Kinston council approves MLK Boulevard rezoning after questions about future use

The Kinston City Council approved a rezoning request Tuesday for property at 708 Dr. Martin Luther King Jr. Blvd. after council members questioned what could eventually occupy the vacant former convenience store.

The council approved rezoning the property from I-1 industrial to B-1 general business. The request had been tabled from the June 2 meeting.

Planning Director Elizabeth Blount said the property is located at the corner of Dr. Martin Luther King Jr. Boulevard and West Vernon Avenue. She said the rezoning is consistent with the city’s comprehensive land use plan.

“It is in compliance with the comprehensive land use plan,” Blount told council.

According to city documents, the property was formerly used as a convenience store with gasoline sales. That use was considered a legal nonconforming use under the previous I-1 industrial zoning. In 2024, the owner removed two canopies, a utility building and underground tanks from the property. The building remains vacant.

David Edwards, who represented the property owner, apologized for not attending the June 2 meeting and said he had misunderstood when the request would come before council.

“The landowner asked me as a Realtor to help them lease the building, and so that’s what I’m trying to do,” Edwards said. “The I-1 zoning is pretty restrictive as far as it comes to anything retail.”

Edwards said he does not have a tenant lined up.

“I do not have anybody on a waiting list as to wanting to lease it at this point in time,” Edwards said. “I can’t tell you what it’s going to be, just that all options are on the table.”

Councilman Les Lipford said the main concern he had heard from residents was whether the property could become a vape or smoke shop.

“The big question is not being a vape, vape smoke shop,” Lipford said. “That vape is on every corner in our town, and even if we say something about, we’re going to rezone or open something, first thing they say is a vape shop.”

Edwards said he understood the concern and said he did not believe that use would be allowed.

“I’ve gotten quite a few calls on that, there’s no doubt about it, but it cannot be a vape shop,” Edwards said. “I won’t be a party to that.”

Councilman Antonio Hardy raised concerns about safety, parking and the possibility of another convenience store.

“I’ve got an issue with safety. I’ve got an issue with parking, so those are my concerns,” Hardy said.

Hardy said he also had reservations about another small market or convenience store.

“Most of the people that get these buildings, they say it’s going to be a convenience store. Next thing you know, you can’t sell vape out of there, but what else can you sell?” Hardy said.

Edwards said the gas pumps and tanks have been removed and the lot has been repaved. He said the property could accommodate some business uses, though the lot size would limit what could realistically operate there.

“If it was a florist or an insurance office, or any number of uses, I think parking is fine for that size lot,” Edwards said. “Anybody that’s going to use it has to understand they’re restricted by the size of the lot.”

Mayor Pro Tem Felicia Solomon said she was glad the city had put restrictions in place related to vape shops, but said the city also must be careful not to block investment.

“We would like to see something else besides a vape shop. Well, it can’t be a vape shop, but another convenience store, we would like to see something different,” Solomon said.

Solomon said the property’s availability also presents an opportunity for someone to invest in the area.

“We’ve got to be willing to invest in our own communities,” Solomon said. “When individuals take the opportunity to invest, we still cannot discriminate or try to find every reason in the world why you can’t come here or operate here.”

City Attorney James Cauley reminded council that in a standard rezoning, council members must consider all uses allowed under the proposed zoning district, not what an applicant says may or may not go there.

“It really doesn’t matter what the applicant tells you he’s going to use the property for,” Cauley said. “In fact, the law says you’re supposed to disregard what he tells you he’s going to use the property for.”

Cauley said council had to consider the full list of permitted B-1 uses and decide whether the zoning district was appropriate for the property.

Council approved the rezoning, with Hardy opposed.