In August, developer Stewart Coleman added a new twist to the Parkside Condominium controversy by announcing that he will build a tavern and restaurant in the Hayes and Hopson building rather than tear it down to make way for the seven-story condo adjacent to Pack Square Park.
At that time, Coleman told Xpress that he was keeping his options open and might return to the condominium idea if he is successful in an ongoing appeal of a lawsuit surrounding public parkland sold to him by Buncombe County.
“Parkside is on hold for the time being, but that doesn’t mean it’s dead,” he said.
But an Aug. 12 letter to Coleman from Planning and Development Assistant Director Shannon Tuch informs Coleman that his successful application for the Pack Tavern project voids the standing level II Parkside project.
“It is the city’s normal practice to to review one application at a time per parcel.” the letter reads. “As a result, your recent Level I project will supplant the former Level II project which will be voided from the City’s permit system and records.”
According to the letter, Coleman will have to withdraw the tavern plan in order to resubmit any application for new construction on the property. The letter goes on to say that such an application will have to conform to any changes in the Unified Development Ordinance resulting from the adoption of any elements of the Downtown Master Plan. Asheville City Council is slated to begin making those changes this fall.
The entire text of the letter is below.
— Brian Postelle, staff writer
August 12, 2009
Mr. Stuart B. Coleman
SB Coleman Construction Co. LLC.
P.O. Box 1636
Asheville, NC 28802
RE: Project Processing
BP# 08-3024 (Parkside Condos) & BP #09-3859 (Restaurant Upfit)
Dear Mr. Coleman,
On August 4, 2009 we received your Level I application for a restaurant upfit of the Hayes & Hopson building (BP#09-3859). As you are aware, your previous Level II project for the Parkside Condominiums was conditionally approved in July 2008 and, as stated in our previous letter dated June 12, 2009, your conditional approval stands as long as the ordinance(s) under which the project was approved remain in effect. While no ordinance changes have occurred to date, it is the City’s normal practice to review one application at a time per parcel. As a result, your recent Level I project will supplant the former Level II project which will be voided from the City’s permit system and records.
Should you wish to keep the Level II conditional approval active, it will require the withdrawal of the current Level I project. Additionally, since the final approval for the Level II project has not been obtained, the conditions of your approval must be satisfied prior to the adoption of the any UDO changes anticipated as part of the implementation of the Downtown Master Plan. These changes are anticipated to be considered in the late fall/early winter of 2009/2010. If keeping the Level II project active is to be your preference, we ask that you notify our office by August 12, 2009 so that we may make the necessary adjustments.
Please feel free to contact me if I can be of any further assistance.
Shannon Tuch, RLA
Assistant Director, Planning and Development
Cc: Project File