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Hearing examiner recommends rezoning of 5034 Lafayette Road to C‑7 with conditions
Summary
The hearing examiner recommended approval of a petition to rezone 5034 Lafayette Road and 5115 Fran Drive from I‑2/C‑3 to C‑7, subject to a list of prohibited uses, landscaping commitments and a right‑of‑way dedication along Frame Drive. Staff had recommended denial; the case will go to the Metropolitan Development Commission on Aug. 20.
The hearing examiner recommended approval on July 24 of petition 2025ZON065 to rezone 5034 Lafayette Road and 5115 Fran Drive in Pike Township from I‑2 and C‑3 to the C‑7 district, subject to prohibited uses and other commitments and a dedication of right of way along Frame Drive. The matter will be placed on the Metropolitan Development Commission agenda for Aug. 20, 2025.
Tyler Oakes, attorney for the petitioner, told the hearing examiner that the two‑parcel site totals about 3.72 acres and that the owner intends to use the property for a commercial contractor business with outdoor storage on the Fran Drive parcel. “5115 has trees on it currently and it's extremely secluded back on Fran Drive,” Oakes said, adding that the petitioner would preserve a tree buffer along the eastern edge and install landscaping on the Lafayette Road frontage.
Des, a staff member with the Department of Metropolitan Development, told the hearing examiner that staff had recommended denial. “At this time, the staff has recommended denial of this rezone,” Des said, citing concerns about the visual impact of large‑scale outdoor storage, a lack of landscaping and sidewalk connectivity, and the absence of a current site plan. Des also noted that the I‑2 district includes a cap on the percentage of outdoor storage that does not exist under C‑7 and said DPW was requesting an additional right‑of‑way dedication to reach a 50‑foot standard on Frame Drive.
The Pike Township Residents Association (PTRA) submitted a letter the morning of the hearing proposing a list of prohibited uses and a separate page of commitments. Oakes said the petitioner had worked with PTRA and agreed to most landscaping and other commitments in the document but would not accept staff’s requested cap on the percentage of outdoor storage. He also said the petitioner offered to make a payment in lieu of sidewalk installation along Lafayette Road, arguing sidewalks are typically required when a building is constructed, erected, enlarged, extended, reconstructed, relocated or converted to commercial use and none of those actions are proposed now.
The hearing examiner expressed sympathy for both positions and said a payment in lieu of sidewalks was acceptable in this location given the limited frontage on Lafayette Road. The examiner recommended approval “subject to the prohibited uses in the letter from Pike Township Residents Association, dated today, as well as the commitments on the third page, with the addition that right of way will be dedicated along Frame Drive.” The recommendation will be forwarded to the Metropolitan Development Commission on Aug. 20, 2025.
Background details discussed during the hearing: staff stated the property had prior use variances (1972 and 1978) and a 2015 rezone that permitted I‑2; the site includes an approximately 16,000‑square‑foot building on the Lafayette parcel and an undeveloped, heavily treed Fran Drive parcel. Staff and the petitioner discussed a current half‑right‑of‑way of approximately 16.5 feet on Lafayette and a 50‑foot requirement for Frame Drive; the petitioner indicated the existing front‑yard fence would be removed per commitments.
The hearing examiner’s recommendation is advisory to the Metropolitan Development Commission; final approval, denial or modification will be decided at the MDC meeting on Aug. 20, 2025.
