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2020-042
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2020-042
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N. City Code § 154.107(C) requires that, "The Planning Commission shall hold <br />a public hearing on each complete application for a conditional use permit as provided <br />in § 154.102 of this Article." Further, it provides, "[a]fter the closing of the hearing <br />on a proposed conditional use permit, the City Planning Commission shall consider <br />findings and shall submit the same together with its recommendations to the City <br />Council." <br />O. City Code § 154.107(D) recognizes, "The City Council shall make the final <br />decision on a conditional use permit after a public hearing by the Planning <br />Commission. The City may approve, approve with conditions, or deny the <br />application." <br />P. City Code § 154.107(F) mandates, "If the Planning Commission <br />recommends denial of a conditional use permit or the Council orders such denial, it <br />shall include in its recommendation or determination findings as to the specific ways <br />in which the proposed used does not comply with one or more specific findings <br />required by this chapter." <br />Q. City Code § 10.99 provides general standards for compliance with the City <br />Code, including Chapter 154. City Code §10.99(A)(1)), which includes, prohibiting <br />the following: <br />(b) Violate, fail to comply with, or assist, authorize, or permit the violation <br />of the terms and conditions of a city approval, including permits and <br />licenses, required or granted under this Code. <br />(c) Knowingly make or submit a false statement, document, or material <br />omission in connection with an application or procedure required by this <br />code. <br />R. Furthermore, City Code § 10.99(B)(4): "A violation of Division (A) above <br />constitutes sufficient grounds for denial of an application required by this code that <br />is related to the violation. <br />III. LAND USE APPROVALS <br />A. Prior to July 2018, the Property was zoned Agricultural Business Park <br />Holding Strict ("HD -A -BP") and later Rural Development Transitional ("RT"). <br />B. The Property was subject to a Consent Agreement/Interim Use Permit <br />("IUP"). (Ex. 30; Ex. 25, p. 11). The IUP allowed the previous occupant of the <br />Property to operate a truck terminal at the site with a well and septic system. The <br />Interim Use Permit contained numerous conditions, including the following: <br />C. The interim use shall -be located on that portion of the Applicant's Property <br />illustrated on the Site Plan. The remainder of the Applicant's Property shall <br />continue to be used for agricultural purposes. <br />
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