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HomeMy WebLinkAboutNMain_438_PA-2014-01695 t t CITY F ASHLAND November 17, 2014 Notice of Final Decision On November 17, 2014, the Community Development Director approved the request for the following: Planning Action: 2014-01695 .Subject Property: 488 N. Main Street Applicant: Michael Lisk Description: A request for a Site Review approval for a change of use to convert the existing office / residential building located at 488 N Main into a medical marijuana dispensary. No changes to the structure are proposed. The location complies with the recently adopted standards regarding location and is considered as special permitted use in the zone. An exception to the Site Design and Use Standards for parking lot landscaping buffering is also requested. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 1E 05DA; TAX LOTS: 3500 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: 541.488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 U vww.ashland.or.us I SECTION 18.108.070(6)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 Staff Advisor that a factual error occurred through no fault of the party asking for 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 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 party 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. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305 51 Winburn Way Ashland, Oregon 97520 TTY: Fax: 541 800--557355-29-290 www.ashland.or.us 00 t on_~rna_a1695 PA-2014-01695 PA-2014-01695 PA-2014-01695 ABBOTT'S DEVELOPMENTS LLC BAMMAN VICTORIA L BOLDT INGRID E A 1085 DEER VISTA LN 311 GLENN ST 486 LORI LANE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01695 PA-2014-01695 PA-2014-01695 BOWLAND SIDNEY J/SHERI L PETER COLLINS COLLINS CLAIRE TRUSTEE FBO FARIA PATRICIA L PO BOX 1025 482 LORI LN 2933 LINCOLN AVE ASHLAND, OR 97520' ASHLAND, OR 97520 ALAMEDA, CA 94501 PA-2014-01695 PA-2014-01695 PA-2014-01695 NATIONSTAR MORTGAGE LLC FERRIS CHARLES Y TRUSTEE ET AL GAY ALMA FRANCIS 350 HIGHLAND DR PO BOX 929 493 LORI LN LEWISVILLE, TX 75067 OCCIDENTAL, CA 95464 ASHLAND, OR 97520 PA-2014-01695 PA-2014-01695 PA-2014-01695 GREGA SHIRLEY TRUSTEE ET AL GUDGER KENNETH R/DEBORAH C HOWARD JUDITH L 70 COOLIDGE ST 42711 NEWER HEIGHTS DR 90 RIDGE RD ASHLAND, OR 97520 OAKHURST, CA 93644 ASHLAND, OR 97520 PA-2014-01695 PA-2014-01695 PA-2014-01695 JOHNSON MILO KTRUSTEE KENDALLJULIETTE TRSTE FBO KENNEDY KATHERINE MTRUSTEE ET AL PO BOX 1055 6909 NOR FOLK RD 132 GREENWAY CIR FERNDALE, CA 95536 BERKELEY, CA 94705 MEDFORD, OR 97504 PA-2014-01695 PA-2014-01695 PA-2014-01695 KILHAM EDWARD GEARY TRUSTEE ET AL KISTLER MICHELLE DESJARLAIS LEMON ADAM P/SUSAN Z 476 N MAIN ST 557 N MOUNTAIN AVE 451 N MAIN ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01695 PA-2014-01695 PA-2014-01695 LILLICH JOHN G LIVELY VIC/CLAUDIA TRST FBO MELDAHL CATHY C TRUSTEE/ PO BOX 928 PO BOX 3399 681 MAGNOLIA RD CLATSKANIE, OR 97016 ASHLAND, OR 97520 LONGBOAT KEY, FL 34228 PA-2014-01695 PA-2014-01695 PA-2014-01695 THERESA MENDOZA PENSCO TRUST COMPANY PURVES MARGARET Y ROGERS CAROL LEE 50 HORGAN AVE 51 1190 SLAGLE CR RD 327 GLENN ST REDWOOD CITY, CA 94061 GRANTS PASS, OR 97527 ASHLAND, OR 97520 PA-2014-01695 PA-2014-01695 PA-2014-01695 RUBENSTEIN GREGG IVAN BERNELLTRUS SAGER KATHY C ET AL SHERBOW MARK ALAN 817 HUMBOLDT ST 211 600 NEIL CREEK RD 985 OVERLOOK.DR SAN MATEO, CA 94401 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01695 PA-2014-01695 PA-2014-01695 ` SMITH CONSTANCE L STONG JON S TRUSTEE ET AL THOMPSON BRENTTRUSTEE ETAL 935 CIENEGUITAS RD C 655 CHERRY ST P 0 BOX 201 SANTA BARBARA, CA 93110 SANTA ROSA, CA 95404 ASHLAND, OR 97520 PA-2014-01695 488 N. Main TWIEST AMY K USK MI4-01695 11/17/2014 NOD 332 HUMAN ST LISK MIKE 5717 FISHERS FERRY RD. 35 ASHLAND, OR 97520 GOLD HILL, OR 97525 PA-2014-01695 PA-2014-01695 PA-2014-01695 I s: i3 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 17, 2014 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 #2014-01695, 488 N. Main Street. Signa re of Employee i DocumenQ 11117/2014 CITY OF ASHLAND November 17, 2014 i Notice of Final Decision On November 17, 2014, the Community Development Director approved the request for the following: Planning Action: 2014-01695 Subject Property: 488 N. Main Street Applicant: Michael Lisk Description: A request for a Site Review approval for a change of use to convert the existing office / residential building located at 488 N Main into a medical marijuana dispensary. No changes to the structure are proposed. The location complies with the recently adopted standards regarding location and is considered as special permitted use in the zone. An exception to the Site Design and Use Standards for parking lot landscaping buffering is also requested. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 1E 05DA; TAX LOTS: 3500 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 Winburn Way Fax: 541-552-2050 I Ashland, Oregon 97520 TTY: 800-735-2900 ` www.ashland.orms I SECTION 18.108.070(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 Staff Advisor that a factual error occurred through no fault of the party asking for 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 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 party 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. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2014-01695 SUBJECT PROPERTY: 488 N Main Street j APPLICANT: Michael Lisk OWNER: Vic and Claudia Lively DESCRIPTION: A request for a Site Review approval for a change of use to convert the existing office / residential building located at 488 N Main into a medical marijuana dispensary. No changes to the structure are proposed. The location complies with the recently adopted standards regarding location and is considered as special permitted use in the zone. An exception to the Site Design and Use Standards for parking lot landscaping buffering is also requested. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-l; ASSESSOR'S MAP: 39 1E 05DA; TAX LOTS: 3500 SUBMITTAL DATE: September 26, 2014 DEEMED COMPLETE DATE: October 15, 2014 STAFF APPROVAL DATE: November 17, 2014 FINAL DECISION DATE: November 28, 2014 APPROVAL EXPIRATION DATE: November 29, 2015 DECISION The subject property is a 5,230 square foot rectangular lot on the east side of N. Main Street, located at 488 N Main Street. The property is occupied by an approximately 1,400 square foot structure that has been most recently used as mixed use including office and residential building. There is a covered carport area at the rear of the structure. According to the information provided on the Jackson County Assessors website, the structure is 1,920 square feet. This appears to include the unfinished basement area. According to the Historic Resources Inventory, the structure was constructed in 1910 as the A.M. Beaver rental and is considered a Historic Contributing structure. Sometime prior to 1964 the residence was converted to a commercial use and for many years served as a TV and radio sales and service business. In the 1980s until the early 2000s the structure was used as an office and residence. The subject property is zoned Employment (E-1), the properties to the north, east and south are also zoned E-1. The lot to the north is vacant, the lots to the east are occupied by attached wall, residential condominiums' and the property to the south is occupied by a motel. The properties to the west, across N Main Street are zoned Low Density Multiple Family Residential (R-2). The proposal is to convert the existing mixed use of office and residential uses to the special permitted use as a medical marijuana dispensary. As part of the proposal, the applicant has proposed to modify the existing head-in parking spaces at the rear of the property by turning the spaces to be to the south of the driveway, behind the structure. In order to modify the parking spaces, the applicant has requested an exception to the site design and use standards to not provide the required five-foot buffer between parking spaces and the property line to the east. PA #2014-01695 488 N Main/adg Page 1 Jf 1 fr t The proposal is subject to Site Review approval because the conversion to the medical marijuana dispensary is considered Mercantile or "M" occupancy under Oregon Building Code which is considered more intense. Additionally, applications that modify the parking and circulation of commercial properties, triggers site review approval. The review of the proposal review is subject to the standards from the Site Design and Use Standards for Basic, Detail, and Historic District Development Standards. Though no exterior modifications are proposed and the exterior of the historic contributing structure. Due to the historic layout of the site, with parking between the building and the street, and minimal landscaping, the site is considered non-conforming. Medical marijuana dispensaries are allowed as a special permitted use in the commercial and employment zones along the main arterial streets in town. This site is zoned commercial and is located on N. Main Street, a designated arterial, thus complying with the location standards. There are other requirements adopted in chapter 6.50 of the Municipal Code. These requirements address standards for operation. Including limited hours (9 AM to 7 PM) prohibition of on-site use of product and does not permit manufacture of product or byproducts on-site. The state laws have requirements for security of the facility. Security bars would not be permitted in Ashland Detail Site Review Zone or the Historic District, a condition to this effect has been added. There are four vehicle parking spaces on-site. There is an ADA parking space with an off-loading zone in front of the building and three head-in spaces at the rear of the property at the end of the driveway. The existing spaces are head-in along the rear property line with no landscaping buffer. Because the way j they were installed requires a driver to back onto the vacant lot the north, effectively trespassing, the k applicant has proposed to modify them. The applicant has proposed to install a covered bicycle U-rack I under the modified carport area for two bicycle parking spaces. Due to the constraints on the site of where the existing ADA parking space is located, the area at the front of the property is very limited and there is not room for covered bicycle parking that complies with the measurement standards. The site provides the required number of parking spaces. The dispensary is approximately 820 square feet which requires one parking space for each 350 square feet of floor area for a total of 2.34 parking spaces. An office will be 575 square feet of floor area and requires 1.15 parking spaces; the remaining space at 175 square feet will be used as storage area and requires .25 of a space. The total required number of parking spaces is 3.74 spaces, four are provided, and this is in compliance with the requirements of the municipal code. With the removal of the carport it would be possible for two compact spaces and two standard vehicle parking spaces to be installed providing five spaces. The applicant has proposed to modify the existing head-in parking spaces at the rear of the property by turning the spaces to be to the south of the driveway, behind the structure. The parking area, from the edge of the carport structure to the east property line, identified on the applicant's submittal shows 26 feet. Based on staff's measurements there is 24 feet of area beyond the carport. In order to fit the required parking spaces into the site, the carport canopy will need to be either removed or reduced in width in order to provide the necessary area. Details regarding the proposed surface material of the parking area were not provided with the application. A condition requiring details on parking area construction, including proposed method for capturing surface drainage and proposed material has been added. PA #2014-01695 488 N Main/adg Page 2 As part of the proposal, in order to fit the required size and number of parking spaces .behind the structure, the applicant has requested an Exception to the Site Design and Use Standards to not provide a five-foot landscape buffer between the parking spaces and the east property line. The applicant's findings note the existing parking is head-in with no buffer from the headlights; the modification will reduce the intrusion of headlights. There is a six-foot tall, solid fence along the east property line. With the removal of the carport, two spaces could be installed and the site would comply with the required number of parking spaces and allow for the buffer. Additionally, if the carport was removed, the three proposed spaces installed the site could have five parking spaces. Since the sites current parking is non- conforming, the installation of parking that will not trespass onto the adjacent property, is in compliance with the code. There is demonstrable difficulty in meeting the standards and the trespassing on adjacent properties is alleviated. Additionally, with the exception, it is possible that an additional parking space be provided for above the four required to operate the retail business. There is adequate capacity of City facilities to exist to continue serving the site. There is an overhead electric line servicing the building from a pole on N. Main St. There is an existing curbside sidewalk along the frontage of the parcel; the applicant is not proposing any modifications to public right of way. Comments from the public were received during the public comment period and the concerns raised were in regards to parking and traffic generation. The site complies with the permitted location standards and complies with the required number of parking spaces for a retail establislunent. Traffic data collected by the City of Ashland Public Works Division for N Main Street and Glenn prior to the road diet in 2013 show there were multiple vehicle collisions, a pedestrian / vehicle accident and a bicycle / vehicle accident. Post road diet there have been no reported collisions and average daily trips. on N Main are approximately 9,760 vehicle going south into Ashland and 9,840 vehicles heading north. Glenn Street has an average daily trip count 1,336 vehicles. Based upon the project number of vehicle trips generated by an 840 square foot retail establishment, North Main and surrounding streets are adequate to accommodate conversion of the site to the proposed use. Staff finds that based on the applicants proposed conversion of an office and residence a retail establishment meets the requirements of the Site Design and Use Standards, the Historic District Development Standards and the Site Review criteria. No exterior modifications to the historic contributing structure other than the removal of the later added carport structure. The applicant has proposed minor site modifications to provide adequate parking that does not require the use of land not in their ownership. The applicant has the required number of parking spaces for a retail establishment including an ADA accessible space. The criteria for a Site Review Permit approval are described in AMC Chapter 18.72.070, as follows: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the I G: i PA #2014-01695 488 N Main/adg Page 3 development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. All improvements in the street right-of-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options. The criteria for an Exception to the Site Design and Use Standards are described in AMC Chapter 18.72.090 as follows: A. There is a demonstrable difficulty in meeting the specific requirements of the Site Design and j Use Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Design and Use Standards; and the exception requested is the minimum which would alleviate the difficulty; or B. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Design and Use Standards. (Ord 3054, amended 12/16/2011) The application with the attached conditions complies with all applicable City ordinances. Planning Action 2014-01695 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 2014- 01695 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) That plans for the building permit to modify the occupancy classification of the space shall be applied for and approved prior to any operation of the Medical Marijuana facility. 3) Compliance with Ashland Municipal Code 6.50 regarding operation of a Medical Marijuana Dispensary including all licenses and registrations as required per that code section. 3) The ADA parking space and off-loading zone at the front of the property shall be signed and striped in accordance with the requirements of the American Disability Act. 4) That the details regarding the construction of the parking spaces at the rear of the property, at the rear of the building in order to provide 26-feet for three parking spaces shall be provided with the building permit submittals. The construction details shall include drainage plans and materials. The parking area shall be striped in accordance with AMC 18.92. 5) All exterior lighting shall be appropriately shrouded so as not to permit direct illumination of any adjacent land. Lighting details, including a scaled plan and specifications detailing shrouding, shall be submitted to the Staff Advisor for review and approval with the building permit submittals. 6) That an opportunity-to-recycle site be provided on-site in accordance with chapter 9 of the Ashland PA 92014-01695 488 N Main/adg Page 4 Municipal Code. 7) That the screening for the trash and recycling enclosure shall be installed in accordance with the Site Design and Use Standards. 8) That required bicycle parking spaces according to the approved plan and in accordance with design and rack standards in 18.92.040.1 and J, inspected, and approved by the Staff Advisor prior to issuance of a certificate of occupancy. Inverted a-racks shall be used for the bicycle parking. 9) No security bars or other site obscuring measures that would violate the Site Design and Use Standards by preventing view into the retail space are permitted. 10) That a sign permit in accordance with AMC 18.96 shall be applied for prior to the installation of any signage than is visible to the public right-of-way, internally illuminated and plastic signs are pe tted in the Historic Interest area. ;De l nar, D' ector Date artment o Community Development I PA #2014-01695 488 N Main/adg Page 5 k j a~_ r j j_ 1*,.3 31$'' 307` 411 ~ E W - - ' ,am 4 - }1 cr _ ' CO S S L 1 L i 493 0*1 Main Street/ Glenn Street Traffic Accidents Traffic Count Map Multiple Vehicle Date: 11/03/14SV/Bicycle 0 25 50 SV/Pedestrian 7Feet Mapping is schematic only and bears no warranty of accuracy. All features, structures, facilities, easement or roadway locations should be independently field verified for existence and/or location. ✓ a f J ~I a J~ A f , i S ~ ~ ~f J E ~ t~ I ~ ~ ~ • to PA-2014-01695 488 N Main t t Am Gunter From: maggie purves [motherduckiepur@care2.com] Sent: Tuesday, October 28, 2014 3:49 PM To: guntera@ashland.or.us Subject: COMMENTS Notice of Application 2014-01695 To: Amy Gunter, Assistant Planner City of Ashland Planning Division 51 Winburn Way Ashland, OR 97520 Dear Amy: I am writing to express my strong objections to the proposed conversion of the office/residential building at 488 N. Main to a medical marijuana dispensary. I own the end unit at 499 Lori Lane (corner of Glenn St) as a long-term rental. The vacant lot adjacent to the proposed dispensary is not under the same ownership and is directly behind 499 and 497 Lori Lane, with the other three townhomes directly behind the dispensary building. I believe that the lack of adequate parking will become a major issue, as there are only 4 legal parking spaces for that structure. With so few legal spaces, employees must have to find parking on Glenn St., which already often short of adequate parking for residents and visitors. Another concern about this location revolves around Measure 91 and the potential for legalization of marijuana in Oregon. The thought of this location becoming a retail sales business would immeasurably affect our neighborhood in terms of parking and congestion. I also see a negative effect on surrounding property values, even with a medical dispensary only. There must be a more suitable location in Ashland with adequate parking for patients and employees. At the very least, attach some mitigation to the application which could address some of the issues that I have raised. If you have any questions, please contact me at (cell) 541 441-2014 or (home) 541 846-7412. Thank you for talking with me last week. Sincerely, Margaret Purves` 1190 Slagle Creek Rd Grants Pass, OR 97527 http://www.care2.com the worlds largest community for good. You care; We Caret. Start a petition - we will help you win! http://www.thePetitionSite.con-i/create.html 1 John and Kris Lillichl 1' 2 8 2014 P.O. Box 928 Clatskanie, OR 97016 City of Ashland Planning Dept T f 51 Winburn Way Ashland, OR 97520 To whom it may Concern, My husband and I own the house across Glenn St. at 508 N. Main Street. We received a Notice of Application concerning the property at 488 N. Main Street. We do not oppose the use of the building, but we are concerned about the traffic flow and the use of the adjoining empty lot as a parking lot. The intersection at Glenn and N. Main is very dangerous. If you are trying to turn left off Glenn on to N. Main it can be almost impossible. Additional traffic turning left onto N. Main, due to the dispensary, could increase potential traffic accidents. The other option, when leaving, is for the traffic to use Glenn Street then turn right down Lori Lane, which is what our tenant susu~all~y end up doing to get back to town. In my opinion this street does not need to. more traffic either. I'm pretty sure it was not designed to be a thoroughfare. It is, however, a much safer alternative to taking a left onto N. Main Street. The issue with the adjoining empty lot for us, if it were to be used as a parking lot, would be the dust created. It is currently just dirt and dead weeds. The owners have sprayed the lot heavily with weed killer, killing pretty much all but one variety of weeds. Unless the lot was graveled or paved, the dust in the summer, especially with all the poison, could be a problem for our tenants. If there could be a way to keep cars from parking in that empty lot it would be appreciated. Our house has three designated parking spaces in the condominium parking lot, but our tenants park on the street as well, due to convenience. Several other cars use the street to park. Where they are from, I am not sure. I do know that the cars coming off N. Main onto Glenn Street do so quite quickly and at times are not aware that cars are pulling out after being parked on the street. There is just not a lot of visibility by either driver to predict the situation in advance. Additional cars would increase this hazard as well. I do not want to lose street parking because of this issue. I have spent quite a lot of time working on our rental house over the past two years, so I have been able to observe the traffic flow and use of the area. Traffic safety and dust from the empty lot, from what I can see at this point, would be our only concerns. These are just observations that I hope can help you with this application. Sincerely, Kris Lillich t 2 ..r 10/24/2014 City of Ashland Planning Department 51 Winburn Way Ashland, OR 97520 Ref: Notice of Application. Subject Property: 488 N Main I read with great concern the business application for a medical marijuana dispensary at this location, adjacent and within the neighboring residential areas. The impact of increased vehicle traffic and lack of parking spaces, is very troubling. Currently the cross streets of Glenn and Hersey not only have limited parking available but have become somewhat dangerous, to turn into and out of N Main street. Coming from Medford, a left turn onto these streets, and the proposed 488 N Main site are getting more time consuming with the amount of oncoming traffic from Ashland. As it is, near vehicle collisions, caused by impatient drivers is not uncommon Lori Lane does not and cannot allow any future parking., due to the density of residential buildings, which require the owners to back out of and into Lori Lane. Allowing a permit to the 488 N Main site will, without question effect and increase the traffic pattern on Lori Lane. The undersigned herewith opposes the business permit, for the reasons stated. Yours truly, Ingri A:Boldt 486 Lori Lane Ashland, OR;97520 . 488 N Main Street additional information. Unit 1 (office or storage) = 175 ft Unit 2 (dispensary) = 820 ft I Unit 3 (office) = 400ft The county assessor's office is using the unfinished basement space in their assessed square footage. Unit two would be the retail/dispensary, unit three would be office unit one might be office or storage. 575 square feet for office requires 1.15 parking spaces. 820 square feet for retail requires 2.34 parking spaces for a total of 3.49 or 4 parking spaces. AMC 18.40.030 1. The dispensary is located at 480 North Main St. in Ashland which is a major Boulevard. 2. This is a converted apartment building with the concrete foundation, and no outdoor storage of raw materials or any kind of materials or medical marijuana will not be allowed. 3. We are not doing anything to the outside of the building there are security gate on the back windows that have been there for years. 4. There is no drive-through on this building. 5. There will be no disposal of medicine or by products of medicine on property. 6. 1 have applied for the state license and have not received an answer on that as of yet. Y Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CIT 0,- 541-488-5305 Fax: 541-552-2050 www,ashland.orms TTY: 1-800-735-2900 I- J NOTICE OF APPLICATION PLANNING ACTION: 2014-01695 SUBJECT PROPERTY: 488 N. Main OWNER/APPLICANT: Vic and Claudia Lively/Mike Lisk DESCRIPTION: A request for a Site Review approval for a change of use to convert the existing office / residential building located at 488 N Main into a medical marijuana dispensary. No changes to the structure are proposed. The location complies with the recently adopted standards regarding location and is considered as special permitted use in the zone, An exception to the Site Design and Use Standards for parking lot landscaping buffering is also requested, COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 1E 05DA; TAX LOTS: 3500 NOTE: The Ashland Historic Commission will also review this Planning Action on Wednesday, November 5, 2014 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. i NOTICE OF COMPLETE APPLICATION: October 15, 2014 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: October 29, 2014 j SUBJECT PROPERTY \ SU N MAIN i° j ~ ~ \\9'1E OSDA3500 i 1, 1 z, 5 - l s t - FT-FT-FTrrr1J 012.525 50 Feet R perm i« ¢ra{ rr~nce only, noY sc¢te¢ble 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. 0CX SITE DESIGN AND USE STANDARt 18.72.070 Criteria for Approval The following criteria shall be used to approve or deny an application: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. 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. All improvements in the street right-of-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options. EXCEPTION TO THE SITE DESIGN AND USE STANDARDS 18.72.090 An exception to the requirements of this chapter may be granted with respect to the requirements of the Site Design Standards adopted under section 18.72.080 if, on the basis of the application, investigation and evidence submitted, all of the following circumstances are found to exist: A. There is a demonstrable difficulty in meeting the specific requirements of the Site Design and Use Standards due' to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Design and Use Standards; and the exception requested is the minimum which would alleviate the difficulty; or B. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Design and Use Standards. (Ord 3054, amended 12/16/2011) Glcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2014\PA-2014-01695.docx 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 October 15, 2014 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 #2014-01695, 488 N. Main. *at of Employee Documentt 10114/2014 I Y; t PA-2014-01695 PA-2014-01695 PA-2014-01695 PA-2014-01695 ABBOTT'S DEVELOPMENTS LLC BAMMAN VICTORIA L BOLDT INGRID E A 1085 DEER VISTA LN 311 GLENN ST 486 LORI LANE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01695 PA-2014-01695 PA-2014-01695 BOWLAND SIDNEYJ/SHERI L PETER COLLINS COLLINS CLAIRE TRUSTEE FBO FARIA PATRICIA L PO BOX 1025 482 LORI LN 2933 LINCOLN AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ALAMEDA, CA 94501 PA-2014-01695 PA-2014-01695 PA-2014-01695 NATIONSTAR MORTGAGE LLC FERRIS CHARLES Y TRUSTEE ET AL GAY ALMA FRANCIS 350 HIGHLAND DR PO BOX 929 493 LORI LN LEWISVILLE, TX 75067 OCCIDENTAL, CA 95464 ASHLAND, OR 97520 PA-2014-01695 PA-2014-01695 PA-2014-01695 GREGA SHIRLEY TRUSTEE ET AL GUDGER KENNETH R/DEBORAH C HOWARD JUDITH L 70 COOLIDGE ST 42711 NELDER HEIGHTS DR 90 RIDGE RD ASHLAND, OR 97520 OAKHURST, CA 93644 ASHLAND, OR 97520 PA-2014-01695 PA-2014-01695 PA-2014-01695 JOHNSON MILO K TRUSTEE KENDALL JULIETTE TRSTE FBO KENNEDY KATHERINE M TRUSTEE ET AL PO BOX 1055 6909 NOR FOLK RD 132 GREENWAY CIR FERNDALE, CA 95536 BERKELEY, CA 94705 MEDFORD, OR 97504 PA-2014-01695 PA-2014-01695 PA-2014-01695 KILHAM EDWARD GEARY TRUSTEE ET AL KISTLER MICHELLE DESJARLAIS LEMON ADAM P/SUSAN Z 476 N MAIN ST 557 N MOUNTAIN AVE 451 N MAIN ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01695 PA-2014-01695 PA-2014-01695 LILLICH JOHN G LIVELY VIC/CLAUDIA TRST FBO MELDAHL CATHY C TRUSTEE/ PO BOX 928 PO BOX 3399 681 MAGNOLIA RD CLATSKANIE, OR 97016 ASHLAND, OR 97520 LONGBOAT KEY, FL 34228 PA-2014-01695 PA-2014-01695 PA-2014-01695 THERESA MENDOZA PENSCO TRUST COMPANY PURVES MARGARET Y ROGERS CAROL LEE 50 HORGAN AVE 51 1190 SLAGLE CR RD 327 GLENN ST REDWOOD CITY, CA 94061 GRANTS PASS, OR 97527 ASHLAND, OR 97520 PA-2014-01695 PA-2014-01695 PA-2014-01695 RUBENSTEIN GREGG IVAN BERNELLTRUS SAGER KATHY C ET AL SHERBOW MARK ALAN 817 HUMBOLDT ST 211 600 NEIL CREEK RD 985 OVERLOOK DR SAN MATEO, CA 94401 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01695 PA-2014-01695 PA-2014-01695 SMITH CONSTANCE L STONG JON S TRUSTEE ET AL THOMPSON BRENT TRUSTEE ET AL 935 CIENEGUITAS RD C 655 CHERRY ST P 0 BOX 201 SANTA BARBARA, CA 93110 SANTA ROSA, CA 95404 ASHLAND, OR 97520 PA-2014-01695 PA-2014-01695 TWI EST AMY K LISK MIKE 332 HELMAN ST 5717 FISHERS FERRY RD. ASHLAND, OR 97520 GOLD HILL, OR 97525 oc I i I i I 1'~111I Ii 440-004 8& WKW 2 i 327 35 # aW t 34" 32D 1 3402 - 3403 i I 31 (OKO 7 3A I 300 3001 .i L 2 3 7100 ~E t t f E i ~ t t I II ,t E I 1 'p ppg I IND 6 i 4 ( 4_ II t 6 t I i t tf s tl - dt 9t p.. a~a z [ r { September 25, 2014 Amy Gunter City o Ashland Planning Dept. Regarding site plan and findings for 488 N Main St Ashland, : The orientation of said building is now non-conforming and would remain non-conforming but what we plan to do would be to improve the building for us and for the neighborhood. Here is my site plan and written findings on addressing how the city ordinances criteria are and will be satisfied. Most of the information asked for will not be relevant due to the minimal or no changes to the building or property with the exception of the usage and the parking. The only changes to the building would be to change the residential usage back to office and mercantile/retail. The building had previously been used for off ices and retail. Unit 1 & 3 will be used as office space and unit 2 would be used as retail/mercantile, this would eliminate any need for fire separation between different uses. Regarding the parking, I am having difficulty meeting the specific requirements of the Site Design and Use Standards due to the size of the lot and the placement of the existing structures. An exception will not negatively impact adjacent properties and the exception is consistent with the stated purpose of the Standards. The exception requested is the minimum which would alleviate the difficulty. With regard to parking: There is one existing handicap parking spot in the front and it,will stay as is. SP 2 6 2014 t Parking in the back will be moved immediately to the south, allowing the old parking spaces to be used as a place to backup and as a turnaround area. This would be safer a vehicles would not have to back onto Main t when leaving. Also it would minimize headlight intrusion to the residential neighbors to the east. In conclusion there is one existing handicap and one drop off spot in the front. There will b three parking spot in the back, with a turnaround and backup area. Landscaping: no new landscaping i to be done, but some will be removed to allow for additional parking spaces. Screening Standards: There is a fence on the south and east property line. There will be screening in the old carport to conceal trash receptacles. The other change is the covered parking space in the back would then be converted into covered bicycle parking area and a screened area for trash. Street trees: no street trees will be altered. Water conserving guidelines: The backyard will be smaller requiring reduced water usage. Historic district: nothing new will be done to the outside of the building. In response to our list: A. Does not apply , C, D, , , & G. Are all on the new site map, refer to site map H. Zoning is El I. To the properties north and south of said address are also zoned 1 J. There are two fences on said property which ar p, ~e2 quth and west property lines. There is only on structure on said ti address. All fencing is to remain. Existing parking spaces in the back are to be immediately moved to the south with asphalt and the old space will be used for backup and turnaround area. The covered parking area will used for covered bike parking and an area to be screened for trash. (See site map). Everything else to remain the some. K. I. Water meter size is the location i on the it map. 2 & . Not available. 4. Shown of map, please see map.. L, M, N, O do P. Not available, all existing. Please see map. R. See map. S, To U, V, W. Not available, all existing. X-1a, b, c. Not available, all existing. X-1d. One handicap spot and one unloading spot existing in front of building to remain the same. Three regular parking spots in the back, and one or more covered bike parking spots in the back. X-1e. Approximately 100 sq. feet back right corner of site map, (see map). can make the yard area larger with parking being smaller or make the parking larger and the yard smaller, depending on the preference of the city. X-2. Not available, all existing. ignage is still to be determined but will comply with all city requirements. Thank you for your time, any questions please call me at 541-951-6904. Sincerely, Mike Lisk P 2 6 2014 d i Cq 340 do S P 2 6 201, 4 a i IAWJlweb-jwJ=ncwanty"WpdaWVR=oAfm 2 014 NIN PERMIT APPLICATION Planning Department 51 Winburn Way, Ashland OR 97520 FILE CITY OF 541-488-5305 Fax 541-488-6006 ASHLAND DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY n~ Street Address a Assessor's Map No. 391 E Tax Lot(s) Zoning Comp Plan Designation APPLICANT Name Phone E-Mail Address City Zip PROPERTY OWNER Name : s Phone all( -E-Mail Address City Zip SURVEYOR, ENGINEER, ARCHITECT. LANDSCAPE ARCHITECT OTHER Title Name Phone E-Mail Address City Zip Title Name Phone E-Mail Address City Zip 1 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. 1 further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that l 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. Failure in this regard will result most likely in, riot only-the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at my expense. 1 f (have any doubts, I am a6ised to seek competent professional advice and assistance. Applicant's Signature Date As owner of the propertyinvolved in this request, l-have read and understood the complete application and its consequences to me as a property owner. ° Property Owner's Signature (required) Date [To be completed by City Staff] Date Received Zoning Permit Type Filing Fee $ OVER 0 r .,,,,,.„_d~„ 11-d„ 107,,,,c P-,if n,, d -fl, , r d,- FL Job Address: 488 N MAIN ST Contractor: ASHLAND OR 97520 Address: ,e, C Owner's Name: LIVELY VIC/CLAUDIA TRST FBO 0 Phone: P Customer 07907 N State Lie No: L MIKE LISK T City Lie No: I Applicant: R Address: A C C Sub-Contractor: A Phone: (541) 951-6904 T Address: N Applied: 09/26/2014 O T Issued: Expires: 03/25/2015 Phone: Maplot: 391E05DA3500 State Lie No: City Lie No: DESCRIPTION: Type 1 Comm site review VALUATION Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description Total for Valuation: MECHANICAL ELECTRICAL STRUCTURAL e: PERMIT FEE DETAIL Fee Description Amount Fee Description Amount Commercial Site Review (typel) 1,017.60 CONDITIONS OF APPROVAL I c 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