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l <br />•~ .. <br />11. If specific noise complaints are received during <br />construction from the McDonald Theater, residents of olive Plaza, <br />or LCC, the contractor shall either: <br />l} Have received prior approval from the management of <br />olive Plata, McDonald Theater, or LCC that defined noise <br />levels has approved by the Planning and Development <br />Department} may be exceeded, or <br />2} Implement one or more of the following noise <br />mitigation measures to reduce noise below defined levels <br />measured inside alive Plaza, inside the McDonald Theater, or <br />inside the LCC Downtown Center: <br />a} Install temporary or portable acoustic barriers <br />around stationary construction noise sources. <br />b} Locate stationary construction equipment as far <br />from nearby noise-sensitive properties as possible, <br />c~ shut off idling equipment. <br />d} Reschedule construction operations to avoid <br />periods of noise annoyance identified in the complaint, <br />e} Notify nearby residents whenever extremely noisy <br />work will be occurring. <br />3} olive Plaza, McDonald Theater, and LCC shall be <br />provided the opportunity to review and comment on the <br />construction noise standards that are to be established. <br />DISCUSSION AND FINDINGS <br />A. Findings_of_Fac~ <br />In 1994 a conditional use permit was granted allowing a bus <br />terminal in the C~-3 Major Commercial District at the subject site. <br />The present request. involves a new site design and circulation. lay- <br />out and involves some modifications of the arigina~l-conditions of <br />approval. Following the approval of the original conditional use <br />permit and its modification to address the development of a new <br />parking structure, a Design Review Committee ~DRC} was formed to <br />discuss specific means for complying with the approved conditions <br />and resolving same of the outstanding issues, including traffic <br />circulation, design compatibility and noise. As a result of the <br />comments received from the DRC and further analysis by the project <br />architect, the applicant substantially revised the transit station <br />from a circular design to a "saw tooth" lay--out.. This design <br />Page 4 ~- Findings of Hearings official ~MD 95-18 } <br />~:1~p51~findirx~sljan.9~lmd-95-18.dZ0 (JI~S:ccc) <br />