PC 092519 - Laserfiche WebLink

Commissioner Balch asked and confirmed that if approved today, the project would go through a 90-day review period prior to the applicant obtaining their permit to start construction. Ms. Clark responded that the project would first go before City Council for approval. Upon approval, all construction drawings would need to be prepared, the space tenanted, and then operations could begin. She stated Mr. Luchini was speaking with Mr. Tassano about the timing of the additional turn lane. Based upon Council approval, it will be a relatively quick build so it is likely that the opening of this project and the construction of that turn lane would closely align. Therefore, conditioning them may not be necessary in this case based upon the expected timing. Chair Allen asked Mr. Gibson if he would be willing to accept a condition that states they would not occupy the space until the right turn lane is completed. Mr. Gibson responded that they can't control that but that they wouldn't have tenants occupying space until at least late 2020. Commissioner Balch said he thinks the risk is valid but minimal and suggested a compromise. Mr. Dolan stated he was not sure staff would join the Commission in the recommendation to City Council regarding conditioning the timing restriction without the ability to create the nexus that this project is causing the problem. If approved 2-1, which the applicant would likely be happy with as long as he could move forward, or 3-0 with a recommendation to include the timing condition, they are likely to receive a different recommendation from staff, to exclude the condition. Commissioner Balch suggested doing this; adding a condition to restrict Certificate of Occupancy as contingent upon the installation of a right turn lane, and he would probably vote "no," but then it would go before City Council for discussion and approval. He thinks it is a great project and personally did not think the occupancy should be tied to the turn lane. Chair Allen stated she was open to inserting that condition. Staff would bring it to the City Council to provide both perspectives, and the Council would ultimately make the decision. Commissioner Brown said he has no desire for a well-designed, well-architected project to be roadblocked by the Planning Commission to thwart progress with the project. If this is what moves it forward to the governing body who would ultimately decide whether they are willing to tie those two pieces, he's amenable. Chair Allen suggested a motion. Mr. Luchini reiterated that staff would prefer not to have the timing condition included. Chair Allen added that there is some degradation that appears without the right turn lane. Without that right turn lane, this project adds more trips. There is some limited tie-in and more trips impacting that intersection and the LOS change was one to two seconds, incrementally, as a result of this project. She noted that one to two seconds today can be a lot on the cusp of Planning Commission Minutes Page 17 of 19 September 25, 2019 hat 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