Rezoning Request Continued for 3740 Lafayette Road

(posted Aug 31)

Attorney Robert Frye, representing Fashion Square LP, will have to give notice to affected parties as a condition to continue the rezoning of 3740 Lafayette Road to October 25. Department of Metropolitan Commission Hearing Examiner Judith Hawley-Conley agreed with staff's recommendation to provide notice again since Frye and his client could not make it to the September 23 meeting. The delay is giving Frye a chance to contact neighborhood associations to present his case for a need for a zoning change. Frye said he was willing to listen to affected parties' potential commitments as a condition for zoning support.

Eagledale Neighborhood Association received notice of the rezoning, but ENA President Harry Simpson said it was doubtful if they would voice opposition because the rezoning is to correct some irregularities that have been in existence since 1968-1969. The ENA did not appear or send a letter in opposition for the August 23 meeting that granted the continuance.

Simpson said he received a letter from Frye explaining the issue. Fashion Square LP owns the north building and the strip mall behind it that includes the dry cleaner. The buildings are identified as the north building and south building and they also share the common parking lot.

The north building is zoned C-4 while the strip mall is zoned D-5 residential. According to the attorney's letter, the south building was established legally through variances. His client decided to have the property rezoned to C-4 to avoid the process of seeking a variance every time Fashion Square LP enters into a new lease with a respective retail user. Frye also noted his client was to change the layout of the parking lot to make it more efficient for customers.

The petition is also seeking a variance of development standards to sell alcohol within 20 feet of a protected district as well as have three trash containers without enclosures. If approved, it would also allow the petitioner to have 95 off-street parking spaces instead of 100, plus18 parking spaces encroaching 6 feet into the existing right-of-way of Lafayette Road. The petition is also seeking a use variance to establish a religious use.

Although the ENA apparently is fine with the petition, the Lafayette Square Area Coalition took a different stance at the August 28 meeting.

State Representative Jeb Bardon requested the owner do more than paint the pole signs to improve the retail center.

LSAC President Mary Clark expressed her concern about the retail center's poor condition. She wanted to work with the Fashion Square LP to help bring the area up. "This is one of the worst strip centers," said Clark. She wanted them to improve the facade.

Frye said the owners were working to have a cohesive paint job to spruce up the center, but Frye said he could not commit to more than that because he has not discussed it with his client.

Clark would also like to see some landscaping or at least maintenance of the green space in the in the right-of-way area along Lafayette Road.

Frye thought maintenance right-of-way was the city's function.

Clark also requested commitments of no tattoo parlors or adult businesses to be able to lease spaces.