7 questions answered about the new Circle K

(Courtney Pedroza/DD)
Circle K plans to build a new store and 12 pump gas station on Roosevelt and Seventh streets, but community members opposed to the idea cite issues of crime, big business and curb appeal.(Courtney Pedroza/DD)

The plans for Circle K’s new location on the southeast corner of Roosevelt and Seventh streets include six double-sided pumps, for a total of 12 refueling stations. The new store will be larger than the current location, with the intention of expanding its food service. Circle K is also applying for a new liquor license and an alcohol use permit.

Community members have expressed concerns about the new Circle K’s potential for increased traffic, crime and liquor sales in the area. Some also said that the new Circle K would not be a fitting aesthetic or thematic addition to the neighborhood.

With so many points made on both sides of the debate, the issue can get foggy. So, the Downtown Devil answered seven common questions on the Circle K development:

How early does Circle K have to tell the community about a liquor license?

In order for a business to serve alcohol, it is required to submit an application to the Arizona Department of Liquor Licenses and Control. From there, the request is sent to the city of Phoenix, and a public notice for a pending liquor license application is placed at the property in question, said license services supervisor Denise Archibald. The public notice must be posted for 20 days, to allow the public to comment on the application and raise objections.

The public notice for the pending liquor license for the Circle K at Seventh Street and Roosevelt was published on Sept. 3.

What steps does Circle K have to take to obtain a liquor license?

Circle K is applying for a series 10 license, which would allow them to sell only beer and wine. Any time that a company wants to sell alcohol at a new location, they must apply for a liquor license, regardless of whether they had one before.

Multiple city departments, such as finance, planning and development, and occasionally streets and transportation, will review the application and submit their reports to the city’s License Services Department. From there, License Services will compile the reports with any public comments received during the review period and submit it to the City Council, Archibald said.

The Council can either provide a recommendation for or against the license, or it can provide no recommendation at all, based on the reports from the various city departments. If the Council recommends it, the Arizona Liquor Department usually issues the license after a 15-day protest period.

The 15-day protest period exists to allow anyone to contest the City Council’s decision, Archibald said. If the recommendation is a disapproval, then Circle K would have to hold a hearing in front of the State Liquor Board, which is a separate entity from the State Department of Liquor.

How is a use permit different from a liquor license?
Circle K is required to have a use permit at the new location because it is within 300 feet of a residential area.

During the liquor license process, the city’s Planning and Development Department notes whether a location requires a use permit in its report. However, the city is prohibited from denying a liquor license based on a zoning problem, Archibald said.

Use permits are granted by the city after a use permit hearing and come with stipulations put in place by the zoning adjustment hearing officer.

What is the timetable?
The liquor license is up for a vote at the formal City Council meeting Wednesday at 3 p.m. in the regular chambers, and the use permit hearing is scheduled for Thursday at 1:30 p.m. at City Hall in the First Floor Assembly.

What happened last year?
Last year, Circle K attempted to go forward with similar plans to build on the same lot in question. However, it decided to withdraw its use permit application. As previously mentioned, a use permit can carry certain stipulations that a business must adhere to in order to build on a lot.

The hearing officer for last year’s Circle K application was Michael Widener. He originally granted the use permit with eight stipulations.

Those terms were: removing all Circle K logos and signs from the old building, maintaining 24-hour security and holding security reviews, posting signs prohibiting loitering, sending representatives to Garfield and Evans Churchill neighborhood meetings for three years, no sale of alcohol in single containers of 40 liquid ounces or greater, having lighting and security approved by the police department, and keeping the Seventh Street sidewalk wide enough for bicycles and pedestrians.

Who owns the new lot?
The space that Circle K is planning to develop on is owned by a company called VP 7th & Roosevelt, LLC, Circle K representative David Cisiewski said. According to the Arizona Corporation Commission, VP 7th & Roosevelt is managed by Vintage Capital LLC and represented by Mark Ortman. Vintage works out of offices in Phoenix.

Ortman did not respond to attempts to reach him, and it is currently unknown what specific involvement Vintage has with Circle K. Ortman was on the list of people that Circle K’s previous use permit application was distributed to, along with several community members and Circle K representatives.

What is “right of way abandonment”, and how does it apply here?
Right of way abandonment is the process through which the city relinquishes its hold on certain segments of a property to the business. Its main purpose is to give the property owner a larger usable area.

In this case, Circle K completed it’s abandonment application for the new location last year, and the city kept control of 18 feet of right-of-way for bicycle lanes, according to Suzy Peel, Circle K real estate development manager for Arizona.

Community members have expressed concern about how Circle K will handle pedestrian and bicycle traffic. According to Cisiewski, the new Circle K’s sidewalks will be wide enough for both. The plans include landscape on both sides of the sidewalk: low plants on the roadside, and trees next to the building.

Contact the reporter at travis.arbon@asu.edu