By DAVE HAMRICK
Staff Writer

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.