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Alternative Compliancey~ etU.N'~ • ~t ~irE IDIAN:-- October 24, 2011 Ms. Ashley Ford Meridian Development Corporation 33 E. Broadway Avenue Meridian, ID 83642 MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba 1tE: Compass/VRT Building Temporary Parking Alternative Compliance (File #ALT 11-008) Dear Ms. Ford: This letter is in response to your application for alternative compliance (ALT) to use the Masonic Temple parking lot in the interim for the Compass/VRT building currently being constructed at 700 N. East Second Street. In your narrative, it states the pazking lot for the Compass/VRT building will not be fmished by the building completion date due to an unforeseen issue with the underground irrigation pipe that needs to be replaced. As an alternative you have provided staff with a copy of the shared parking agreement that allows the Compass and VRT employees the use of the Masonic Temple parking lot until the required site improvements are completed with the office project. The effective date for the agreement is between October 1, 2011 and Mazch 31, 2012. The alternative compliance will allow a temporary certificate of occupancy to be issued. Prior to the issuance of the certificate of occupancy, all required site improvements must be completed per the approved certificate of zoning compliance (CZC) plans (File #CZC 10-065). In reviewing the criteria for allowing the alternative compliance request, the UDC grants the Director the authority to deviate from the pazking requirements. In order to grant approval for alternative compliance, the director shall determine the following fmdings: 1. Strict adherence or application of the requirements is not feasible; OR Due to the time of the year replacement of the piping is not feasible, thus the making it impossible to provide the required parking at the time of building completion. Once the pipe is replaced, the parking lot will be completed and the required off-street parking will be provided on site. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The applicant's proposal to provide off site parking a block away (approximately 300') on an interim basis is an equal means for meeting the parking requirements. Once the off-street parking is completed on the Compass/VRT site, the pazking lot will comply with the UDC standards and the shared parking agreement will no longer be required. • • 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. Staff finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties. In fact, pedestrian access is better served from the temporary parking lot rather than having employees crossing a parking lot under construction. Further, the temporary parking addresses the unfinished parking lot by allowing staff to recommend a temporary certificate of occupancy for the building. The certificate of occupancy is predicated on the completion of the site improvements approved with the issuance of the CZC. Per the fmdings above, I am approving your request for Alternative Compliance. This approval does not release the applicant from any previous requirements of the other permits issued for this site. Please feel free to contact Bill Parsons at 884-5533 with any questions or concerns. ~ cerely, ~ ~ Q_ e Friedman, AICP Interim Planning Director • E IDIAN*%--- Planning Department IDAHO ~-'rERNATIVE COMPLIANCE ~ Application Checklist Pro'ect name: ~ Ga File #: L ~' l~-OD Ap licant/a ent: ~~ All applications are required to contain one copy of the following unless otherwise noted: ~1P~lic~nt (~l - - , , ~ Description ~ : Staff . + (~l Completed & signed Administrative Review Application '~/ ,/~, (/f also submitting a concurrent application for a preliminary plat or conditional use permit, the Alternative Compliance request will be processed along with that application. Therefore, an Administrative Review application i , / is not necessary in this case; just check the Alternative Compliance box on Commission & Council Review 1/ A lication and submit the in ormation below.) Narrative fully describing the proposed request including the following: - The specific requirements that are proposed to be modified - Address the reason why strict adherence or application of the requirements are not feasible. - Demonstrate how the proposed alternative means for compliance with the specific requirements provides an equal or superior means of meeting the intent and purpose of the regulation - An su ortin documentation or Tans Fee ~,: ~~ %~ THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. - 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 Website: www.meridiancity.org (Rev. 11/4/08) • E IDIAN*~ IDAHQ Planning Department ADMINISTRATIVE REVIEW APPLICATION Type of Review Requested (check all that apply) ^ Accessory Use Alternative Compliance Certificate of Zoning Compliance ^ Certificate of Zoning Compliance Verification ^ Conditional Use Permit Minor Modification ^ Design Review ^ Private Street ^ Property Boundary Adjustment ^ Time Extension (Director) ^ Vacation ^ Other 1': Filenumber(s): -'~~~-7" ~~- (~'~ Project name: 1K~. ~.t~-~agS~'1~/eT ~~~+'e D~te'file~i: ~~~"~ Date''com lete ~2l`~!`. A~signcci Pl~inncr: ' ;'~~ ~~ I~/'$'oy1 ~__ Related t11c5. _ C Z~- : ~~ ' ~~p ; ~ ~~~ - lo-Dys,.... 8G~ Applicant Information Applicant name: n/' F'Ji~q'N GY~/~'j ~'Y1~lYlTf' C.~t2~ Phone: j, ~~%(~ ~'~ Applicant address: ~j'~ ~p`~(~/}7/j}~7~)~~ (~(~~ m~/"1(~~~i~Zip: ~7')(,QC.~a-' Applicant's interest in property: Own ^ Rent ^ Optioned ^ Other Owner name: ~ ~ ~~~YC Phone: Owner address: Zip: Agent name (e.g., architect, engineer, developer, representative): ~"~`'V ~~V N~, rJl~i Firm name: ~ (,. S Phone: a~~J tt~D~~~, `~ Address: ~i~~:J ~ . fi Zip: ~~LC 7" (~' rn~~~ ~ ~ Primary contacts: ^ Applicant Owner ^ Agent ^ Other Contact name: E-mail: ~~~- Phone: ~ r~. ~~~.~"Q} (Q Subject Property Information Location/streetaddress: ~'() N,('~{~o~' ~G~1yb ~~~~fi~ ~~t/~t1X1~1 1-~ ~j~(Q1-E`~- .A~s-sessor~parcelnum` e'r~js):~(.D~"~'DO©gj7Jfl~ (L,~~ Q(~~p~ ~~~CP~f~l~0~~ ~p; ange~sO fin: °ve`~l • ~', ~ N ,, l ~ Total acreage: ~. ~ /~, Cut`rent land use: ~~$ /~~~ ~~j~'~, ~~~(~~ Current zoning district: ~0'V b~C,C~ (l~1it 1 USN (~' 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11/4/08) • • Project Description Project/subdivision name: ~~9TV (~ ~j» ~~1'xl(y'w-I~v1 C.pNi'JOl'YIINIVI-'V6~ U _ __ General description of proposed project/request: ~~~ `~'~~ ~17f/1 11,(G ~,~(~- ~ ~~ C.(- . ~ ~~S C~rWJ `CO ~'1 ~ Cr ~t"H E (Y~v~ 6~.VYI h1 G~ ~YYrM r1~i-~t t~(s' c~ iv) Vt i%rt"1 .(;' l,a~~ Proposed zoning district(s): ~C~~ S ra'}(~ G ~~ Acres of each zone proposed: ~ - ~~ ° r~-~i"~ Type of use proposed (check all that apply): ^ Residential ^Commercial Office ^Industrial ,Other P19~'1(J/1~/IN(J- (.~ Amenities provided with this development (if applicable): ~ ~ ~" Who will own & maintain the pressurized irrigation system in this development? _ {~ V1/N(~1~~' Which irrigation district does this property lie within? __(~~-4{~ Primary irrigation source: N~4 (~ Secondary: ~~/j!1 Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): ~t E4~~-G'6~' Residential Project Summary (if applicable) r,j,, Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: 2 or more Bedrooms: Proposed building height: _ Average property size (s.f): Net deriSlty (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ^Sfngle-family ^ Townhomes ^ Duplexes ^Multf-family Non-residential Project Summary (if applicable) Number of building lots: ~ Other lots: ~'- U.N1~5 (/L~ f(H~ (N i~Vl I LVa'~ iV ll"' Gross floor area proposed: ~~~ c (~~.1~ ` `~ Existing (if applicable)~yy~I'~~' Hours of operation (days and hours): ~ FI~~I ~~uilding height: ~~ ! ~ ~. Percentage of site/project devoted to the following: Landscaping: ~'~[ ~c Building: ~~~~~ Paving: ~' ~f ~~ Total number of employees: `~`f- Maximum number of employees at any one time: t"f Number and ages of students/children (if applicable): ~ Seating capacity: ~ Total number of parking spaces provided: ~ ~~ Number of compact spaces provided: Authorization Print applicant name: Applicant signature: /- ~, ~ f v~ 1~~ Date: i ©. G ~. L ~ 33 E. Broa way Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org • • 33 E. Broadway Ave. Meridian, ID 83642 208.477.1632 www. meridiandevelopm entcorp. com October 17, 2011 Mr. Peter Friedman, AICP Director of Planning City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 RE: Second and Broadway Condominiums -Alternative Compliance Request Dear Mr. Friedman: As the Project Manager of the Meridian Development Corporation [MDC], please accept this Alternative Compliance Application for our new office condominium project located 700 North East Second Street. As you are aware, MDC currently has a 16,000-sf building under construction with its substantial completion date scheduled to be November 15, 2011. Unfortunately, due to irrigation pipeline issues, which are located underneath the future parking lot for the building, the parking lot will not be completed by the building completion date. Therefore, MDC has entered into a parking agreement with the Masonic Temple Meridian Lodge #47 to meet the 33 required parking spaces for the building. A copy of this agreement has been attached to this application. The Masonic Temple is located one block away from the new building and is located on the corner of Second and Idaho. The site has the ability to provide all 33 spaces. We believe the temporary parking location will at most be utilized until mid-December however we realize weather may dictate when the construction of the lot will be completed. We respectfully request approval of this alternative compliance request. If you should have any questions or concerns, please do not hesitate to contact me at 208.477.1632 or at Ashleynmeridiandevelopmentcorp com. Best Regards, ~ ~~ Ashley Ford, Project Manager Meridian Development Corporation • • PARKING SPACES LEASE AGREEMENT This PARKING SPACES LEASE AGREEMENT ("Agreement") is entered into this 6~ day of October, 2011, by and between the Urban Renewal Agency of the City of Meridian, also known as Meridian Development Corporation, a public body, corporate and politic ("MDC"l, the CittF n~ Meridian, a municipal corporation organized under the laws of the State of Idaho, ("CITY"), 33 East Broadway Avenue, Meridian, Idaho 83642 and Meridian Lodge #47, A.F & A.M. (herein "ML47"), collectively referred to as the "Parties" and each individually as "Party," on the terms and provisions set forth below. RECITALS A. ML47 is the owner of the Meridian Masonic Temple located at 800 E. Second St., Meridian, ID, 83642 and all of the parking spaces pertaining to the Temple. The area containing the parking spaces which are the subject of this Agreement is more specifically described as: all that portion North and East of the present Masonic Temple constructed on Lots 1, 2, 3, 4 and 9 of Block 7, original Townsite of Meridian, according to the amended plat thereof filed in Book 1 of Plats at page 30, in the records of Ada County, Idaho (hereafter "Parking Area"). B. The parties desire to enter into this Agreement to provide parking spaces for use by the public. Additionally, MDC is constructing an office building which will be purchased by twa public agencies, Valley Regional Transit ("VRT") and the Community Planning Association of Southwest Idaho ("Compass"). The parking lot for this building may not be completed by the time Compass and VRT need to occupy the office building. Therefore, during and until expiration of the initial term of this Agreement or completion of the COMPASS/VRT office building parking area, whichever occurs first, the parties desire that the Parking Area will also be available for use by Compass and VRT and those involved with these agencies. AGREEMENT 1. LEASE TERM. The term of this Agreement shall be October 1, 2011 until March 31, 2012. 2. NUMBER OF SPACES. The Parking Area currently consists of thirty three (33) spaces, which shall be the minimum number of spaces provided during the term of this Agreement. MDC and CITY acknowledge the Parking Spaces will be used as public parking. 3. USE OF NAME MDC and CITY shall not use or publish the name "Meridian Lodge #47" or any comparable description. of the Masonic Lodge without the prior consent of ML47. 4. HOURS• ML47 agrees to lease the Parking Area to MDC and CITY for use as public parking 7 days a week from the hours of 6 a.m. to 6:30 p.m. during the term of this Agreement. Three VRT owned vehicles may be parked in the Parking Area up to 24 hours a day. 5. INDEMNIFCATION. To the fullest extent permitted by law, during the term of this Agreement MDC agrees to indemnify and hold harmless ML47 from any and all claims, causes of action and lawsuits pertaining to any and all liability that arises out of the use of Parking Space Lease Agreement -Page - 1 ~ ~ the Parking Area by MDC during the hours set forth in this Agreement, excluding any claims or liability for injuries or damages arising out of the negligent or intentional acts or omissions of ML47 or its employees, members or agents. Nothing in this Agreement is intended; nor may it be construed to increase the limits of liability of MDC as capped by the Idaho Tort Claims Act (Idaho Code § 6-901 through § 6-929), or to otherwise lessen the protections afforded MDC under said Act. fi. LEASE PAYMENTS. The lease rate for the initial term ("Lease Rate") shall be limited to the following: a. MDC shall be responsible for ensuring that the Parking Area is at all times free and clear of debris, garbage, snow and ice and MDC shall direct the scheduling of and payment for these cleaning and maintainance services. 7. ALTERATIONS BY MD MDC and CITY shall make no alterations, additions or improvements, other than those specified herein, to the Parking Area and corresponding parking spaces without MI,47's written consent. 8. NO BAILMENT. Notwithstanding any other provision hereof, the parking of vehicles in the Parking Spaces shall not create a bailment between MDC and the owner of any vehicle parked in the Parking Area and MDC shall not be responsible for loss or damage occurring on or about the Parking Spaces to automobiles, vehicles or accessories, or the contents thereof, caused by theft, collision, water, wind storm or any other causes. whatsoever. 9. INSURANCE. MDC shall at its awn expense obtain and maintain general liability insurance covering the Parking Area during the term of this Agreement. However, nothing in the foregoing or elsewhere in this Agreement is intended, nor may it be construed to increase the limits of liability of MDC as capped by the Idaho Tort Claims Act or to otherwise lessen the protections afforded MDC under said Act.. 10. ENTIRE AGREEMENT. This Agreement represents the entire understanding and agreement between the Parties with respect to the subject matter hereof, and supersedes all other negotiations, understandings and representations (if any) made by and between such Parties. 11. AMENDMENTS. This Agreement shall not be modified or otherwise amended except in writing signed by all the Parties. 12. BINDING EFFECT. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the Parties and their respective administrators, executors, legal representatives, heirs, successors and permitted assigns. Parking Space Lease Agreement -Page - 2 13: WAIVERS. The failure or delay of any Party at any time to require performance by another Party of any provision of this Agreement, even if known, shall not affect the right of such Party to require performance of that provision or to exercise any right, power or remedy hereunder. 14. MISCELLANEOUS. Each Party represents and warrants that each person executing this Agreement on behalf of such Party is, at the time of such execution, duly authorized to do so by such Party's governing body, and is fully vested with the authority to bind such Party in all respects. If any provision of this Agreement is held invalid, illegal, or unenforceable, the remainder shall be construed to conform to the intent of the Parties, and shall survive the severed provisions. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date .set opposite their signatures. The effective date of this Agreement shall be the date of the signature of the last Party to sign, October ~Z~ , 2011 MERIDIAN DEVELOPMENT CORPORATION B Y • Julie Pi ,Chairman Attest S etary October ~, 2011 CITY OF MERIDIAN By ~~m Tammy DeW iEn a Uc~ syl ~9 city o€Attest~' .~ IDAflO n S~ ~ ~°y ~f, y~r ~~~je T-EASU`E ~'/'~ /~ / I October , 2011 MERIDLAlV LODGE #47, A.F & A.M. By ~ ~ Presi ent ~Jl~fi~e?L¢ ~/~C.~-C9e ;~ Attest %i ~ ~ ~~ ~ ,~~~..('~; Secretary Parking Space Lease Agreement -Page - 3