_Minutes_September 25, 2019 - Laserfiche WebLink

Mr. Dolan responded that if the applicant is forced into a by-right project, there wouldn't even be a conversation. Commissioner Balch responded that he doesn't think it's fair and is hard for the applicant to hear they have to wait because the City's process has been delayed due to a redesigned intersection for a bike lane. The applicant is already being held up by the traffic, which isn't generated on their parcel. He would hate to advocate for delaying this project based on traffic caused by adjacent properties. He thinks the proposed project is well-designed and it seems hard to say the City would need that right turn lane on Hopyard Road to Owens Drive completed before this one could move ahead. It may be coincidentally constructed at the same time and it doesn't seem too far off. Therefore, he already sees the timing as aligned. Commissioner Brown said he thinks they were able to previously make that condition on a prior proposal to the Johnson Drive Economic Development Zone (JDEDZ) because there was a direct degradation in the LOS for the major intersection. He confirmed staff is saying because the traffic analysis does not degrade the Owens Drive and Hopyard Road intersection from LOS D to LOS E or F as a result of this project, they may not be able to tie those together as a nexus. Commissioner Balch noted that they'd probably be tied together because it is a PUD, but the question is whether they should. The impacts at Larkspur Landing Drive, they are already mitigating, and that is already a condition. Chair Allen referred to the two mitigations in the report that would be conditioned and said she assumes those mitigations would be implemented prior to occupancy. Ms. Clark confirmed. Commissioner Balch added that there are a few more conditions such as bicycle parking in the design, so those are already included. Chair Allen asked for further discussion and if not, suggested a motion. Commissioner Balch moved to approve P16-1349/PUD-121, as revised per the Staff Memo dated September 25, 2019 related to Draft Condition No. 7 and 8 and Table 1 permitted in Conditional Permitted Uses as per recommended in the Agenda Report numbers 1 and 2. Chair Allen seconded the motion Commissioner Brown stated he could not vote at this time and told the applicant that he wanted to get to "yes" because of the well-designed project and it is much better than what currently exists. He knows the Commission cannot tie the project to the right-hand turn lane, but he would like to, and he could not get to "yes" without that, but he was okay with proceeding to a vote. Chair Allen stated she too was struggling with this. Planning Commission Minutes Page 16 of 19 September 25, 2019 he potential to get the same square footage with more liberal uses that could generate more traffic. Commissioner Balch also recognized the blight of the previous Denny's restaurant which would go away if the project moves forward. Chair Allen recirculated the question to staff surrounding conditioning timing of the project around future traffic improvements, noting right now there are known issues. Ms. Clark responded that staff would query the relationship between this project and the existing traffic issues that are not caused by this project and whether or not there would be a nexus for a condition like that. Chair Allen likened it to adding to what is already a bad situation that just happens to exist. Planning Commission Minutes Page 15 of 19 September 25, 2019 bound traffic moves. They need to separate those movements out so the left turn is activated, which is a heavier movement, and then the through Planning Commission Minutes Page 8 of 19 September 25, 2019 ager, was in full support of the proposed project with Planning Commission Minutes Page 5 of 19 September 25, 2019 P19-0151 Planning Commission Page 8 of 12 City will retain the cash deposit until all work is substantially complete, all areas are stabilized, and all hazards are mitigated to the satisfaction of the Director of Engineering/City Engineer. P19-0151 Planning Commission Page 7 of 12