Area Plan Commission approves rezoning for proposed Circle K at Klondike and U.S. 52 amid access and neighborhood concerns

The Area Plan Commission on Jan. 15 recommended approval of Z2961, a petition by Max Convenience Stores LLC to rezone two R1 lots at Klondike Road and U.S. 52 to GB to enable a Circle K convenience store and fuel station, and approved a set of commitments attached to the rezoning. The commission approved the commitments unanimously and then voted 11–4 in favor of recommending the rezone to Tippecanoe County Commissioners.

APC staff, Amanda Esposito, recommended denial. Esposito said the adopted comprehensive plan (about a year old) recommends an AW (agricultural wooded) future land-use designation because of floodplain proximity, and staff expressed concerns that INDOT would be unlikely to grant driveway access on U.S. 52 given the signal at Klondike; staff therefore recommended denial of the R1-to-GB request.

Kevin Riley, attorney with RTS Law for the petitioner, said the fuel pumps and store would largely sit on land already zoned GB and that only a portion of a fuel canopy would overhang the R1 lot being rezoned. Riley described Circle K business as largely “pass-by” traffic and said petitioner had discussed commitments with the city. Bridal O'Hara, representing Circle K, said the petitioner could redesign to fit only on the already zoned parcel if INDOT denied access on U.S. 52.

Neighbors raised traffic, lighting, noise, stormwater and safety concerns. Diane Deanhart, a nearby resident, said, “my biggest concern is the entrance into the gas station… their lights and stuff will shine onto my property,” and asked about retention-pond impacts and a privacy fence. Doug Dunwoody, representing neighbor Joan Oakes, cited prior crashes near the Taft Road/52 intersection and said additional traffic and turning movements would worsen safety at that corner.

Petitioners offered mitigation: a lighting design example intended to provide “0.0 light infiltration at the property line,” a drainage/retention plan, and a willingness to provide a security/privacy fence. The petitioner also agreed on the record to return promptly to file matching commitments on the adjacent GB tract so the same prohibited uses would apply there. Commission members moved and approved a restriction that the rezone approved tonight would not take effect unless and until the petitioner files the same commitments for the adjacent GB parcel; the petitioner confirmed intent to file the GB-to-GB petition and commitments and indicated it could be submitted by the end of that week.

The commission approved the commitments unanimously on a first ballot and then approved the rezone recommendation 11–4. The recommendation will be forwarded to the Tippecanoe County Commissioners for consideration at their Feb. 3, 2025 meeting at 10 a.m.