Commissioners approve rezone for Circle K near West Lafayette despite traffic concerns

Tippecanoe County Commissioners on Feb. 3 approved Ordinance 2025-03 to rezone part of a small infill parcel adjacent to the West Lafayette city limits from R-1 (residential) to GB (general business) to allow construction of a Circle K convenience store.

County staff and area residents warned the commission that existing intersection geometry and access restrictions on U.S. 52 could limit safe entry and exit. The ordinance passed on a 2-1 vote.

The county planner described the request as “a small little infill rezone area” on the west side of the community and said the petitioner intends to build a Circle K gas station and convenience store. Staff recommended denial, citing two main reasons: the township’s plan does not recommend expanding commercial zoning at that location, and driveway access would rely on county and state road permits given the parcel’s position next to the West Lafayette city limits and U.S. 52.

Doug, a county highway staff member who reviewed traffic operations, told commissioners the intersection is already tight and that Indiana Department of Transportation (INDOT) and county engineers raised “serious concerns.” Doug said previous, similar projects required either moving a driveway as far north as possible or converting access to right-in/right-out with a median barrier. He said INDOT would likely not permit left turns to or from U.S. 52 at this location and that the driveway would probably be limited to right-in/right-out operation.

Kevin Riley of RTS Law, representing the petitioner, said the project site covers three lots totaling about 1.9 acres but the rezone affects “a little over half of an acre” because part of the site is already zoned GB and part lies in the floodplain. Riley said the petitioner chose the site based on existing traffic flow and that “approximately 59% of their business is derived from pass-by traffic.” He added the petitioner is “willing to work within DOT and the city” to meet access requirements.

Brendan O’Hara, who said he represents Circle K, told the board the company is prepared to coordinate with INDOT, the county and the City of West Lafayette to meet permitting protocols and that the site has an existing full driveway cut on County Road 300; he also clarified the project would not use Harvey Lane.

Neighbors spoke against the rezone during public comment. Brian McCarty, who identified himself as the son of a nearby resident, said traffic already backs up during school pick-up and drop-off and questioned whether tankers and delivery trucks could safely operate there. Another resident, speaking about large trailers and the nearby cemetery, said it was difficult to imagine how large vehicles would safely turn at the intersection.

Commissioners voted on the ordinance after discussion. The roll call recorded two affirmative votes and one negative vote; the board announced the ordinance “passes 2 to 1.”

The petitioner will need to obtain any required county and INDOT driveway permits and comply with any conditions those agencies impose before the project can proceed. County staff indicated additional engineering work and potential roadway modifications (such as a median or roadway widening) could be required as part of permitting.

Ordinance 2025-03 will be filed with county records; the transcript shows the board approved the rezone by a 2-1 vote following the discussion and public comment.