Planning commission approves convenience store at Cottonwood Creek Plaza with strict conditions on tobacco sales

The Cottonwood Heights Planning Commission on April 1 voted to approve a conditional use recommendation for a proposed convenience store at 7825 South Highland Drive (Cottonwood Creek Plaza), subject to multiple conditions intended to ensure the business operates as a neighborhood convenience store rather than a tobacco specialty shop.

Planner Sheldon presented the application and told the commission the applicant, Sammy Benizari, seeks to operate from 9 a.m. to 9 p.m. daily, expects about 50 customers a day, and would hold a general tobacco retailer license issued by the Salt Lake County Health Department. Sheldon told the commission staff had received a late comment and images from a resident that raised concerns because the images appeared "more consistent with what you'd find in a tobacco specialty shop than you would find in a convenience store."

Benizari, who said he owns another nearby smoke shop, told commissioners he plans to stock "daily need" items such as toothpaste, chips and drinks, and that he will "change it whatever the requirement of the city" and "put it the way they say you want." He said he would provide what the neighborhood requests.

During deliberations commissioners pressed for objective, enforceable conditions. They agreed to require a floor plan and an inventory list or general pro forma showing categories of goods, a business plan, unannounced site visits by staff during the conversion and after opening, and a mandatory site inspection by city staff before issuance of a business license. Commissioners also settled on an 80/20 display rule—limiting tobacco to 20% of wall/display space—and a prohibition against marketing the business primarily as a tobacco retailer, noting state separation rules that bar tobacco specialty shops near schools.

Resident David Kazarian urged the commission to consider proximity to schools and said images provided by a neighbor "do not look like any convenience store I've ever been in." Commissioners repeatedly said they would revoke the conditional use permit if the business operated outside the conditions.

A motion to approve CUP 26-005 "pursuant to the conditions outlined in the staff report with the additional 5 items as outlined in discussion" passed on a roll-call vote. The approval is subject to staff verification of compliance with city and state requirements before a business license may be issued.