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allow the City to evaluate potential traffic impacts of such uses, based on current traffic conditions and the current profile of existing uses, and regulate their operational conditions (hours, no. of employees, et cetera). The Planning Commission agreed with staff and revised existing COA No. 8 which is included in Attachment A for the Council's consideration. Existing Traffic Issues and Proposed Improvements in the Project Vicinity Within the vicinity of the proposed project, significant traffic queues, up to 400 feet long, have been occurring on a regular basis from vehicles accessing the Chik-Fil-A drive- through. Although this queuing does not typically result in traffic lanes or intersections being blocked, it is an ongoing issue with effects both on and off-site within the immediate vicinity of the proposed project. The City is in the process of addressing the issue and has been in contact with Chik-Fil-A to identify ways they could better manage drive-through traffic flow and address the known queue length issues. The City is also in final design to widen Hopyard Road to provide a separate southbound righthand turn pocket from Hopyard Road onto Owens Drive. The proposed design will also provide a protected bike lane and bicycle signal for southbound bicyclists. The necessary right-of-way (ROW) was dedicated to the City with the Chik- Fil-A project in 2014. This project is expected to begin construction in summer of 2020. Given the known traffic congestion issues and planned improvements described above, the Planning Commission added a new COA No. 9 requiring the applicant to withhold occupancy of the new commercial building pending the completion of the City- sponsored righthand turn pocket project. As described above, based on the analysis in the TIA, the known traffic congestion issues in the project vicinity are not being substantially worsened with the proposed project. As discussed, with the recommended TIA mitigations installed, all study intersections in the project vicinity will continue to operate at acceptable levels of service. On the basis of the project's negligible impact on traffic operations, and given that the traffic improvement project has been in design development for some time, with triggers for its installation pre-dating this application, staff does not believe a clear nexus exists to delay occupancy of the proposed project until this City-sponsored project is completed, and, further, given that timing for installation of the improvement is entirely outside of the applicant's control, it would potentially place an undue burden on the applicant if occupancy of the project were substantially delayed. Therefore, staff recommends that new COA No. 9 not be included among the project conditions adopted with approval of the project. Page 8 of 10