMENT DIRECTOR JOHN J. WALSH, Chairman R. LEE MORROW, Vice Chairman CAROL A. SMILEY, Secretary DEBORAH L. McDERMOTT LYNDA L. SCHEEL ASHLEY R. VARTOOGIAN IAN WILSHAW September 24, 2008 Mr. Brian Koza Mid-Seven Gasoline Company 3205 Interlaken W. Bloomfield, MI 48232 Re: Petition 2008-06-02-21 - Mid-Seven Gasoline Company Dear Mr. Koza: At the 970th Public Hearings and Regular Meeting held by the City Planning Commission on September 23, 2008, in the Livonia City Hall, the following resolution was unanimously adopted: #09-84-2008 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on September 23, 2008, on Petition 2008-06-02-21 submitted by Mid-Seven Gasoline Company requesting waiver use approval to operate an SDM liquor license at 29401 Seven Mile Road, located on the southwest corner of Seven Mile Road and Middlebelt Road in the Northeast ¼ of Section 11, which property is zoned C-2, the Planning Commission does hereby deny Petition 2008-06-02-21 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; To: Mr. Koza September 24, 2008 Re: Petition 2008-06-02-21 - Mid-Seven Gasoline Page 2 2. That the proposed use fails to comply with Section 11.03(h)(1) of the Zoning Ordinance requi ring a 500 foot separation between SDM licensed establishments in a C-2 District; 3. That this area of the City is currently well served with existing SDM licensed establishments; 4. That there is no demonstrated need for additional SDM licensed establi shments in this area of the City; 5. That the petitioner has not sufficiently demonstrated that the proposed use would be compatible to and in harmony with the principle use of the subject property as well as other uses in the surrounding area; and 6. 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. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Please be advised that the petitioner has 10 days to appeal the decision in writing to the Livonia City Council, pursuant to Section 19.08 of the Zoning Ordinance No. 543, as amended. Very truly yours, CITY PLANNING COMMISSION ____________________________ Carol A. Smiley, Secretary cc: John B. Carlin, Jr., Carlin, Edwards, Brown & Howe, P.L.L.C., 2855 Coolidge Highway, Suite 203, Troy, MI 48084 33000 CIVIC CENTER DRIVE LIVONIA, MICHIGAN 48154-3097 (734) 466-2290 Fax (734) 458-6007 PLANNING COMMISSION JACK KIRKSEY MAYOR MARK TAORMINA PLANNING DIRECTOR JEFFERY A. BRYANT ECONOMIC DEVELOPMENT DIRECTOR JOHN J. WALSH, Chairman R. LEE MORROW, Vice Chairman CAROL A. SMILEY, Secretary DEBORAH L. McDERMOTT LYNDA L. SCHEEL ASHLEY R. VARTOOGIAN IAN WILSHAW September 24, 2008 Yasmin Alkhafaji Amani Station Investors, L.L.C. 2000 Town Center, Suite 2100 Southfield, MI 48075 Re: Petition 2008-06-02-22 - Amani Station Investors, Inc. Dear Mr. Alkhafaji: At the 968th Public Hearings and Regular Meeting held by the City Planning Commission on September 23, 2008, in the Livonia City Hall, the following resolution was unanimously adopted: #09-86-2008 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on September 23, 2008, on Petition 2008-06-02-22 submitted by Amani Station Investors, Inc. requesting waiver use approval to operate an SDM liquor license at 37449 Five Mile Road, located on the southwest corner of Five Mile Road and Newburgh Road in the Northeast ¼ of Section 19, which property is zoned C-2, the Planning Commission does hereby deny Petition 2008-06-02-22 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; 2. That the proposed use fails to comply with Section 10.03(h)(1) of the Zoning Ordinance requiring a 500 foot separation between SDM licensed establishments in a C-1 District; To: Mr. Alkhafaji September 24, 2008 Re: Petition 2008-06-02-22 - Amani Station Page 2 3. That this area of the City is currently well served with existing SDM licensed establishments; 4. That there is no demonstrated need for additional SDM licensed establishments in this area of the City; 5. That the petitioner has not sufficiently demonstrated that the proposed use would be compatible to and in harmony with the principle use of the subject property as well as other uses in the surrounding area; and 6. 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. 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. Please be advised that the petitioner has 10 days to appeal the decision in writing to the Livonia City Council, pursuant to Section 19.08 of the Zoning Ordinance No. 5 43, as amended. Very truly yours, CITY PLANNING COMMISSION ____________________________ Carol A. Smiley, Secretary cc: Mr. John B. Carlin, Jr., Carlin, Edwards, Brown & Howe, P.L.L.C., 2855 Coolidge Highway, Suite 203, Troy, MI 48084 33000 CIVIC CENTER DRIVE LIVONIA, MICHIGAN 48154-3097 (734) 466-2571 FAX: (734) 466-2195 M:\ALL OTHER MATTERS\Planning Petition Responses\2017\2017-03-02-05 – 7-Eleven SDM License.doc DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION DENNIS K. WRIGHT MAYOR DONALD R. ROHRAFF DIRECTOR OF PUBLIC WORKS TODD J. ZILINCIK, P.E. CITY ENGINEER DAVID W. LEAR, P.E. ASST. CITY ENGINEER March 24, 2017 Mr. Scott Miller Planner IV City of Livonia Re: Petition 2017-03-02-05 – 7-Eleven SDM License Dear Mr. Miller: In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the waiver use at this time. The existing parcel is assigned the address of #29321 Eight Mile Road. The attached legal description appears to be correct for the parcel, and should be used in conjunction with this petition. The existing building is currently serviced by public water main, sanitary sewer and storm sewer. Should renovations to the building require alterations to the existing services, drawings will need to be submitted to this department to determine if permits will be required. Also, should the owner need to complete work within the Middlebelt Road or Eight Mile Road right-of-way’s, permits from the Wayne County Department of Public Services and/or Oakland County Road Commission will be required. Should you have any additional questions on this matter, please feel free to contact myself at (734) 466-2608 or the City Engineer, Mr. Todd Zilincik at (734) 466-2561. If you would prefer, you can e-mail either of us at dlear@ci.livonia.mi.us or tzilincik@ci.livonia.mi.us. Sincerely, ______________________ David W. Lear, P.E. Assistant City Engineer cc: 2017 Petition File DEPARTMENT OF PUBLIC SAFETY LIVONIA FIRE & RESCUE SHADD A. WHITEHEAD FIRE CHIEF DENNIS K. WRIGHT MAYOR 14910 FARMINGTON ROAD LIVONIA, MICHIGAN 48154-5419 734-466-2444 734-466-2082 fax March 23, 2017 Scott O. Miller, Planner IV Planning Commission City of Livonia RE: Petition 2017-03-02-05, 7-Eleven SDM License, 29321 Eight Mile Road This office has reviewed the site plan submitted in connection with a request to utilize as SDM liquor license in connection with the convenience store (7-Eleven) within the gas station (Mobil) on property located at the above referenced address. We have no objections to this proposal. Sincerely, Keith Bo Keith Bo Fire Marshal DEPARTMENT OF PUBLIC SAFETY DIVISION OF POLICE 15050 Farmington Road Livonia, Michigan 48154-5499 (734) 466-2470 FAX: (734) 261-2265 March 24, 2017 Mr. Scott O. Miller Planning Commission 33000 Civic Center Drive Livonia, MI 48154 Re: Petition 2017-03-02-05- 7-Eleven SDM License Dear Mr. Miller, I have reviewed the plans in connection with the petitions. I have no objections to the proposals. Please feel free to contact me should you have any questions. Sincerely, FOR THE CHIEF OF POLICE Brian Leigh, Sergeant Traffic Bureau (734) 466-2107 DENNIS WRIGHT MAYOR CURTIS CAID CHIEF OF POLICE 33000 CIVIC CENTER DRIVE LIVONIA, MICHIGAN 48154-3097 (734) 466-2580 FAX: (734) 466-2095 INSPECTION DEPARTMENT DENNIS K. WRIGHT MAYOR JEROME A. HANNA DIRECTOR BUILDING HEATING PLUMBING ELECTRICAL ZONING SANITATION ENVIRONMENTAL PROTECTION ORDINANCE ENFORCEMENT Date: April 3, 2017 To: Scott O. Miller From: Jerome Hanna RE: Petition 2017-03-02-05 – 29321 Eight Mile Road – 7-Eleven SDM License Pursuant to your request, the above referenced Petition has been reviewed. This Department has no objections to this Petition. I trust this provides the requested information. Jerome Hanna Director of Inspection JH/kdt DEPARTMENT OF FINANCE 33000 CIVIC CENTER DRIVE LIVONIA, MICHIGAN 48154-3097 (734) 466-2260 FAX: (734) 421-1807 DENNIS K. WRIGHT MAYOR Michael T. Slater DIRECTOR OF FINANCE Coline R. Coleman CHIEF ACCOUNTANT March 22, 2017 Mr. Scott O. Miller Planning Commission 33000 Civic Center Drive Livonia, MI 48154 Petition 2017-03-02-05 – 7 Eleven SDM License Dear Mr. Miller, I have reviewed the address connected with the above noted petition. A false alarm charge of $50.00 has been outstanding for this address since October 20, 2015. Accrued interest through March 9, 2017 is $8.64, bringing the total owed to the City of Livonia to $58.64. Please contact me if you have any further questions. Very truly yours, Coline R. Coleman Chief Accountant 33000 CIVIC CENTER DRIVE LIVONIA, MICHIGAN 48154-3060 (734) 466-2245 FAX: (734) 421-7230 OFFICE OF THE TREASURER LYNDA L. SCHEEL CITY TREASURER March 20, 2017 Mr. Scott Miller – Planner IV Planning Commission City of Livonia Re: Petition 2017-03-02-05 29321 Eight Mile Road 7-Eleven SDM License Dear Mr. Miller, In accordance with your request, the Treasurer’s Office has reviewed the addresses connected with the above noted petition. At this time there are no outstanding amounts receivable for taxes, therefore I have no objections to the proposal. Sincerely, _______________________ Lynda L. Scheel Treasurer, City of Livonia OTHER ITEMS RELATED TO THE PETITION UNAPPROVED MINUTES 1 MINUTES OF THE 1,104th PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA ________________________________________________________________ On Tuesday, April 11, 2017, the City Planning Commission of the City of Livonia held its 1,104th Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Ian Wilshaw, Chairman, called the meeting to order at 7:00 p.m. Members present: Glen Long Betsy McCue Carol Smiley Kevin Priddy Ian Wilshaw Members absent: Sam Caramagno, Peter Ventura Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, Program Supervisor, were also present. Chairman Wilshaw informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in turn, will hold its own public hearing and make the final determination as to whether a petition 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 ten 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 C ommission and the professional staff have reviewed each of these petitions upon their filing. 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 #2 PETITION 2017-03-02-05 7-ELEVEN/MOBIL Ms. Smiley, Acting Secretary, announced the next item on the agenda, Petition 2017-03-02-05 submitted by 7-Eleven, Inc. and Fazal & Khurram Corporation requesting waiver use approval pursuant to Section 11.03(r) of the City of Livonia Zoning Ordinance #543, as amended, to utilize an SDM liquor license (sale of packaged beer and wine) in connection with the operations of a convenience store (7-Eleven) and gas station (Mobil) at 29321 Eight Mile Road, located on the southeast corner of Eight Mile and Middlebelt Roads in the Northwest 1/4 of Section 1. UNAPPROVED MINUTES 2 Mr. Taormina: This request is by the operator of the 7-Eleven convenience store and a Mobil gas station located at Eight Mile and Middlebelt Road to utilize an SDM liquor license. The SDM is a Specialty Designated Merchants license which would allow the petitioner to sell prepackaged beer and wine products for consumption off the premises. The property is on the southeast corner of the intersection. It’s about 1.25 acres in area. It includes 231 feet of frontage on Eight Mile Road and 225 feet of frontage along Middlebelt Road. The zoning is C-2, General Business. The site is developed with a gas station and convenience store. The convenience store is roughly 2,200 square feet in size. The Zoning Ordinance, as it applies to SDM Liquor License requests, has a number of special waiver use requirements. One of those is Section 11.03(r)(1) which stipulates that the proposed SDM licensed establishment cannot be located within 500 of any existing SDM licensed business. This distance is measured from between the actual buildings, and in this case, the closest SDM licensed business is more than 500 feet away. It would be Cantoro Italian Market. They carry an SDM license and they are located approximately one- half mile to the south of this business on the east side of Middlebelt Road. The next closest licensed establishment is the Beer Baron party store. They carry an SDD as well as an SDM license, so they sell both packaged beer and wine products as well as spirits. The other special requirement that applies to these types of liquor license requests is Section 11.03(r)2 which specifies that any proposed SDM licensed business must be located no closer than 400 feet from any church or school building. There are two churches in relative close proximity to this location, but both are more than 400 feet away. The closest church is at the northwest corner of the intersection in Farmington Hills and measured between the buildings that distance is right around 500 feet. The next closest is Clarenceville Methodist Church, which is approximately 680 feet to the south, also on the east side of Middlebelt Road. In terms of the closest school, Clarenceville Middle School is located roughly 1,500 feet to the south of the subject property. There is no special requirement related to the placement of the SDM products within the establishment, so the floor plan that was submitted with the application indicates that those products would be displayed on the open shelves within the store as well as existing refrigeration units, which are highlighted on this particular plan. With that, Mr. Chairman, I’d be happy to read out the departmental correspondence. UNAPPROVED MINUTES 3 Mr. Wilshaw: Please. Mr. Taormina: There are six items of correspondence. The first item is from the Engineering Division, dated March 24, 2017, which reads as follows: “In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the waiver use at this time. The existing parcel is assigned the address of 29321 Eight Mile Road. The attached legal description appears to be correct for the parcel, and should be used in conjunction with this petition. The existing building is currently serviced by public water main, s anitary sewer and storm sewer. Should renovations to the building require alterations to the existing services, drawings will need to be submitted to this department to determine if permits will be required. Also, should the owner need to complete work wit hin the Middlebelt Road or Eight Mile Road rights-of-way, permits from the Wayne County Department of Public Services and/or Oakland County Road Commission will be required.” The letter is signed by David W. Lear, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated March 23, 2017, which reads as follows: “This office has reviewed the site plan submitted in connection with a request to utilize as SDM liquor license in connection with the convenience store (7-Eleven) within the gas station (Mobil) on property located at the above referenced address. We have no objections to this proposal.” The letter is signed by Keith Bo, Fire Marshal. The third letter is from the Division of Police, dated March 24, 2017, which reads as follows: “I have reviewed the plans in connection with the petition. I have no objections to the proposal.” The letter is signed by Brian Leigh, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated April 3, 2017, which reads as follows: "Pursuant to your request, the above-referenced petition has been reviewed. This Department has no objections to this petition.” The letter is signed by Jerome Hanna, Director of Inspection. The fifth letter is from the Finance Department, dated March 22, 2017, which reads as follows: "I have reviewed the address connected with the above noted petition. A false alarm charge of $50.00 has been outstanding for this address since October 20, 2015. Accrued interest through March 9, 2017 is $8.64, bringing the total owed to the City of Livonia to $58.64.” The letter is signed by Coline Coleman, Chief Accountant. The sixth letter is from the Treasurer’s Department, dated March 20, 2017, which reads as follows: “In accordance with your request, the Treasurer’s Office has reviewed the address connected with the above noted petition. At this time, there are no outstanding amounts UNAPPROVED MINUTES 4 receivable for taxes. Therefore, I have no objections to the proposal.” The letter is signed by Lynda Scheel, Treas urer. Thank you. Mr. Wilshaw: Are there any questions for the Planning Department? Mr. Long: Mr. Taormina, in the notes it indicates that two previous requests for SDM licenses were brought to the Planning Commission in 2008 and were both denied. Do you know, were either of those appealed to City Council and what was the disposition? Mr. Taormina: I believe neither one of those items was appealed to City Council. So the action of the Planning Commission in both cases was final. Mr. Long: Thank you. Ms. Smiley: Nothing has changed since then, has it? Mr. Taormina: Changed in terms of what? There have been changes to the state statute regarding the operation of SDM licenses out of gas stations. So there has been, and I think this is described in the notes. There’s been some relaxation of the rules related to fueling facilities, namely, the minimum inventory that the business must maintain; and then secondly, there were some distance requirements between the point of sale where the liquor sale occurred and where the fuel is being dispensed. So while there were some significant inventory restrictions and very tight distance requirements, both of those have been modified, and I think it has opened up the door for these types of requests. This is the first one and we expect a few more to come in as well. Ms. Smiley: Okay, but there hasn’t been any big drop in the number of licenses in that part of the city, has it? Mr. Taormina: No. I don’t think there’s been any change to the number or distribution of licenses in the northeast quadrant for some time. Quite frankly, I can’t think of anything significant recently. Ms. Smiley: Okay. Thank you. Mr. Wilshaw: Any other questions for the Planning Director? Seeing none, is the petitioner here? Again, we ask that you start with your name and address for the record please. UNAPPROVED MINUTES 5 Steve Ormond, Clark Hills, P.L.C., 500 Woodward Avenue, Detroit, Michigan 48226. Mr. Wilshaw: Thank you, Mr. Ormond. And you’re representing the petitioner? Mr. Ormond: Representing the petitioners if we look at it that way, both 7 - Eleven and the franchisee who operates the store. And what I’m understanding from the recommendation letters or the comment letters that were submitted is the basic zoning criteria for the waiver are all met. This is not a construction project so the other possible considerations that would come into play don’t come into play. It is an interesting change that happened at the turn of the year when the legislature revised the statute. A little bit of background on that. The previous statute had the inventory requirement which was a quarter of million dollars; the store had to have that much inventory in order to apply to the Liquor Commission for an SDM license if they were operating gas dispensing as well. And in the case of small store operations like 7-Eleven, other convenience stores, smaller stores, it was very uncommon to have an inventory of that level. The larger store operations, larger retailers, could do that but not the smaller stores. The legislature, I think, felt that that was a bit of an unfair result for the smaller operators and made the change at the turn of the year and, at the same time, imposed a new, in addition to relaxing the inventory requirement, imposed a new system of limited SDM licenses going forward. This is new for the sale of spirits. There had been limits on the number of licenses for a long time, but the SDMs were basically available to all comers. So this exchange was made. This was kind of the bargain, if you will, and the legislature granted a period of I think it was 90 days following the new legislation for existing stores that might be qualified to submit their applications, and this is one of the stores. The store has every intention of operating this business in a good way. I think at that location it has a history of being a good citizen of the city, and there is a liquor and alcoholic beverage monitoring system/training system. 7 -Eleven has it. It’s called Come of Age and that’s been approved by the Liquor Commission to train all of the store employees. As you may know, the issue of underage consumption of alcohol is always of concern. At the same time, this store plans to implement what is called the Bars Program, which is a, I’ll say kind of a mystery shop kind of a system where the store will get regular pass or not pass cards if the store employee is not property monitoring the age of the purchasers. 7 -Eleven has had an active role, not in the management of the store per se, UNAPPROVED MINUTES 6 but in helping the franchisees to sustain their business and also to sustain compliance with all of the laws. I’m proud to represent them. I’m a Livonia boy bred and I’m proud of the City and what its accomplished, and I think allowing this to go forward would simply express the City’s compliance with basically the legislative desire and, at the same time, allow a small business operator to compete to some extent. Now there are sometimes concerns expressed about whether the alcohol sales represent an oversized percentage of store revenues. In the 7-Eleven stores, the experience is less than 10 percent of store revenues are represented by sales of beer and wine. In this store, the estimate is that there would be about 1,000 items in the inventory, the SKUs, but the beer and wine would represent perhaps 40 or 50 of those SKUs. So this is not a situation where we’re converting a convenience store into a, in effect, a mostly liquor store. This is not one of those situations. I’m happy to answer any other questions you may have. And I also have with me 7-Eleven’s field consultant, Brian, and also the store manager, Raul. Mr. Wilshaw: Thank you, Mr. Ormond, for your presentation. I appreciate that. Is there any questions for the petitioner? Mr. Long: Is the store open 24/7? Mr. Ormond: Yes, it is. Mr. Long: Would the beer coolers then be locked up at 2:00 a.m,? Brian Hopper: The cooler doors that would have been in them would be locked at 2:00 a.m. and then unlocked at 7:00 a.m. Mr. Long: Okay, I’m sorry. Your name and address for the record please . Brian Hopper: The address for 7-Eleven is 850 Stephenson Highway in Troy, Michigan. Mr. Long: Thank you. Mr. Wilshaw: Any other questions for the petitioner? Seeing none, is there anybody in the audience that wishes to speak for or against this item? Seeing no one coming forward, is there anything else that you’d like to add, Mr. Ormond? Mr. Ormond: No. If there are no questions, I’d just like to point out one more time, I can’t help it. It’s the lawyer in me. We have complied with UNAPPROVED MINUTES 7 all of the specific zoning requirements, and so we would certainly appreciate an approval. Mr. Wilshaw: Thank you, sir. With that, I’ll close the public hearing. Is there a motion? On a motion by Smiley, seconded by Priddy, and unanimously adopted, it was #04-21-2017 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on April 11, 2017, on Petition 2017-03-02-05 submitted by 7-Eleven, Inc. and Fazal & Khurram Corporation requesting waiver use approval pursuant to Section 11.03(r) of the City of Livonia Zoning Ordinance #543, as amended, to utilize an SDM liquor license (sale of packaged beer and wine) in connection with the operations of a convenience store (7-Eleven) and gas station (Mobil) at 29321 Eight Mile Road, located on the southeast corner of Eight Mile and Middlebelt Roads in the Northwest 1/4 of Section 1 , which property is zoned C-2, the Planning Commission does hereby recommend to the City Council that Petition 2017-03-02-05 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 this part of the City is currently well-served with SDM licensed establishments selling packaged alcoholic beverages; 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 SDM license; 4. That the petitioner has not sufficiently demonstrated that the proposed use would be compatible to and in harmony with the principle use of the subject property as well as other uses in the surrounding area; and 5. 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. UNAPPROVED MINUTES 8 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. Wilshaw: Mr. Taormina? Mr. Taormina: I just wanted to, if the maker of the motion could correct in I believe Conditions #2 and #3 the reference to SDD. Change than to SDM license. Ms. Smiley: Absolutely. Mr. Wilshaw: Yes, that looks like a typo there. Ms. Smiley: And that’s okay with you, Commissioner Priddy? Mr. Priddy: Yes. That’s acceptable. Ms. Smiley: Okay. Thank you. Mr. Wilshaw: We have a denying motion on the floor. Is there any discussion? Seeing none, the roll call would be in order. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. The petitioner will have 10 days to appeal this to City Council.