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2020-043
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2020-043
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the zoning text amendment to allow "bus terminals" as conditional uses in the BP district ("Land <br />Use Approvals"); and <br />WHEREAS, by Resolution 2018-077, the City approved a "Conditional Use Permit for a <br />School District Transportation Center for a Portion of the Property located at 11530 Hudson <br />Boulevard North" ("Conditional Use Permit" or "CUP")(Ex. 1); 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. 11, p. 2); and <br />WHEREAS, on January 21, 2020, the City Council denied the First Amendment <br />Application (Ex. 12), and directed staff to institute the process for potential revocation of the CUP; <br />and <br />WHEREAS, on March 12, 2020, the School District applied for another 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." ("Second Amendment <br />Application"); and <br />WHEREAS, on May 5, 2020, the City Council denied the Second Amendment Application; <br />and <br />WHEREAS the City Council held a public hearing on April 21, 2020 to review the <br />Conditional Use Permit, following mailed and published noticed as required by law; and <br />WHEREAS, prior to the public hearing on April 21, 2020, the School District was provided <br />a draft staff report notifying it of the basis for the City Council's consideration of potential <br />revocation, including supporting documentation, and the School District was provided the <br />opportunity to submit documentation to the Council in advance of its April 21, 2020 meeting; and <br />WHEREAS, the City Council has reviewed any and all materials submitted by the School <br />District; considered any and all oral and written testimony offered by the School District and all <br />interested parties; considered all historical background of the Property, the City's Comprehensive <br />
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