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Associate Planner Luchini presented the Planning Commission's recommendations which include: <br /> a square foot cap on coffee, donut and bagel shops based on trip generation; changing the review <br /> process from a Permitted Use to a Conditional Use Permit (CUP) which allows staff the ability to <br /> analyze parking demand and trip generation on a case-by-case basis; and creating a separate <br /> southbound turn lane from Hopyard to Owens. He noted the applicant agrees with <br /> recommendation except for the southbound turn lane as he feels it places an undue burden on <br /> the project. Staff agrees and recommends removal of Condition No.9, and. recommends the <br /> addition of a condition requiring the 8-foot easement for a future mixed-use-path along Owens <br /> Drive. He recommended that Council introduce the ordinance approving the PUD rezoning and <br /> PUD Development plan, subject to findings and revised conditions of approval. <br /> In response to Councilmember Narum's inquiry, Assistant City Manager Dolan advised that any <br /> smoking/vaping ban would apply citywide and not incorporated on a project-by-project basis. City <br /> Attorney Dan Sodergren feels a vote on the smoking/vaping ban would take place before the <br /> building is occupied. <br /> In response to Councilmember Brown's inquiry, Associate Planner Luchini clarified the 14-foot- <br /> wide mixed-use-path would come from a combination of the existing sidewalk and the project site. <br /> He clarified that if the improvement was completed, there would be a 5-foot frontage, and <br /> because this is a PUD, there is flexibility in the standards to accommodate the path. Community <br /> Development Director Ellen Clark advised the setback is typically measured from the property line <br /> so the property line setback would be maintained. Assistant City Manager Dolan advised the path <br /> has some buffers built into it and there is room on the side of the path. <br /> In response to Councilmember Brown's inquiry, Associate Planner Luchini advised the green <br /> space will be a combination of plant materials and trees which serves as bio-retention and with <br /> the provision water be treated elsewhere on site. <br /> In response to Councilmember Brown's inquiry, Associate Planner Luchini advised the Planning <br /> Commission requested the project wait to occupy until the improvements to the intersection at <br /> Hopyard and Owens Drive are complete, which are scheduled be begin in late 2020. City Traffic <br /> Engineer Mike Tassano said the intersection improvement project is fully funded through Traffic <br /> Impact Fee; however, if Costco is delayed the improvements could be impacted, but prioritization <br /> would be at the direction of Council. <br /> In response to Councilmember Brown's inquiry, Associate Planner Luchini advised the site would <br /> most likely be a seven (7) day per week operation. <br /> Mayor Thorne opened the public hearing. <br /> Al Baez, applicant's consultant, advised they agree with the recommendation as modified. <br /> Abbas Mash, applicant, stated is support for approval with the staff modifications. <br /> Mayor Thorne closed the public hearing. <br /> Councilmember Brown expressed concern with the easement taking away the front area from the <br /> building. She also feels it is one of the busiest intersections in the area and may be dangerous for <br /> a bicyclist. Councilmember Narum agreed however, felt if the easement isn't put in place now it <br /> will never be built. <br /> In response to Councilmember Testa's inquiry, Director Clark advised the Planning Commission <br /> added Condition No. 9 due to concern that there is existing congestion in the area and the <br /> proposed project would add to it. Since the applicant does not have control over the intersection <br /> City Council Minutes Page 5 of 9 December 17, 2019 <br />