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Regular City Council Meeting Monday,May 13, 2019 Page 9 Councilmember Willmus stated the reason he was curious about it is does it run with the land. How it is recorded against the property. Ms. Gundlach replied a special use permit is the same as a conditional use permit and is recorded against the property, runs with the land, not with the user. Councilmember Willmus asked from staff's perspective, is there a tool that could be brought forward and implement that is specific to the particular use that sought the drive through window. He wondered how this could be tied to a specific use that sought the permit. Mr. Paschke replied there are very few uses that are actually that similar that per- haps may be able to follow along with the conditions that are there. He used Mudslingers as an example of a small, special use. Each one is unique and if someone else came in because the business closed and that person wanted to start a different business, it would need to be reviewed prior to supporting the new business whether or not that business was able to achieve compliance with the conditions that were placed on that project. The City would require them to go through their separate and own distinct conditional use if those compliances can- not be achieved because it is not the same. Ms. Gundlach stated her recommendation would be with each one that comes be- fore the Council, try to identify what the Council concern is and what the negative impact is and specifically write a condition to address that, regardless of who the user is. Mr. Paschke thought the goal throughout this is to try to analyze this accordingly and set the conditions to be set up as best as the future can be foreseen. Councilmember Etten wondered if a way to get at some of that is to look at somewhere along the lines of the following: "If the approved pattern is changed, there is an intensification of use or conditions on the property change in a way that impacts pedestrian, bicycle or auto traffic movements, a new sight plan or traffic pattern must be approved." Essentially if there is additional or new stuff happening, then City staff would look at this again. He wondered if this was too restrictive whether it be a new applicant or someone continuing the current use. Ms. Gundlach stated in her experience the City might want to get in the habit with every Conditional Use (CU) for a drive through to place a condition of approval that the business has to have an approved circulation plan to get at those things talked about. That could be made a specific condition of approval, get the plan, attach it to the resolution, and if the business does not comply with that plan, re- gardless of who the user is, then the business is not complying with the condition and the business has to come back and ask for an amendment to the CU. She not- ed this does not necessarily need to be written into the Ordinance. The City