Developer

Stan Thomas is back to square one after almost

four years of efforts to develop two restaurants

on a 3.18-acre parcel next to Fayette Pavilion.

City

Council Monday voted to revert the property's

zoning back to its original residential category,

saying Thomas had failed to live up to a

condition of the zoning.

The

zoning was contingent upon completion of a road

through the property to provide better traffic

flow from the Pavilion, according to city

officials, by March 16, 1999. "You are

hereby notified that the road in said project is

in default, thus this project's zoning has been

reverted back to the zoning classification of

R-40," said city manager Mike Bryant in a

Nov. 5 letter to Thomas.

Nancy

Walsh, representing Thomas, argued during

Monday's City Council meeting that although

completion of the road was required in a

development agreement with the city, "The

development agreement was not made a condition of

the zoning in 1998."

She

also argued that Thomas would have built the

road, but the city withheld approval of a

building permit.

"If

Mr. Thomas had submitted plans to build the road

12 months or 14 months ago, those plans would

have been approved," Councilman Al

Hovey-King said.

Council

voted unanimously to ratify reversion of the

zoning.

It's

the second time the property has been rezoned for

commercial use, and then reverted.

Council

approved the zoning in 1996 after Thomas

submitted plans for two restaurants on the site,

but attached the same condition and, when the

road wasn't built, reverted the zoning to

residential in 1997.

If

he wishes, Thomas can reapply for commercial

zoning at any time.

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