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HomeMy WebLinkAbout08-06-02-22 (Shell SDM) Pet denial letter33000 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 LL A N C A S T E R S F I V E M I L E R O A D E LANCASTER AVENUE NEWBURGAVENUEBLUE SKIES COURT EASTSKIES RICHFIELD AVENUEHUFF AVENUEF I V E M I L E R O A D ROADA V E NU E NEWBURGH ROADN Not to Scale Site Un der Petitio n Pro perties within 30 0 feet 300 ft. R adius Petiti on 2008 -07-02 -22 Shel l Ga s Sta ti on SDM Lice nse 2 , 20 08 City of Liv onia Pla nning Depa rtment Notif icat ion Map 3September Eckles RoadPetition 08-06-02-22 2 0201919 HixFive M ile Road I-96/Schoolcraft Newburgh RoadLyndon Schoolcraft Road St. Edith Church15089 The Village Shopping Center37609-37685 Century Plaza37240-37300 36650-37587 37601 15365-15375 37449 37464 37400 15483 15 3 3 0 15408 15356 15382 3699615329 15355 15407 15381 15405 µPet. 2008-06-02-22Shell Gas Station - SDM License ADDRESS MAPRICHFIELD AVE.NEWBURGH ROADFIVE MILE ROAD Bank GasStation The New Five Village Shopping Center Church Felician SisterProperty Century PlazaShopping CenterFive Newburgh Plaza GasStationDry Cleaning µPet. 2008-06-02-22Shell Gas Station - SDM License ZONING MAPRICHFIELD AVE.NEWBURGH ROADR-2 FIVE MILE ROAD R-1 C-1 RUF C-1C-2 RUF C-1 R-1R-6R-1 C-1R-2R-3 R-2C-2 NEWBURGHFIVEMILERICHFIELDHUFF PARKHURST BLUE SKIESSUSANNANOLASUSANNA PL 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 2008-06-02-22 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. 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 2008-06-02-22Shell Gas Station 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 2008-06-02-22 – 37449 Five Mile – New Five Shell (SDM License) Pursuant to your request of July 8, 2008, the above referenced Petition has been reviewed. The following is noted: 1. This site is currently operating on a temporary certificate of occupancy until the petitioner completes all of the landscape requirements of CR 311-06. 2. 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 2008-06-02-22 NEW FIVE SHELL (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 and the legal description is correct. The address of the site is 37449 Five 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 -02-22_Shell Gas Station_Five Mile & Newburgh_SDM license\08 -06-02-22 (Shell 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 2008-06-02-22 – New Five Shell (SDM License) Dear Mr. Walsh, We have reviewed the plans in connection with New Five Shell (SDM Licens e), located at 37449 5 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 5 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 one -quarter of Section 19. 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 located at the southwest corner of Five Mile Road and Newburgh Road. The subject property is zoned C -1, Local Business. The use of an SDM license is allowed with waiver use approval in the C -1 District under the provisions set forth in Section 10.03(g) of the Zoning Ordinance. The property involved in this request is 0.52 acres in area and is square in shape, measuring 150 feet along Five Mile Road and 150 feet along Newburgh Road. The existing convenience store/gas station building (New Five Shell) is 2,3 14 square feet in size and is situated towards the southwest corner of the site. Fuel dispenser islands are located between the building and the Five Mile Road right-of-way line and also between the building and the Newburgh Road right-of- way line. Pump island canopies extend over both fuel dispenser areas. Access to the site is available by means of four driveways, two off Five Mile Road and two off Newburgh Road. Immediately abutting the subject convenience store/gas station site to the west is a bank. Behind the subject property and the bank is the New Five Village Shopping Center. South of the shopping center is the St. Edith Church and School. Directly to the east, across Newburgh Road, is property owned by the Felician Sisters. On the Felician Sisters property are a number of facilities, including St. Mary Mercy Hospital, Marywood/Marybrook Manor senior housing, Ladywood High School, Senior Clergy Village, Felician Sisters Motherhouse, Angela Hospice and Madonna College. Across Five Mile Road to the north is a series of commercial uses that include a gas station at the corner, a small multi - tenant commercial building on the next parcel to the west, and another multi - tenant commercial building on adjoining property to the north. On the northeast corner of Five Mile Road and Newburgh Road is the Century Plaza Shopping Center, which includes the recently constructed and newly opened CVS Pharmacy store and a separate shopping center building. In connection with recent renovations to the subject New Five Shell gas station, the building was remodeled with the former service bays being converted to convenience store area. Site plan approval to renovate the building was granted in connection with Petition 2006-01-08-01, approved by the City PENDING ITEMS ITEM 5 – Page 2 Petition 2008 -06 -02 -22 Council on June 26, 2006. In the remodeling, the three service bays were eliminated and essentially the entire interior was converted into a convenience store. The floor plan shows that the redesigned interior space contains a customer retail area with shelving, a 14-door refrigeration unit, a beverage counter, a storage backroom, an office and cashier space. As part of the remodeling, the front or north elevation (facing Five Mile Road) received a new facelift. The three overhead doors were removed and placed with large windows. The existing single door entrance was modified so that customers could enter or exit using a two -door system. The plans had not indicated any changes to the rest of the building exterior (east, west and south elevations). The plans did not reference any improvements or modifications to existing pump islands and canopies. The landscape plan approved in connection with Petition 2006-01-08-01 had shown that the existing landscaped areas adjacent to the Five Mile Road and the Newburgh Road rights-of-way lines were to remain unchanged. The plan had specified that new landscaping areas bordered by new curbing would be provided along the south and the west property lines. At the time of a recent staff inspection of the site, the plant materials proposed for the landscape areas adjacent to the south and west property lines as shown on the approved landscape plan had not been installed. The amount of parking provided on the site plan submitted with this request, which is identical to the site plan approved by the City Council in connection with Petition 2006-01-08-01, meets Zoning Ordinance requirements. The net floor area of 1,851 square feet (80% of the gross floor area of 2,314 square feet) @ the 1/150 ratio for a retail store requires 12 parking spaces. The site plan provides a total of twelve (12) parking spaces: Six (6) spaces along the west property line; four (4) spaces along the south property line; one (1) single handicapped space parallel and adjacent to the east side of the building; and one (1) parking space located behind the building. The twelve (12) parking spaces provided on the approved site plan exactly meet the parking requirement. There is currently one active SDM licensed business in the vicinity of the intersection of Five Mile Road and Newburgh Road, Bottles and Stuff, at 15365 Newburgh Road in a multi -tenant commercial building located on the west side of Newburgh Road at a distance of approximately 400 feet north of the subject New Five Shell station. This wo uld violate the provision of Section 10.03(g)(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 b uilding proposed to be licensed to the building in which the existing licensed establishment is located. The recently opened CVS Pharmacy, which is located in the Century Plaza at the northeast PENDING ITEMS ITEM 5 – Page 3 Petition 2008 -06 -02 -22 corner of Five Mile and Newburgh Roads kitty-corner to the subject New Five Shell station, has a pending request (Petition 2008-05-02-16) to utilize an SDM license (for which the Planning Commission has recommended approval). The CVS Pharmacy is approximately 550 feet away from the subject New Five Shell as measured in a northeasterly direction. There are no other active or proposed SDM licensed establishments in the vicinity of the intersection of Five Mile Road and Newburgh Road. Farmer Jack Supermarket and Rite Aid Pharmacy, which both were located in the New Five Village Shopping Center and had utilized SDM licenses, are now closed. However, since the request to utilize an SDM license for the New Five Shell station would violate the 500 foot separation requirement with respect to the license utilized by Bottles and Stuff, an approval of this waiver use petition by New Five Shell 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 10.03(g)(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 measured from the nearest point o n the building proposed to be licensed to the existing church or school building. The St. Edith School located on the west side of Newburgh south of Five Mile Road is approximately 510 feet from the New Five Shell station and the church building is more than 600 feet away. In addition to this request by New Five Shell, a petition has also been filed requesting approval to utilize an SDM license in conjunction with the Mid-Seven BP gas station located at the southwest corner of Seven Mile Road and Middlebelt Road. There currently are no SDM licensed gas stations in the City of Livonia. The granting of waiver use approval for a convenience store/gas station to operate an SDM license would set a precedent and would undoubtedly encourage similar requests fo r 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 the preceding item on the agenda (Item 3), which involves a similar request, 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 contac t 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 PENDING ITEMS ITEM 5 – Page 4 Petition 2008 -06 -02 -22 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 the 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 owners 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. 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 10.03(g)(1) of the Zoning Ordinance requiring a 500 foot separation between SDM licensed establishments in a C -1 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. PENDING ITEMS ITEM 5 – Page 5 Petition 2008 -06 -02 -22 Approving Resolution: To approve the use of an SDM license, provided that the C ity Council waives the 500 foot separation requirement between such licensed establishments as set forth in Section 10.03 (g)(1) of the C -1 District regulations of the Zoning Ordinance, subject to the following conditions: 1. 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; 2. 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 3. That all conditions imposed by Council Resolution #311-06, which granted site plan approval to renovate both the interior and exterior of the gas station located on the subject property under Petition 2006-01-08-01, 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 #5 PETITION 2008-06-02-22 AMANI STATION Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2008- 06-02-22 submitted by Amani Station Investors, Inc. requesting waiver use approval to operate an SDM liquor license at 37449 Five Mi le Road, located on the southwest corner of Five Mile Road and Newburgh Road in the Northeast ¼ of Section 19. UNAPPROVED MINUTES 2 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 and the legal description is correct. The address of the site is 37449 Five 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 New Five Shell (SDM License) located at 37449 Five 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) This site is currently operating on a temporary certificate of occupancy until the petitioner completes all of the landscape requirements of CR 311-06. (2) 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.” The letter is signed by Jerome Hanna, Senior Building Inspector. That is the extent of the correspondence. Mr. Walsh: Thank you. Any questions? Ms. Smiley: Does this need to be removed from the table? Mr. Walsh: This item also needs to be removed from the table. That is correct. On a motion by Smiley, seconded by Morrow, and unanimously adopted, it was #09-85-2008 RESOLVED, that the City Planning Commission does hereby recommend that 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 UNAPPROVED MINUTES 3 in the Northeast ¼ of Section 19, which property is zoned C-2, be removed from the table. Mr. Walsh, Chairman, declared the motion is carried. Mr. Walsh: Thank you, Ms. Smiley, for doing that. A re there any questions for the staff? Seeing none, we will go to the petitioner. Mr. Patrick Howe, Carlin, Edwards, Brown & Howe, P.L.L.C., 2855 Coolidge Highway, Suite 203, Troy, Michigan 48084. Good evening, again. Patrick Howe on behalf of Amani Sta tion Investors. I have with me Shakir Alkhafaji, he is the President of the Corporation. Not belaboring my previous comments, basically, the same applies to this case, different location. They really need this license. It would help their business. And as far as the waiver use standards go, we would submit that they do not infringe upon any of those standards, whether that be dimensional or use, and concerns regarding the fact that the area is saturated with other uses or the community is adequately served, we would submit that we are just adding this as a minor accessory use, not similar to a CVS or another party store, but to service existing gas customers as an additional convenience. With that said, I would turn it over to you or the applicant for any additional questions. Mr. Walsh: Are there any questions for the petitioner? Ms. McDermott: Thank you. Mr. Nowak just mentioned a temporary operating permit or license, Mr. Nowak? Mr. Nowak: They have a temporary certificate of occupancy because they haven’t completed the landscape work. Ms. McDermott: Okay. And do they have a planned time frame as to when they will complete that? Mr. Nowak: I believe that they posted a bond for that, and I believe there is a time in which they have to complete the work, but I’m not sure exactly what it is. Ms. McDermott: Okay. Yasmin Alkhafaji, Amani Station Investors, L.L.C., 2000 Town Center, Suite 2100, Southfield, Michigan 48075. We signed a contract with one person and we paid half down. He has not fi nished his UNAPPROVED MINUTES 4 work. So my lawyer is trying to sue him right now, and we’re trying to find somebody else to do it. Ms. McDermott: Okay. Mr. Alkhafaji: He ran away with the money. That’s what happened. We paid him $3,000 down and we never seen him again. He did some work and left and we tried to get another company to do it. Ms. McDermott: I’m sorry to hear that. Mr. Morrow: Just a matter of curiosity, earlier this month, I noted your station was out of gas for a couple of days. Was there a problem wi th the pumps or anything? Mr. Alkhafaji: No, there was no problem with the pumps. It was short in the terminal. Shell had 21 gas stations in the metropolitan area closed without gas because there was a shortage out of Houston because of the hurricane. They had some electrical problems with their pipes or something like that. Mr. Morrow: So you were a victim of the problems with the hurricane. Mr. Alkhafaji: Correct. Mr. Morrow: Okay. Thank you. Mr. Alkhafaji: Thank you, sir. Mr. Walsh: Are there any additional questions? Seeing none, thank you gentlemen. Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one coming forward, a motion would be in order. On a motion by Scheel, seconded by Smiley, and unanimously adopted, it was #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: UNAPPROVED MINUTES 5 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; 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: Is there any discussion? Mr. Wilshaw: I was going to make this comment on the prior petition, but it’s probably more appropriate to do it now because it covers both really. While I sympathize with gas station owners’ current plights and financial concerns in lieu of rising gas prices and they need to look for alternatives to supplement their business, I do think, in my opinion, part of the intent of the Liquor Control Commission allowing these types of businesses to sell packaged beer and wine is more oriented toward gas stations that are in rural areas where that gas station serves as a general store and convenience store and is likely to be the only one in that entire area, as opposed to a urbanized setting like we have here where we’re looking at gas stations asking to sell packaged beer and wine within 500 feet of other locations. That’s the case in both of these, and for that reason, in part, is the reason I am supporting these denying resolutions. UNAPPROVED MINUTES 6 Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. Gentlemen, for both petitions, you have ten days within which to appeal to the City Council for review. 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 #4 PETITION 2008-06-02-22 AMANI STATION Ms. Smiley, Secretary, announced the next item on the agenda, 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. UNAPPROVED MINUTES 2 Mr. Walsh: Similar to Item #3, we have written correspondence from Counsel for the petitioner requesting that we postpone this item until September 23. On a motion by Morrow, seconded by Wilshaw, and unanimously adopted, it was #08-72-2008 RESOLVED, that the City Planning Commission does hereby recommend that 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, be tabled until the Public Hearings and Regular Meeting of September 23, 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.