LEGISLATIVE RESEARCH CENTER
File #: 23-4890    Version:
Type: Resolution Status: Passed
File created: 8/2/2023 In control: Planning
On agenda: 10/16/2023 Final action: 10/16/2023
Title: Vote to approve a legislative request by Manns Chapel II, LLC and Circle K Stores, Inc., to rezone Parcels 2642, 2641, 2562, 2564, 2563, 2542, 2560 from B-1 Business and CU-B1 to CD-NB to redevelop the convenience store site and allow for additional retail and personal services commercial building, located at 11399 US 15-501 N, Baldwin Township.
Indexes: Comp Plan Goal 4: Diversify the tax base and generate more high-quality, in-county jobs to reduce dependence on residential property taxes, create economic opportunity and reduce out-commuting., Comp Plan Goal 7: Provide infrastructure to support desired development and support economic and environmental objectives., Comp Plan Goal 9: Provide equitable access to high-quality education, housing and community options for all.
Attachments: 1. More information from the Planning department website, 2. 23-4890 Staff Presentation, 3. Circle K Public Hearing Presentation FINAL
TITLE
Vote to approve a legislative request by Manns Chapel II, LLC and Circle K Stores, Inc., to rezone Parcels 2642, 2641, 2562, 2564, 2563, 2542, 2560 from B-1 Business and CU-B1 to CD-NB to redevelop the convenience store site and allow for additional retail and personal services commercial building, located at 11399 US 15-501 N, Baldwin Township.

ABSTRACT

Action Requested:
Vote to approve a legislative request by Manns Chapel II, LLC and Circle K Stores, Inc., to rezone Parcels 2642, 2641, 2562, 2564, 2563, 2542, 2560 from B-1 Business and CU-B1 to CD-NB to redevelop the convenience store site and allow for additional retail and personal services commercial building, located at 11399 US 15-501 N, Baldwin Township.

Introduction & Background:
A legislative public hearing was held August 21, 2023. Attorney Nick Robinson and others presented the request.

Current zoning map of the area


Discussion & Analysis:
When determining whether a rezoning request should be approved under Section 5 Conditional Zoning Districts, the following findings must be supported.
1. The alleged error in the Ordinance, if any, would be remedied by the proposed amendment with a detailed explanation of such error in the Ordinance and detailed reasons how the proposed amendment will correct the same. The applicant is not claiming any errors in the Ordinance pertaining to this request.
2. The changed or changing conditions, if any, of the area or in the County generally, which make the proposed amendment reasonably necessary to the promotion of the public health, safety, and general welfare. The original convenience store site was deeded in 1951 and has been used for commercial activity since the 1960s. At that time and until around the early 2000s, US 15-501 N was a two-lane road. As part of the widening project, additional right-of-way was acquired by the NC Department of Transportation which restricted the layout of the gas station (see google earth image below from 2005).
The cond...

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