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Ms. Clark agreed, noting that a coffee drive-through may create a different trip generation than <br /> a restaurant drive-through. <br /> Commissioner Balch asked if a Chick-Fil-A, with additional car queue needs, could replace the <br /> Taco Bell. <br /> Mr. Luchini explained that a more intense use would require a modification to the CUP. <br /> Commissioner O'Connor confirmed that, although a drive-through could be allowed, the <br /> impacts could be mitigated. <br /> Commissioner Balch questioned how Chick-Fil-A would be flagged as a higher intensity use <br /> than Taco Bell. <br /> Mr. Luchini responded that each proposal would be analyzed on a case-by-case basis and he <br /> explained the process of queuing analysis through the discretionary review process. A future <br /> proposal would need to show it is consistent with prior queuing analysis. <br /> Vice Chair Brown reiterated that the restriction was only on Pad B. <br /> Commissioner Pace asked if the Commission could include conditions to ensure that a new <br /> request would require staff's review. <br /> Mr. Luchini explained the standard condition of approval in a conditional use permit that <br /> allowed the City to review the permit if the use was modified. <br /> Commissioner Balch confirmed that the CUP ran with the land and asked the trigger for the <br /> City to evaluate traffic for a similar use. <br /> Mr. Luchini explained that the zoning clearance change provided the opportunity to review the <br /> use. He discussed the staff review process for a zoning clearance. <br /> Ms. Clark explained that this was a typical requirement, especially as it pertained to parking <br /> and traffic. <br /> To a question by Commissioner Balch, Ms. Clark explained that a change of ownership would <br /> necessitate a zoning clearance. <br /> Mr. Luchini added that a change of use requiring interior changes or tenant improvement <br /> would also trigger a zoning clearance. <br /> Vice Chair Brown asked what could be built instead of a drive-through Taco Bell. He confirmed <br /> that denying the application would not diminish their property rights. He expressed concern <br /> with the condition, given the limited information and history on the intent of the condition <br /> prohibiting drive-throughs. <br /> Mr. Luchini responded that a 5,000-square-foot restaurant use was already permitted. <br /> Planning Commission Minutes Page 5 of 13 January 22, 2020 <br /><br /> Mr. Luchini responded that the condition was specific to Pad B, so the removal of the condition <br /> would be specific to the proposed location. <br /> Commissioner Allen asked if the condition would run with the land. <br /> Ms. Clark confirmed that use consistent with an approved CUP could move into the same <br /> space. <br /> Vice Chair Brown stated neither straight zoning nor PUD would typically restrict the type of <br /> drive-through. <br /> Planning Commission Minutes Page 4 of 13 January 22, 2020 <br /> 3 of 13 January 22, 2020 <br /> Planning Commission Minutes Page 10 of 11 January 15, 2020 <br />with another individual over the age of 18 years old. <br /> Commissioner Brown stated that the difference to him was that a "go dark" provision made <br /> sense for tobacco retailers where underage individuals are still being exposed to tobacco <br /> products, tobacco advertising, and the like. He noted it could be difficult to "go dark" in a store <br /> that sells 100 percent tobacco products. <br /> Planning Commission Minutes Page 9 of 11 January 15, 2020 <br /> tobacco sales need to be eliminated in order to <br /> Planning Commission Minutes Page 7 of 11 January 15, 2020 <br />