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2020-042
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2020-042
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the BP district, the zoning text amendment to allow "bus terminals" as conditional uses in the BP <br />district ("Land Use Approvals"); and <br />WHEREAS, on July 17, 2018, by Resolution 2018-077, the City approved a "Conditional <br />Use Permit for a School District Transportation Center for a Portion of the Property located at <br />11530 Hudson Boulevard North" ("Conditional Use Permit" or "CUP")(Ex. 2); and <br />WHEREAS, the CUP required, among other conditions, that "9) The property shall be <br />connected to sewer and water prior to operation of the bus terminal" ("Condition 9"); and <br />WHEREAS, the School District occupied the Property and began using it as a school <br />district transportation center/bus terminal in late October 2019; and <br />WHEREAS, the Property was not then and is not now connected to municipal sewer and <br />water; and <br />WHEREAS, on November 5, 2019, the School District applied for an amendment to <br />Condition 9 of their CUP as follows: "The School District may operate its bus terminal at the <br />property using the well and septic system (septic tank and temporary toilets) either until the School <br />District connects to City sewer and water or until December 31, 2020, whichever occurs first. The <br />School District agrees to connect to City sewer and water within 30 days after it becomes <br />available." ("First Amendment Application") (Ex. 10, p. 2); and <br />WHEREAS, on January 21, 2020, by Resolution 2020-004, the City Council denied the <br />First Amendment Application (Ex. 11.), and directed staff to institute the process for potential <br />revocation of the CUP; and <br />WHEREAS, on March 12, 2020, the School District applied for the present amendment to <br />Condition 9 of their CUP as follows: "The School District may operate its bus terminal at the <br />property using its existing well and a new septic system as approved by Washington County, which <br />shall be installed by August 30, 2020. The well and septic system may be used until the public <br />services are installed and the connections are made to the Property." (Ex. 1.) ("Second Amendment <br />Application"); and <br />WHEREAS, the School District has met all submission requirements of City Code § <br />154.106 and the City determined that the application was complete on March 13, 2020; and <br />WHEREAS the Planning Commission held a public hearing on April 13, 2020 to review the <br />Second Amendment Application, following mailed and published notice as required by law; and <br />WHEREAS, prior to the public hearing, the School District was provided a draft staff report <br />notifying it of the basis for the staff s recommendation to the Planning Commission, including <br />supporting documentation, and the School District was provided the opportunity to submit <br />documentation to the Planning Commission in advance of its April 13, 2020 meeting; and <br />WHEREAS, at the April 13, 2020 meeting, the School District was provided the <br />opportunity to present their application; and <br />
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