The Beach Company and the Charleston City Council have reached a settlement in the year-long dispute over the Sergeant Jasper redevelopment.
The parties came to an agreement during a special meeting held by the city last night.
According to the agreement, the Charleston Board of Architectural Review (BAR) has agreed to vacate its June 3, 2015 decision to reject The Beach Company’s plan to redevelop the now-vacant Sergeant Jasper building – which The Beach Company owns -- and grant a Certificate of Appropriateness for conceptual approval for the project.
The conceptual approval covers the height, scale, mass and three dimensional aspects of the plan, and the overall quality and exterior architectural character of the plan.
“The judge’s ruling is set aside, meaning that the Board of Architectural Review is protected from further court challenge and can get back to doing its work – protecting our city and neighborhoods from unattractive and inappropriate development,” the city stated in a press release.
Judge J.C. Nicholson ruled on April 20 that the BAR overstepped its authority in denying the developer’s application to redevelop the apartment building.
Nicholson’s ruling came after the city and the real estate company reached an impasse in court-ordered mediation.
The city appealed the decision and asked Nicholson to delay the effective date of his ruling until he could consider the city’s motion to reconsider.
“Citizens can expect the old Sgt. Jasper – unattractive and unloved for more than half a century – to come down and be replaced by a dramatically more attractive building – a building that the judge in this case has already given the developer approval to build,” the city noted.
According to the agreement, The Beach Company will have to go back to the BAR for two additional approvals. The plan also has to be approved by the Technical Review Committee (TRC), and will be given priority status and placed on the agenda of the TRC meeting that will occur 10 days after the plan is submitted.
The city also agrees to give the plan priority review status and must provide comments to The Beach Company within 20 business days of the plan’s submission. The city is also required to provide comments to submission responses within 15 business days.
“In addition to protecting the BAR from further court challenge, this settlement requires The Beach Company to bring its plans back to the BAR for two more rounds of approvals – provisional and final – before the building can be built,” the city stated.
Should either party have any concerns about actions or inaction by the other party regarding the approvals, construction or development of the plan, the concerned party may apply to Nicholson for relief, the agreement states.
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