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Regular City Council Meeting AND Board of Adjustments and Appeals Monday,July 09,2012 Page 17 City Attorney Gaughan advised that, if the Preliminary Plat was approved to- night, and it was later determined that there was a conflict between the Compre- hensive Plan and the City Zoning Code regarding the proposed use, with subse- quent action taken to correct any discrepancy as a result of the Planning Com- mission hearing and a decision of the Board of Adjustments and Appeals, it would not impact the Preliminary Plat. Mayor Roe opined that, if the attempt to solve the problem was through a sub- sequent determination that a Comprehensive Plan revision was needed, Wal- Mart would still be exempt from such a use determination for one(1) year. Councilmember Pust clarified that for that reason, action on the Preliminary Plat at tonight's meeting was bad either way. Councilmember Pust advised that it was her intent that the process be as clean and transparent as possible; and allow time for the Comprehensive Plan to be revised if determined necessary, and to avoid any other litigation. Councilmember Pust noted that the City Council could deny the Preliminary Plat tonight, and the applicant could reapply again, starting the review and approval process clock over again. At the request of Mayor Roe, City Attorney Gaughan opined that there would be no quick turnaround with such an action, since the applicant would need to start again at Step 1. Councilmember Willmus noted the need for a super majority vote if the appeal before the Planning Commission resulted in a finding by them and the Board of Adjustments and Appeals that an error is evident and a Comprehensive Plan amended required. Councilmember Willmus expressed his hope, if that was the actual result, that the applicant would return. Councilmember Willmus ques- tioned whether acting on the Preliminary Plat tonight would have any ill effect as suggested by Councilmember Pust. Councilmember McGehee opined that, if the City Council denied the Prelimi- nary Plat tonight, and the applicant reapplied tomorrow, there would be suffi- cient time for the Planning Commission to hear the Appeals and make a rec- ommendation at their meeting this Wednesday night; and also allowing suffi- cient time for a formal Public Hearing on the Preliminary Plat at their August Planning Commission meeting. City Attorney Gaughan cautioned that, under that scenario, notice requirements would need for be met for a formal Public Hearing. Staff debated the technical notice requirements, with no clear determination made on that notice schedule.