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Regular City Council Meeting <br /> Monday,August 27, 2018 <br /> Page 5 <br /> nodes are and at the list of permitted uses because there are permitted uses that <br /> seem a bit peculiar for neighborhood business and some that could have drive- <br /> throughs that she did not think would be particularly appropriate. <br /> Mr. Lloyd stated it was within the Council's purview to initiate a process to <br /> amend the zoning code to change their interim use procedures and how they are <br /> reviewed, renewed, and how long they might last for. By making the amendment <br /> as proposed in the Zoning Code, the City is not opening up anything without the <br /> opportunity to review each individual request for a new drive-through. And, if it <br /> is not an appropriate place, the City Council has every opportunity to deny those <br /> requests. <br /> Councilmember McGehee indicated from her understanding, a conditional use <br /> runs with the land so the City would not be able to close down that drive-through <br /> aspect of a conditional use that was granted. She stated if Mudslingers, in the fu- <br /> ture, decides to sell and another business comes in, the City would not have a way <br /> to eliminate the drive-through of the new business if they did not want one there. <br /> Mr. Lloyd stated assuming the user or operator of a drive-through is abiding by <br /> existing code requirements, that would be the case. <br /> Mr. Gaughan advised the concern would be crafting Council action around a par- <br /> ticular user. If the conditions in place protect the public's interest it should not <br /> matter who is running that drive-through. If those conditions are being abided by, <br /> then it should not be a concern for Council about whether it is Mudslingers or <br /> some other outfit. If there are concerns about City wide applications of drive- <br /> throughs, he would submit the appropriate thing to do would be to look at condi- <br /> tions attached to the Condition Use. If there are more specific conditions the <br /> Council feels are appropriate to protect the public welfare, then they should go <br /> down that road, particularly as opposed to an interim use process that is not really <br /> interim. <br /> Mr. Gaughan acknowledged if the Council likes a particular corner and user to ex- <br /> tend out indefinitely their ability to do so, it would not be an interim use and it <br /> would potentially cast this Council's actions as preferring one particular user as <br /> opposed to another. <br /> Mayor Roe stated he remembered seeing something in the Planning Commission <br /> minutes regarding whether there was a reconfiguration of the lots and ownership <br /> in that area, a new proposal came forward with a bigger plan that would be anoth- <br /> er approval of a conditional use, then the original approval would not necessarily <br /> carry forward. <br /> Mr. Lloyd maintained that if there is not a condition related to the existing site <br /> layout then any reconfiguration of this site that conforms to parameters a-f for <br />