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HomeMy WebLinkAboutHersey_50_PA-2017-00813 CITY -ASHU.--& Junel, 2017 I Notice of Final Decision On June 19, 2017, the Community Development Director approved the request for the following: Planning Action: PA-2017-00813 Subject Property: 50 W. Hersey Applicant: Ashland Christian Fellowship I Description: A request for a Conditional Use Permit (CUP) to operate food carts and musical performances in the parking lot and outdoor seating area in conjunction with evening church activities. The proposal is for on evening a week from 6:30 p.m. to 8:00 p.m. The Community Development Director's decision becomes final and is effective on the 12th day after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months 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) 18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). 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 Maria Harris in the Community Development Department at (541) 488-5305, cc: Parties of record and property owners within 200 ft t. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305 51 Winburn Way Fax: 541-552-2050 TTY: Ashland, Oregon 97520 800-735-2900 I_,r SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice) E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to subsection 18,5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision. F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below. 1. Any party entitled to notice of the planning action, or any City department 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, 2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If the 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 days to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm modify, or reverse to any party entitled to notice of the planning action. 4. 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. G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following: 1. Who May Appeal. The following persons have standing to appeal a Type I decision. a. The applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050.B. c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline. 2. Appeal Filing Procedure. a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. 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. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed. c. Content of Notice ofAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. i. An identification of the decision being appealed, including the date of the decision. ii. A statement demonstrating the person filing the notice of appeal has standing to appeal. iii. A statement explaining the specific issues being raised on appeal. iv. A statement demonstrating that the appeal issues were raised during the public comment period. d. 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. 3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant ordinance provision. 4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures, pursuant to section 18.5,1.060, subsections A - E, except that the decision of the Planning Commission is the final decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 r 1 t ASHLAND PLANNING DEPARTMENT I. FINDINGS & ORDERS PLANKING ACTION: PA-2017-f 00813 SUBJECT PROPERTY: 50 W. Hersey St. OWNER/APPLICANT: Ashland Christian Fellowship DESCRIPTION: A request for a Conditional Use Permit (CUP) to operate food carts and musical performances in the parking lot and outdoor seating area in conjunction with evening church activities. The proposal is for on evening a week from 6:30 p.m. to 8:00 p.m. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 391E04CD; TAX LOT: 1200. SUBMITTAL DATE: May 5, 2017 DEEMED COMPLETE DATE: May 24, 2017 STAFF APPROVAL DATE: June 19, 2017 FINAL DECISION DATE: July 3, 2017 (at 4:30 p.m.) APPROVAL EXPIRATION DATE: January 3, 2018 DECISION The proposal is to operate food carts and musical performances in the parking lot and outdoor seating area in conjunction with evening church activities one evening a week. The subject property is located in the Employment zone (E-1) and the Detail Site Review overlay. The Ashland Creek flood plain also extends into the site. The subject property is a corner lot bounded by Oak and Hersey streets. Ashland Creek is located at the western boundary of the property, and the railroad tracks are located at the southern boundary. The developed portion of the site sits well below the grade of Oak Street. The combination of the drop from Oak Street and the creek and railroad track at the,side and back of the property result in the site being somewhat physically isolated from the surrounding commercial neighborhood to the south, west and east. Additionally, the residential neighborhoods to the north are also some distance away from the property because the Ashland Creek flood plain has-prevented residential development directly north of the site. The subject property is located at 50 W. Hersey St. and is the home of the Ashland Christian Fellowship. According to-the application, the lot is 3.42 acres in size. The site contains threebuildings on the northern portion of the property with one building located at the corner of Hersey and Oak streets, one near Hersey -St., and a third building in the interior of the site. There is an existing outdoor seating area in the interior of the site which is used for outdoor services on Sunday mornings in the summer months. According to the application, there are 132 parking spaces on site and these spaces are situated tl~oughout the site. The proposal is to have food-cart trucks and musical performances one evening a week to encourage families to attend bible and youth study programs. The setup would begin at 4:00 pm and the food and performances would end at 8:00pm. The proposal is to have musicians performing in the outdoor seating area which is located behind the building near Hersey St. The performance area is the same location where- Sunday services are held. The activity is considered a temporary use because it would be held one night a week and limited to the warmer months. PA-2017-00813 50 W. Hersey St./rah Page 1 i i The applicants have submitted materials to the Planning Department that demonstrate compliance with the criteria within the Conditional Use section of the Ashland Municipal Code for an outdoor temporary use. A religious institution is a conditional use in the Employment (E-1) zone. The church has been in place over three decades in the current location after receiving the original Conditional Use Permit, as well as a Site Design Review approval and a Physical Constraints Review Permit to building in the floodplain, in 1987 (PA 87-136). The site is currently serviced by City facilities including water, sewer, storm drainage, electric and transportation. The criteria for a Conditional Use Permit require a comparison of the proposed use with the target use of the property. The target use of the property is an office building approximately 75,000 square feet in size. An office building of this size would require 215 parking spaces. According to the Institute of Transportation Engineers, a 75,000 general office building would generate 6,000 to 15,000 vehicle trips per day on the weekend and weekdays respectively. In staff's observation, the current activities on the site do not generate nearly this high of volume of traffic. In addition, the application estimates 30-35 vehicles will attend the events which again is significantly lower than that of the target use. Since the site includes 132 parking spaces, there is enough parking on site to allow the use of some parking spaces for the food carts with ample spaces available to accommodate parking. In terms of scale, bulk and coverage, the vehicles and any outdoor canopies associated with the proposed use are temporary and therefore will not impact the architectural compatibility with the site or surrounding area. The application states that no additional light or glare will be generated by the temporary use. The proposal does involve the generation of noise but the application says the music will end by 8:00 p.m. The approval criteria for a Conditional Use Permit are in AMC 18.5.4.050.A-as follows: A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. 1. 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. 2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. 3. 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, pursuant with subsection 18.5.4.050.A.5, below. 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. a. Similarity in scale, bulk, and coverage, b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass- transit use-are-considered beneficial regardless_ ofcapacity -of facilities. c. Architectural compatibility with the Jhnpact area. d. Air quality, including the generation of dust, odors, or-other environmental pollutants. e. Generation of noise, light, and glare. f. The development of adjacent properties as-envisioned in the Comprehensive Plan. g. Other factors found to be relevant by the approval authority for review of the proposed use. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant PA-2017-00813 50 W. Hersey St./mh Page 2 to this ordinance. 5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone are as follows fa, b, d -1, not included as not applicable]. c. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. In staff's assessment, the application with the attached conditions complies with applicable ordinances and meets all required criteria for a Conditional Use Permit. Planning Action #2017-00813 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 #2017- 00813 is denied. The following are the conditions and they are attached to the approval: 1. That all proposals of the applicant be conditions of approval unless otherwise modified here. 2. That any sound (e.g., music) generated by the temporary outdoor use will meet the requirements of Ashland Municipal Code (AMC) 9.08.170. 3. That any outdoor lighting shall meet the requirements of AMC 18.4.4.050. 4. That any signage for the temporary outdoor use shall meet the requirements of AMC 18.4.7. 5. That the food trucks and associated area shall meet the requirements of (e.g., spacing) and be inspected by the Ashland Fire Department. _ dune- 19, 2017 Bi o nar, ommunity Development Director Date j I" k' PA-2017-00813 50 W. Hersey St./mh Page 3 i 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 June 21, 2017 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 #PA-2017-00813, 50 W. Hersey. -VoWn W ~L(j& Si ture of Employee C:IUsersltrappr\DesktoplTemplatesVAFFIDAVIT OF MAILING_Regan.doa 6/19/2017 ' 5160® i Easy PeeloAddress Labels Go to avery.com/templates ! " ® I Bend along line to expose Pop-up Edge" Use Avery Template 5160 1 ; i PA-2017-00813 391 E04CD 4500 j PA-2017-00813 391 E04CD 1200 t PA-2017-00813 391 E04CC 100 ADAMS ADRIENNE T ASHLAND CHRISTIAN FELLOWSHIP BAGLEY CANNING CO 941 CYPRESS POINT LP 50 W. HERSEY ST PO BOX 365 ASHLAND, OR 97520 ASHLAND, OR 97520 TALENT, OR 97540 PA-2017-00813 391 E04CD 4600 PA-2017-00813 391 E04CD 1906 PA-2017-00813 391 E04CD 1905 BROWN WILLARD L TRUSTEE ET AL CLEAR CONCEPTS OF OREGON LLC ! CLEAR CREEK INVESTMENTS LLC 630 LEONARD ST 1235 WESTMONT DR 845 OAK ST I ASHLAND, OR 97520 JACKSONVILLE, OR 97530 ASHLAND, OR 97520 I I PA-2017-00813 391 E04CD 500 PA-2017-00813 391 E04CD 803 PA-2017-00813 391 E04CD 804 CUMMINGS MICHELLE THERESE GOGUEN JAMES A GRACE JAMES MALCOM 107 GRANITE ST 368 KENT ST 4205 CASWEL AVE ` ASHLAND, OR 97520 ASHLAND, OR 97520 AUSTIN, TX 78751 i PA-2017-00813 391 E04CD 4400 PA-2017-00813 391 E04CC 1900 PA-2017-00813 391 E04CD 1400 GRAY DENNIS J TRUSTEE ET AL HOBSON RONALD CLIFTON/MARCIA JILL HODGINS ROBERT C TRUSTEE ET AL 27 W HERSEY ST ; 102 PLEASANT VIEW 630 E VALLEY VIEW RD ASHLAND, OR 97520 TALENT, OR 97540 i ASHLAND, OR 97520 PA-2017-00813 391 E04CD 4300 I PA-2017-00813 391 E09BA 14900 PA-2017-00813 391 E04CD 403 NIEMANN MICHAEL EIWHEELER- PLEXIS HEALTHCARE SYSTEMS INC TIMMENS J T/MARCY BEHRINGER NIEMANN JOANNA 340 OAK ST 540 OAK ST 31 W HERSEY ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-00813 391 E04CC 5800 PA-2017-00813 391 E04CC 5801 PA-2017-00813 391 E04CC 5700 VAN AUSDALL JOHN MICHAEL VANDERZWAN LISA DAWN VARNEY MARIANNE 40 VAN NESS AVE 337 OAK ST P 0 BOX 744 ASHLAND, OR 97520 ASHLAND, OR 97520 I ASHLAND, OR 97520 i PA-2017-00813 391E04CD 514 URBAN DEVELOPMENT SERVICES LLC 50 W Hersey ZUNDEL JEFFREY ROBERT 604 FAIR OAKS COURT NOD tttlTf fv11 q~ 107 GRANITE ST ASHLAND, OR 97520 ASHLAND, OR 97520 20 I I ! I ! j ~ I I I I ' Pat: avery.com/patents Etiquettes d'adresse Easy Peel® Allez a avery.ca/gabarits ' 1 Repliez A la hachureafin de r6v6ler le rebord Pop-up" 1 Utilisez le Gabarit Avery 51601 i Planning Department, 51 Wi.,.,urn Way, Ashland, Oregon 97520 1 541-488-5305 Fax: 541-552-2050 www.ashland.or,us TTY; 1-800-735-2900 NOTICE OF APPLICATION PLANNING ACTION: PA-2017-00813 SUBJECT PROPERTY: 50 W. Hersey St. OWNERIAPPLICANT: Ashland Christian Fellowship DESCRIPTION: A request for a modification of the exiting Conditional Use Permit for a religious organization for the property located at 50 W. Hersey St. The proposal involves operating food carts in a portion of the parking area and musical performances in the outdoor seating area in conjunction with evening church activities. The proposal is for one evening a week from 6:30 p.m. to 8:00 p.m. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 391E 04CD; TAX LOT: #1200. NOTICE OF COMPLETE APPLICATION: May 24, 2017 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: June 7, 2017 3 ~ b' ~PA #2017-0©813 w~ 50W.HERSEYST.' 15UBJECT PROPERTY ASH j ASH LAUD CHRISTIAN FELLOWSHIP l~ - r S l f' N cJ l~• tE ae 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 Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.G) 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. G:\comm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2017\PA-2017-00813.docx E CONDITIONAL USE PERMITS 18.5.4.050.A A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. 1. 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. 2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. 3. 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, pursuant with subsection 18.5.4.050.A.5, below. 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. j a. Similarity in scale, bulk, and coverage. b. Generation of traffic and effects on surrounding streets, Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. c. Architectural compatibility with the impact area. d. Air quality, including the generation of dust, odors, or other environmental pollutants. e. Generation of noise, light, and glare. j f. The development of adjacent properties as envisioned in the Comprehensive Plan, g. Other factors found to be relevant by the approval authority for review of the proposed use. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. 5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone are as follows. a. WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. b. R-1. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential j Zones. c. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. e. C-1-D. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 1.00 gross floor to area ratio, complying with all ordinance requirements, f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. g. M-1, The general light industrial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, complying with all ordinance requirements. h. CM-C1. The general light industrial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.50 gross floor to area ratio, complying with all ordinance requirements. i. CM-OE and CM-MU. The general office uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area, complying with all ordinance requirements. k. CM-NC. The retail commercial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area ratio, complying with all ordinance requirements. 1. HC, NM, and SOU. The permitted uses listed in chapters 18.3.3 Health Care Services, 18.3.5 North Mountain Neighborhood, and 18.3.6 Southern Oregon University District, respectively, complying with all ordinance requirements. GAcomm-dev\planning\Planning Actions\Noticing Folder\Mailed Notices & Signs\2017\PA-2017-00813.docx 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 5/24/171 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 #PA-2017-00813, 50 W Hersey. c Signature of Employee DocumenW 5123/2017 i PA-2017-00813 391 E04CD 4500 PA-2017-00813 391 E04CD 1200 PA-2017-00813 391 E04CC 100 ADAMS ADRIENNE T ASHLAND CHRISTIAN FELLOWSHIP BAGLEY CANNING CO 941 CYPRESS POINT LP 50 E HERSEY ST PO BOX 365 ASHLAND, OR 97520 ASHLAND, OR 97520 TALENT, OR 97540 PA-2017-00813 391 E04CD 4600 PA-2017-00813 391 E04CD 1906 PA-2017-00813 391 E04CD 1905 BROWN WILLARD L TRUSTEE ET AL CLEAR CONCEPTS OF OREGON LLC CLEAR CREEK INVESTMENTS LLC 630 LEONARD ST 1235 WESTMONT DR 845 OAK ST ASHLAND, OR 97520 JACKSONVILLE, OR 97530 ASHLAND, OR 97520 PA-2017-00813 391 E04CD 500 PA-2017-00813 391 E04CD 803 PA-2017-00813 391 E04CD 804 CUMMINGS MICHELLE THERESE GOGUEN JAMES A GRACE JAMES MALCOM 107 GRANITE ST 368 KENT ST 4205 CASWEL AVE ASHLAND, OR 97520 ASHLAND, OR 97520 AUSTIN, TX 78751 k PA-2017-00813 391 E04CD 4400 PA-2017-00813 391 E04CC 1900 PA-2017-00813 391 E04CD 1400 GRAY DENNIS J TRUSTEE ET AL HOBSON RONALD CLIFTON/MARCIA JILL HODGINS ROBERT C TRUSTEE ET AL 27 W HERSEY ST 102 PLEASANT VIEW 630 E VALLEY VIEW RD ASHLAND, OR 97520 TALENT, OR 97540 ASHLAND, OR 97520 PA-2017-00813 391 E04CD 4300 PA-2017-00813 391 E09BA 14900 PA-2017-00813 391 E04CD 403 NIEMANN MICHAEL E/WHEELER- PLEXIS HEALTHCARE SYSTEMS INC TIMMENS J T/MARCY BEHRINGER NIEMANN JOANNA 340 OAK ST 540 OAK ST 31 W HERSEY ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-00813 391 E04CC 5800 PA-2017-00813 391 E04CC 5801 PA-2017-00813 391 E04CC 5700 VAN AUSDALL JOHN MICHAEL VANDERZWAN LISA DAWN VARNEY MARIANNE 40 VAN NESS AVE 337 OAK ST P 0 BOX 744 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-00813 391 E04CD 514 50 W Hersey ZUNDEL JEFFREY ROBERT NOC 5/24/ I 107 GRANITE ST 19 ASHLAND, OR 97520 11 rl 1t Ala I c 0 U1 I° I'I j av , Vj 11; 744 i # 80 a a` Wt 80;j N I VA Yell N 1 4406 -520-D 2fl-a 2 10 .5 DO I~ Ra A04 Ir E~~1 406 1800 ~ 513. 514 1 201 519" ~1 3 120 11fr1, 18)01 i #c ql' r f Mol 3 s ' p 2 I ` e lbuol 1.4"D ZONING IT APPLICATION Planning Division CITY OF 51 Winburn Way, Ashland OR 97520 541-488-5305 Fax 541-488-6006 FILE A SHLAND DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES ❑ NO Street Address Assessor's Map No. 391 E Tax Lot(s) ) Zoning - Comp Plan Designation APPLICANT Name Phone -E-Mail Address City Zip PROPERTY OWNER Name Phone 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. /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 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. Failure 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 removed at my expense. ff I have any doubts, l am advised to seek competent professional advice and assistance. Applicant's Signature Date As owner of the property involved 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 fro be completed by City Stafq Date Received Zoning Permit Type Filing Fee $ OVER N G:komm-dev\planning\Fonns & HandoutsVoning Pemut Applicafion.doc t PROJE CT DESCRIPTION AND FINDINGS OF FACT FOR A MODIFICATION OF A CONDITIONAL USE PERMIT FOR INTERMITENT FOOD TRUCK VENDING USE AND OUTDOOR ACTIVITIES DURING THE SUMMER MONTHS WITHIN THE PARTING LOT OF THE ASHLAND CHRISTIAN FELLOWSHIP PROPERTY9 LOCATED AT 50 WEST HERESY STREET is li I! L, C Ashland Christian fellowship 50 W. Hersey Street I. SUBMITTED TO CITY OF ASHLAND PLANNING DEPARTMENT ASHLAND, OREGON SUBMITTED BY URBAN DEVELOPMENT SERVICES9 ILC 604 ]FAIR OAKS CURT ASHLAND, OR 97520 MAY 5Tx, 2017 Page I of 7 I t ADDRESS & LEGAL DESCRIPTION. 50 W. Heresy Street, Assessor's Map 391E 04CD Tax Lot 1200 j! PROJECT INFORMATION: c APPLICANT: LAND USE PLANNING: Ashland Christian Fellowship Urban Development Services, LLC 50 W. Heresy Street 604 Fair Oaks Court Ashland, OR 97520 Ashland, OR 97520 COMPREHENSIVE PLAN DESIGNATION: Employment ZONING DESIGNATION: E-1 APPLICABLE ORDINANCES: Conditional Use Permit, Chapter 18.5.4.050 APPLICATION FEE: $1,022 PROPERTY DESCRIP'T'ION: The subject property is on the southwest corner of Oak and Heresy Streets, Ashland, and is 3.42 acres in area. Ashland Creek abuts the west property line and the Central Pacific rail line abuts the south property line. A majority of the property is relatively flat, but there are steep slopes along the Oak Street frontage and along the railroad tracks giving the site the impression of being in a hole. The property has roughly 430' of street frontage along Heresy Street and 550' along Oak Street. Since the early 1990's, the property has been owned and in-use by the Ashland Christian Fellowship Church. The property has three buildings which include a single-story sanctuary wing located along Heresy Street, the youth center on the corner of Oak and Heresy Street and the multi purpose wing located between the other two buildings. The church has 132 on-site parking spaces along with landscaping dispersed throughout the property. Based on a 1:24' ratio, less driveways and street intersections, roughly another 30 parking spaces exist along the abutting streets for a total of 153 parking spaces, primarily only fully occupied during Sunday services. PLANNING ACTION PROPOSAL: The applicants desire to obtain a Modification of their existing Conditional Use Permit (PA-1987-0136) for the Ashland Christian Fellowship Church to operate an intermittent use of at least three food-cart trucks, in order to enhance and encourage more families to stay and attend the bible and youth study programs on Wednesday nights which last from 6:30 p.m. to 8:00 p.m. The food-cart trucks would generally setup at 4:00 p.m. and close down at 7:00 p.m. Along with the trucks, the church is proposing to have local church musicians and artists to play music in the outdoor seating area which is nestled between the sanctuary and multi-purpose room and family-centered activities within the gym. Page 2 of 7 t PROPOSAL'S DETAILS Parking: The parking lot contains 132 parking spaces, not including any street parking (roughly 30 on- street spaces, less driveway openings and intersection setbacks). The food trucks would consume 12 parking spaces leaving 120 available on-site spaces. As identified with the attached aerial site plan, the area where the food trucks will be operating will also include some traffic management cones to coordinate vehicular movements around the food trucks where people are likely to congregate. Based on the Church's current findings, the parking lot on Wednesday nights is roughly 30 - 35 vehicles with 80 - l OQ attendees, including children. The applicants do not anticipate a significant increase in cars or attendees, but for the purpose of the Conditional Use Permit application, the church's estimates are based on a "liberal" estimate out of optimism in order to later justifiably expand the numbers as long as they remain within the confines of the Conditional Use Permit. As such, if the number of participants "double" on Wednesday nights and there is some attendance by other Ashland citizens, roughly 100 people, the parking demand would be 110 to 120 vehicles (30 to 35 currently + 30 to 35 proposed + 50 for Ashland citizens (assuming 1 car : 2 people ratio)) which can be accommodated 100% on-site. However, people tend to park where convenient, similar to summer Sunday services, park along the property's street frontage. Sound Decibels / Duration: As noted, the Church currently holds outdoor services on Sunday mornings in the summer months (May to September), depending on weather. The venue is within the outdoor seating area located between the sanctuary, multi-purpose room and the tall hedge of Cypress trees along the west edge of the service area (see aerial plan). The music and volume during these events is kept under 70 decibels (measured at the property line) which is the church's intent for the Wednesday night events. No greater than 70 decibels at the property lines and all amplification will end no later than 8:00 p.m. Note: The applicants contend the sound is usually much less than 70 decibels when standing along the street or' adjacent properties due to the location of the buildings or trees, but also the natural features of the site with Ashland Creek along the west and the steep embankments on the south and east sides. Further, in conversation with the Planning staff, there are only three residences within 455' of the proposed food truck and outdoor seating area and to date; no complaints are known to the church's current administration. Si na e: The applicants anticipate the need for only two small "incidental" signs, each less than 2 square feet, in order to direct people back to the food trucks. The incidental signs are anticipated to be behind the sidewalk (on private property) identifying the event and directing vehicle circulation. All signs will meet the requirements of 18.2.4 of the Ashland Municipal Code. No vendor signing along the public rights-of- way will be permitted. Vendors will have signage on their vehicles or on sandwich boards (typical) for menu items, but all such signage will be within the confines of the food service area. Fire Department: All food trucks, in accordance with the communications with the Ashland Fire Department, will meet current fire codes and have a certificate of inspection. NOTE: Since most of the food truck operators already have Medford Fire inspection certificates, we are proposing all food truck vendors must possess a current certificate of inspection from either Ashland or Medford Fire. Electric Services: The church currently has 20 amp GFf service in the area of the outdoor seating area and no modification of the current electrical layout has been deemed necessary. Commercial electrical extension cords will extend to the trucks where necessary, but will be tacked securely and safely to the surface. Page 3 of 7 j t Refuse: Trash receptacles will be provided on either end of the food trucks and near the outdoor seating area. All receptacles will be emptied by the end of the night. Bathrooms: There are existing bathroom facilities within the multi-purpose room that can easily accommodate the anticipated guests. t FINDINGS OF FACE' The following required findings of fact have been provided to ensure the proposed project meets the Conditional Use Permit criteria as outlined in 18.5.4.050 in the Ashland Municipal Code (AMC). i For clarity reasons, the folloi44ng documentation has been formatted in "outline " form with the City's approval criteria noted in BOLL) font and the applicant's response in regular font. Also, there are a number of responses that are repeated in order to ensure that the findings of fact are complete. 8.5.4.050 Conditional Use Permit - Approval Criteria A. Approval Criteria. A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. 1. 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. To the best of the applicant's knowledge, the proposed 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. The property is zoned E-1 with a Comprehensive Plan Designation of Employment which allows a variety of uses, including restaurants, manufacturing, storage yards, etc. The church is a "permitted" use within the zone, but only "conditionally" when and if it ineets the applicable criteria. 2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. Adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the Ashland Christian Fellowship property is provided. Adequate transportation is currently provided to the property along Heresy and Oak Streets and there is no indication the proposed use for increased activities as described herein would cause a decline in transportation services or City facilities beyond what already occurs during the church's busiest event - summer Sunday morning services or special ceremony events such as Easter or Christmas. Page 4 of 7 3. 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, pursuant with subsection 18.5.4.050.A.5, below. 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. The subject property is zoned E-1 (Employment), 3.42 acres in size and is within the City of Ashland's Detail Site Review Zone. In accordance with the above, the proposed temporary food cart trucks and outdoor activity use is to be evaluated based on the zone's target use as described below under AMC 18.5.4.050 A.5.f which reads as follows: AMC 18.5.4.050 A. 5.f. The general office cases listed in chapter 18.2.2 Rase Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. Based on the particulars of the site, the target use would be a 74,487 square foot office building (lot size x .50 FAR = 74,487 sq. ft.). When one evaluates the possible effect of the proposed use (3 food cart vending trucks, 160 - 200 attendees (double existing), plus 100 guests which not only generates less occupants, less vehicle trips and less parking demand then current church events, but the applicants contend the "intermittent use" on Wednesday nights in the summer, from 5:00 p.m. to 8:00 p.m. will not have a greater adverse material effect,on the livability of the impact area when compared to the zone's target use of a 74,487 square foot office building. When comparing the two uses, the applicants contend that parking for a 74,487 square foot office would require 149 parking spaces - all day Monday - Friday where as the proposed use only requires 110 to 120 parking spaces on a Wednesday night, from 4:00 p.m. to 8:00 p.m. Further, when comparing the two uses, vehicular trip generation (based on the Institute of Transportation Engineers Trip Generation Manual, 7a' Edition) a 74,487 square foot office building would have 16.58 vehicle trips per 1,000 sq. ft. of office space or 1,233 vehicular trips where as the proposed use is likely to have only incoming and outgoing trips once per day or 220 to 240 vehicular trips. a. Similarity in scale, bulk, and coverage. The scale, bulk and coverage of the building would not change as the proposed use as it is an outdoor activity with no building structures proposed. b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. As noted above, in Criterion #3, the applicants contend the proposal to modify the existing Conditional Use Permit for the Ashland Christian Fellowship Church to operate an intermittent use of at least three food-cart trucks in combination of some outdoor activities in order to enhance and encourage more Page 5 of 7 I families to stay and attend the bible and youth study programs on Wednesday nights will not generate an increase of traffic or effect surrounding streets any more than what a 74,487 square foot office building would generate. Note: due to the nature the environment and time of the year, the applicants contend more people will walk or ride their bikes to the Wednesday night events than would a typical office, but that finding is only anecdotal. c c. Architectural compatibility with the impact area. The buildings' architecture will not change as the proposed use as it is an outdoor activity with no building structures proposed. d. Air quality, including the generation of dint, odors, or other environmental pollutants. The proposed use will not create any additional air quality issues or generate any environmental pollutants, when compared to a 74,487 square foot office building, as the use is simply food vending and outdoor music. e. Generation of noise, light, and glare. The proposed use will generate additional noise, but the noise will remain within acceptable levels of 70 decibels when measured at the property line with all music ending at 8:00 p.m. No additional light or glare is expected to illuminate off the property. L The development of adjacent properties as envisioned in the Comprehensive Plan. The proposed use will not impact adjacent properties as envisioned in the City's Comprehensive Plan any more than the cur7ently approved use or the zone's target use - a 74,487 square foot office building. The applicants' believe the proposal will "enhance" the use of the property, provide some outdoor and recreational entertainment for members and guests without negatively impacting adjacent properties. g. Other factors found to be relevant by the approval authority for review of the proposed use. To the best of the applicants' knowledge, there are no other factors that could be thought where the proposed use would be more impacting to neighboring properties, streets or infrastructure than what is permitted out-right or as measured against the E-1 zone's target use. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. The proposed use is not a prohibited use or one that is not permitted by ordinance. For the purposes of this application and the category of permitted uses, the subject use is an intermittent use affiliated with the existing church. Page 6 of 7 1 i' S. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone are as follows. f R®1. The general office uses listed in chapter _ 2 Rase Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements, and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. See responses from above - pages 4 - 6. CONCLUSION: The applicants contend the proposal will be a small intermittent event with limited off- site notice, but one that they hope will spur more family activity for their church, while also providing some entertainment and fun activities for other families within the community. Attachments: Aerial Site Plan Page 7 of 7 p ~ p C ti .59 - p a ,n O. O O O 'Y O 6' 06 - 2 = Y s 3 v 4 w m z L°o z a v -o N 0 0 -6 B 'c m v£ o `o m o. a a s c -o 'x c y, c a N a c o o co n on a u = v w cn o o o v o a> o a Q = .x ti 'o 'o o -o o Et Q =tn F- ~io> omooti s~>>vto~ v 1 Fy ETA W. ~ Orr ~ p P ~ si- JI, Aa, 19 39r 3~ Y u- i lit s 44 47 , Job Address: 50 HERSEY ST W Contractor: ASHLAND OR 97520 Address: C A Owner's Name: ASHLAND CHRISTIAN FELLOWSHIP 0 Phone: N State Lic No: ~ Customer 03352 ASHLAND CHRISTIAN FELLOWSHIP T City Lic No: L Applicant: 50 W HERSEY ST R Address: ASHLAND OR 97520 A C C Sub-Contractor: A Phone: T Address: N Applied: 05/05/2017 O T Issued: Expires: 11/01/2017 Phone: State Lic No: Maplot: 391 E04CD1200 City Lic No: DESCRIPTION: Conditional Use Permit for food carts 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 1,022.00 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 C I T F LAN i C i I i c I l L I hereby certify the contents of this application to be correct to the best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts understood and agreed to the following: Building: $ 0.00 $ 0.00 1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00 or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00 (180 days). 2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00 required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00 3. Any modifications in plans or work shall be reported in advance to the department. Public Works Fees: $ 0.00 $ 0.00 4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 1,022,00 $ 1,022.00 or local laws, ordinances, or regulations rests solely with the Sub-Total: $ 1,022.00 applicant. Fees Paid: $ 1,022.00 Applicant Date Total Amount Due: $ 0 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 F