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HomeMy WebLinkAbout2017-03-02-05_7-Eleven_Staff ReportPetition 2017-03-02-05 submitted by 7-Eleven, Inc. and Fazal & Khurram Corporation requesting waiver use approval pursuant to Section 11.03(r) of the City of Livonia Zoning Ordinance #543, as amended, to utilize an SDM liquor license (sale of packaged beer and wine) in connection with the operations of a convenience store (7-Eleven) and gas station (Mobil) at 29321 Eight Mile Road, located on the southeast corner of Eight Mile and Middlebelt Roads in the Northwest ¼ of Section 1. April 4, 2017 Study Meeting: This petition seeks waiver use approval for the utilization of a new SDM liquor license (sale of packaged beer and wine products for consumption off the premises) at an existing 7-Eleven convenience store and Mobil gas station located at the southeast corner of Eight Mile and Middlebelt Roads. The site is zoned C-2 (General Business), and measures 1.25 acres in total land area with 231 feet of frontage on Eight Mile Road and 225 feet of frontage along Middlebelt Road. The 7-Eleven convenience store contains a total of approximately 2,200 square feet of gross leasable floor space. SDM liquor licenses require waiver use approval under Section 11.03(r) of the Zoning Ordinance. The special requirements that apply to SDM Liquor Licenses include Section 11.03(r)(1) of the Zoning Ordinance, which specifies that no SDM licensed establishments shall be located within five hundred feet (500’) of any existing SDM licensed establishment, as measured from the nearest point on the building proposed to be licensed to the building in which the existing licensed establishment is located. The proposed convenience store complies with this special waiver use requirement in that no other SDM licensed establishment is located within five hundred feet (500’) of the proposed location. The closest licensed businesses are Cantoro Italian Market (SDM only) and the Beer Baron party store (SDD/SDM), both located on the east side of Middlebelt Road a little more than ½ mile south of the subject property. Another special requirement, Section 11.03(r)(2), specifies that a proposed SDD. or SDM. licensed establishment shall be located at least four hundred (400) feet distant from any church or school building, either public or parochial, as measured from the nearest point on the building proposed to be licensed to the existing church or school building. No church or school building exists within four hundred feet (400’) of the subject gas station/convenience store. The nearest church in Livonia is the Clarenceville Methodist Church located approximately 680 feet to the south. In Farmington Hills, the closest church is located at the northeast corner of Middlebelt and Eight Mile Roads, and is a little over 500 feet from the gas station. The closest school is Clarenceville Middle School, located approximately 1,500 feet south of the subject property. For SDM products there are no requirements restricting public access. The SDM products at this location would be displayed on open shelves and within a refrigeration unit. Until recently, it was more difficult for gas stations to carry SDM or SDD licenses. Last year, the State changed the law in a way that relaxes certain regulations, including the minimum inventory that retailers must maintain (excluding alcoholic liquor and fuel) as well as the separation distance between the point-of-sales for any alcoholic liquor and the point where motor vehicle fuel is dispensed. The result of these changes has opened the door for retail gasoline stations to obtain SDM and SDD licenses. Notwithstanding the statutory amendments governing the issuance of SDM licenses by the MLCC, local control is still available through the City’s zoning regulations, and the burden remains on the Petitioner to demonstrate that the use will follow all the special and general waiver use standards as provided under Section 19.06 of Ordinance No. 543, as amended. At present, Livonia has 30 SDM-licensed businesses, including five (5) which are operated by 7-Eleven convenience stores. In addition, there are 34 SDD-licensed businesses in the City (including 1 in escrow), all of which operate SDM licenses. Thus, currently within the City there are 63 retail establishments authorized by the MLCC to sell packaged beer and wine products to customers for off-premise consumption. To date, no gas stations in Livonia have obtained waiver use approval to sell alcoholic products. Two (2) previous requests for SDM licenses—one located at the New Five Shell at Newburgh and Five Mile Roads and the other located at the Mid-7 BP at Seven Mile and Middlebelt Roads—were both denied by the Planning Commission in 2008 (See attached CPC Resolutions #09-86-2008 and #09-84-2008). April 11, 2017 Public Hearing: Denying Resolution: That the request to utilize an SDM liquor license (sale of packaged beer and wine) in connection with the operations of a convenience store (7-Eleven) and gas station (Mobil) at 29321 Eight Mile Road is hereby denied for the following reasons: That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; That this part of the City is currently well-served with SDM licensed establishments selling packaged alcoholic beverages; That there is no demonstrated need in the area for additional sales of packaged alcoholic beverages such as are permitted by the utilization of an SDM license; 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 That the proposal is contrary to the goals and objectives of the Zoning Ordinance which, among other things, are intended to insure suitability and appropriateness of uses. Approving Resolution: That the request to utilize an SDM liquor license (sale of packaged beer and wine) in connection with the operations of a convenience store (7-Eleven) and gas station (Mobil) at 29321 Eight Mile Road is hereby approved, subject to City Council approval and the following condition: The Petitioner shall not engage in any form of solicitation for business within the public right-of-ways of Eight Mile and Middlebelt Roads Subject to the preceding condition, this petition is approved for the following reasons: That the proposed use of an SDM liquor license at this location complies with all of the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 of the Zoning Ordinance #543; That the subject site has the capacity to accommodate the proposed SDM liquor license; and That the proposed SDM liquor license is compatible to and in harmony with the surrounding uses in the area.