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freeway traffic backing up on Hopyard Road; the Commission just does not want the project occupied with one or two more seconds of delay until that is resolved. Commissioner Brown said during lunchtime he sees traffic backed up all the way from Johnson Court to the intersection and beyond and he cannot in good conscience vote "yes" on a project that is going to aggravate that situation and add more traffic and make it worse, even though from an LOS perspective the category will not worsen from LOS D. As a member of the Commission, he cannot vote for this. Commissioner Balch noted that the TIA was based upon fast food, which will cause more trips, and which the applicant strongly believes is not a likely use for the project. So, if it went 100- percent retail, it would result in less trips than the previous Denny's restaurant. All uses of any type will be greater than today because Denny's is closed, and to him, it has been a benefit to the community in this regard. Therefore, his argument is that he may join the motion, so the applicant knows he strongly supports the project, but the concept is that the timeline is closely aligned with the City's timeline for the intersection improvements already. The trip adds do not reduce LOS but do increase it by seconds. 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. There was no second to Commissioner Balch's motion and it died. Commissioner Brown moved to find that the proposed PUD rezoning P16-1349/PUD-121 are consistent with the General Plan for purposes of the PUD ordinance and adopts a Resolution recommending approval of P16-1349/PUD-121 subject to the required findings and revised draft conditions and revised uses per staff's memo, and subject to an additional requirement that occupancy would not take place prior to the completion of the right hand turn lane improvements on Hopyard Drive onto Owens Drive. Commissioner Balch seconded the motion ROLL CALL VOTE: AYES: Commissioners Allen, Balch (with objection to last condition) and Brown NOES: None ABSENT: Commissioners O'Connor, Pace and Ritter ABSTAIN: None Resolution PC-2019-22 approving Case P16-1349/PUD-121 was adopted with revised draft conditions and uses per staff's memo and an added condition, as motioned. MATTERS INITIATED BY COMMISSION MEMBERS None Planning Commission Minutes Page 18 of 19 September 25, 2019 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