|
DRAFT (contact the town clerk at 919-469-4011 for official minutes)
Cary Town Council Minutes
Click on the links herein to view staff reports. All Exhibits referenced herein are maintained in the town clerk's office with the official minutes. Present: Mayor Ernie McAlister, Mayor Pro Tem Jack Smith, Council Members Marla Dorrel, Ervin Portman, Jennifer Robinson, Julie Robison and Nels Roseland A. COMMENCEMENT
1. Call to Order
Mayor McAlister called the meeting to order at 6:30 p.m.
_________________________
2. Ceremonial Opening
Mayor Pro Tem Smith provided the ceremonial opening.
_________________________
3. Comments by Mayor McAlister, Council Member Dorrel and Council Member Roseland.
Ms. Dorrel, Mr. Roseland and Mayor McAlister provided comments about their service to the Town. Mayor Pro Tem Smith presented them with the following proclamations on behalf of the council. IN APPRECIATION OF COUNCIL MEMBER MARLA DORREL WHEREAS, Marla Dorrel was elected to the Cary Town Council as its District D Representative in 1999. WHEREAS, as a community volunteer and advocate, Marla brought to the council a renewed energy for focusing on and enhancing the quality of life for Cary citizens. WHEREAS, over the past eight years, Marla’s council colleagues – Jack Smith, Mike Joyce, Erv Portman, Jennifer Robinson, Julie Robison, Nels Roseland, Glen Lang, Jess Ward and Harold Weinbrecht – have had the privilege of working with her for the betterment of the community. When reminiscing over the past eight years, Marla’s council colleagues note that they appreciate her selfless service to the citizens of Cary, her independent perspective, her devotion to the Town’s citizen volunteer boards and commissions and the work she has done with the teen council. Additionally, the council appreciates that Marla championed several parks, recreation and cultural resources endeavors, including Kids Together Park, Bartley Park, the aquatics facility and the dog park, in order to bring the community together and improve quality of life for Cary citizens. Everyone agrees that Marla is a dedicated public servant. NOW, THEREFORE, I, Jack Smith, Mayor Pro Tem of the Town of Cary, North Carolina, and also on behalf of Erv Portman, Jennifer Robinson and Julie Robison, do hereby express appreciation to Council Member Dorrel for her service and numerous contributions to the Town of Cary. Furthermore, your council colleagues greatly respect you for a job well done on the Cary Town Council. PROCLAIMED this 13th day of December, 2007. IN APPRECIATION OF COUNCIL MEMBER NELS ROSELAND WHEREAS, Nels Roseland was elected to the Cary Town Council as its District B Representative in 1999. WHEREAS, with a Masters Degree in Public Administration and a Bachelor’s Degree in Political Science and Business Administration and in conjunction with his state government working experience, Nels brought to the council an understanding of the complexities of local government. WHEREAS, over the past eight years, Nels’ council colleagues – Jack Smith, Mike Joyce, Erv Portman, Jennifer Robinson, Julie Robison, Marla Dorrel, Glen Lang, Jess Ward and Harold Weinbrecht – have had the privilege of working with him for the betterment of the community. When reminiscing over the past eight years, Nels’ council colleagues note that they appreciate his environmental initiatives that resulted in Cary’s open space program, which will protect water quality and preserve land in sensitive areas and will have a lasting impact on quality of life for current and future Cary residents. Nels has worked hard for his District B constituents, and has always been the council’s voice for public safety issues. Council also appreciates the occasions when Nels’ witty sense of humor lightened the mood and put the decision at hand into a better perspective. NOW, THEREFORE, I, Jack Smith, Mayor Pro Tem of the Town of Cary, North Carolina, and also on behalf of Erv Portman, Jennifer Robinson and Julie Robison, do hereby express appreciation to Council Member Roseland for his service and numerous contributions to the Town of Cary. Furthermore, your council colleagues greatly respect you for a job well done on the Cary Town Council. PROCLAIMED this 13th day of December, 2007. IN APPRECIATION OF MAYOR ERNEST F. McALISTER WHEREAS, Ernest F. McAlister – known as Ernie to his council colleagues – was elected Mayor of Cary in 2003. WHEREAS, as a retired banker, Ernie brought to the mayor’s position a wealth of knowledge about the business community and a keen understanding that economic vitality is critical to the future success of a community. Ernie also rallied to prioritize spending to protect citizens from the burden of increased taxes. WHEREAS, over the past four years, Ernie’s council colleagues – Jack Smith, Marla Dorrel, Mike Joyce, Erv Portman, Jennifer Robinson, Julie Robison and Nels Roseland – have had the privilege of working with him for the betterment of the community. When reminiscing over the past four years, Ernie’s council colleagues note that they appreciate his leadership in regional cooperation, including the Western Wake Regional Wastewater Facility Partnership, the I-540 extension, and building relationships with boundary communities. Additionally, the council appreciates how Ernie has played an important role in Cary becoming a major sports venue. Everyone wholeheartedly agrees that Ernie has a special way of representing the Town with great pride and professionalism, always with poise and a contagious smile. NOW, THEREFORE, I, Jack Smith, Mayor Pro Tem of the Town of Cary, North Carolina, and also on behalf of Erv Portman, Jennifer Robinson and Julie Robison, do hereby express appreciation to Mayor McAlister for his service and numerous contributions to the Town of Cary. Furthermore, your council colleagues greatly respect you for a job well done as Mayor of the Town of Cary. PROCLAIMED this 13th day of December, 2007. (Proclamations 07-082, 07-083 and 07-084 are also on file in the town clerk’s office.)
_________________________
B. OATHS OF OFFICE
1. Administration of oath of office to Harold Weinbrecht (Mayor).
Secretary of State Elaine Marshall administered the oath of office to Mayor Harold Weinbrecht.
(The oath is attached to and incorporated in these minutes as Exhibit.)
_________________________
2. Administration of oath of office to Ervin Portman (Council Member, At-Large).
Secretary of State Elaine Marshall administered the oath of office to At-Large Council Member Ervin Portman.
(The oath is attached to and incorporated in these minutes as Exhibit.)
_________________________
3. Administration of oath of office to Gale Adcock (Council Member, District D). (Provided by The Honorable Robin Hudson, NC Supreme Court)
Justice Robin Hudson administered the oath of office to District D Council Member Gale Adcock.
(The oath is attached to and incorporated in these minutes as Exhibit.)
_________________________
4. Administration of oath of office to Don Frantz (Council Member, District B). (Provided by Sue Rowland, Town Clerk)
Town Clerk Sue Rowland administered the oath of office to District B Council Member Don Frantz.
(The oath is attached to and incorporated in these minutes as Exhibit.)
_________________________
Mayor Weinbrecht called a 10-minute recess.
_________________________
C. RECOMMENCEMENT AND INVOCATION
New Council Present; Mayor Harold Weinbrecht, Council Members Gale Adcock, Don Frantz, Ervin Portman, Jennifer Robinson, Julie Robison and Jack Smith
Following the recess, Mayor Weinbrecht reconvened the meeting and provided an invocation.
_________________________
D. ADOPTION OF AGENDA
Mayor Weinbrecht announced that the valid protest petition has been withdrawn on 07-REZ-17, Koppers Road Development, so it may be moved to the consent agenda.
ACTION: Mr. Frantz moved to adopt the agenda, including moving 07-REZ-17, Koppers Road Development, to the consent agenda. Mrs. Adcock provided the second, and council granted unanimous approval.
_________________________
E. ORGANIZATIONAL MEETING
1. Election of Mayor Pro Tem.
ACTION: Mr. Frantz moved to elect Mr. Portman as Mayor Pro Tem. Mrs. Robinson provided the second.
Mr. Portman declined based on work responsibilities. Mr. Frantz did not withdraw the motion.
ACTION: Vote was called for on the motion. The following council members registered no votes: Mayor Weinbrecht, Mr. Portman, Mrs. Robison and Mrs. Adcock. The following council members registered aye votes: Mr. Smith, Mr. Frantz and Mrs. Robinson. The motion failed for lack of majority vote.
ACTION: Mrs. Adcock moved to elect Mrs. Robison as mayor pro tem. Mr. Portman provided the second. The following council members registered no votes: Mr. Smith, Mr. Frantz and Mrs. Robinson. The following council members registered aye votes: Mayor Weinbrecht, Mr. Portman, Mrs. Robison and Mrs. Adcock. The motion carried by majority vote.
_________________________
2. Appointments to the Operations Committee and the Planning and Development Committee.
Mayor Weinbrecht announced the following appointments.
Operations Committee: Mr. Smith, chair, and Mrs. Robison and Mrs. Adcock, members
Planning and Development Committee: Mr. Portman, chair, and Mrs. Robinson and Mr. Frantz, members
_________________________
3. Appointment of council liaisons to boards/commissions.
Mayor Weinbrecht announced the following appointments.
a. Economic Development Commission (Jennifer Robinson)
b. Information Services Advisory Board (Julie Robison)
c. Parks, Recreation and Cultural Resources Advisory Board (Jennifer Robinson)
d. Planning and Zoning Board (Erv Portman)
e. Public Art Advisory Board (Gale Adcock)
f. Sister Cities Commission (Jack Smith)
g. Town Center Review Commission (Don Frantz)
h. Utility Board of Adjustment (Gale Adcock)
i. Zoning Board of Adjustment (Gale Adcock)
_________________________
4. Appointments of council members (regular and alternate members) to outside organizations.
Mayor Weinbrecht announced the following appointments.
a. Transportation Advisory Committee (Harold Weinbrecht; alternate Julie Robison)
b. Metropolitan Coalition (Harold Weinbrecht; alternate Julie Robison)
c. Wake County Mayors’ Association (Harold Weinbrecht; alternate Julie Robison)
d. Wake County school liaison (Harold Weinbrecht; alternate Erv Portman)
e. Triangle J Council of Governments Board of Delegates (Jennifer Robinson; alternate Gale Adcock)
f. Triangle J Council of Governments Center of the Region Enterprise (CORE) (Gale Adcock; alternate Erv Portman)
g. Triangle J Council of Governments Water Resources Advisory Committee (Julie Robison; alternate Jennifer Robinson)
h. Triangle J Council of Governments Smart Growth Committee (Erv Portman; alternate Don Frantz)
i. N.C. League of Municipalities liaison (Harold Weinbrecht; alternate Erv Portman)
j. National League of Cities liaison (Julie Robison; alternate Don Frantz)
_________________________
F. CONSENT AGENDA
The council pulled consent agenda item B.3.f., Summerwinds water and sewer extension condemnation resolutions, from the consent agenda for discussion.
ACTION: Mrs. Adcock moved to approve the consent agenda, with the exception of item B.3.f., Summerwinds water and sewer extension condemnation resolutions, which was pulled for discussion. Mrs. Robison provided the second, and council granted unanimous approval.
1. Regular Consent Agenda (any regular consent agenda item pulled for discussion will be discussed at the end of the old/new business portion of the agenda, which is item L on this agenda)
a. Consideration of approval of the minutes of the regular town council meeting held on November 8, 2007.
b. Consideration of adoption of the 2008 calendar year Town of Cary meeting schedule.
c. Consideration of appointment of Don Frantz as the council appointment to the Friends of Page Walker Board of Directors for a three-year term.
d. Consideration of approval of the November tax report.
e. Consideration of adoption of certificates of sufficiency and resolutions calling for public hearing on the following annexations:
(1)
Annexation 07-A-02
(2)
Annexation 07-A-03
(3)
Annexation 07-A-28
(4)
Annexation 07-A-29
2. Land Development Consent Agenda (any land development consent agenda item pulled for discussion will be discussed at the end of the land development discussion portion of the agenda, which is item J on this agenda)
a. Copperleaf Planned Development:
(1)
Annexation 07-A-24
(2)
REZONING 07-REZ-18, Copperleaf Planned Development District (PDD) Amendment
b.
Rezoning
07-REZ-17, Koppers Road Development 3.
Operations Committee, a.
Water System Master Plan
Contract Award (EN08-048)
( b.
Bid Award – Summerwinds
Water and Sewer Extension Projects (EN08-050) c.
Supplemental Agreement –
NCDOT US1/64 Widening Project (EN08-056)
d.
Consideration of Right of
Way Closing (EN08-057) e.
Odor Identification and Abatement Study
(EN08-059)
g.
Board of Trustees Reappointment
(FD08-02) h.
Town Code Ordinance
Amendment (IP08-001) i.
Request for Staff Increase
(IP08-002) j.
Amendments to Schedules
(PD08-010) k.
Crescent Green Property
Donation (PR08-12) l.
Swift Creek Open Space
Donation/Acquisition (PR08-13) m.
Modifications to the Sewer
Use Ordinance (PWUT08-08) n.
Purchase and Installation of
Sister Cities Signs (PWUT08-09) o.
p.
Debris Management Plan (PWUT08-11) q.
Bid Award – Low Entry
Refuse Collection Cab and Chassis (PWUT08-12) r.
Update on Cross Connection
Control Program (PWUT08-13) s.
2007 Comprehensive Annual
Financial Report (FN08-04) t.
Approval of the Program Plan
for Cary Community Arts Center (PR08-11) _________________________
G. RECOGNITIONS, REPORTS, AND PRESENTATIONS
N/A
H. PUBLIC HEARINGS
1. Special Use Permit
07-SU-004, 1st United Methodist Church
The town clerk administered oaths to potential speakers, and these oaths are attached to and incorporated in these minutes as Exhibit.
Mr. Frantz stated he had contact with the applicant on this particular issue about a month ago before he realized it was a special use public hearing. He stated he can make a decision in an unbiased manner based on what will be presented at the hearing. He stated if the council believes there could be potential bias, then he will recuse himself.
Town Attorney Simpson stated the issue is whether Mr. Frantz believes he can make a decision in an unbiased way, and she stated Mr. Frantz may make this determination.
Mr. Frantz stated he believes he can make an unbiased decision based on the facts presented at the hearing.
Mayor Weinbrecht announced the he had an encounter with his neighbor about this issue before he realized it was a special use. He stated he did not receive any pertinent information, and he stated it will not impact his decision in any way.
Mr. Benfield presented the special use and site plan. The powerpoint presentation is attached to and incorporated in these minutes as Exhibit. The site plan is attached to and incorporated in these minutes as Exhibit. He stated if council approves the special use and not the site plan, then the church would still be obligated to submit a site plan to bring the existing parking lot approved and brought up to current Town requirements. He stated the suggested conditions cover this.
Stan Fortier, civil engineer with Mulkey Engineers, stated they helped the church prepare the plan. He stated they reviewed many options to allow the property to develop to suit the parking needs of the church and to meet all Town requirements. He stated they propose three bioretention areas to meet the Town’s stormwater requirements. He stated one of their bioretention areas is basically entirely in the tree save area. He stated in addition to losing parking spaces, they would also have to relocate the bioretention area, which would probably locate it closer to the intersection, which could result in a loss of more parking spaces. He stated they could lose up to 40 parking spaces. He stated the church is looking to expand in the future, and if they design the parking lot to not account for the future building, then the church may have to totally redesign the parking lot in the future. He stated they are attempting to maximize the current situation while planning for the future. He stated their plans show the future building in the exact location of two of the existing trees. He stated the size of the new trees they propose will have a fairly immediate impact, as it will not require five years for them to mature to full size, and this somewhat makes up for the loss of the two trees.
No one spoke in favor or in opposition of the request.
ACTION: Mayor Pro Tem Smith moved to find the undisputed facts (as noted in the staff report in these minutes) and find that the proposed use complies with all the reasons set forth in the motion in the worksheet, and he moved to approve the worksheet with the following two conditions: (1) that the patrons and visitors to the downtown area are permitted to use the parking lot when such use does not conflict with the use of the lot for church activities and (2) a valid site plan is submitted and approved for the existing parking lot and any expansion thereof.
Mr. Frantz clarified that the motion eliminates trees 7 and 8 (as shown on the powerpoint presentation).
ACTION: Mr. Frantz provided the second.
Mrs. Robison asked about longer term parking plans with the future building expansion. Mr. Fortier stated he does not think the church has additional land for another parking lot. He stated the Town is having discussion about downtown parking in general. He thinks a portion of the back part of the church parking lot may also be within the study area for a parking garage. He stated the hope is there will be a parking structure in place around the same time in this proximity to provide for additional parking.
Mrs. Robison asked if staff reviewed the stormater devices on site and the potential for the champion trees to serve in some capacity as facilitating stormwater retention. Mr. Benfield stated trees help diffuse rainfall, which helps with erosion. He stated the two trees are about 40 years old and may have another 20 years of life. He stated expert arborists have stated the main goal is to create as little disturbance as possible, and anything that could be done would create more in-ground saturation and some engineering would have to occur for this to happen. He thinks this would be counter-productive in trying to save the trees.
Mr. Benfield stated the special use is associated with the use itself, so saving the trees is not relevent to the special use consideration, but it is relevent to the site plan.
ACTION: Vote was called for on the motion, and council granted unanimous approval.
The mayor directed the council to the associated site plan:
SITE
PLAN
07-SP-030,
1st United Methodist Church Parking Lot Expansion ACTION: Mr. Smith moved to approve the site plan (07-SP-030, 1st United Methodist Church parking lot expansion). Mrs. Adcock provided the second, and council granted unanimous approval.
_________________________
2. Special
Use Permit 07-SU-008, 2060
Sowter Drive The town clerk administered oaths to potential speakers, and these oaths are attached to and incoporated in these minutes as Exhibit. (NOTE FROM THE CLERK: Oaths for this case also apply to 07-SU-009 – the next case.) Staff’s powerpoint presentation is attached to and incorporated in these minutes as Exhibit.
Mr. Gray Styers, representing the applicant, distributed information on the proposal. This information is attached to and incorporated in these minutes as Exhibit. He stated about six years ago the applicant developed a self-storage facility at the adjacent property at 2050 Sowter Drive, which is the subject of the next case. He stated it was a permitted use when it was built, but the area was rezoned ORD, so that now it requires a special use permit. He stated they have tried to put together a proposal sensitive to the neighbors’ concerns and the council’s desire to have some office in the area, and as a result he believes their unique proposal is satisfactory to their neighbors. Mr. Styers stated they are proposing a 9600 square feet office building facing Sowter Drive. He stated the terrain slopes downward, and parking will be behind the building. He stated a building will be behind the parking lot, and the front part will be flex space (i.e., computer repair service, audio/visual work, etc.). He stated under the same roof and on the other side of the internal corridor is the storage space. He stated it is not a pull-down overhead door self-storage; rather, it can be entered only through corridors internal to the building and then with doors to access the leased space. He referred to it as an extra large storage closet away from the home or attic. He stated the area is climate controlled. He stated at the lowest elevation on the property there will be another building with the same concept of access through a corridor.
Mr. Styers stated the area is very wooded, and Sowter Drive will link to Morrisville-Carpenter Road in the future. He stated the back of the property will remain as a completely wooded undisturbed 65 foot buffer; there is an existing utility easement on the west side of the property; the applicant’s existing facility is on the east side of the property. He stated Exhibit also includes letters of support for this project from some of their neighbors.
Mr. Styers stated they have made commitments to neighbors, some of which may be required to meet Town ordinances, while others are not. These conditions include: (1) streetscape landscaping trees shall be a minimum of 3 feet caliper at time of planting; (2) no external storage of materials/vehicles/trailers; (3) three sides of dumpster area to be finished masonry; (4) sides of self-storage buildings will be finished masonry, and they propose that anything that can be seen from Sowter Drive is considered a side and will have finished masonry (east side, west side and the area that wraps around at at one of the driveways on the north side of the building); none of the neighbors have asked for brick against the 65 foot buffer, although he believes this may be staff’s recommendation; he thinks it is an unnecessary expense, and Mr. Styers requested that only the areas specified herein be bricked; (5) all access to self-storage units shall be through internal corridors; (6) no hazardous substances may be stored or used on the property, and this is in the lease; (7) construction of office building next to Sowter Drive will be begun before completion of the first building on the site; (8) any exterior pole lighting within 120 feet of rear property line shall be shielded and down-case and in compliance with any applicable Town of Cary ordinances.
Mr. Styers referenced a letter from an independent real estate broker, Mr. Graham Herring, which is included in Exhibit. He stated Mr. Herring concluded that the use will not injure the value of adjoining or abutting properties.
Mr. Styers outlined how this proposal meets all tests that are outlined in the land development ordinance and the staff report herein.
Mr. Jack Smyre, the principle of The Design Response Inc., a planning firm in Cary, stated he had major concerns with the previous case, but he supports this request.
Mayor Weinbrecht closed the public hearing.
Mrs. Robinson wants to see the following terms of agreements with the neighbors as conditions of the special use: (2) no external storage of materials/vehicles/trailers; and (5) all access to self-storage units shall be through internal corridors. Additionally, she proposed a new condition #10 that all four sides be finished masonry. She stated this is for future neighbors so they will have a good view from the back of their property. Mr. Styers stated they are amenable to these conditions.
ACTION: Mrs. Robinson moved to approve the special use request. After conducting a duly advertised public hearing and considering the application materials, testimony and evidence at the hearing or otherwise appearing in the record, and the approval criteria of section 3.8.3 of the land development ordinance, she moved to approve the request with the following conditions: (1) that regulations and leases/licenses for storage on the site prohibit the storage of hazardous chemicals in any storage units; (2) no external storage of materials/vehicles/trailers; (3) all access to self-storage units shall be through internal corridor; and (4) all four sides of the self-storage buildings will be finished masonry. She stated the proposed use meets all of the approval criteria in section 3.8.3 of the land development ordinance, based on the findings listed in the staff report (and incorporated herein). Mrs. Adcock provided the second.
Town Attorney Simpson asked if the additional conditions offered by the applicant are included in the motion. Mrs. Robinson replied that she is not including the agreements that the applicant made with the neighbors as conditions other than the conditions she stated above in her motion. Mr. Styers stated he is amenable to those agreements being conditions of approval, but they will adhere to these agreement whether or not they are conditions of the special use.
ACTION: Vote was called for, and council granted unanimous approval.
Mayor Weinbrecht directed the council to the sketch plan:
SKETCH PLAN
07-SP-070,
North State Storage
Staff presented a powerpoint presentation on the sketch plan, which is attached to and incorporated in these minutes as Exhibit. The sketch plan is attached to and incorporated in these minutes as Exhibit.
Mr. Styers clarified that the bottom elevation will change based on conditions placed on the zoning.
Mrs. Robison asked about external access points, and she understands this is not yet at the site plan stage. Mr. Anthony Dilweg stated the entrance doors will be along the internal roadway (see far right on page 81 of the powerpoint presentation). He stated there will be large personnel doors to meet the needs of their customers with corridors. He clarified that large personnel doors are wider than a typical double door.
Mrs. Robison asked about stormwater management. Mr. Bill Mills stated stormwater devices for the most part will be underground on the west side (lower part of the powerpoint presentation, Page 81). He stated there will be underground sand filter chambers to filter pollutants from rainfall runoff. He stated larger storms divert into underground pipe detention systems. He added that they are addressing water quality and quantity. Mrs. Robison asked the location of egress for the overflow pipe. Mr. Mills pointed out the south end of the property where drainage currently leaves the property.
Mrs. Robinson asked if facades adhere to design guidelines. Mr. Kevin Hales of the planning staff responded affirmatively.
ACTION: Mrs. Adcock moved to support staff’s and the planning and zoning board’s decision to approve the sketch plan. Mrs. Robison provided the second, and council granted unanimous approval.
_________________________
3. Special
Use Permit 07-SU-009, 2050
Sowter Drive Refer to Exhibit for the oaths administered for the prior case and this case. Staff’s powerpoint presentation is attached to and incorporated in these minutes as Exhibit.
Mr. Gray Styers, legal counsel on behalf of the applicant, stated this is the first time he’s ever dealt with this particular situation. He stated non-conforming uses are problematic, and this resulted with a change in the zoning code. He stated the current use was built two or three years prior to the land development ordinance. They are requesting that council reinstate their conforming zoning status that they had prior to the adoption of the land development ordinance. They agree with the conditions proposed by staff (outlined herein). He stated they will ensure that the streetscape standards proposed by the Town will include additional evergreen plantings and at the time of planting will be at least as tall as the fence. He asked that his previous remarks and statements in the prior case be incorporated by reference in this hearing so as not to repeat himself. Town Attorney Simpson concurred.
Mr. Jack Smyre, representing the property owners to the north across Sowter Drive, stated they support this request with the condition about the evergreens/streetscape plantings. He stated they do not yet have a signed agreement, and asked that the evergreen/streetscape plantings be a condition of approval.
Mrs. Robison asked if incorporating comments from the previous case includes the conditions that were added to the prior case. Mr. Styers stated this is not his intention; rather, he wants to incorporate the evidence and testimony about the company, the facility, the area, the arial photos, and compliance with conditional use permit requirements of the ordinance. He added that this serves a different need, and he asked that the existing facility with the landscaping condition be granted approval, and he stated the action will be similar to grandfathering it.
No one else came forward to speak, and Mayor Weinbrecht closed the public hearing.
ACTION: Mrs. Robison moved to approve the special use request. After conducting a duly advertised public hearing and considering the application materials, testimony and evidence at the hearing and otherwise appearing in the record, as well as the approval criteria of section 3.8.3 of the land development ordinance, Mrs. Robison moved to approve the request with the conditions that are outlined as part of the application, because the proposed use meets all of the approval criteria set forth in section 3.8.3 of the land development ordinance based on the findings that are outlined |