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HomeMy WebLinkAboutPLANNING MINUTES 2009-10-20MINUTES OF THE 987" PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, October 20, 2009, the City Planning Commission of the City of Livonia held its 9W 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 Varloogian Carol A. Smiley Gerald Taylor Members absent: Ian Wilshaw Messrs. Mark Taormina, Planning Director; Al Nowak, Planner IV; and Ms. Marge Watson, Program Supervisor; were also present. Chairman Morrow informed the audience that if a petition on tonighfs 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 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 Commission and the professional staff have reviewed each of these petitions 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 2008-08-02-11 WALGREEN COMPANY 29370 PLYMOUTH ROAD Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2009-08- 02-11 submitted by Walgreen Company requesting waiver use approval to utilize an SDM license (sale of packaged beer and wine) in connection with a retail facility at 29370 Plymouth Road, located on the northeast corner of Plymouth Road and Middlebell Road in the Southwest 1/4 of Section 25. Marcus Ray Jones, Esq., Warner Norcross & Judd, L.L.P., Fifth Third Building, 111 Lyon Street N.W., Suite 900, Grand Rapids, Michigan 49503. 1 am from Grand Rapids, Michigan, representing Walgreens. I just wanted to add that the offering of alcohol at the Walgreens store at this locafion is a limited offering. It is less than one percent of the floor space. It will be half a cooler and 12 feet of shelf space. It would only be packaged alcohol, no single serve, no hard liquor, nothing outside of responsible pickup and carry alcohol. Its really designed as a convenience to the customers of Walgreens and not to turn Walgreens into a liquor store. We are responding to the demands of the market October 20, 2009 25121 Mr. Taormina provided background on the item and presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Morrow: Is there any correspondence? Mr. Nowak: There are three items of corespondence. The first item is from the Engineering Division, dated September 18, 2009, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced petition. The legal description submitted is correct. We have no issues with the proposal at this time. The address according to our records is 29370 Plymouth Road." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Division of Police, dated September 14, 2009, which reads as follows: "We have reviewed the plans in connection with Walgreens — SDM License, located at 29370 Plymouth Road (northeast corner of Plymouth and Middlebelt Roads). We have no objections or recommendations to the plans as submitted." The letter is signed by Donald E. Boneo, Sergeant, Special Services Bureau. The third letter is from the Inspection Department, dated September 30, 2009, which reads asfollows: "Pursuant to your request of September 2, 2009, the above -referenced petition has been reviewed. The following is noted. This property is currently under violation by the Ordinance Department for vermin infestation and required to obtain an exterminator to exterminate the problem and to take measures to prevent future infestation. The site is being monitored by our ordinance officers. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. That is the extent of the corespondence. Mr. Morrow: Are there any questions for the staff? Seeing none, we will go to the audience and ask the petitioners representative to come forward. We will need your name and address for the record and if there's anything you want to add to the presentation. Marcus Ray Jones, Esq., Warner Norcross & Judd, L.L.P., Fifth Third Building, 111 Lyon Street N.W., Suite 900, Grand Rapids, Michigan 49503. 1 am from Grand Rapids, Michigan, representing Walgreens. I just wanted to add that the offering of alcohol at the Walgreens store at this locafion is a limited offering. It is less than one percent of the floor space. It will be half a cooler and 12 feet of shelf space. It would only be packaged alcohol, no single serve, no hard liquor, nothing outside of responsible pickup and carry alcohol. Its really designed as a convenience to the customers of Walgreens and not to turn Walgreens into a liquor store. We are responding to the demands of the market Mr. Taylor: That's encouraging to hear. Mr. Jones: As far as I know, that is not the case. I do have a statement from Walgreens if you would like. I have copies that they've put out in regards to the selling of beer and wine at these stores, if you'd like a copy. Mr. Taylor: Thankyou. Mr. Morrow: You might leave a copy with the staff for their records. Any other questions of the Commissioners? Ms. Vartoogian: Thank you, Mr. Chair. I have a question. Was the departmental correspondence from the Inspection Department regarding the vermin, has that been taken care of? October 20, 2009 25122 and to our customers to offer this, and with that, I will take any questions you have about Walgreens. Mr. Morrow: Thank you, Mr. Jones. Ms. Smiley: What kind of training do you have to check ID's for your clients? Mr. Jones: We have a very robust policy about compliance since we already do serve or sell pharmaceuticals. We are very, very familiar with regulatory compliance at this time. All of our employees will have to go through alcohol selling training and our systems will require that everyone who is selling alcohol sign, every day, a sheet saying that they will comply with the alcohol policy. Our cash registers will automatically be locked after hours or whenever alcohol cannot be sold. Ms. Smiley: Thankyou, Mr. Chair. Mr. Taylor: Sir, are there any Walgreens that have SDD licenses? Mr. Jones: You mean in Michigan only? Mr. Taylor: Yes. Mr. Jones: As far as I know, there are none. I cannot swear to that, but I can find out and get back to you. As far as I know, all the Walgreens in the State of Michigan have applied for SDM's. Mr. Taylor: I just wondered if this was a first step after an SDM, to go to an SDD. Mr. Jones: No. Mr. Taylor: That's encouraging to hear. Mr. Jones: As far as I know, that is not the case. I do have a statement from Walgreens if you would like. I have copies that they've put out in regards to the selling of beer and wine at these stores, if you'd like a copy. Mr. Taylor: Thankyou. Mr. Morrow: You might leave a copy with the staff for their records. Any other questions of the Commissioners? Ms. Vartoogian: Thank you, Mr. Chair. I have a question. Was the departmental correspondence from the Inspection Department regarding the vermin, has that been taken care of? October 20, 2009 25123 Mr. Jones: We have hired Orkin, who has been out every day to monitor the site, set traps. We've taken pictures of both the surrounding venues where trash is out and things like that. We have a very sanitary outside, or surrounding environment to our stores, which is also inviting to the vermin, but they are not subsisting off of Walgreens stores. There is a bread store; there is a noodle store; there are a lot of stores. We look pictures where they are living and where they are getting their food from, but we have taken aggressive steps with Orkin to get rid of all the vermin that are surrounding the store. Ms. Vartoogian: Has it been determined why they are attracted to that site? Mr. Jones: Has it been determined why they're attracted to that site? Its partially because they have no place to go since, I believe, Wonderland was expanded or built. That really scattered a lot of the mice to the surrounding parts. So it's not just us. It's really the surrounding parts that are having problems loo. And again, we're inviting because we keep a nice exterior to our property. Its a comfortable place for such ... Mr. Morrow: Its tough to talk about, I know. Mr. Jones: Right. It's really a comfortable place for them to find a warm bed, but like I said, they're not getting their food from us. We're not giving them things they need to live. We're just trying to keep them from living there. Mr. Taylor: I know this guy's name is the Piped Piper, and I don't ... Mr. Morrow: Anyway, you're aware of it and you're aggressively doing the best you can. Mr. Jones: We have invoices and things if you want to see those. Mr. Morrow: No. We have no reason to doubt that. The Inspection Department will continue to monitor it. Mr. Jones: We have been in contact with the Inspection Department and will continue to be in contact with the Inspection Department, and we will try to do whatever they ask of us to get rid of this because we understand it is a problem for not only us, but for the City as well. Mr. Morrow: Mr. Jones, if you would just wait a moment. I want to see if there is anybody in the audience wishing to speak for or against the granting of this petition? I see someone coming forward. He just came down to exchange words with you? October 20, 2009 25124 Mr. Jones: He is a District Manager of Walgreens and he wanted me to let you know that there are about 12 stores in the State of Michigan right now that have received SDM's and are operating under an SDM license, but not an SDD. Mr. Morrow: Okay. Thank you very much. Seeing no one coming forward, I'm going to close the public hearing and ask the Commission for a motion. On a motion by Taylor, seconded by Scheel, and unanimously adopted, it was #10-61-2009 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 20, 2009, on Petition 2009-08-02-11 submitted by Walgreen Company requesting waiver use approval to utilize an SDM license (sale of packaged beer and wine) in connection with a retail facility at 29370 Plymouth Road, located on the northeast corner of Plymouth Road and Middlebell Road in the Southwest 1/4 of Section 25, which properly is zoned G2, the Planning Commission does hereby recommend to the City Council that Petition 2009-08-02-11 be approved subject to the following condition: 1. That the issue noted in the correspondence dated September 30, 2009, from the Inspection Department shall be rectified to that department's satisfaction. Subject to the preceding condition, this petition is approved for the following reasons: 1. That the proposed use 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 use; 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area; and 4. That the use of an SDM license will complement the existing use of the subject property and will provide an additional service to customers. October 20, 2009 25125 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 carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #2 PETMON 2008-08-02-12 WALGREEN COMPANY 8850 NEWBURGH ROAD Ms. Smiley, Secretary, announced the next item on the agenda, Pefifion 2009- 08-02-12 submitted by Walgreen Company requesfing waiver use approval to utilize an SDM license (sale of packaged beer and wine) in connection with a retail facility at 8850 Newburgh Road, located on the northeast corner of Joy Road and Newburgh Road in the Southwest 1/4 of Section 32. 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. Nowak: There are three items of correspondence. The first item is from the Engineering Division, dated September 18, 2009, which reads as follows: 9n accordance with your request, the Engineering Division has reviewed the above -referenced petition. The legal description submitted is correct. We have no issues with the proposal at this time. The address according to our records is 8850 Newburgh Road." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Division of Police, dated September 14, 2009, which reads as follows: "We have reviewed the plans in connection with Walgreens — SDM License, located at 8850 Newburgh (northeast comer of Newburgh and Joy Roads). We have no objections or recommendations to the plans as submitted." The letter is signed by Donald E. Borieo, Sergeant, Special Services Bureau. The third letter is from the Inspection Department, dated October 6, 2009, which reads as follows: "Pursuant to your request of September 2, 2009, the above - referenced petition has been reviewed. The following is noted. This existing drug store is located closer than 400 feet to a school and within 500 feet of an existing SDM licensed establishment. Therefore, a waiver of each item would be required. This Department has no further objections to this October 20, 2009 25126 petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Morrow: Thank you, Mr. Nowak. Are there any questions for the staff? Seeing none, Mr. Jones, I'm assuming you will be representing your client here today. Marcus Ray Jones, Esq., Warner Norcross & Judd, L.L.P., Fifth Third Building, 111 Lyon Street N.W., Suite 900, Grand Rapids, Michigan 49503. Yes. Mr. Morrow: We already have your name and address. Is there anything you would like to add what you heard from Mr. Taormina? Mr. Jones: I would just like to reiterate what I said before about the offering of alcohol at the stores. That applies for all the stores on the agenda today. It's a limited amount of a special type, no single serves, etc. I would lake any questions about the proximity to the school. If I could, I would like to have the District Manager talk to you about the precautions they lake with the servings of alcohol in this situation where they are so close to a school and things like that. Mr. Morrow: Certainly. We'll make that part of the record Dave Long, District Manager for Michigan South Central, which are the two stores in question that we were talking about just previously. Mr. Morrow: We need your address. Mr. Long: The address would be in Monroe, Michigan. If you had questions about the training, this is probably the biggest question as to what our employees go through. We have what are called the People Plus Learning Modules. Every employee has to take a len minutes training course initially that tells them exactly how to handle the sale of any type of beer and wine. And then on lop of that, like he talked about earlier, every day that they come to work, they have to sign a waiver that says that they will abide by the laws of the sale of alcohol. So everyday @'s first and foremost in their mind. The registers have all the prompts that they have to ID, put in the birthday, so there's no chance of anything being sold to anyone underage. We really try to put everything in place to stop the sale of any type of illegal activity. Mr. Morrow: Are there any questions of this gentleman or Mr. Jones? October 20, 2009 25127 Mr. Taylor: I'm sure that you're doing everything that you can do to alleviate or to try to keep teenagers from buying alcohol. Unfortunately, teenagers are the most innovative people in the world. I just have a problem. One of the reasons that Livonia put in place Section 10.03 was just for this reason, to not put any temptation close enough to a high school or a school that would cause some problems with, one way or another, somebody getting hold of beer and wine. For that reason, I think Livonia has pretty much supported their ordinance in what they've done. There is also across the street, 430 feel away, there is another store with beer and wine. So I just have a hard problem with trying to support, and I know why Walgreens would like to do it. I mean the business situation at this time, you would like to be able to afford everybody whatever they need when they come shopping. But at this particular location, and I have no problem with the other ones, I have a problem with giving you that license. Thank you. Ms. Scheel: I would just like to reiterate what Commissioner Taylor said that at the previous location, I did not have a problem with it. At this location, I have a problem with being able to purchase the beer and wine there. Thankyou. Mr. Morrow: Do you have any comment? Mr. Jones: If I could ask committee members Taylor and Scheel, is the issue that there is already a store selling alcohol, or is the issue that you wouldn't like to see another store to sell alcohol in that vicinity? Mr. Taylor: It falls outside of our ordinance. Mr. Morrow: Basically what it is ... Mr. Taylor: Its more than 400 feel away. Mr. Morrow: One portion of the ordinance is relative to the school . . Mr. Jones: Oh. It is more than 400 feel away. Okay. Mr. Morrow: Its 500 feel for the other store that is retailing packaged goods. Mr. Jones: Right, but 400 for the school. Mr. Morrow: The ordinance indicates you have to be at least 500 feet away building to building. As it relates to the school, we have a 400 fool separation on it. One is just in the interest of not having loo many businesses close to each other selling the same product. October 20, 2009 25128 The other reason was primarily a lot of the reasons Mr. Taylor observed, was to try to keep within reason away from some type of high school or school. Mr. Jones: Then I would just like to reiterate that Walgreens, again, is only selling a limited amount and they are, if not the foremost, one of the foremost providers of goods at a convenience store in America. Their reputation for abiding by all laws, rules and regulations is impeccable. Studies have shown that buying from drug stores, or offering beer and wine at drug stores, is one of the safest ways for cities to allow the sale of beer and wine. We have dealt with extensive policies on loss prevention to prevent the theft of beer and wine and will implement those and prosecute anyone who has attempted or will attempt to lake anything from our stores to the full extent of the law. You can never say never, but we will do everything in our power to prevent alcohol getting into the hands of minors. We can't prevent them from laking from other stores, but for us, it's high on our list and, right now, we take it very seriously without the selling of beer and wine, and will take it much more seriously if allowed to sell beer and wine. Mr. Morrow: Mr. Jones, as you heard from Commissioners Taylor and Scheel, this is not an objection to how you do business. One of the responsibilities of this Commission is to uphold the ordinances as we're looking at here tonight. It lakes something very special for us as a Commission to waive that ordinance requirement that we wrote. That is what you're hearing here tonight, the objections you've heard so far. It's nothing against Walgreens. Its just as it relates to our ordinances. Mr. Jones: I totally understand. If I could just relieve any fears that you had about that, that was my only intention. I fully respect the ordinance. Mr. Taylor: Sir, this board does not give out licenses, obviously, as you know. And as you know, the City Council does not give out licenses. All we are is a recommending body to the City Council. The City Council recommends to the Liquor Control Commission. That's all we do about it. What we're doing is like the Chairman says, we're trying to uphold our ordinance the best that we can. Mr. Jones: Absolutely. Mr. Morrow: If there are no further questions of the gentleman, I'm again going to go to the audience and see if there's anybody that would like to speak for or against the granting of this petition? October 20, 2009 25129 H. Pulman Rafferty, 16970 Farmington Road, Livonia, Michigan 48154. I'm an 18 year resident of Livonia. I'm the Past President of Bell Creek Square Condominiums behind Walgreens. I find in my mind, not even knowing what the ordinance was, I felt that it was redundant to have beer and wine sales at that Walgreens because there are beer and wine sales at Five Mile and Farmington and there are beer and wine sales at Seven Mile and Farmington. That's just about what I had to offer. Mr. Morrow: Thank you, Mr. Rafferty. Any questions of Mr. Rafferty? Seeing none, thank you. Does anyone else care to speak for or against the grenfing of this petition? Seeing no one else coming forward, I'm going to close the public hearing, and ask the Commission for a motion. On a motion by Scheel, seconded by Taylor, and unanimously adopted, it was #10-62-2009 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 20, 2009, on Petition 2009-08-02-12 submitted by Walgreen Company requesting waiver use approval to utilize an SDM license (sale of packaged beer and wine) in connection with a retail facility at 8850 Newburgh Road, located on the northeast corner of Joy Road and Newburgh Road in the Southwest 1/4 of Section 32, which property is zoned C-2, the Planning Commission does hereby recommend to the City Council that Petition 2009-08-02- 12 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 wavier use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; 2. That the proposed use fails to comply with the Zoning Ordinance standard set forth in Section 10.03(8)(1) with respect to the requirement that there be at least a 500 foot separation between SDM licensed establishments; 3. That the proposal fails to comply with the Zoning Ordinance standard set forth in Section 11.03(g)(2) which requires that there be at least a 400 fool separation distance between a proposed SDM licensed establishment and a school; 4. That this area of the City is currently well served with existing SDM licensed establishments; October 20, 2009 25130 5. There is no demonstrated need for additional SDM licensed facilities in this area of the City; and 6. 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. 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: The motion is carried and the foregoing resolution adopted. It will go on to City Council with a denying recommendation. Mr. Jones, you have a denying resolution of this petition. As I said in my opening remarks, you have len days to appeal in writing the decision of this body to the City Council. Thank you. ITEM #3 PETMON 2008-08-02-13 WALGREEN COMPANY 33333 SIX MILE ROAD Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2009- 08-02-13 submitted by Walgreen Company requesting waiver use approval to utilize an SDM license (sale of packaged beer and wine) in connection with a retail facility at 33333 Six Mile Road, located on the southeast corner of Six Mile Road and Farmington Road in the Northwest 1/4 of Section 15. 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. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated September 18, 2009, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced petition. The legal description submitted is correct. We have no issues with the proposal at this time. The address according to our records is 33333 Six Mile Road." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Division of Police, dated September 14, 2009, which reads as follows: "We have reviewed the plans in connection with Walgreens — SDM License, located at 33333 Six Mile Road (southeast comer of Six Mile and Farmington Roads). We have no objections or recommendations to the plans as submitted." The letter is signed by Donald E. Borieo, October 20, 2009 25131 Sergeant, Special Services Bureau. The third letter is from the Inspection Department, dated September 30, 2009, which reads asfollows: "Pursuant to your request of September 3, 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. We also have a letter from a resident who resides in the Bell Creek Square Condominiums, dated October 19, 2009, which reads as follows: "My name is Sue Griggs. I live at 17008 Farmington Road directly behind Walgreens. 1 feel the SDM license is not needed for this location. We have packaged beer and wine available one mile to the north, two miles to the east, two miles to the west and three miles to the south. 1 have no issues with the sale of beer and wine itself, but 1 do not want anymore delivery traffic at this location. The traffic conditions and noise level are already high enough. Thank you." The letter is signed by Sue Griggs. That is the extent of the correspondence. Mr. Morrow: Are there any questions for the staff? Mr. Jones, we're going to wear you out here tonight. Is there anything you'd like to add? Marcus Ray Jones, Esq., Warner Norcross & Judd, L.L.P., Fifth Third Building, 111 Lyon Street N.W., Suite 900, Grand Rapids, Michigan 49503. 1 would just like to address the traffic issue in the resident's letter. Because of the small amount of beer and wine that we're going to offer, we do not expect any appreciable increase in traffic to the site. Again, it's really a convenience for customers that would have gone to Walgreens anyway. I believe that fear can be put to rest. Mr. Morrow: Are there any questions? Ms. Scheel: What about the delivery of the beer and wine to your store? Would that come with a truck that's already delivering something or would that be a different delivery? Mr. Jones: Because it's beer and wine, the distribution comes through beverages companies. Jason is the manager of the store. Mr. Morrow: We will need your name and address. Jason Matthews, 12015 Lucerne, Redford, Michigan. I'm the store manager at the store in question. Deliveries would come separately from other vendors as we don't currently sell any alcoholic beverages of any kind. Also, our delivery schedules, we only allow deliveries between the hours of 800 a.m. and 5:00 p.m. Monday through Friday. So there would be no early deliveries prior to reasonable waking hours, and there would not be October 20, 2009 25132 deliveries late in the night where there could be potential criminal activity or disruption of anybody's sleeping habits outside of any unfortunate people that have to work midnights. Mr. Morrow: Any olherquestons ofthe Commission? Mr. Taylor: Just one statement is all I would make as far as traffic goes. I don't think anybody is going to run into Walgreens to buy beer or wine. I think they're going to be there for some other reason and just for convenience pick it up. I just dont see an increase in traffic. I could be wrong, but I doubt that very much. Thank you. Mr. Morrow: Is there anybody in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, I will close the public hearing and ask for a motion. On a motion by McDermott, seconded by Varloogian, and unanimously adopted, it was #10-63-2009 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 20, 2009, on Petition 2009-08-02-13 submitted by Walgreen Company requesting waiver use approval to utilize an SDM license (sale of packaged beer and wine) in connection with a retail facility at 33333 Six Mile Road, located on the southeast corner of Six Mile Road and Farmington Road in the Northwest 114 of Section 15, which properly is zoned G2, the Planning Commission does hereby recommend to the City Council that Petition 2009-08-02- 13 be approved for the following reasons 1. That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 10.03 and 19.06 of the Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area; and 4. That the use of an SDM license will complement the existing use of the subject property and will provide an additional service to customers. October 20, 2009 25133 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 carded and the foregoing resolution adopted. It will go onto City Council with an approving resolution. ITEM #4 PETITION 2008-08-02-14 WALGREEN COMPANY 33239 EIGHT ROAD Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2009- 08-02-14 submitted by Walgreen Company requesting waiver use approval to utilize an SDM license (sale of packaged beer and wine) in connection with a retail facility at 33239 Eight Mile Road, located on the south side of Eight Mile Road between Farmington Road and Shadyside Road in the Northwest 1/4 of Section 3. 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. Nowak: There are three items of corespondence. The first item is from the Engineering Division, dated September 18, 2009, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced petition. The legal description submitted is correct. We have no issues with the proposal at this time. The address according to our records is 33239 Eight Mile Road." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Division of Police, dated September 14, 2009, which reads as follows: "We have reviewed the plans in connection with Walgreens — SDM License, located at 33239 Eight Mile Road (southeast comer of Eight Mile and Farmington Roads). We have no objection or recommendations to the plans as submitted." The letter is signed by Donald E. Borieo, Sergeant, Special Services Bureau. The third letter is from the Inspection Department, dated September 30, 2009, which reads as follows: "Pursuant to your request of September 2, 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 corespondence. October 20, 2009 25134 Mr. Morrow: Are there any questions for the staff? Mr. Jones, do you have anything you'd like to add to the presentation? Marcus Ray Jones, Esq., Warner Norcross & Judd, L.L.P., Fifth Third Building, 111 Lyon Street N.W., Suite 900, Grand Rapids, Michigan 49503. 1 have nothing to add but would lake any questions you have atthis location. Mr. Morrow: Do we have any questions for Mr. Jones by the Commission? Seeing none, is there anyone in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, I'll close the public hearing and ask for a motion. On a motion by Scheel, seconded by Taylor, and unanimously adopted, it was #10-64-2009 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 20, 2009, on Petition 2009-08-02-14 submitted by Walgreen Company requesting waiver use approval to utilize an SDM license (sale of packaged beer and wine) in connection with a retail facility at 33239 Eight Mile Road, located on the south side of Eight Mile Road between Farmington Road and Shadyside Road in the Northwest 1/4 of Section 3, which property is zoned C-2, the Planning Commission does hereby recommend to the City Council that Petition 2009-08-02-14 be approved for the following reasons: 1. That the proposed use 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 use; 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area; and 4. That the use of an SDM license will complement the existing use of the subject property and will provide an additional service to customers. 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. October 20, 2009 25135 Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. That closes the public hearing. We will now move to the regular items on our agenda. ITEM #5 PETITION 2006-03-08-07 GENERAL PROPERTIES Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 03-08-07 submitted by General Properties Company, L.L.C., on behalf of Sunset View Site Condominiums, which previously received site plan approval by the City Council on April 26, 2006 (CR #186-06) and two (2) one-year extensions on June 18, 2007 (CR #289-07) and September 10, 2008 (CR #398-08), requesting a two-year extension of the Master Deed, bylaws and site plan in connection with a proposal to construct a site condominium development on property located at 30250 Modock Street, on the west side of Sunset Avenue between Eight Mile Road and Fargo Avenue in the Northwest I/ of Section 2. Mr. Taormina: The petitioner for obvious reasons has not initialed construction of this project. It was originally approved in 2006. We've granted two extensions since then. This is a 10 -unit site condominium development located on the west side of Sunset Avenue between Eight Mile Road and Fargo Avenue. What's unique here is that the petitioner is requesting a two-year extension. Typically, we only grant a one-year extension. Thank you. Mr. Morrow: Is there any correspondence, Mr. Nowak? Mr. Nowak: There is no correspondence in connection with this item. Mr. Morrow: Is the petitioner here tonight? Not seeing him come forward, with that, we'll ask for a motion. Mr. Taylor: Just a comment before the motion. This property many years ago could have been developed when the east side of the street was developed, but for one reason or another, the petitioner couldn't gel together with the developer. It kind of lingered on unfortunately. But with that, I'll ask for the approving resolution. On a motion by Taylor, seconded by Vartoogian, and unanimously adopted, it was October 20, 2009 25136 #10-65-2009 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2006-03-08-07 submitted by General Properties Company, L.L.C., on behalf of Sunset View Site Condominiums, which previously received approval by the City Council on April 26, 2006 (Council Resolution #186-06) and a one-year extension on June 18, 2007 (Council Resolution #289-07), requesting a two-year extension of the Master Deed, bylaws and site plan in connection with a proposal to construct a site condominium development on property located at 30250 Modock Street, on the west side of Sunset Avenue between Eight Mile Road and Fargo Avenue in the Northwest 1/ of Section 2, be approved subject to the following conditions: 1. Thal the request for a third extension of Site Plan Approval by General Properties Company, in connection with Sunset View Site Condominiums, in a letter dated Apol 5, 2009, is hereby approved for a one-year period; and 2. That all conditions imposed by Council Resolution #186-06 in connection with Petition 2006-03-08-07, which approved the Master Deed, bylaws and site plan in connection with a proposal to construct a site condominium development, shall remain in effect to the extent that they are not in conflict with the foregoing condition. Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. I assume we will be notifying the petitioner? Mr. Taormina: Yes, we will ITEM #6 APPROVAL OF MINUTES 986th Public Hearings and Regular Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 986th Public Headngs and Regular Meeting held on September 22, 2009. On a motion by Scheel, seconded by Smiley, and unanimously adopted, it was #10-65-2009 RESOLVED, that the Minutes of 986th Public Hearings and Regular Meeting held by the Planning Commission on September 22, 2009, are hereby approved. October 20, 2009 25137 A roll call vole on the foregoing resolution resulted in the following: AYES: Scheel, Smiley, McDermott, Vartoogian, Taylor, Morrow NAYS: None ABSENT: Wilshaw ABSTAIN: None Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 987th Public Hearings and Regular Meeting held on October 20, 2009, was adjourned at 7:45 p.m. CIN PLANNING COMMISSION Carol A. Smiley, Secretary ATTEST: R. Lee Morrow, Chairman