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Regular City Council Meeting AND Board of Adjustments and Appeals Monday,July 16, 2012 Page 50 Chair Roe asked City Attorney Gaughan to provide comment on the official controls issue for a better understanding by the public and Board of official controls in the context of the Twin Lakes Business Park Master Plan. City Attorney Gaughan advised that this terminology typically takes on the form of the Zoning Code as an instrument putting into effect the Comprehensive Plan. At its most important level, City Attorney Gaughan noted that State Statute stated that if an official control conflicts with a comprehensive plan, the comprehensive plan controls. In essence, City Attorney Gaughan not- ed that this is most important for official controls, and the assumption that they are not in con- flict with land use decision-making. Chair Roe questioned, to the extent of any apparent conflict, if the official controls or the com- prehensive plan would then be amended. City Attorney Gaughan responded affirmatively, that the official control should then be amended to conform to the comprehensive plan. Member McGehee opined that it was her understanding all along that the Twin Lakes Business Park Master Plan was not consistent with the current Zoning C ode. Chair Roe noted that the question is whether the designation of the proposed Wal-Mart use as a big box was being compliance with the Zoning Code, and opined that there didn't seem to be consensus of the body. Member Pust suggested that the question be moved to a motion, since sufficient discussion had been held. Willmus moved, Johnson seconded, DENIAL of the appeal of Ms. Schaffer. Chair Roe clarified with Member Willmus that he was basing that denial on his findings in general pointed out earlier in his position statement; to which Member Willmus responded af- firmatively, clarifying that they were found in the July 16, 2012 staff report, subdivided in Sec- tion 2 of that report. Member McGehee spoke in opposition to the motion, and specific issues listed; referencing her comments made at the beginning of tonight's City Council meeting. Chair Roe spoke in support of the motion, primarily because as he read Ms. Schaffer's appeal, it dealt significantly with the Comprehensive Plan goals and policies and how this proposal may or may not relate to those. From his perspective, Chair Roe opined that the Comprehen- sive Plan should be used more broadly than specific proposals, especially when considering the economic goals on a city-wide basis, and under the CMU designated area since this is only one