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HomeMy WebLinkAbout08-06-02-21 (BP SDM) Pet let denied33000 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 R O AD MIDDLE BELT ROADDA RD A NE L L A GRIMM AVENUE BELT ROADN Not to Scale Site Un der Petitio n Pro perties within 30 0 feet 300 ft. R adius Petiti on 2008 -06-02 -21 Mid-S even G asolin e Compa ny 2 , 20 08 City of Liv onia Pla nning Depa rtment Notif icat ion Map 3September 11 SIX MILE ROADMERRIMAN ROADMIDDLEBELT ROADµLOCATION MAP SEVEN MILE ROAD m Pet. 2008-06-02-21BP Gas Station - SDM License Mid-Seven Shopping Center29473-29493 Seven Mile19043 Middlebelt 29205 19150 29211 19005 292012922029401 1905519010 29217 19036thru19038 19046 19050 µPet. 2008-06-02-21BP Gas Station - SDM License ADDRESS MAP DARDANELLA AVE.MIDDLEBELT ROADSEVEN MILE ROAD BostonMarket GasStation Mid-Seven Shopping Center DetroitBagel Burger King Livonia ManorApartments DunkinDonuts CVS Pharmacy FinishlinePowersports Livonia Mall µPet. 2008-06-02-21BP Gas Station - SDM License ZONING MAP DARDANELLA AVE.MIDDLEBELT ROADC-2 SEVEN MILE ROAD C-2 P P C-1 C-2 R-7 C-2 C-2 C-2 P C-1 R-7 C-1 R-2 C-2 P C-2 R-7PPC-2 OS R-6 C-2 RUF R-1 RUF C-1PPL RUF R-1 R-1 SEVEN M IL E MIDDLEBELTCLARITAGRIMM MAPLEWOODPARKVILLEMELVINDARDANELLA A PUBLIC HEARING WILL TAKE PLACE BEFORETHE CITY PLANNING COMMISSION OF THE CITY OF LIVONIAON TUESDAY SEPTEMBER 23, 2008 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 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. 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) 458-6007 NOTICE OF PUBLIC HEARINGCITY OF LIVONIA PLANNING COMMISSION Petition 2008-06-02-21Mid-Seven Gasoline Company SDM License 33000 CIVIC CENTER DRIVE LIVONIA, MICHIGAN 48154-3097 (734) 466 -2580 FAX: (734) 466-2095 INSPECTION DEPARTMENT JACK E. KIRKSEY MAYOR A. ALEXANDER BISHOP DIRECTOR BUILDING HEATING PLUMBING ELECTRICAL ZONING SANITATION ENVIRONMENTAL PROTECTION ORDINANCE ENFORCEMENT Date: August 13, 2008 To: Allen Nowak From: Jerome Hanna RE: Petition 2008-06-02-21 – 29401 Seven Mile – Mid-Seven BP Gasoline Company (SDM License) Pursuant to your request of July 8, 2008, the above referenced Petition has been reviewed. The following is noted: 1. The parking spaces shall be double striped. The required minimum size of each parking space shall be 10’ wide by 20’ deep. 2. Barrier free parking spaces are required to be properly sized, marked and signed. 3. No mention is made of providing free air at this service station. If the Commission and or Council wish this practice to continue, we recommend its inclusion in the resolution as follows: a. That free air shall be provided at all times this station is open for business. b. The free air shall be dispensed at the point of service without having to enter the station or the performance of any extra action in order to obtain the air without charge; 4. The petitioner is located closer than 500 foot from an existing SDM license. A waiver from Council would be required to maintain this deficiency. This Department has no further objections to this Petition. I trust this provides the requested information. Jerome Hanna Sr. Building Inspector JH/kdtm 33000 CIVIC CENTER DRIVE LIVONIA, MICHIGAN 48154-3097 (734) 466 -2571 FAX: (734) 466-2195 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION JACK E. KIRKSEY MAYOR PATRICK A. HOGAN DIRECTOR OF PUBLIC WORKS KEVIN G. RONEY, P.E. CITY ENGINEER July 16, 2008 Mr. Allen Nowak Planner IV City of Livonia Re: Petition 2008-06-02-21 MID -SEVEN BP GASOLINE COMPANY (SDM LICENSE) Dear Mr. Nowak: At your request, the Engineering Division has reviewed the above petition. We have no objection to the proposed petition. There are no additional right-of-way requirements. The legal description is incorrect and should read as follows. The North 200.0 feet of the East ½ of the East ½ of the Northeast ¼ of the Northeast ¼ of the Northeast ¼ of Section 11 except the East 60 feet also except the North 60 feet for Seven Mile Right-of-Way The address of the site is 29401 Seven Mile Road. We trust that this is the information you requested. Please call our office if you have any questions. Sincerely: FOR THE CITY OF LIVONIA _______________________ Robert J. Schron, P.E. Cc: City Clerk, City Engineer Dept. of Law, File DEPARTMENT OF PUBLIC SAFETY DIVISION OF POLICE ROBERT STEVENSON CHIEF OF POLICE 15050 Farmington Road LIVONIA, MICHIGAN 48154-5499 (734) 466 -2470 FAX: (734) 261-2265 P:\2008\Petitions \2 - Waivers \2008-06 -02-21_BP Gas Station_Seven Mile & Middlebelt_SDM license\08-06 -02-21 (BP SDM) Police 7 -10.doc JACK E. KIRKSEY MAYOR July 10, 2008 John Walsh, Chairman Planning Commission 33000 Civic Center Drive Livonia, MI 48154 Re: Petition 2008-06-02-21 – Mid -Seven BP Gasoline Company(SDM License) Dear Mr. Walsh, We have reviewed the plans in connection with Mid -Seven BP Gasoline Company (SDM License), located at 29401 7 Mile. We have no objections or recommendations to the plans as submitted. Yours very truly, FOR THE CHIEF OF POLICE David W. Studt, Sergeant Traffic Bureau cc: file PLANNING COMMISSION STAFF NOTES PENDING ITEMS (REMOVE FROM TABLE) ITEM 4 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 one -quarter of Section 11. Staff Report: This petition requests waiver use approval to utilize an SDM license (which allows the sale of packaged beer and wine for consumption off the premises) in connection with an existing convenience store/gas station on property lo cated at the southwest corner of Seven Mile Road and Middlebelt Road. The subject property is zoned C -2, General Business. The use of an SDM license is allowed with waiver use approval in the C -2 District under the provisions set forth in Section 11.03 (r) of the Zoning Ordinance. The property involved in this request is 0.34 acres in area with 105.22 feet of frontage on Seven Mile Road and 140 feet along Middlebelt Road. The existing convenience store/gas station building (Mid-Seven BP) is 1,932 square feet in size and is situated in the southwesterly corner of the site. The fuel dispenser islands are located between the building and the Middlebelt Road right-of-way line. A pump island canopy covers the fuel dispenser islands and extends over to the building. Access to the site is available by means of three driveways, one off Seven Mile Road and two off Middlebelt Road. Immediately abutting the subject convenience store/gas station site to the south is a Boston Market restaurant. West of the subject property and south of Boston Market is the Mid-Seven Plaza Shopping Center. Further south of the shopping center along Middlebelt Road, there is a Wendy’s Restaurant and a Discount Tire store. Directly to the north across Seven Mile Road is the Livonia Mall (which is proposed to be redeveloped as the Livonia Marketplace). Properties along the east side of Middlebelt Road both north and south of Seven Mile Road in the vicinity of this major intersection are zoned in commercial classifications and include a variety of commercial and office uses. The existing convenience store/gas station building was constructed in 1998, replacing an earlier gas station building that had operated on this corner and which was demolished to make way for the current building. Site Plan approval to redevelop the gas station site was granted in connection with Petition 97-8-8-21, approved by the City Council on November 5, 1997. The floor plan submitted with this request to utilize an SDM license shows the layout of the interior of the entire convenience store/gas station building. The floor plan shows that the interior space contains a customer retail area with PENDING ITEMS ITEM 4 - Page 2 Petition 2008 -06 -02 -21 shelving, a beverage counter, a cashier space, an office, a bathroom, a 9 -door cooler unit and a storage backroom. The amount of parking provided on the site plan submitted, which is identical to the site plan approved by the City Council in connection with Petition 97-8-8-21, meets Zoning Ordinance requirements. Parking for convenience stores/gas stations is based on the amount of interior floor space devoted to customer retail area utilized for the sale and display of convenience store items and merchandise. The net floor area of 1,204 square feet (which corresponds to the gross floor area minus the cashier space, office, refrigeration unit and storage room) @ the 1/150 ratio for a retail store yields a requirement of 8 parking spaces. The site plan provides a total of eight (8) parking spaces: Four (4) spaces along the west boundary of the site (including one (1) handicapped space); and four (4) spaces along the south property line. The eight (8) parking spaces provided on the approved site plan exactly meet the parking requirement. All reqular parking spaces are 10’ x 20’ in size as required. The proposal to utilize an SDM license at the proposed location is in violation of the provisions of Section 11.03(r)(1) of the Zoning Ordinance, which specifies that proposed SDM licensed establishments shall not be located within 500 feet 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. There is an existing SDM licensed business, CVS Pharmacy, at 19120 Middlebelt Road on the northeast corner of Seven Mile Road and Middlebelt Road kitty-corner to the Mid-Seven BP station. The CVS Pharmacy is approximately 390 feet away from the subject BP station as measured in a northeasterly direction. Two other SDM licensed businesses in the vicinity of the Seven Mile Road and Middlebelt Road intersection, although not within 500 feet of the proposed location, consist of Country Style Market (which has been closed for renovations and is planned to reopen) and Cantoro Italian Market, both of which are located on the east side of Middlebelt Road north of Seven Mile Road. Farmer Jack Supermarket which was located at 29751 Seven Mile Road west of the subject property and had utilized an SDM license is now closed. However, since the request to utilize an SDM license for the Mid-Seven BP station would violate the 500 foot separation requirement with respect to the license utilized by the CVS Pharmacy across the street, an approval would have to be subject to the waiving of the separation requirement by the City Council. With respect to other separation requirements pertaining to SDM licensed establishments, as set forth in Section 11.03(r)(2) of the Zoning Ordinance, the proposal is in compliance with the requirement that a business proposed to be licensed shall be located at least 400 feet from any church or school building as PENDING ITEMS ITEM 4 - Page 3 Petition 2008 -06 -02 -21 measured from the nearest point on the building proposed to be licensed to the existing church or school building. In addition to this request by Mid-Seven BP, a petition has also been filed requesting approval to utilize an SDM license in connection with the New Five Shell station located at the southwest corner of Five Mile Road and Newburgh Road. There currently are no SDM licensed gas stations in the City of Livo nia. The granting of waiver use approval for a convenience store/gas station to operate an SDM license for the sale of packaged beer and wine would most certainly tend to encourage similar requests for other gas stations in the City. Public Hearing 8/26/08: Following the prehearing review, the staff was directed to prepare a denying resolution. During the discussion of this item, members of the Planning Commission had questioned whether or not there was any prohibition in City of Livonia ordinances pertaining to the sale of packaged alcoholic beverages in connection with a convenience store/gas station and requested the staff to contact the Law Department relative to the matter. Mike Fisher of the Law Department indicated that he was not aware of any city ordinance that prohibits the use of an SDM license for gas stations. Study Meeting 9/16/08: On 8/26/08, the Planning Commission rescheduled the public hearing on this item to 9/23/08. This was done at the request of the Petitioner’s legal counsel, J. Patrick Howe, who was unable to attend the initial Prehearing Review, held on 8/19/08. To date, no new information has been received in connection with this proposal. Regular Meeting 9/23/08: The owners of Mid-Seven BP and New Five Shell (Items 4 and 5 on the agenda) were both in attendance at the 9/16/08 study meeting as well as their attorney, Patrick Howe. Mr. Howe explained that two of the LCC regulations regarding the use of an SDM license in connection with a gas station are as follows: 1) That the gas station must have at least $250,000 in non-alcoholic inventory; and 2) That there must be at least a 50 foot separation between the gas pumps and the point of sale (cash register) or the display coolers for the SDM products. Mr. Howe stated that t he two subject gas stations would comply with both the inventory value and the 50 foot separation requirements, but that some of the other gas stations in Livonia would not be able to comply with these requirements. In comments to the Commission, the owne rs of the subject gas stations contend that their businesses are failing and that they need SDM licenses to add revenue since the sale of gasoline is unprofitable. Following the discussion, the staff was directed to prepare both approving and denying resolutions. PENDING ITEMS ITEM 4 - Page 4 Petition 2008 -06 -02 -21 Denying Resolution: To deny 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 11.03(r)(1) of the Zoning Ordinance requiring 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 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. Approving Resolution: To approve the use of an SDM license, provided that the City Council waives the 500 foot separation requirement between such licensed establishments as set forth in Section 11.03(r)(1) of the C -2 District regulations of the Zoning Ordinance, subject to the following conditions: 1. That this approval shall incorporate the following stipulations contained in the correspondence dated August 13, 2008 from the Inspection Department: · The parking spaces shall be double striped. The required minimum size of each regular space shall be 10’ wide by 20’ deep. · Barrier free parking spaces shall be properly sized, marked and signed. · That free air shall be provided at all times this station is open for business. The free air shall be dispensed at the point of service without having to enter the station or the performance of any extra action in order to obtain the air without charge. PENDING ITEMS ITEM 4 - Page 5 Petition 2008 -06 -02 -21 2. That only conforming signage is approved with this petition, and any additional signage shall be submitted for review and approval by the Planning Commission and City Council; 3. That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows; and 4. That all conditions imposed by Council Resolution #924-97, which granted site plan approval to construct a gas station/convenience store on the subject property under Petition 97-8-8-21, shall remain in effect to the extent that they are not in conflict with this approval. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies 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 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. UNAPPROVED MINUTES 1 MINUTES OF THE 970th PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA ________________________________________________________________ On Tuesday, September 23, 2008, the City Planning Commission of the City of Livonia held its 970th Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. John Walsh, 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 Ian Wilshaw John Walsh Members absent: None Messrs. Mark Taormina, Planning Director; Al Nowak, Planner IV; and Ms. Marge Watson, Program Supervisor; were also present. Chairman Walsh 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 Commission 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 #4 PETITION 2008-06-02-21 MID -SEVEN GASOLINE Ms. Smiley, Secretary, announced the next item on the age nda, 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 Secti on 11. UNAPPROVED MINUTES 2 On a motion by Morrow, seconded by Wilshaw, and unanimously adopted, it was #09-83-2008 RESOLVED, that the Planning Commission does recommend that 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, be removed from the table. Mr. Walsh, Chairman, declared the motion is carried. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There are three items of correspondence. The first letter is from the Engineering Division, dated July 16, 2008, which reads as follows: “At your request, the Engineering Division has reviewed the above-referenced petition. We have no objection to the proposed petition. There are no additional right-of-way requirements. The legal description is incorrect and should read as follow . The address of the site is 29401 Seven Mile Road.” The letter is signed by Robert J.Schron, P.E., on behalf of the City. The second letter is from the Division of Police, dated July 10, 2008, which reads as follows: “We have reviewed the plans in connection with Mid-Seven MP Gasoline Company (SDM License) located at 29401 Seven Mile. We have no objections or recommendations to the plans as submitted.” The letter is signed by David W. Studt, Sergeant, Traffic Bureau. The third letter is from the Inspection Department, dated August 13, 2008, which reads as follows: "Pursuant to your request of July 8, 2008, the above-referenced petition has been reviewed. The following is noted: (1) The parking spaces shall be double striped. The required minimum size of each parking space shall be 10’ wide by 20’ deep. (2) Barrier free parking spaces are required to be properly sized, marked and signed. (3) No mention is made of providing free air at this service station. If the Commission and or Council wish this practice to continue, we recommend its inclusion in the resolution as follows: (a) That free air shall be provided at all times this station is open for business. (b) The free air shall be dispensed at the point of service without having to enter the station or the performance of any extra action in order to obtain the air without charge; and (4) The petitioner is located closer than 500 feet from an existing UNAPPROVED MINUTES 3 SDM license. A waiver from Council would be required to maintain this deficiency. This Department has no further objections to this petition.” The letter is signed by Jerome Hanna, Senior Building Inspector. That is the extent of the correspondence. Mr. Walsh: Thank you. Are there any que stions for the staff? Seeing none, we will go the petitioner. Mr. Patrick Howe, Carlin, Edwards, Brown & Howe, P.L.L.C., 2855 Coolidge Highway, Suite 203, Troy, Michigan 48084. Good evening. Thank you, Chairman Walsh. My name is Patrick Howe, representing the applicant, Mr. Brian Koza, the president of Mid- Seven Gasoline Company. This item and the next item are an issue of first impression in the city and that’s whether a gas station should have SDM liquor licenses. I want to briefly review the Liquor Commission guidelines pertaining to SDM licenses with gas stations and then also speak to the waiver use requirements that the city has. First of all, not every gas station can have a SDM or SDD liquor license. You have to maintain a minimum inventory adequate for a substantial convenience store of $250,000. Of that $250,000 at least 60 percent has to be convenience store products. You can’t just load up on tobacco and automotive supply oil and different products and say, hey, I qualify. You have to look and feel and really qualify financially as a convenience store. The second requirement that the Liquor Commission imposes is that your gas pumps must be at least 50 feet from the point of sale or from the coolers in which the beverages are stored or the wine racks. The applicant in this case qualifies for both of those, the two - prong test I’d call it. We have not filed an application with the Liquor Commission pending your review of this matter. With regard to the City’s requirements, I would say the only question in regard to this application is whether the use standards are infringed at all. If we look at the nine standards, the location and size, the site layout, the density of the space, the parking, loading, etc., the design of the building and the landscaping, none of this is changing. It’s an existing gas station and we’re simply adding two coolers and a wine rack to add to the business itself. So it really comes down to whether there’s going to be prong C, a detrimental effect on the neighb orhood, whether there’s going to be prong E, a possible nuisance, and prong H, whether this is good planning and whether it furthers the spirit of the ordinance. We would submit that given the minor change in the business operations that none of these prongs are infringed upon. We’re here tonight going up against UNAPPROVED MINUTES 4 all the Liquor Commission guidelines, waiver use guidelines, seeking a waiver from the City Council because we really need this license. Gas prices are soaring. Sales are down itself and sales that they do, they’re really not making much money on gasoline, that’s both this applicant and the one what will follow. We would submit to you that given the minor change in the operation and the fact that it really is a convenience store and it qualifies in the eyes of the Liquor Commission, that you approve the waiver use and also send us on to the City Council for a waiver of the 500 foot requirement. We also fall within the guidelines of the 400 foot spacing for the church and school. With that said, I would turn it over to either myself or Mr. Koza to answer any questions you have about this change in use and his operation. Mr. Walsh: Thank you. Are there any questions? Ms. Scheel: Good evening. Could you tell me the hours of the operation? Brian Koza, Mid-Seven Gasoline Company, 3205 Interlaken, W. Bloomfield, Michigan 48232. 5:00 a.m. to 12:00 p.m. midnight. Ms. Scheel: Seven days a week? Mr. Koza: Yes. Ms. Scheel: Okay. And what are the ages of the employees that you have working there? Mr. Koza: From 21 to 40. Ms. Scheel: So they’d be at least 21? Mr. Koza: Yes. Ms. Scheel: Okay. How many employees do you have working at any one time? Mr. Koza: Two to three a shift. Ms. Scheel: Some stations, if you’re paying cash, they ask you to go in ahead of time, to give the cash ahead of time. Do you require that there? Mr. Koza: Yes. UNAPPROVED MINUTES 5 Ms. Scheel: So there’s a lot of things the employees will be watching. Mr. Koza: Yes. Ms. Scheel: Okay. That’s it for now. Mr. Walsh: Are there any additional questions or comments? Mr. Morrow: As a follow-up to Ms. Scheel’s question, should this petition be approved and at City Council, do you anticipate changing the hours of your operation at all? Mr. Koza: No. Mr. Morrow: You would maintain current hours? Mr. Koza: Yes, from 5:00 a.m. to midnight. Mr. Morrow: Okay. Thank you. Mr. Walsh: Are there any additional questions? Seeing none, thank you gentlemen for being here this evening. Mr. Howe: Okay. Thank you. Mr. Koza: Thank you very much. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one coming forward, the public hearing is closed. Unless there are any other questions, a motion would be in order. On a motion by Wilshaw, seconded by Scheel, and unanimously adopted, it was #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 UNAPPROVED MINUTES 6 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 11.03(h)(1) of the Zoning Ordinance requiring 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 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. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. UNAPPROVED MINUTES 1 MINUTES OF THE 968th PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA ________________________________________________________________ On Tuesday, August 26, 2008, the City Planning Commission of the City of Livonia held its 968th Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. John Walsh, 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 Ian Wilshaw John Walsh Members absent: None Messrs. Mark Taormina, Planning Director; Al Nowak, Planner IV; and Ms. Marge Watson, Program Supervisor; were also present. Chairman Walsh 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 Commission 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 #3 PETITION 2008-06-02-21 MID -SEVEN GASOLINE Ms. Smiley, Secretary, announced the next item on the agenda, 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. UNAPPROVED MINUTES 2 Mr. Walsh: We have received correspondence from Counsel for the petitioner and they have requested that this item be tabled. We have to read to a date certain if I’m not mistaken. The date they’ve requested is September 23, so it would be on the September 16 study session. If that is acceptable, we have a motion from Mr. Morrow. On a motion by Morrow, seconded by Wilshaw, and unanimously adopted, it was #08-71-2008 RESOLVED, that the Planning Commission does recommend that 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, be tabled until the Public Hearings and Regular Meeting of September 2 3, 2008. Mr. Walsh, Chairman, declared the motion is carried and the foregoing item will be tabled until the September 23, 2008, Public Hearings and Regular Meeting at the request of the petitioner.