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HomeMy WebLinkAboutSiskiyou_1474_PA-2015-01717 (/I t l CITY OF i ASHLAND November 9, 2015 I 1 Notice of Final Decision On November 9, 2015, the Community Development Director approved the request for the following: i; Planning Action: 2015-01717 Subject Property: 1474 Siskiyou Blvd Applicant: Chabad Jewish Center of Southern Oregon Description: A request for a Conditional Use Permit to use the existing commercial building located at 1474 Siskiyou Boulevard as a Jewish Outreach education center. As proposed, the building will operate as a cafe serving a breakfast and lunch menu of Jewish foods on weekdays, and will include limited weekday workshops and classes for diners. In addition, the building will host social gatherings, other limited classes, worship services, and holiday programs outside of regular cafe hours. A gift shop and library will be available during cafe hours and during programs and services. No exterior changes to the existing building or site improvements are proposed. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP: 39 lE 15BA; TAX LOT: 4400. The Community Development Director's decision becomes final and is effective on the 13'h 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) f 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 Derek Severson 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 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us 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. A eal. 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: 541488-5305 51 Winbum Way Fax: 541-552-2050 - Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2015-01717 SUBJECT PROPERTY. 1474 Siskiyou Boulevard OWNER/APPLICANT: Chabad Jewish Center of Southern Oregon c DESCRIPTION: A request for a Conditional Use Permit to use the existing commercial building located at 1474 Siskiyou Boulevard as a Jewish Outreach education center. As proposed, the building will operate as a cafe serving a breakfast and lunch menu of Jewish foods on weekdays, and will include limited weekday workshops and classes for diners. In addition, the building will host social gatherings, other limited classes, worship services, and holiday programs outside of regular cafe hours. A gift shop and library will be available during cafe hours and during programs and services. No exterior changes to the existing building or site improvements are proposed. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP: 39 1E 15BA; TAX LOT: 4400. SUBMITTAL DATE: September 8, 2015 DEEMED COMPLETE DATE: September 30, 2015 STAFF APPROVAL DATE: November 9, 2015 DEADLINE TO APPEAL (4:30 p.m.): November 23, 2015 FINAL DECISION DATE (4:30 p.m.): November 23, 2015 APPROVAL EXPIRATION DATE: November 23, 2016 : DECISION The current application involves a request for a Conditional Use Permit to use the existing commercial building located at 1474 Siskiyou Boulevard as a Jewish Outreach education center. Within the C-1 zoning district, religious institutions and houses of worship require Conditional Use Permit approval. As proposed, the building will operate as a cafe serving a breakfast and lunch menu of Jewish foods on weekdays, and will include limited weekday workshops and classes for diners. In addition, the building will host social gatherings, other limited classes, worship services, and holiday programs outside of regular caf6 hours. A gift shop and library will be available during cafe hours and during programs and services. No exterior changes to the existing building or alterations of the existing site improvements are proposed. The subject property is a 0.29-acre parcel located at the southeast corner of the intersection of Siskiyou Boulevard and Frances Lane. The parcel is roughly rectangular, with approximately 89 feet of frontage along Siskiyou Boulevard along the parcel's north boundary and approximately 128 feet of frontage on Frances Lane along its west boundary. The property contains an existing single-story, 1,963 square foot building which was most recently used as a Starbuck's coffee shop. The site is largely paved, with parking and automobile circulation on all sides of the building, with landscaping in place around the perimeter of the property. Siskiyou Boulevard is a Boulevard or Arterial Street as classified under the city's Transportation System Plan (TSP) and is also a state highway under the jurisdiction of the Oregon Department of Transportation (ODOT). Sisldyou Boulevard is paved with curbs, gutters, parkrows and sidewalks in place along the property frontage. Frances Lane is classified as a Neighborhood Street and is paved with curbs and gutters, but no sidewalks in place. The subject property is located in the C-1 zoning district and the Detail Site Review overlay zone. The PA 92015-01717 1474 Siskiyou Blvd/dds Page 1 property and existing building are non-conforming with current city standards. With a Site Review application involving any sort of addition to the building, these non-conformities would typically be required to be corrected to a degree proportional to the amount of the addition proposed, however in this instance, the applicants are not proposing any alterations to the building or the site and as such, the proposal is in most ways similar to any other simple change is commercial tenancy and does not require Site Review approval. The application materials provided note that the building is proposed to operate as a cafe serving a breakfast and lunch menu of Jewish foods. The proposed cafe is to be open weekdays between 8:00 a.m. and 3:00 p.m. and will employ two to three people during these business hours. The cafe would seat a maximum of 25 people inside, with additional outdoor patio seating for eight. During cafe hours, the applicants envision conducting workshops and classes a few times a week for diners; these classes would be limited to ten of the 25 seats. On weekends and weekdays after cafe hours, there would be social gatherings, classes and holiday programs. These events would involve up to 45 attendees. Worship services are held on Saturdays from 10:00 a.m. to 1:00 p.m. and on holiday evenings. Daytime worship services typically attract approximately 25 congregants. The Rabbi would maintain office hours between 8:00 a.m. and 5:00 p.m. on weekdays as well. A gift shop and library will be available during cafe hours as well as during programs and services. As noted above, no changes to the site improvements, including the building exterior, are proposed with the current request. Because the proposal includes a Jewish Outreach education center, which is considered a religious institution or house of worship, a Conditional Use Permit is required. The first criterion for Conditional Use Permit approval is, "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 progran2." The subject property is in the C-1 commercial zoning district and the Detail Site Review zone and is located along an arterial transit corridor next to the University. The Comprehensive Plan and supporting documents including the Economic Opportunities Analysis generally envision commercially-zoned properties along arterials as accommodating more intense, employment generating commercial and/or mixed use development, and current city goals include revisiting these corridors' development potential as a means to encourage more in-fill rather than seeking an outward expansion of city boundaries. Staff carefully considers Conditional Use Permit requests for less intense uses with lower associated employment generation numbers with these sorts of issues in mind, and after preliminary discussions of these issues with staff, the applicants proposed to incorporate a cafe serving a breakfast and lunch menu into their proposal to compliment the Jewish Outreach education center and thus retain an outright permitted as a strong presence on the site. The applicants emphasize that the incorporation of a cafe, office space with counseling services and a small retail element to serve the public and members of the Chabad complies with the purpose and intent of the C-1 zone and the Comprehensive Plan policies for the use of commercial property. The applicants further note that there are 13 parking places in place on site which, at one required parking space per four seats for either cafe or religious use, will serve up to 52 seats and therefore readily accommodate the proposal. In discussion the proposal with the Building and Fire Departments, they have indicated that the building's approved occupancy appears to be a "B" which is consistent with the request, but that the Building Division will need to determine the maximum occupant load and review applicable provisions of the Oregon Structural Specialty Code and that plans will need to be submitted to the building department for any changes to the space, including any demolition. A condition to this effect has been included below. PA 42015-01717 1474 Siskiyou BMWs Page 2 The second approval criterion is, "That adequate capacity of Cite 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." In this instance, the subject property is already developed and has services in place for the existing building that has previously served as a restaurant and coffee shop. The proposal amounts to a change of commercial tenant and such should result in no additional load that would require service upgrades. In terms of adequate transportation, Siskiyou Boulevard is fully improved with curbs, gutters, parkrows and sidewalks in place along the property frontage, but Frances Lane lacks sidewalks. AMC 18.5.4.050.B.8 provides that Conditional Use Permits may include requirements for right-of-way dedication and street improvements consistent with city standards or alternatively the city may require the applicant to consent to participate in the future costs of providing such improvements per section 18.4.6.030. In staff's view, the applicants' participation in future improvements should a local improvement district ever be formed for Frances Lane would provide sufficient assurance that adequate transportation will be provided for the subject property and staff have accordingly included a condition to require that the applicants sign in favor of future street improvements to Frances Lane. The third approval criterion is, "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. Then 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 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) 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." The fifth approval criterion notes that, for the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of the C-1 zoning district are h "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 I requirements." The applicants explain that there are no proposed changes to the site or the existing building, and that the simple change of use proposed for the 1,963 square foot building should have no adverse impacts when compared to the 6,500 square foot retail building envisioned for comparison. The applicants further emphasize that the proposal should have increase in vehicular traffic, although it may increase bicycle and pedestrian trips because the majority of the members of the Chabad do not drive on the Sabbath and as such, the vehicular impact during services would be significantly less than would be expected for a typical retail use. The applicants also indicate that the proposal will have no adverse impacts in terms of light, noise or glare and will not prevent adjacent properties from developing in keeping with the Comprehensive Plan. The fourth criterion is that, "a conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance." In this instance, within the C-1 zoning district, religious institutions and houses of worship are specifically noted as a use that is subject to the Conditional Use Permit approval process considered herein. In staff's assessment, the applicants have demonstrated that the proposal meets the criteria for Conditional Use Permit approval. The proposal involves no changes to the building exterior or to the PA #2015-01717 1474 Sisldyou Blvd/dds Page 3 existing site improvements, and seems well thought out in providing a complimentary mix of permitted and conditional uses that are suited to the site and surrounding area. The criteria for Conditional Use Permit approval are described as follows in AMC Chapter 18.5.4.050.A. t 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 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. 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 Zones. C. R-2 and R-3. Residential use complying with all ordinance requirements, developed at PA #2015-01717 1474 Siskiyou Blvd/dds Page 4 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. I 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. 4 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. The application with the attached conditions complies with all applicable City ordinances. Planning Action #2015-01717 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 Plamiing Action #2015- 01717 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, including that there shall be no changes to the building exterior or site design and that the proposed use shall maintain the commercial component described in the application submittal, unless otherwise specifically modified herein. 2. That any changes to the exterior of the buildings, additions, or new structures, or changes to the site layout and landscaping shall require a Site Review approval. 3. That a sign permit shall be obtained prior to installation or alteration of any signage on the property. Signage shall be subject to the requirements of the Sign Regulations found in Chapter 18..4.7 of the Ashland Municipal Code Signage, shall be consistent with the signage described in PA #2015-01717 1474 Siskiyou Blvd/dds Page 5 the applicants' submittals, and shall meet the requirements of AMC 18.2.4.040 if located in a j vision clearance area. 4. That the property owner shall sign in favor of a local improvement district for future street improvements of Frances Lane, including sidewalks, parkrow, curb, gutter and storm drainage. The agreement shall be signed and recorded prior to the commencement of the proposed use. 5. That plans shall be submitted to the Building Division prior to any interior changes including demolition for verification of the approved occupancy to determine the maximum occupant load and review any applicable provisions of the Oregon Structural Specialty Code. November 6 2015 ill Moln , Director Date eparh nt of Community Development PA #2015-01717 1474 Siskiyou Blvd/dds Page 6 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 November 9, 2015 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 #2015-01717, 1474 Siskiyou Blvd. IVOV i I Signat , e of Employee i Documentl 11/912015 PA-2015-01717 391E15BA 4400 PA-2015-01717 391E15BA 600 PA-2015-01717 391E1513A 4500 CHABAD JEWISH CENTER OF SO CHAN CHESTER IUNANCY S GRACE EVANGELICAL LUTHERAN 804 HILLVIEW 11186 SE LENORE ST 660 FRANCES ASHLAND, OR 97520 HAPPY VALLEY, OR 97086 ASHLAND, OR 97520 PA-2015-01717 391E15BA 4600 PA-2015-01717 391E15BA 300 PA-2015-01717 391E15BA 100 JANSEN LLC MEISTER RICHARD J TRUSTEE ET AL MEISTER'S BUY RITE INC 722 MAIN ST 1777 CRESTVIEW DR 436 HOLLY ST OREGON CITY, OR 97045 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-01717 391E1513A 4402 PEOPLE'S BANK OF COMMERCE jA10D 750 BIDDLE RD MEDFORD, OR 97504 E Planning Department, 51 Winburn Way, Ashland, Oregon 97520 [ Y 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 A' NOTICE OF APPLICATION PLANNING ACTION: PA-2015-01717 SUBJECT PROPERTY: 1474 Siskiyou Boulevard OWNER/APPLICANT: Chabad Jewish Center of Southern Oregon DESCRIPTION: A request to use the existing commercial building located at 1474 Siskiyou Boulevard as a Jewish Outreach education center. The building will operate as a cafe serving a breakfast and lunch menu of Jewish foods on weekdays, and will include limited weekday workshops and classes for diners. In addition, the building would host social gatherings, other limited classes, worship services, and holiday programs outside of regular cafe hours. A gift shop and library will be available during cafe hours and during programs and services. No exterior changes to the existing building or site improvements are proposed. (Within the C-1 zoning district, religious institutions and c houses of worship require Conditional Use Permit approval.) COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP: 39 1E 15BA; TAX LOT: 4400. NOTICE OF COMPLETE APPLICATION: September 30, 2015 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: October 14, 2015 r PA #2015-01717 ' 1474 SISKIYQU BLVD ~Q SUBJECT PROPERTY , I 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. GAcomm-de0planning\Planning Actions\Noticing FolderWailed Notices & Signs\2015\PA-2015-01717.docx 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. j 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 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. 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 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 1822 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 i' 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. G9comm-dev\p1anning\Planning Actions\Noticing FolderWailed Notices & Signs\2015\PA-2015-01717.docx t 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 September 30, 2015 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 #2015-01717, 1474 Siskiyou Blvd. Signature of Employee Documentl 913012015 PA-2015-01717 391 E15BA 4400 PA-2015-01717 391 E15BA 600 PA-2015-01717 391 E15BA 4500 CHABAD JEWISH CENTER SOUTHERN CHAN CHESTER K/NANCY S CHESTER K GRACE EVANGELICAL LUTHERAN OREGON CHAN GRACE LUTHERAN CHURCH { 804 HILLVIEW 11186 SE LENORE ST 660 FRANCES ASHLAND, OR 97520 HAPPY VALLEY, OR 97086 ASHLAND, OR 97520 j r PA-2015-01717 391 E15BA 4600 PA-2015-01717 391 E15BA 300 PA-2015-01717 391 E15BA 100 JANSEN LLC MEISTER RICHARD J TRUSTEE ET AL MEISTER'S BUY RITE INC 15648 SE 114TH AVE 201 1777 CRESTVIEW DR 436 HOLLY ST CLACKAMAS, OR 97015 ASHLAND, OR 97520 ASHLAND, OR 97520 I PA-2015-01717 391 E15BA 3100 PA-2015-01717 391 E15BA 4402 OREGON STATE OF PEOPLE'S BANK OF COMMERCE NO ADDRESS SUPPLIED 750 BIDDLE RD UNKNOW, 0 MEDFORD, OR 97504 1474 Siskiyou Blvd 9/30/15 NOC 7 10. J LI U ! I 1040 ci € m' lI ~I £f! (19 it py~ ~p~~pq■ ~P 11+ i a MOO i~ ~J) !i rAf d ~!a !.;Il~~ ; 840 S-lUi III I qj U-,u U, om 040 470 601 910 840 ' II Request for Conditional Use Permit for Chabad of Southern Oregon 1474 SISKIYOU BLVD 39 1 E 15BA 4400 The request is for a Conditional Use Permit to use the existing commercial structure located at 1474 Siskiyou Blvd. as a religious institution and Jewish Outreach education center. The use of commercially zoned property in the City of Ashland requires a Conditional Use Permit. The subject property is .29 of an acre and is on the south side of Siskiyou Boulevard at the intersection of Frances Lane and Siskiyou Blvd. The property is zoned Commercial (C-1). The properties to the north and east of the subject property are zoned C-1. The property to the southeast is zoned R-1-7.5 and the property to the east / southeast is zoned Southern Oregon (SO). Chabad of Southern Oregon is part of a worldwide network of Jewish Outreach educational centers. Keeping with its vision as a Jewish outreach center, Chabad creates innovative and diverse programs to attract participants from all walks of life creating a vibrant center. We anticipate this unique location to attract many participants on a daily basis. A SUCH, CHA AD WILL U THE PREMISES AS T FORTH BELOW. CAFE LOUNGE: Chabad will open a cafe serving coffee including a breakfast and lunch menu with a variety of Jewish foods on the menu. The cafe will be open weekdays with anticipated business hours of 8:00 AM to 3:00 PM. The cafe seats a maximum of 25 indoors and there is patio seating for eight. The cafe would be closed on all Jewish Holidays. The cafe will staff two - three employees during business hours. During the cafe hours there will be workshops and classes a few times a week for the diners in the cafe. The workshops and classes will have a maximum attendance of ten participants. EDUCATIONAL N SOCIAL GATHERINGS, On weekends and weekdays after the cafe business hours social gatherings, other limited classes and holiday programs will be held at the Chabad. The meetings and gatherings typically involve 45 participants. WORSHIP SERVICES. Services are held regularly on Saturdays between 10:00 AM and 1:00 PM. Holiday services are held in the evenings. Typically, 25 congr(-,,, ants attend, daytime services. Synagogue will be assembled for services and removed afterwards. GIFT Sly A limited amount of religious and holiday items will be for sale during the cafe nou.r l Ir ' 7 , There will be a library with Jewish books and literature for study and religious guidance iii be incorporated into the space. This will be available during cafe hours and at programs and services. OFFICE. The Chabad's Rabbi will occupy the office weekdays between 8:00 AM and 5:00 PM in order to counsel congregants, oversee the cafe and perform the operations of the Chabad. The counseling is normally with one or two participants. SIGNAGE. A sign for the Chabad Jewish Center will be displayed in the light box that previously displayed the previous business sign near the intersection of Siskiyou Blvd. and Frances Lane. A sign permit will be obtained in order to install a sign on the building. 18.5.4.050 Approval Criteria 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. The subject building is a 1963 sf commercial building on a 12,632 square foot parcel on the south side of Siskiyou Blvd. The use of the property as a Jewish Center that includes a synagogue, cafe and office space is in conformance with the Ashland Municipal Code with the approval of a Conditional Use Permit to allow for° a religious institution in the Commercial (C-1) zone. The incorporation of a cafe, office space with counseling services and a small retail aspect to serve the public and members of the Chabad complies with the purpose and intent of the C-I zone and the Comprehensive Plan policies for the use of Commercial property. The structure is setback more than 30 feet from both the front and the rear property line and setback more than 10 feet from either side yard setback. This exceeds the minimum standard setbacks for the zone. No changes to the structure or the setbacks are proposed. The site has approximately 80 percent lot coverage. This is five percent less than the maximum of 85 percent. The site complies with the solar setback standards. The structure is single story, setback 36 foot front yard setback and there is a 100 foot right-of-way to the north. The structure exceeds the minimum 25 foot front yard when adjacent to an arterial street, the structure is setback more then 10 feet from the residential zone to the southeast. The site and the building are considered pre-existing, non-conforming when reviewed against a number of Ashland's Site Design codes. The relatively small structure sits on an elevated site that is approximately eight feet higher than sidewalk grade and setback 36 feet from the sidewalk There are two parking spaces between the building and the street. There are no sidewalks on Frances Lane and the street improvements along Siskiyou Blvd, are less than the standard widths for sidewalks and street trees. The Site Design Standards apply to changes in use from a less intense use to a more intense use as defined by building code or if additional parking is required. The change of use from 1963 sf restaurant to a 1963 sf Jewish Synagogue is not more intense. With 50 seats, the use change does it require additional parking. There are 13 parking spaces available, one parking space is required for every four seats for a total of 52 seats permitted Additionally, the standards speak to new construction or construction of additions to existing structures but do not address existing structures where no exterior modifications are proposed and only the use of the space is being modified but not the site or structure. We find that the Site Design Standards for the Detail Site Review do not apply to the conditional use permit request. Since the structure has been used as a commercial structure for many years and had a remodel for the purposes of Starbucks Coffee in the mid-2000s, the use of the site as the Chabad of Southern Oregon to utilize the space as a synagogue is in conformance with the zoning district standards for a pre-existing, non-conforming structure and site. Currently the Chabad of Southern Oregon has a small following but with time and a permanent site to call home, seeks to increase its membership and `place" in the community. This site has the area to be enlarged in the future to serve a growing community but seeks to use an existing structure on an existing lot to provide a space. The site is not in a Residential Zone due to the inherent conflicts that arise with religious institutions and residential neighbors, The property also has the ability to have a cafe, retail and counseling office component that wouldn't necessarily be allowed in a residential zone, t In the spirit of the Religious Land Use and Institutionalized Persons Act (RLUIPA), requiring a public hearing based on the city's vision of the property and the Comprehensive Plan for the use of an existing commercial building that seeks a conditional use permit for permission to change the use to operate a Jewish Synagogue appears to violate the equal terms clause. The subject site is occupied by a pre-existing 1963 sf commercial structure. The structure has primarily been utilized as a restaurant establishment. This structure could be converted to many of the permitted uses allowed in the C-1 zone that permit assembly and uses that have a more adverse impact on the transportation, light, noise, glare, odor, architectural compatibility and bulk, scale and coverage. RLUIPA prohibits zoning laws that substantially burden the religious exercise of churches or other religious assemblies or institutions absent the least restrictive means of furthering a compelling governmental interest. Courts have ruled that municipal interests in economic development are not compelling. Additionally, no government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution. 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, storm drainage, paved access and transportation are provided to the subject property. The proposed use of 1474 Siskiyou Blvd as a small cafe and Jewish Center will not increase the facilities beyond their capabilities due the limited number of occupants within the space which is less than 45. There are existing driveways accessing the site, one from Frances Lane and one shared curbcut accessing Siskiyou Blvd. These are proposed to be affected by the change of use from restaurant to the Chabad of Southern Oregon. There is an existing eight foot curbside sidewalk along the frontage of Siskiyou Blvd that was installed during the Siskiyou Blvd. redesign. There is also a small street tree in a well in the Siskiyou sidewalk. The sidewalk is slightly below the standards required but provides adequate facilities. No sidewalks exists on Frances Lane. This is likely due to the limited right-of-way and the topography of Frances, it is a short, steep street that has low traffic volumes, and the majority of the traffic is due to the road providing the access to a number of Southern Oregon University parking lots. The use of the site for the Chabad of Southern Oregon will not have an adverse impact on Frances Lane. 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. The use of the site will not have an impact on the scale, bulk or coverage beyond the current site conditions. At this time there are no modifications to the site proposed and the building and the site layout are pre-existing conditions that the change of use will not have any adverse effects upon when compared to a potentially 6,500 sf commercial building as envisigned with the target use of the zone. 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. The proposed use will not have adverse impact on the generation of vehicular traffic. It is likely that pedestrian and bicycle transit will increase because the majority of the members of the Chabad of Southern Oregon do not drive vehicle on the Sabbath and so during services, there will be less automobiles than what would be present on the site if it was developed as a permitted use in the Commercial zone. c. Architectural compatibility with the impact area. The proposed use of the site for the Chabad of Southern Oregon will not affect the architecture of the existing 1940s structure. There are no proposed exterior modifications proposed for the site therefore the architectural compatibility is maintained d. Air quality, including the generation of dust, odors, or other environmental pollutants. The use of the site for the Chabad of Southern Oregon will not have adverse impacts on air quality, the use will not generate dust, odors or other environmental pollutants. The use of the site for the Chabad of Southern Oregon in the 1963 sf structure will have less of an environmental impact to the site and the surrounding area in its compact form versus the city stated intent of the site which is to have a nearly 6, 000 sf structure with a higher impact e. Generation of noise, light, and glare. The use of the site for the Chabad of Southern Oregon will not have adverse impacts on noise, light or glare more than a Commercial Use outrightpermitted in the C-1 zone. f. The development of adjacent properties as envisioned in the Comprehensive Plan. The use of the site for the Chabad of Southern Oregon, Jewish Synagogue, cafe, retail and associated office and counseling will not prevent 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. As stated previously, the city expressed other factors such as economic development and higher number of employees than a Synagogue would provide. We find this to be in contention to the intent of the RL UIPA and places a higher burden on the proposed use than would be placed upon a general office use, restaurant use, theater, government offices or other permitted use in the Commercial zone. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. The use of the site for the Chabad of Southern Oregon, Jewish Synagogue, cafe, retail and associated office and counseling are not a prohibited uses. 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. ® c. are not applicable to the zone. d. C-1. The general retail commercial uses 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. The use of the site as the Chabad of Southern Oregon and a Jewish Synagogue 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, at an intensity of 0.50 floor to area ratio. The site was constructed in the 1940s and has continued as a commercial space for the last 75 years. At this point there are no plans to mods the existing structure. In the future when the Chabad needs additional space, there is room for expansion. The request will not cause the site to become more non- conforming because uses listed in the allowed uses section of 18.2.2 are proposed to be incorporated into the Chabad Jewish Center, these include a cafe, small retail space and counseling offices. Based on the request being for a change of use that has an equal parking demand and is not more intense of a use under the building code, the Site Design standards do not apply to this request. i The proposed will have no greater adverse material effect on the livabili of the impact area when compared to the development of the subject lot with the target use of the zone there is one residentially zoned property within the impact area. That property is occupied by a Lutheran Church. There are no residential uses on the adjacent SO zoned parcel. There are residential units at the back of the commercially zoned property to the east (at the intersection of Walker and Siskiyou) but they are more impacted by the commercial uses on the same tax lot than they would be by a 1,963 sf synagogue. We, the Chabad of Southern Oregon find that the use of 1474 Siskiyou Blvd. is in conformance with the Conditional Use Permit criteria. I 1 E i r I c C E G I r i I I.: I r I i i r i 1 a ~ ? , ~ 1 f°! J' l i ,t' i - 1 i - ~ ~ i l t ~ _ I i ~ 1 11 I 3 ...i _ i 1 f i C,. l l 4r4r~ XWO, 9' 10" L,=J j' 31 0,'j' EXISTING BUILDING PLAN Ramp f L=1 I ; ; 490 I ra P I E 176" 1 n 0101, 30'9"' °I Oft 24ft aft floor planner 10, ~ ayt 0 Ot 3sd. f 1 SIN °4 1 ~ a i I SUBJECT PROPERTY 1474 SISKIYOU BLVD 391E15BA 4400 f C' i l { L L, u City Limit, G'-1 R-1.3.5 _ _ I Urfrere Grti,Yh Bounaiary C_1-L7 R-1.5 P-va sy E-11-7 - irpo,t Overlay He R-2 F ay Ove;l:ay 1.7 R-3 s Taxlufs R-1-1D `3R-1 oVR i ~R-2D VINCINITY MAP 1474 I KIY lJ BLVD CHA A F SOUTHERN OREGON Q i j CD w w - X L m w w o Z Q EL a O a a 2 0 d z LU c() it Z W W m m U w w z z l Lij LL j ® ro I e iu + CL c~ C. ~ i q } I dId _ R ZONING [TPUT APPLICATION ~ P1aiTning Diirision 51 Wiuburn Way, Ashland OR 97520 FILE # CITY Of y H L,-~ i j j 541-488-5305 Fay; 541-488-6006 - DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY Pursuing LEED© Certification? Il YES ® NO Street Address Assessor's Map No. 391 E Tax Lot(s) t Zoning _ Comp Plan Designation APPLICANT 1 r r) Name Phone j~ ~E Mail Pik , ~TCa 9. c5-C:~vc r "r V`W Address city Zip PROPERTY OWNER Y Name Phone -::4-Ai Eail 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 l 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 a# property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. l further understand that if this request is subsequently contested, the burden will be on me to establish; 1) that l produced sufficient factual e vidence at the hearing to support this request,, 2) that the findings of fact furnished fuslifies 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, if l have any doubts,/ am advised to seek competent professional advice an assistance, US- Applicant's Signature Date -t---~I As owner of the property involved in this request, l ha ve read and understood the complete application and its consequences to me as a property owner. cts Property Owner's Signature (required) Date [To be completed by City Slatq Date Received _ Zoning Permit Type_ Filing Fee ; OVER G:\comm-dev\plmuung\Fonos & HandoutsVoning Permit Applimtiion.doe Job Address: 1474 SISKIYOU BLVD Contractor: ASHLAND OR 97520 Address: C A Owner's Name: CHABAD JEWISH CENTER SO 0 P Phone: Customer 08472 N State Lie No: P CHABAD JEWISH CENTER SO City Lie No: L Applicant: 804 HILLVIEW DR R Address: ASHLAND OR 97520 A C C Sub-Contractor: A Phone: (541) 482-2778 -i- Address: N Applied: 09/08/2015 O -T Issued: Expires: 03/06/2016 R Phone: State Lie No: Maplot: 391E15BA4400 City Lie No: DESCRIPTION: Conditional Use Permit 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 Commercial Site Review (type1) 1,012.00 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.onus Inspection Request Line: 541-552-2080 CITY OF 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: $ 1,012.00 $ 1,012.00 or local llaws, ordinances, or regulations rests solely with the Sub-Total: $ 1,012.00 applicant. Fees Paid: $ 1,012.00 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 C I I Y F