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19-1829 Requirements for ParkletsPARKLET PERMIT ORDINANCE PAGE 1 OF 4 CITY OF MERIDIAN ORDINANCE NO. 19-1829 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 8-1-1, ADDING A DEFINITION OF PARKLET; RENUMBERING MERIDIAN CITY CODE SECTIONS 8- 1-3, 8-1-4, 8-1-5, AND 8-1-6 TO BE SECTIONS 8-1-4, 8-1-5, 8-1-6, AND 8-1-7, RESPECTIVELY; ADDING A NEW SECTION TO MERIDIAN CITY CODE, SECTION 8-1-3, REGARDING REQUIREMENTS FOR PARKLETS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, parklets, public spaces created when a public or private entity converts one or more existing on-street parking spaces into public open space, are a cost-effective means to activate streets, create more vibrant neighborhoods, and promote economic vitality; WHEREAS, there is a demand for the installation of parklets in Meridian’s downtown City Core; WHEREAS, on April 27, 2016, the City and Ada County Highway District (“ACHD”) entered into a Second Amendment and Addendum to Master License Agreement , in which ACHD and City agreed to allow City to regulate, control, and authorize parklets in the Meridian City Core on an ongoing basis, pursuant to jointly developed design standards and safety regulations for parklet installations, and pursuant to ACHD approval through the City of Meridian Citizen’s Use Permit process; WHEREAS, on October 17, 2017, following ACHD’s implementation of a special event permit for temporary uses of the right-of-way in spring 2017, the City repealed its Citizen’s Use Permit; and WHEREAS , on March 12, 2019, the City and ACHD entered into a Third Amendment and Addendum to Master License Agreement for Regulation and Maintenance of Sidewalk Facilities in the Meridian City Core, by which agreement the parties 1) affirmed City’s authority to allow parklets in the downtown core, 2) adopted mutually acceptable standards for parklet design and construction, and 3) agreed that the City would establish a parklet permitting process, to serve as the framework for City’s and ACHD’s review and approval of parklets in downtown Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 8-1-1 shall be amended by the addition of language as follows: PARKLET: A public space created when a public or private entity converts one or more existing on-street public parking spaces into public open space using visual or physical barriers. Parklets Meridian City Council Meeting Agenda June 11, 2019 – Page 558 of 602 PARKLET PERMIT ORDINANCE PAGE 2 OF 4 are intended to be a cost-effective means to activate streets, create more vibrant neighborhoods, and promote economic vitality. Section 2. That Meridian City Code sections 8-1-3, 8-1-4, 8-1-5, and 8-1-6 shall be renumbered, to be sections 8-1-4, 8-1-5, 8-1-6, and 8-1-7, respectively. Section 3. That a new section, Meridian City Code section 8-1-3, shall be added to Title 8, Chapter 1, to read as follows: 8-1-3: REQUIREMENTS FOR PARKLETS: A. Purpose. The purpose of the City of Meridian Parklet Program is to provide an opportunity for the conversion of one or more public parking spaces, within the City Core, to space designated for other, non-vehicular uses. The goal of the parklet program is to increase social, economic, and placemaking opportunities within the City Core by allowing for a greater range of community serving activities to occur within public right-of-way. B. Parklet Permit: 1. Permit Required. It shall be unlawful for any person to establish a Parklet without a City of Meridian Parklet Permit. 2. Application. Application for a City of Meridian Parklet Permit shall be made to the director or designee. Such application may be made only by a person owning or renting property directly adjacent to the parking spot in which the proposed parklet is to be placed, or any portion thereof. Such application shall include: a. A completed application on the form provided by the planning division; b. Detailed site plan; c. Photographs or illustrations depicting proposed parklet; d. Application fee as set forth in the fee schedule of the planning division; e. Copy of written notice of intent to submit such application, provided to all property owners on the block on which the parklet is to be placed, by U.S. Mail, by e-mail, or by personal delivery. f. Proof of an insurance policy with minimum limits of five hundred thousand dollars ($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and one hundred thousand dollars ($100,000.00) per occurrence property damage, naming the City as additional insured; and g. Other materials as may be reasonably required by the planning director. 3. ACHD approval. Upon receipt of all application materials for a City of Meridian Parklet Permit, the director or designee shall submit such application to the Ada County Highway District for review and approval. 4. Issuance or Denial of Application. Within thirty (30) working days following receipt of all application materials required by this section, the director shall either issue a Parklet Permit to the applicant or deny the application. Where a Parklet Permit is denied, the Meridian City Council Meeting Agenda June 11, 2019 – Page 559 of 602 PARKLET PERMIT ORDINANCE PAGE 3 OF 4 director shall notify the applicant of such denial in writing, which shall include notice of the right to City Council review of such decision as set forth in this section. Written notice of the denial shall be sent via U.S. mail. 5. Grounds For Denial. The director shall deny an application for a Parklet Permit where: a. The application is incomplete or required application materials or fees have not been submitted; b. Evaluation of the application or application materials reveals that provided information is invalid, false, or incomplete; c. The Ada County Highway District has recommended denial; or d. The proposed parklet is not designed, or will not be placed, in accordance with City of Meridian Parklet Standards and all applicable standards and provisions of law. 6. Review of Denial. City Council review of the director’s denial of a Parklet Permit may be requested by the applicant within fourteen (14) days of such issuance or denial. Such request shall be made in writing, shall state the reasons for such request, and shall be delivered to the City clerk via U.S. mail or in person. Upon receipt of such request, the City clerk shall schedule a public hearing on the request at a City Council meeting within thirty (30) days. The City Council's decision shall be a final decision. 7. Provisions of Permit. The Parklet Permit shall include: a. The name of the permit holder permitted to establish a parklet under such permit; b. The times, dates, places, and manner by which the parklet may be established under such permit; c. A description of the parklet to be established under such permit; and d. Any and all other conditions of placement or maintenance of the parklet established under such permit as may be necessary to protect the public health, safety, and welfare, and to mitigate effects on surrounding properties. 8. Term of Permit. The Parklet Permit shall be valid for a period of one year from date of issuance, and may be renewed by the process for application therefor as set forth herein. Upon expiration of the permit, the parklet and all related components shall be removed. 9. Revocation of Permit. In addition to any and all other applicable civil or criminal penalties, the director may revoke a Parklet Permit where: a. Any term or condition of the permit, any provision of law, or a parklet standard is violated; b. It is found, after issuance, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application therefor; c. The parklet, its placement, or any component thereof varies materially from the approved site plan or other representation in the application. The director shall notify the permit holder of such revocation in writing, and shall mail such notice to the permit holder at the mailing address set forth in the Parklet Permit application. Where the revocation is necessary to address a public health or safety concern, such revocation shall be effective immediately upon mailing of notice to the permit holder. Otherwise, the revocation notice shall provide measures necessary to Meridian City Council Meeting Agenda June 11, 2019 – Page 560 of 602 abate the violation and a deadline for such abatement, and the revocation shall be stayed pending such abatement period and/or upon the City Clerk's receipt of a request for City Council review of such revocation. 10. Review of Revocation. City Council review of the director's revocation of a Parklet Permit may be requested by the permit holder within fourteen (14) days of such revocation. Such request shall be made in writing, shall state the reasons for such request, and shall be delivered to the City cleric via U.S. snail or in person. Upon receipt of such request, the City Cleric shall schedule a public hearing on the request at a City Council meeting within thirty (30) days. The City Council's decision shall be a final decision. 11. Nontransferable. Parlclet Permits shall be nontransferable as to holder, location or arrangement of parklet, or allowed amenities. Changes of holder, location, arrangement, or amenities shall require a Parklet Permit. 12. Limited Scope. A Parklet Permit shall not convey or imply pei7nissions beyond the scope of the permit. Separate regulation and/or permitting requirements shall apply to service of alcoholic beverages, signs, temporary uses, changes in use, and changes, attachments, or improvements to the roadway. 13. Compliance with Permit. It shall be unlawful for any Parklet Perinit holder to violate or fail to comply with any term, condition, or standard set forth in such permit. C. Parldet Standards. All Parlclets shall comply with the Parklet Standards adopted by written agreement duly executed by the City Council and the Ada County Highway District Commission. It shall be unlawful for any person to establish a parklet in a time, place, or manner inconsistent with the duly adopted Parklet Standards. D. City Core Only. Parlclets may be established only within the City Core, as defined in this Chapter. It shall be unlawful for any person to establish a parklet outside the City Core. Section 4. All City of Meridian ordinances, or resolutions, or parts thereof, which are in conflict herewith, are hereby repealed. Section 5. That this ordinance shall be effective upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of June, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this I I day of June, 2019. APPROVED: ED ALc�TTEST: 0 V 2 Cilvof w CAVI E IDI Tanury de Weerd, ay�o s Jo on, Jerk s� SEAL PARKLET PERMIT ORDINANCE PAGE 4 OF 4 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1829 An ordinance amending Meridian City Code section 8-1-1, adding a definition of parklet; renumbering Meridian City Code sections 8-1-3, 8-1-4, 8-1-5, and 8-1-6 to be sections 8-1-4, 8-1- 5, 8-1-6, and 8-1-7, respectively; adding a new section to Meridian City Code, section 8-1-3, regarding requirements for parklets; and providing an effective date. �QO�PZED AUG`S First Reading: G Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code Cit e n IDJL AHO § 50-902: YES �JF Mayor and ity Cou eel SSEAL Second Reading: / By: Chris Johnson, Ci ler k Third Reading: Al �c TFR of the TRE STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1829 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 19-1829 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this �h day of '3 -Un e , 2019. J William L.M. Nary, City Attorney PARKLET PERMIT ORDINANCE PAGE 5 OF 4