AGENDA #5i

memorandum

to:Mayor and Town Council

from:W. Calvin Horton, Town Manager

subject:Village Plaza Theaters  - Response to Petition

date:September 12, 2005


This memorandum is in response to a petition presented by Mr. Bob Kruger at the June 27, 2005 Council meeting. Mr. Kruger informed the Council of the difficulties his business and other surrounding businesses are experiencing as a result of the Village Plaza Theater construction site.  Mr. Kruger asked that the Council and staff investigate this situation and address the concerns.

BACKGROUND

January 27, 2003         The Town Council approved a Special Use Permit for the replacement of the Village Plaza Theaters.  The permit authorized the construction of a new movie theater in place of the existing theater and several adjacent retail businesses. 

September 3, 2003      The applicant obtained a Zoning Compliance Permit authorizing demolition of the theater and adjacent retail floor area.

June 30, 2004              The Town Council modified the Special Use Permit, in response to the applicant’s request to remove a stipulation which required an off-site driveway easement.

July 11, 2005               The Theater site was determined to be in violation of the 2003 demolition permit regarding placement of the fence and trailer and in violation of the Town Code for overgrown weeds.

September 1, 2005      Property owner was informed that the theater site violations had been corrected and was in compliance with relevant ordinances.

DISCUSSION

We understand that the property owner no longer plans to construct a movie theater on the site and that the property owner may return to the Town Council sometime in the future with another development proposal.  Future development on this site would require Special Use Permit approval by the Council.

RECOMMENDATION

We recommend that the Council take no action on this matter.