AGENDA #5c
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Annual Report – Special Use Permit Violations
DATE: August 28, 2000
This report provides information regarding Special Use Permit violations over the last year.
On February 9, 1998, the Town Council requested an annual report regarding Special Use Permit violations.
On June 22, 1998, the Town Council adopted a resolution which specified when the annual report would be provided and the level of detail to be included in the report. This memorandum provides the requested report.
We believe there are three broad categories of Special Use Permit violations:
· Violation of time limits;
· Site work occurring without the proper permits; and
· Site work occurring that was not authorized.
We learn about these Special Use Permit violations in several ways:
· Citizens, Council Members advise us; and/or
· Staff discovers the violation.
Corrective procedures often involve two steps. In most cases, we attempt to communicate orally with the property owner or property manager. If the problem is not remedied, we begin a formal notification process. The formal notification process involves written notice to the property owner advising the property owner of the nature of the violation, that the violation must stop, the necessary remedial action, the implication of not ceasing, and the appeal process.
This report provides the Council with information regarding these formal written violation notices over the last year.
Over the past year, we have issued three formal written notices of violation, those being Eastgate Amoco, Top of the Hill, and the Paul J. Rizzo Conference Center at Meadowmont.
Eastgate Amoco: A Special Use Permit is in place for the Amoco Station at Eastgate. In August of 1999, we prepared a formal notice of violation for the property owner regarding the parking of rental trucks outside of authorized areas. Shortly thereafter the violation was corrected.
Top of the Hill: In 1991 the Council approved a Special Use Permit for the Top of the Hill. A condition of the Special Use Permit required that a mast arm for traffic signals and underground conduit be provided. These items were not included in the construction as required. In 1999, we prepared a formal notice of violation. On August 15, we referred the violation to Baddour and Milner, Attorneys for the Town. We understand the firm has contacted the owner and is requesting detailed plans and a time line for completion of this work.
Paul J. Rizzo Conference Center at Meadowmont: In 1996, the Council approved a Special Use Permit for the Paul J. Rizzo Center at Meadowmont. In 1999, installation of a temporary electrical utility line along the asphalt drive leading to the Rizzo Center occurred without proper authorization. Clearing took place in a small area of vegetation that was to have remained undisturbed. The University provided a replanting plan for the corridor and the new plantings are in place.
Three new formal written notices of Special Use Permit violation have occurred over the past year: Eastgate Amoco, Top of the Hill, and the Paul J. Rizzo Conference Center at Meadowmont. We will continue to provide the Council with Special Use Permit violation information annually.