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building would not be that large because they would have to park it. In her estimation they would likely end up with a building about the size proposed, at 9,000 or 10,000 square feet. This building would have to go through a design review process but a number of uses being proposed are permitted as of right. The City would have the ability to look at things like parking and to some degree, traffic, in the analysis. However, a future project might not be something the City could completely say "no" to for a use permitted by right in that zoning district. To Commissioner Brown's question, she thinks one thing to bear in mind is that the traffic analysis was conservative. It looked at a very aggressive trip generation as to fast-food and with more square footage. In that respect there are more "checks" in this PUD than there might otherwise be in a use permitted as of right in this district. Commissioner Balch said the problem he has is that Denny's is closed so currently there are zero trips being generated. It is a terrible intersection and section of town as it relates to traffic, given there is currently no traffic generated from this parcel. So, it is just unfortunate as to the timing of when this applicant came before the Planning Commission, but he thinks at least from the prior one, they are getting building setbacks pretty close to straight up zoning in addition to an attractive building compared to the initial version. The parking is in the rear, not the front, so there is the streetscape with the sidewalk in addition to funds for the traffic impact fees and the center island. However, he recognized the concern and doesn't want to minimize it. Commissioner Brown said he has no desire to limit any property rights and no desire to make someone else's successful business and traffic issues the applicant's property concerns. In terms of acting in the best interests of the public based on the projects the Commission has previously approved, the verbiage around the PUD, and what is and isn't permitted, is throwing him off. At the end of the day, he always prefers to know what he is getting rather than playing a guessing game. In any case, it is a great design, great architecture, well thought out, and ultimately, he wants good use of the property and something that gives the property owner rights to enjoy their property and profit from it. He was just trying to figure out whether or not by approving this PUD he was guaranteeing a higher trip generation than they would have if the Commission did not approve the project. Acting Community Development Director Brian Dolan said he agrees that without the PUD there is the 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 oad and Owens Drive run independently. All westbound traffic moves, then all eastbound 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 was in full support of the proposed project with Planning Commission Minutes Page 5 of 19 September 25, 2019