HomeMy WebLinkAboutHersey_300_PA-2013-01472
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CITY F
ASHLAND
November 8, 2013
Notice of Final Decision
On November 6, 2013, the Community Development Director approved the request for the following:
Planning Action: 2013-01472
Subject Property: 300 East Hersey Unit #7
Applicant: Innovative Construction / Swing Tree Brewing
Owner: Jerry & Deborah Toney
Description: A request for a Conditional Use Permit (CUP) approval to convert a
portion of the manufacturing space of Swing Tree Brewery to a -tasting room for the property
located at 300 E Hersey Street #7. A CUP is required because the sale of alcohol for on-site
consumption is considered a bar / nightclub in the Employment zone. The area of the tasting
room will be limited to less than 200 square feet and will have limited hours of operation.
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1;
ASSESSOR'S MAP: 39 lE 04DC TAX LOTS: 3402.
The Community Development Director's decision becomes final and is effective on the 13th day after the
Notice of Final Decision is mailed. Approval is valid for a period of one year and all conditions of
approval identified on the attached Findings are required to be met prior to project completion. €
The application, all associated documents and evidence submitted, and the applicable criteria are
available for review at the Ashland Community Development Department, located at 51 Winburn Way.
Copies of file documents can be requested and are charged based on the City of Ashland copy fee
schedule.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a
reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO)
18.108.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in ALUO
18.108.070(B)(2)(c). The ALUO sections covering reconsideration and appeal procedures are attached.
The appeal may not be made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact Amy Gunter in the Community
Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305
51 Winbum Way Fax: 541-552-2050 f 1
Ashland, Oregon 97520 TTY: 800-735-2900 }
www.ashiand.or.us
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SECTION 15.108.070(B)2 Effective Date of Decision and Appeals.
B. Actions subject to appeal:
2. Type I Planning Actions.
a. Effective Date of Decision. The final decision of the City for planning actions resulting from the
Type I Planning Procedure shall be the Staff Advisor decision, effective on the 13th day after
notice of the decision is mailed unless reconsideration of the action is approved by the Staff
Advisor or appealed to the Commission as provided in section 18.108.070(B)(2)(c).
b. Reconsideration. The Staff Advisor may reconsider Type I planning actions as set forth below.
i. Any party entitled to notice of the planning action, or any City Agency may request
reconsideration of the action after the decision has been made by providing evidence to the f
Staff Advisor that a factual error occurred through no fault of the party asking for f
reconsideration, which in the opinion of the staff advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue, to be
raised by letter or evidence during the opportunity to provide public input on the application
sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a
decision.
ii. Reconsideration requests shall be received within five (5) days of mailing. The Staff Advisor
shall decide within three (3) days whether to reconsider the matter.
iii. If the Planning Staff Advisor is satisfied that an error occurred crucial to the decision, the
Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor
shall decide within ten (10) days to afFirm, modify, or reverse the original decision. The Staff
Advisor shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
iv. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff C
Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties
that requested reconsideration.
c. Appeal.
i. Within twelve (12) days of the date of the mailing of the Staff Advisor's final decision,
including any approved reconsideration request, the decision may be appealed to the Planning
Commission by any parry entitled to receive notice of the planning action. The appeal shall be
submitted to the Planning Commission Secretary on a form approved by the City
Administrator, be accompanied by a fee established pursuant to City Council action, and be
received by the city no later than 4:30 p.m. on the 12th day after the notice of decision is
mailed.
ii. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing
shall be refunded. The fee required in this section shall not apply to appeals made by
neighborhood or community organizations recognized by the city and whose boundaries
include the site.
iii. The appeal shall be considered at the next regular Planning Commission or Hearings Board
meeting. The appeal shall be a de novo hearing and shall be considered the initial evidentiary
hearing required under ALUO 18.108.050 and ORS 197.763 as the basis for an appeal to the
Land Use Board of Appeals. The Planning Commission or Hearings Board decision on appeal
shall be effective 13 days after the findings adopted by the Commission or Board are signed
by the Chair of the Commission or Board and mailed to the parties.
iv. The appeal requirements of this section must be fully met or the appeal will be considered by
the city as a jurisdictional defect and will not be heard or considered.
I
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 5411488-5305
51 Winbum Way Fax: 541-552-2050 - l
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
l
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-2013-01472 j
SUBJECT PROPERTY: 300 East Hersey Unit#7
APPLICANT: Innovative Construction / Swingtree Brewing
OWNER: Jerry & Deborah Toney
DESCRIPTION: A request for a Conditional Use Permit (CUP) approval to convert a portion of the
manufacturing space of Swingtree Brewery to a tasting room for the property located at 300 E Hersey Street
#7. A CUP is required because the sale of alcohol for on-site consumption is considered a bar / nightclub in
the Employment zone. The area of the tasting room will be limited to less than 200 square feet and will have
limited hours of operation.
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E=1;
ASSESSOR'S MAP: 39 lE 04DC TAX LOTS: 3402
SUBMITTAL DATE: September 30, 2013
DEEMED COMPLETE DATE: October 16, 2013
STAFF APPROVAL DATE: November 6, 2013
FINAL DECISION DATE: November 19, 2013
APPROVAL EXPIRATION DATE: November 19, 2014
DECISION
The subject property is located at 300 Hersey Street, on the south side of Hersey Street with a steep slope
up from Hersey and is relatively flat. The rear of the property abuts the railroad right-of-way. The
property is occupied by large industrial type buildings that house a large number of small businesses
including uses such as beauty salons, a massage school, a window showroom, martial art studio, a travel
agency, a printing press, skin care businesses, auto repair, furniture repair, and a number of other uses.
The subject property is zoned Employment (E-1), the properties to the east, west and south are also
zoned E- 1. The properties to the north, across Hersey Street are zoned Single-Family Residential (R-1-
5).
The proposal is to add a small-scale bar to an existing microbrewery. The Ashland Municipal Code
allows for bars and nightclubs in the E-1 zone with a Conditional Use Permit (CUP). In early 2013, the
applicant received a building permit to convert one of the units at 300 Hersey Street into a
manufacturing facility for on-site production of beer. Manufacturing is a permitted use in the E-1 zone.
At the time of construction of the manufacturing portion of the facility, the applicant was permitted to
allow tastings of site-produced products prior to purchase of a larger quantity for off-site consumption.
The request for a CUP for a bar will allow for the purchase of pints of beer and wine manufactured off-
site for on-site consumption. The existing liquor license is limited to beer and wine sales and not hard
alcohol. The applicant's findings state they intend to sell pre-packaged bar snacks but will not be
producing food on site. The applicant also intends to sell branded merchandise at the facility. The
applicant has proposed limited hours of operation of the bar, four days a week from 3 - S PM with the
option of closing at 10 PM occasionally.
PA #2013-01476
300 E. Hersey #7/adg
Page 1
There are four vehicle parking spaces dedicated for the use of the brewery and a four bicycle parking
spaces very near the brewery. Additionally, the hours of operation are off-set of the typical 8 - 5 hours of
the adjacent businesses.
Due to the Building Code requirements for restroom facilities and the existing requirements, the area of
the brewery bar is limited to 160 square feet. The applicant has provided a floor plan which
demonstrates the boundaries of the 160 square; feet.
Comments from the public were received during the public comment period and the concerns raised
were in regards to the behavior of individuals under the influence, driving patterns and issues with the
driveway into and out of the business park, and other uses that used to occur in the business park with
created loud and raucous parties. The criteria for the Conditional Use Permit do not address behavior of
the patrons of the proposed use but do address generation of traffic, architectural compatibility, capacity
for City facilities when comparing to the target use of the zone: A number of the issues raised in the.
letter regarding previous behavior were created by illegal uses of the site which Ashland Police
Department has successfully halted.
There is adequate capacity of City facilities, and the site, being fully developed in the Employment zone
has adequate sewer, water, electrical and storm drain facilities in place, which meet the demand from a
160 square foot bar. The limited area of the brewery and bar and the limited number of parking spaces,
limits the occupancy of the space to 12. This also limits the number of vehicle trips created by the
brewery to fewer trips than could be created by other uses in the zone, which are outright permitted, such
as a restaurant. The structure is existing and no exterior modifications are proposed.
The use of the space as a small bar for a permitted manufacturing facility appears to be incompliance
with the criteria for a conditional use permit and the applicant's findings address limited area and hours
of operation.
Staff finds that based on the applicants proposal, the size of the bar and the limited number of occupants
the use would be in conformance with the standards of the zoning district and will not have a greater
adverse on the livability of impact area than uses that are permitted in the zone.
The criteria for a Conditional Use Permit are described in AMC Chapter 18.104.050, as follows:
A. That the use would be in conformance with all standards within the zoning district in which the
use is proposed to be located, and in conformance with relevant Comprehensive plan policies
that are not implemented by any City, State, or Federal law or program.
B. That adequate capacity of City facilities for water, sewer, paved access to and through the
development, electricity, urban storm drainage, and adequate transportation can and will be
provided to and through the subject property.
C. That the conditional use will have no greater adverse material effect on the livability of the
impact area when compared to the development of the subject lot with the target use of the zone.
When evaluating the effect of the proposed use on the impact area, the following factors of
livability of the impact area shall be considered in relation to the target use of the zone:
1. Similarity in scale, bulk, and coverage.
PA 92013-01476
300 E. Hersey #7/adg
Page 2
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and
mass transit use are considered beneficial regardless of capacity of facilities.
3. Architectural compatibility with.the impact area.
4. Air quality, including the generation of dust, odors, or other environmental pollutants.
5. Generation of noise, light, and glare.
6 The development of adjacent properties as envisioned in the Comprehensive Plan.
7. Other factors found to be relevant by the Hearing Authority for review of the proposed use.
The application with the attached conditions complies with all applicable City ordinances.
Planning Action 2013-01476 is approved with the following conditions. Further, if any one. or more of
the following conditions are found to be invalid for any reason whatsoever, then Planning Action 2013-
01476 is denied. The following are the conditions and they are attached to the approval:
1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here.
2) The 160 square foot area dedicated to use of patrons shall be installed prior to the issuance of a
certificate of occupancy.
2) That a sign permit in accordance with AMC 18.96 shall be applied for prior to the installation of any
signage that is visible to the public right-of-way.
4) That no live music which would be out of compliance with-the Ashland Municipal Code for
U sary Noise shall be allowed on the premise.
ill Molnar, Director Date
'Bcpg2jme of Community Development
PA #2013-01476
300 E. Hersey #7/adg
Page 3
PA-2013-01472 391E04DC 1403 PA-2013-01472 391E04DC 2401 PA-2013-01472 391E04DC 2500
ROTH HARVEY/BARBARA ROBERTSON JEANETTE ASHLAND COMMUNITY LAND
304 PATTERSON ST PO BOX 129 311 E HERSEY ST
ASHLAND, OR 97520 KILAUEA, HI 96754 ASHLAND, OR 97520.
PA-2013-01472 391E04DC 2500 PA-2013-01472 391E04DC 2501 PA-2013-01472 39IE04DC 2600
JOKINEN ROBIN E BERNARD-PANDEY KRISTINE R CUTTER CATHERINE C ET AL
311 HERSEY ST. 321 HERSEY ST 299 E HERSEY ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-01472 391E04DC 2700
TAVISS MICHAEL PA-2013-01472 391E04DC 2900 PA-2013-01472 391E04DC 2901
LEONARD/PATRICIA ANN O'DONNELL JOSEPH W/JANICE D KWART MARY
5071 W COYOTE GULCH LP 482 CAROL ST 1257 SISKIYOU BLVD 42
MARANA, AZ 85658 ASHLAND, OR 97520 ASHLAND, OR 97520
i
PA-2013-01472 391E04DC 3000 PA-2013-01472 391E04DC 3100 PA-2013-01472 391E04DC 3400
WILSON AND RUBALOFF TRUST ALVES JULIE L D-MAC LLC ET AL
479 CAROL ST,, 251 E HERSEY ST 240 E HERSEY
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-01472 391E04DC 3401 PA-2013-01472 391E04DC 3402 PA-2013-01472 391E04DC 3500
TONEY FAMILY CREDIT SHELTER TONEY JERRY E TRUSTEE ET AL WILLIAMSON EDNA LUCILLE ET AL
895 N FIFTH ST B 117 6581 GRIFFIN CREEK RD 311 N MOUNTAIN AVE
JACKSONVILLE, OR 97530 MEDFORD, OR 97501 ASHLAND, OR 97520
PA-2013-01472 391E04DC 3503 PA-2013-01472 391E04DC 3506 PA-2013-01472 391E04DC 3507
HERSEY STREET LLC TAYLOR JOAN TRUSTEE ET AL SUTPHIN RONALD S/DENISE E
25 ALLEN LN 415 WILLIAMSON WAY 9 PO BOX 128
TALENT, OR 97540 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-01472
2
PA-2013-01472 391E09AB 6700 BRANDON OVERSTREET INNOVATIVE CONSTRUCTION
UNION PACIFIC RR CO SWING TREE BREWING
1400 DOUGLAS - STOP 1640 1240 MUNSON DRIVE 110 CLAY STREET
OMAHA, NE 68179 ASHLAND, OR 97520 ASHLAND, OR 97520
NOD
November 8, 2013
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AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On November 8, 2013 1 caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached planning action notice to
each person listed on the attached mailing list at such addresses as set forth on this list
under each person's name for Planning Action #2013-01472, 300 E Hersey #7 NOD.
f
Signature of Employee
Documentl 111812013
I..I .s .
October 27, 2013
RE: Planning Action: 2013-01472
Ashland Planning Division Staff:
I would like to respond to the Notice of Application for a Conditional Use Permit approval to convert a
portion of the manufacturing space of Swing Tree Brewery to a tasting room for the property at 300 E.
Hersey St. A CUP is required because the sale of alcohol for on-site consumption is considered a
bar/nightclub in the employment zone. I do not have an objection to the CUP as long the following
concerns are addressed:
® 1 live at 275 E. Hersey St., directly across from the area in question. In the past, some "offices"
just west of where Swing Tree brewery is located have been a source of noise when owners
turned work spaces into party venues. Loud, live band music from the area at night caused me
to call the police several times. This is not a problem now because it seems that the owners of
the respective properties do not conduct parties there anymore. If Swing Tree Brewery is issued
a permit I am afraid that others will use this fact to get their own permit and re-institute the
practice of having loud parties with band music.
® Another concern I have is partiers do not stop partying when they leave the property. Loud
shouting and roving groups of people have happened on Hersey Street adjacent to my house.
There was also an increase in traffic noise from partiers leaving the property at night in their
cars. Although there is lot of commuter traffic on Hersey St. during the day, it is quiet at night,
due to the lack of commuters.
• Swing Tree Brewery is directly adjacent to a residential area. One of my property's selling points
was that it was across the street from a business area that would be quiet every night after
business hours and during business hours for that matter. I do not want a precedent to be set by
giving Swing Tree Brewery a permit that will start to turn this now quiet area into a noisy one.
• 1 also question how allowing people to drink on site will affect the security of the houses
adjacent to the business property. I do not want to see the neighborhood become more prone
to break-ins and property damage from people under the influence of alcohol, which would be
more likely to happen when the place they are drinking is right across the street from homes.
Right now, with bars confined to the downtown area there is no problem. If there is another
drinking venue in this area, I am afraid that it will attract people under the influence of alcohol
from downtown and also make the area between here and downtown less safe for walking due
to increased traffic of impaired drivers.
• The road entry onto Hersey St. from the business park is another concern-it is a difficult entry
onto Hersey Street because of the narrow street with no turning lane, one that will be doubly
difficult for drivers who are impaired. It is difficult for me to turn onto Hersey from my property
because I have to back into the street from my driveway, which is directly across from the
entrance to the business park where Swing Tree Brewery is.
I realize that many people drink alcohol responsibly. But Ashland is a place where people come to party
and be on vacation, go to the Shakespeare Festival, etc. etc. I would like to keep the celebration
downtown and away from residential areas.
t
I hope that a permit for Swing Tree Brewery is not a slippery slope toward turning the business park
across the street into another party zone like downtown. This would seriously compromise the peace,
quiet and security of this neighborhood. I have talked to the owner of Swing Tree Brewery and he said
that the hours of operation would be limited for the tasting room-not past 8 PM at night. I hope this is
maintained.
Sincerely,
Mary Kwart
541-708-0570
mkwart@gci.net
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Planning Department, 51 Winb. . flay, Ashland, Oregon 97520 F
541-488-5305 Fax:541-552-2050 www.ashland,or.us TTY:1-800-735-2900 If --LAN D
NOTICE OF APPLICATION
PLANNING ACTION: 2013-01472
SUBJECT PROPERTY: 300 E Hersey Street Unit #7
APPLICANT: Innovative Construction/Swing Tree Brewing
OWNER: Toney Family Trust
DESCRIPTION: A request for a Conditional Use Permit (CUP) approval to convert a portion of the
manufacturing space of Swing Tree Brewery to a tasting room for the property located at 300 E Hersey Street
#7. A CUP is required because the sale of alcohol for on-site consumption is considered a bar / nightclub in the
Employment zone. The area of the tasting room will be limited to less than 200 square feet and will have
limited hours of operation. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1;
ASSESSOR'S MAP: 39 lE 04DC TAX LOTS: 3402.
NOTICE OF COMPLETE APPLICATION: October 16, 2013
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: October 30, 2013
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The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn
Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the
application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning
Division Staffs decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18.108.040)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this
application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of
appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your
right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with
sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520,
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305. nil
CONDITIONAL USE PERMITS
18.104.050 Approval Criteria
A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the
imposition of conditions, with the following approval criteria.
A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in
conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program.
B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage,
and adequate transportation can and will be provided to and through the subject property.
C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development
of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of
livability of the impact area shall be considered in relation to the target use of the zone:
1. Similarity in scale, bulk, and coverage.
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered
beneficial regardless of capacity of facilities.
3. Architectural compatibility with the impact area.
4. Air quality, including the generation of dust, odors, or other environmental pollutants.
5. Generation of noise, light, and glare.
6. The development of adjacent properties as envisioned in the Comprehensive Plan.
7. Other factors found to be relevant by the Hearing Authority for review of the proposed use.
Documentl
i
PA-2013-01472 391E04DC 1403 PA-2013-01472 391E04DC 2401 PA-2013-01472 391E04DC 2500
ROTH HARVEY/BARBARA ROBERTSON JEANETTE ASHLAND COMMUNITY LAND
304 PATTERSON ST PO BOX 129 311 E HERSEY ST
ASHLAND, OR 97520 KILAUEA, HI 96754 ASHLAND, OR 97520
PA-2013-01472 391E04DC 2500 PA-2013-01472 391E04DC 2501 PA-2013-01472 391E04DC 2600
JOKINEN ROBIN E BERNARD-PANDEY KRISTINE R CUTTER CATHERINE C ET AL
311 HERSEY ST 321 HERSEY ST 299 E HERSEY ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-01472 391E04DC 2700
TAVISS MICHAEL PA-2013-01472 391E04DC 2900 PA-2013-01472 391E04DC 2901
LEONARD/PATRICIA ANN O'DONNELL JOSEPH W/JANICE D KWART MARY
5071 W COYOTE GULCH LP 482 CAROL ST 1257 SISKIYOU BLVD 42
MARANA, AZ 85658 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-01472 391E04DC 3000 PA-2013-01472 391E04DC 3100 PA-2013-01472 391E04DC 3400
WILSON AND RUBALOFF TRUST ALVES JULIE L D-MAC LLC ET AL
479 CAROL ST 251 E HERSEY ST 240 E HERSEY
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-01472 391E04DC 3401 PA-2013-01472 391E04DC 3402 PA-2013-01472 391E04DC 3500
TONEY FAMILY CREDIT SHELTER TONEY JERRY E TRUSTEE ET AL WILLIAMSON EDNA LUCILLE ET AL
895 N FIFTH ST B 117 6581 GRIFFIN CREEK RD 311 N MOUNTAIN AVE
JACKSONVILLE, OR 97530 MEDFORD, OR 97501 ASHLAND, OR 97520
PA-2013-01472 391E04DC 3503 PA-2013-01472 391E04DC 3506 PA-2013-01472 391E04DC 3507
HERSEY STREET LLC TAYLOR JOAN TRUSTEE ET AL SUTPHIN RONALD S/DENISE E
25 ALLEN LN 415 WILLIAMSON WAY 9 PO BOX 128
TALENT, OR 97540 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-01472 PA-2013-01472
PA-2013-01472 391E09AB 6700 BRANDON OVERSTREET
UNION PACIFIC RR CO SWING TREE BREWING INNOVATIVE CONSTRUCTION
1400 DOUGLAS - STOP 1640 1240 MUNSON DRIVE 110 CLAY STREET
OMAHA, NE 68179 ASHLAND, OR 97520 ASHLAND, OR 97520
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AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On October 16, 2013 1 caused to be mailed, by regular mail, in a sealed
envelope with, postage fully prepaid, a copy of the attached planning action notice to
each person listed on the attached mailing list at such addresses as set forth on this list
under each person's name for Planning Action #2013-01472, 300 E Hersey Unit #7.
Signs a of Employee
Documend 10/1612013
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September 26, 2013
City of Ashland
Planning Division
Attn: Amy Gunter
51 Winburn Way
Ashland, OR 97520
RE: Conditional Use Application Narrative for 300 E Kersey St, STE 7
Dear Amy:
In response to the city's request for written findings addressing approval criteria for the
conditional use permit, Brandon Overstreet, President, has prepared the following narrative in
order to meet those requirements on behalf of Swing Tree Brewing Company (STBC).
As a brewery/tasting room STBC's primary focus at the current location, 300 E Hersey St, STE 7
will be beer production. As stated in the brewery's Pre-Planning Narrative, "Swing Tree will be a
family owned and operated brewery with a tasting room. STBC will make 5 brands of beer on
premises to be sold in-house and at local draft accounts in the Ashland and Medford area. In the
tasting room, 5 brands of Swing Tree beer, as well as pre-packaged bar snacks, will be served.
There will be no food production on this site. Products will include pints of beer, to-go beer as
growler sales, 22oz bottles, and kegs. Brewery branded merchandise such as clothing and pint
glasses will also be sold from the location."
The brewery's current location is zoned E-1, Commercial, which allows for office, retail, or light
manufacturing by Municipal Code Chapter 18.40. The current occupancy classification has been
determined by Ashland Building Department Officials to be Factory Industrial F-2 Low-
hazard as defined by the 2010 Oregon Structural Specialty Code Section 306.3. STBC wishes
to create an accessory occupancy, to be classified as Group B, in order to operate a tasting room
with limited hours of operation. The primary usage of our location is for the production of beer.
We will be using the facility 7 days of the week for the production of beer and plan to be open for
the sale of beer on the premises only four days per week from 3pm to 8pm.
All Approval Criteria for the Conditional Use Permit have been addressed and met for our project
to the best knowledge of STBC.
Landscaping Requirements, Lot Coverage, Setbacks: There have been no changes in the
existing exterior or landscaping of the building or building site during our remodel and all interior
changes have been inspected and approved by the city building department.
Signage: STBC plans to put a sign with the company logo on the wing wall on the north side of
the brewery premises facing E Hersey St. As the sign will be visible to car and foot traffic on E
Hersey St., it will not be exempted by Municipal Code Section 18.96.030 and shall conform to all
other specifications in Ashland Municipal Code Section 18.96 which regulates signage on
commercial properties.
300 E Hersey St - Ste. 7 Phone: 541.591.8584 5 boverstreet@swingtreebrewing.com
Parking, Access, and Internal Circulation: The Tasting Room at STBC will consist of
approximately 720 sqft of the total leased brewery area. There is one, existing, uni-sex, ADA
compliant restroom in the facility. This restroom is shared with the adjacent warehouse to the
south of the tasting room and has limited the tasting room's seating capacity to 12. Section
18.92.030(B) (6) of the Ashland Municipal Code requires one parking space per four seats or one
space per 100 sqft of gross leasable floor area, whichever is less. As presented on the submitted
site plan, there are 3 designated parking spaces directly in front of the brewery location. It has
been arranged with Jerry Toney, the owner of the business park, to repaint the unit's loading area
into an additional parking spot, bringing the total dedicated parking for our facility to 4 spots for
12 seats.
Water and Sewer Service: Terry Oldfield of the Water Quality Division has indicated, "Water
OK", in the Pre-Application Conference Comment Sheet for our project. The tasting room will
have a negligible effect on City facilities for water and sewer as the increased occupancy will be
no more than allowed for an office space of the same size. No alterations of the exterior paved
area will take place; therefore there will be no impact to urban storm drainage.
Effect on Livability of the Impact Area:
® Similarity to scale, bulk, and coverage:
STBC feels that the impact on the area surrounding the brewery will be minimal. Traffic
flow into the business park caused by our tasting room will be slightly increased.
However, the tasting room hours of operation (Thurs thru Sun 3-8) are offset from the
majority of other businesses in the business park and STBC feels this increase will not
impact the neighborhood or business park in a negative way and that our proposed use
will be similar in scale, bulk, and coverage as any of the other offices in the business
park.
® Generation of traffic & effects on surrounding streets: .
It has been identified by major marketing research firms that the craft beer drinkers'
personality is one that is more concerned with living a healthy and active lifestyle. As this
personality profile fits very closely with the age group that we are targeting in Ashland,
we feel that foot and bike traffic will increase to our location. There are ample and
largely unused bicycle parking racks less than 60 ft away from our entrance and STBC
feels these racks will support the added bike traffic. Vehicle traffic will not be much
heavier than a typical office of our size, although the frequency of vehicle turnover may
be slightly larger. STBC feels that as our operating hours are largely offset from the other
offices in our park the impact will be minimal.
® Architectural compatibility:
Architectural compatibility has not been addressed due to the lack of any change in the
exterior of our location.
300 E Hersey St ~ Ste. 7 @ Phone: 541.591.8584 ^ boverstreet@swingtreebrewing.com
I i, !
® Air quality:
STBC will have a very negligible effect on air quality in the form of odors during the 90
minute boiling of the unfermented beer (wort). During the boiling process steam will be
released through the exhaust hood fan on the top of the building, carrying aromas of
malted barley and hops. As the nearest residence is well over 100' away and at a much
lower elevation than the exhaust vent STBC does not anticipate any noticeable odor to
reach our neighbors. If for some reason odors are detected, the smell of boiling wort has
been likened to the aroma of baking bread and STBC feels that the aroma is not offensive
at all, but rather pleasant.
® Noise, light, and glare generation:
Noises associated with the brewing process include pumps and fans that run during the
operation of the brewhouse. These noises are negligible and are not audible outside of our
leased space. While these noises may not be typical of the general office uses listed in
18.40.20(A) STBC feels that the impact will be negligible considering the noise will be
confined to the brewery space and will not be functioning during the conditional use we
are requesting. STBC tasting room operations will not cause any other chance in lighting
or glare that may be generated by typical office activities.
In closing, STBC feels that the above narrative fully addresses all approval criteria as described in
Section 18.104.050 for the Conditional Use Permit as requested in order to operate our tasting
room.
Sincerely,
Brandon R. Overstreet
President
300 E Hersey St Ste. 7 F Phone: 541.591,8584 boverstreet@swingtreebrewing.com
ZONING PERMIT APPLICATION
Planning Division
51 Winburn Way; Ashland OR 97520 FILE ffi 1
CITY OF F 541-488-5305 Fax 541-488-6006
ASHLAND
tau-,S ovt
~ c
DESCRIPTION OF PROJECT t
DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES PNO
Street Address E 1 Z5,6 y T , r
Assessor's Map No. 39 1 E 9 b 4- Tax Lot(s) e3 90 2
Zoning Comp Plan Designation
APPLICANT r Rz ee,i`0-°`'`fi
Name Phone E-Mail
Address ~ C M5b city f- 54LA~c Zip• need
PROPERTY OWNER
Name zay o Ki E Phone 1 ry~ q E-Mail -
.Address f! 67(t11:7rlN r to City Zip ` 3-01
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER
Itle Name Phone E-Mail
Address City Zip
Title Name Phone- E-Mail
Address City ro Zip
i hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct. 1 understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility, l further understand that if this request is subsequently contested, the burden will be on me to .
establish:
1) that 1 produced sufficient factual evidence at the hearing to support this request;
2) that the findings of fact furnished justifies the granting of the request; -
3) that the findings of fact furnished by me are adequate; and further
4) that all structures or improvements are properly located on the ground.
Faflu in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be oved at my expense: If I have any doubts, l am advised to seek competent professional advice and assistance,
v. ~s -3
pp icant's Signature Date
Aso Lof pe rty involved this request, i have read and understood the complete application and its consequences to me as a property
own P arty 0 er's Signature (requi ) Date
[fo be cromplefed by City StaifJ -
=
•
Date Received ' 13 ' Zoning Permit Type Filing Fee $
OVER 0*
GAcomm-dev\plauning\Forma &FtandoutslZoningPmmit Appucatiamdoc
t
ZONING PERMIT SUBMITTAL REQUIREMENTS
❑ APPLICATION FORM must be completed and signed by both applicant and property owner.
❑ FINDINGS OF FACT - Respond to the appropriate zoning requirements in the form of factual statements or
findings of fact and supported. by evidence. - List the findings criteria and the evidence that supports it. Include
information necessary to address all issues detailed in the Pre-Application Comment document.
'2 SETS OF SCALED PLANS no larger than 11"x17". Include site plan, building elevations, parking and landscape
11 details. (Optional -1..additional large set of. plans; 2'x3', to use in meetings)
❑ FEE (Check, Charge or Cash)
❑ LEED® CERTIFICATION (optional) - Applicant's wishing to receive priority planning action processing shall
provide the following documentation with the application demonstrating the completion of the following steps:
• Hiring and retaining a LEED® Accredited Professional as part of-the project team throughout design and
construction of the project; and
• The LEEDO checklist indicating the credits that will be pursued.
NOTE:
• Applications are accepted on a first come, first served basis.
• Applications will not be accepted without a complete application form signed by the applicant(s) AND property
owner(s), all required materials and full payment.
• All applications received are reviewed for completeness by staff within 30 days from application date in accordance
with ORS 227.178.
• The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission
meeting. (Planning Commission meetings include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which
meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1175 East Main St).
• A notice of the project request will be sent to neighboring properties for their comments or concerns.
• If applicable, the application will also be reviewed by the Tree and/or Historic Commissions.
GAcomm-dev\planningTorms & Handouts\Zoning Pmmit Applicatiamdoc
Job Address: 300 HERSEY ST E Contractor:
#7 Address:
ASHLAND OR 97520 C
A Owner's Name: TONEY JERRY/DEBRA L
P Phone:
Customer 00255 N State Lic No:
P
L INNOVATIVE CONSTRUCTION T City Lic No:
I Applicant: R
Address: A
C C Sub-Contractor:
A Phone: T Address:
N Applied: 09/30/2013 O
T Issued: R
Expires: 03/29/2014 Phone:
State Lic No:
Maplot: 391 E04DC3402 City Lic No:
DESCRIPTION: Conditional Use Permit for change of use to add tasting room. Contact is Brandon Overstreet or Mark Snyder
541-591-8584
VALUATION
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
MECHANICAL
ELECTRICAL
STRUCTURAL
PERMIT FEE DETAIL
Fee Description Amount Fee Description Amount
Conditional Use Permit Type 1 998.00
CONDITIONS OF APPROVAL
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.or.us
Inspection Request Line: 541-552-2080 CITY OF
ASHLAND