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2020-042
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2020-042
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a. The City incorporates the findings above related to the temporary <br />septic in support of a finding that its use creates a hazard or nuisance. <br />b. The Amendment requires temporary use of the Property served by <br />temporary toilets (i.e. "porta potties") and an existing unpermitted septic <br />tank. The current septic system is not adequate for the site and <br />constitutes a hazard to workers at the Property. <br />iii. The City finds that the proposed use will be served adequately by <br />essential public facilities and services, including streets, police and fire <br />protection, drainage structures, refuse disposal, water and sewer systems <br />and schools or will not be adequately served by such facilities and services <br />provided by persons or agencies responsible for the establishment of the <br />proposed use. City Code § 154.106(A)(8). <br />a. City Code § 154.106(A)(8) provides that the City must determine <br />that the proposed use will be adequately served by essential facilities, <br />including but not limited to water and sewer systems, or the City can <br />allow a proposed use if a property is adequately served by such facilities <br />and services. Contrary to the assertion of the School District, this <br />provision, however, does not require that the City snake a fmding that a <br />permanent septic system be used merely because a Property owner wants <br />to connect to a private system. It is written to allow conditional uses in <br />areas of the City that are not sewered or readily capable of being <br />connected to municipal water and sewer. This provision does not require <br />that the City dispense with the other provisions of the City's zoning code <br />and its comprehensive plan based upon an Applicant's prerogatives. <br />b. As noted above, the City approved the development of the parcel and <br />the previous Conditional Use Permit with the expectation and <br />requirement that the Property as developed be connected to sanitary <br />sewer and water facilities. <br />c. The Property was originally a 5-acre site and developed by the <br />School District into an 11-acre acre site to accommodate its proposed <br />use. <br />d. The School District requested that the Property be rezoned to <br />Business Park and requested an amendment to allow bus terminals as a <br />conditional use in that district. <br />e. The Property is within the Business Park zoning district, which is a <br />sewered zoning district in the Comprehensive Plan. (Ex. 18, at p. 6). The <br />Comprehensive Plan provides that septic systems are allowed for land <br />- uses"outside of the planned sewer services."— - -- - <br />f. Because the Property is within a MUSA district, it was required to <br />connect to City water andsanitaryupon development. Consequently, the <br />16 <br />
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