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NMain_488_PA_2017-00256
CI'T'Y OF ASHLAND April 17, 2017 Notice of Final Decision i On April 17, 2017, the Community Development Director approved the request for the following: j Planning Action: PA-2017-00256 Subject Property: 488 North Main Street Applicant: Michael & Jeanette Lisk Description: A request for Site Design Review approval to construct a parking lot on the vacant property adjacent to the House of Leaves business at 488 North Main Street and identifying a future building envelope at the corner of North Main and Glenn Streets. The request also includes modifications to the existing parking lot for the House of Leaves approved with PA-2014-01695, and an Exception to Street Standards to allow a six-foot curbside sidewalk along Glenn Street where a sidewalk with park row planting strip would normally be required. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 lE 05DA; TAX LOT 3500 & 3600. i 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 Derek Severson in the Community Development Department at (541) 488-5305. i i cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us-' i it 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 malting 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 of Appeal. 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 l www.ashland.or.us \ ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2017-00256 SUBJECT PROPERTY: 488 North Main Street OWNER/APPLICANT: Michael and Jeanette Lisk DESCRIPTION: A request for Site Design Review approval to construct a parking lot on the vacant property adjacent to the House of Leaves business at 488 North Main Street and identifying a future building envelope at the corner of North Main and Glenn Streets. The request also includes modifications to the existing parking lot for the House of Leaves approved with PA-2014-01695, and an Exception to Street Standards to allow a six-foot curbside sidewalk along Glenn Street where a sidewalk with park row planting strip would normally be required. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-l; ASSESSOR'S MAP: 39 lE 05DA; TAX LOT 3500 & 3600 SUBMITTAL DATE: February 14, 2017 DEEMED COMPLETE DATE: March 14, 2017 STAFF DECISION DATE: April 17, 2017 APPEAL DEADLINE (4:30 P.M.): May 1, 2017 FINAL DECISION DATE: May 2, 2017 EXPIRATION DATE: November 2, 2018 DECISION The subject properties are located at the southeast corner of the intersection of North Main Street and Glenn Street. The northernmost of the two parcels is presently vacant, and the southernmost parcel is addressed as 488 North Main Street and contains an existing approximately 1,922 square foot commercial building. Both parcels are zoned E-1 (Employment). The property owner has recently acquired the vacant parcel adjacent to his "House of Leaves" business with the intention of providing additional parking for his business and an area for future development expansion the site, and recently removed a hazard tree from the site. The current application is a request for Site Design Review approval to construct a parking lot on the vacant property adjacent to the House of Leaves business. In addition the application identifies and reserve a future building envelope at the corner of North Main and Glenn Streets. The request also includes modifications to the existing parking lot for the House of Leaves approved with PA-2014-01695, and an Exception to Street Standards to allow a six-foot curbside sidewalk along Glenn Street where a sidewalk with park row planting strip would normally be required. Site Design Review The existing business has five parking spaces in place, and with the current request a total of 12 parking spaces would be provided. In conjunction with the request, the applicants propose to install sidewalks with ADA-accessible ramps, street trees, improved driveway access and street trees. The parking lot as designed provides the required five-foot landscape buffer at the property line, parking lot landscaping and trees required in AMC 18.4.4.0301, and addresses the parking area design requirements in AMC 18.4.3.080.B.4, D and E including that landscaped areas should incorporate swales to treat run-off and the parking area should be designed to minimize the adverse environmental and microclimatic impacts of surface parking with the planting of additional parking lot shade trees. PA #2017-00256 488 North Main Street/dds Page 1 North Main Street is classified as a Boulevard/State Highway and Glenn Street is now designated as a Neighborhood Collector. As such, the minimum allowed distance from the intersection to the driveway on Glenn Street is 50 feet, and the minimum separation between driveways on Glenn Street is 75 feet. The driveway as proposed complies with these standards. The application notes that the proposed future building pad would be retained in an attractive and weed- free condition without being used as parking, and would be treated in a low-water use wildflower mix or similar landscaping. Exception to Street Standards Glenn Street's functional classification has recently been modified in the Transportation System Plan (TSP) to "Neighborhood Collector." In this E-1 zoned area, the required improvement would typically be a five-foot hardscape parkrow planting strip with street trees and an eight-foot sidewalk. The applicants have requested an Exception to the Street Standards to install a six-foot curbside sidewalk on the Glenn St. frontage. The existing sidewalks on Glenn Street are five-foot in width and installed curbside, and in staff's view the opportunity for a parkrow along the Glenn Street frontage is limited to approximately 50 feet in length between the wheelchair ramp at the corner and the proposed driveway apron. The transition from a curbside sidewalk to a sidewalk with a parkrow uses approximately ten lineal feet, and one transition would need to be installed from the corner and another transition to the curbside before the driveway. After the transitions to and from the curbside sidewalk would be installed, there would be a relatively short length of parkrow installed on the Glenn St. property frontage, and the proposed curbside installation will provide a continuous curbside sidewalk that provides equal transportation facilities and connectivity. Comments Received Subsequent to the mailing of a Notice of Complete Application, written comments were received from three neighbors expressing concerns with the business and the proposal, noting specifically traffic, parking, drug-related activity and dust from the existing vacant unpaved lot. Neighbors also objected to the requested Exception to Street Standards which they described as seeking to avoid landscaping along the sidewalk. A fourth set of comments, received prior to the Notice of Complete Application, notes that the parcel as it presently exists has a significant grade and is frequently muddy, and suggests that the city find a way to allow its improvement to avoid pedestrians slipping and falling. In staff's assessment, the additional improved parking is likely to alleviate the concerns with dust, slipping and falling, and should also address some of the parking demand currently taking up on-street parking spaces along Glenn Street. The use itself is already approved, in place and operating and the current request is limited to the improvement of additional parking on the existing vacant lot. The criteria for Site Design Review approval are described in AMC 18.5.2.050 as follows: A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. 8. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3). C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. PA #2017-00256 488 North Main Street/dds Page 2 D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties, and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. The criteria for an Exception to Street Standards are described in AMC 18.4.6.020.B.1 as follows: a. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. b. The exception will result in equal or superior transportation facilities and connectivity considering the following factors where applicable, i. For transit facilities and related improvements, access, wait time, and ride experience. ii. For bicycle facilities, feeling of safety, quality of experience (i. e., comfort level of bicycling along the roadway), and frequency of conflicts with vehicle cross traffic. iii. For pedestrian facilities, feeling of safety, quality of experience (i.e., comfort level of walking along roadway), and ability to safety and efficiency crossing roadway. C' The exception is the minimum necessary to alleviate the difficulty. d. The exception is consistent with the Purpose and Intent of the Street Standards in subsection 18.4.6.040.A. In staff's assessment, the applicant has demonstrated that the parking lot will comply with the applicable standards and that the requested Exception to Street Standards is merited. Based on the materials provided, the application with the attached conditions complies with all applicable City. ordinances. Therefore, Planning Action #2017-00256 is approved with the following conditions. If any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action #2017-00256 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise specifically modified herein. 2) That all conditions of the previous land use approvals shall remain in effect unless otherwise specifically modified herein. PA 92017-00256 488 North Main Street/dds Page 3 3) That prior to the issuance of a building permit for the bicycle parking structure or commencement of site work to improve the parking lot: a. The plans submitted for the building permit shall be in substantial conformance with those approved as part of this application. If the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modify the Site Design Review approval shall be submitted for the review and approval of the Staff Advisor. b. That a drainage plan be for the parking areas shall be submitted at the time of a building permit for review and approval by the Building and Engineering Divisions. Storm water from all new impervious surfaces and runoff associated with peak rainfalls must be collected on site and channeled to the City storm water collection system (i.e., curb gutter at public street, public storm pipe or public drainage way) or through an approved alternative in accordance with Ashland Building Division policy BD-PP-0029. On-site collection systems shall be detailed on the site plan and storm drainage plans provided. c. System Development Charges (SDC's) for new impervious surfaces proposed shall be paid. d. Engineered construction drawings for the public sidewalks along North Main Street shall be submitted for review and approval of the Ashland Planning and Engineering Divisions prior to work in the street right-of-way and prior to installation of improvements in the pedestrian corridor. The sidewalk shall be a minimum of eight feet in width with five-foot hardscape parkrow planting strip with tree grates between the sidewalk and the street. All frontage improvements, including but not limited to the sidewalk, street trees, and street lighting, shall be constructed across the entire North Main Street frontage of the site. The sidewalk shall be constructed to City of Ashland Street Standards, including the use of San Diego buff concrete. e. Engineered construction drawings for the public sidewalks along Glenn Street shall be submitted for review and approval of the Ashland Planning and Engineering Divisions prior to work in the street right-of-way and prior to installation of improvements in the pedestrian corridor. The sidewalk shall be a minimum of six feet in width and installed curbside. All frontage improvements shall be constructed across the entire Glenn Street frontage of the site. The sidewalk shall be constructed to City of Ashland Street Standards, including the use of San Diego buff concrete. f. If necessary for alignment of frontage improvements, area for street improvements shall be dedicated as public street right-of-way. The right-of-way dedication shall be submitted for review and approval of the Ashland. g. That the driveway approach shall be permitted through the Engineering Division and are required to be separated from existing driveways and each other by a minimum of 75-feet per City Street Standards. The driveway curb cuts shall be installed, inspected and approved prior to use of the parking lot. h. Prior to the installation or use of the proposed parking improvements, the applicant shall sign a "Marijuana-Related Business Restrictive Covenant" as required in AMC 18.2.3.190.B.1.g 4) That prior to the use of the parking lot: a. That proposed bicycle parking shall be installed according to the approved plan, inspected and approved by the Staff Advisor. b. That replacement trees to mitigate the trees removed under PA #2016-02347 shall be planted and irrigated according to the approved plan. PA #2017-00256 488 North Main Street/dds Page 4 c. That all public improvements including but not limited to the sidewalk, street trees, and street lighting shall be installed to City of Ashland standards under permit from the Public Works Department and in accordance with the approved plan. d. That all landscaping in the new landscaped areas shall be installed according to the approved plan, and tied into the existing irrigation system, prior to the use of the proposed new parking lot. e. That the proposed building envelope shall be seeded in a low water use wildflower mix or similar landscape treatment and maintained in an attractive, weed-free state. The building envelope shall not be used for vehicle parking. April 17, 2017 Molnar, irector Date epartmen of Community Development PA #2017-00256 488 North Main Street/dds Page 5 I I 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 4/17/171 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 #2017-00256, 488 N Main. Signature of Employee DocumeW 4/1712017 PA-2017-00256 391 E05DA 3000 PA-2017-00256 391 E05DA 80003 PA-2017-00256 391 E05DA 330 ABBOTT'S DEVELOPMENTS LLC BAMMAN VICTORIA L BENNETT HARLEY MICHAEL/GABRIELE 1085 DEER VISTA LN 311 GLENN ST 97 PARKER AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ATHERTON, CA 94027 PA-2017-00256 391 E05DA 3800 PA-2017-00256 391 E05DA 328 PA-2017-00256 391 E05DA 7000 BJORKLUND LLC BRENT E THOMPSON BOLDT INGRID E A BOWLAND SIDNEY J/SHERI L P 0 BOX 201 486 LORI LANE PO BOX 1025 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-00256 391 E05DA 80005 PA-2017-00256 391 E05DA 80004 PA-2017-00256 391 E05DA 6700 BUENRROSTRO ERIC AZUA FARIA PATRICIA L FERRIS CHARLES Y TRUSTEE ET AL 319 GLENN ST 2933 LINCOLN AVE PO BOX 929 ASHLAND, OR 97520 ALAMEDA, CA 94501 OCCIDENTAL, CA 95464 PA-2017-00256 391 E05DA 3402 PA-2017-00256 391 E05DA 3403 PA-2017-00256 391 E05DA 8900 FORGEY-JAHN SUSAN/JAHN DAVID GAY ALMA FRANCIS GREGA SHIRLEY TRUSTEE ET AL 25 CREE CT 493 LORI LN 70 COOLIDGE ST SAN RAMON, CA 94583 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-00256 391 E05 DA 3401 PA-2017-00256 391 E05DA 331 PA-2017-00256 391 E05DA 6900 IRA SERVICES TRUST COMPANY F6O GUDGER KENNETH R/DEBORAH C HOWARD JUDITH L TRUSTEE ET AL THERESA M 497 LORI LN 90 RIDGE RD TH TH BOX 7080 ASHLAND, OR 97520 ASHLAND, OR 97520 SAN CARLOS, CA 94070 PA-2017-00256 391 E05DA 3899 PA-2017-00256 391 E05DA 327 PA-2017-00256 391 E05DA 7100 JACKSON COUNTY PROPERTY MGMT KENDALL FRANCES E KENNEDY KATHERINE M TRUSTEE PO BOX 1569 6909 NOR FOLK RD 132 GREENWAY CIR MEDFORD, OR 97501 BERKELEY, CA 94705 MEDFORD, OR 97504 PA-2017-00256 391 E05DA 80006 PA-2017-00256 391 E05DA 7200 PA-2017-00256 391 E05DA 12600 LEE KATHLEEN LEMON ADAM P TRUSTEE ET AL LILLICH JOHN G BANK OF NEW YORK MELLON 451 N MAIN ST PO BOX 928 4425 PONCE DE LEON BLVD 5TH FLOOR ASHLAND, OR 97520 CLATSKANIE, OR 97016 CORAL GABLES, FL 33146 PA-2017-00256 391 E05DA 3600 PA-2017-00256 391 E05DA 343 PA-2017-00256 391 E05DA 3400 LISK MICHAEL MELDAHL CATHY C TRUSTEE/ NICOLS MARIANNE PINCHOT TRUST OF 5717 FISHERS FERRY 681 MAGNOLIA RD 1 ET AL GOLD HILL, OR 97525 LONGBOAT KEY, FL 34228 7560 WAGNER CREEK RD TALENT, OR 97540 PA-2017-00256 391 E05DA 3100 PA-2017-00256 391 E05DA 80007 PA-2017-00256 391 E05DA 329 RB ASHLAND INVESTMENTS LLC ROGERS CAROL LEE ANN (TOD) RUBENSTEIN GREGG IVAN BERNELL 5243 PIONEER RD 327 GLENN ST TRUS ET AL MEDFORD, OR 97501 ASHLAND, OR 97520 3271 MADISON ST ALAMEDA, CA 94501 PA-2017-00256 391 E05DA 2900 PA-2017-00256 391 E05DA 3404 PA-2017-00256 391 E05DA 80008 SAGER KATHY C ET AL SMITH CONSTANCE L STONG JON S TRUSTEE ET AL 600 NEIL CREEK RD 935 CIENEGUITAS RD C 655 CHERRY ST ASHLAND, OR 97520 SANTA BARBARA, CA 93110 SANTA ROSA, CA 95404 PA-2017-00256 391 E05DA 3701 PA-2017-00256 391 E05DA 80002 PA-2017-00256 THOMPSON BRENT TRUSTEE ET AL TWIEST AMY K ROGUE PLANNING & DEVELOPMENT P 0 BOX 201 332 HELMAN ST 1424 S IVY ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97501 PA-2017-00256 488 N Main Street KERRY KENCAIRN 4/17/17 545 A STREET NOD 34 ASHLAND, OR 97520 x.'10 14-00 420 ~~3~ldh I X114 ~~~U~ II -III I• , 'IWO 'I1 . d 1~ 4711+ S 1111 q yly • , rF • 5 .37 2 ii-log 640 a 01 1703 i y ;~ti~ 1 r "ryq t 1 1364 "06 167-0 0 5ailD t COL."_. 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House Of Leaves Parking Lot i Tony Pippel <sayhey1@charter.net> Sat 1/14/2017 9:18 AM i To:planning <planning@ashland.or.us>; it To Whom It May Concern: I am a patron of House of Leaves from time to time. They are located on Main St., just down from Glenn St. The corner lot, undeveloped, and owned by the same people who own the house in which the business is located, serves as their parking lot. The lot as it sits now has a significant grade and is covered with slippery mud. They tell me that they have applied to the City to improve their parking lot but have been denied. I'm not sure I got this straight, but they said the City was concerned with land use on major streets, wanting to reserve streetfront property for commercial uses. Personally I think that is an obvious and beneficial policy. I served eleven years on the City Council of Palmer, Alaska where we moved from. Our Council had the ultimate decision on and land use issues, after review and recommendation by the P&Z commission. What I found is that the rules, logical as you make them, are a cookie cutter laid over existing stuff. Sometimes the stuff doesn't quite fit the cutter. My experience is that gray areas are often best resolved y the application of common sense. In this case, the existing parking lot is a hazard. As a former insurance guy I can tell you that slip and fall accidents will occur. It's only a matter of when. Further, the improvement of a parking lot is not a permanent use. It does not preclude the lot from being developed later. The improvement cost is minimal. Couldn't a modest improvement of the parking area be accomplished by some type of conditional use? That is, you may improve the parking area, but have no permanent rights to such use. This preserves the property for later commercial development, solves what is truly an existing public safety problem, is done totally at the expense of the property owners. Who loses? As far as I can tell, nobody. Under City and State codes, is this type of solution possible? Again, I don't know all that much about this issue, and even less about City codes. I'm just trying to be helpful. Thanks. Sincerely, Anthony J. Pippel, 681 Glenwood Dr., Ashland 541-708-0025 1 of 1 1/27/2017 11:42 AM John and Kris Lillich March 20, 2017 P.O. Box 928 Clatskanie, OR 97016 503®369®6502 City of Ashland Planning Dept 51 Winburn Way Ashland, OR 97520 Planning Action PA®2017®00256 To Whom It May Concern, My wife and I bought the historic Folk Victorian, Champion Payne house, on the corner of Main and Glenn four years ago. We chose to buy a house in Ashland because our daughter is a student at the university and we had the opportunity to sell an existing rental where we currently live and do a 1031 exchange for another rental. It has worked out beautifully. Over the four years we have accommodated several students besides just our daughter, giving them affordable safe housing. We love Ashland for its beauty and community and are happy to have been able to invest and improve one of its special historic homes. We are concerned about the situation that the newly established marijuana store has created. Our initial concerns were mostly centered around traffic, access off N. Main, parking, drug related activity and, mostly, dust from the vacant lot that is next to the store. When it first became a j medical marijuana dispensary some of these concerns did became an issue. Since the House of Leaves marijuana retail shop established itself we've observed a marked deterioration of our neighborhood. Our curbside parking is now being taken up by the patrons and employees of House of Leaves and the traffic has increased considerably. We've seen transactions being made through car windows and on the street after some people have exited House of Leaves. There have been motorized vehicles left idling for over an hour and we've seen drivers and passengers sitting in their vehicles, with windows rolled up, enveloped in smoke. Last summer our house was filled and coated with dust, kicked up by vehicles using the vacant lot as a parking lot. We've picked up many more cigarette butts along our sidewalk as there is more loitering increasing the risk of fire. We've also r~~ti~~it/l a graffiti on utility boxes. My wife and I respect small business and entrepreneurial ism, as that is what we're also about. We do know that almost any Federal Agents will tell you that the House of Leaves is in their eyes considered just another drug house with no legitimacy as a viable law abiding business. When we read your letter to us regarding the future plans for the House of Leaves parking lot and their avoidance of landscaping along a sidewalk along Glenn street and within the proposed parking lot, we feel that the owners may be showing as much contempt for the City of Ashland, its history and future, as they do for Federal Laws. It is our concern that they should be held accountable for the effects of such a business and they should try to be as accommodating as possible to their neighbors who are in turn being affected. We feel that they need to make a true investment in the landscaping and design of their newly purchased property, which is intended to be used as their parking lot. It is our understanding that a vacant lot cannot just be turned in to a parking lot without an existing structure and it is in violation of city code. We can understand their need for additional parking and alternative access to their business other than off N. Main Street. If the city is to accommodate their request for a parking lot without an existing structure, we feel strong demands for landscape beautification, are in order. It is a fact that beautification is a deterrent to crime. We understand the financial implications surrounding the new pot laws in Oregon and teeter to support or not support such an industry. Now that we have seen and felt the impacts we feel they need to be understood by everyone involved. If House of leaves would show a concerted effort to include landscape beautification in their agreement with the city and to patrol the area regularly for any unwanted loitering or misuse of the area we would be willing to work side by side with our neighbor and the city of Ashland. If this cannot be accomplished we foresee future issues surrounding this situation that will affect everyone. If you would like to discuss this with us further we are available. Hopefully this will be resolved before the dust kicks up again. Thank you, Pahnnd Kris Lillich Carol Lee Rogers 327 Glenn St. Ashland, Oregon 97520 541-482-1887 clar@mind.net City of Ashland Planning Dept March 21, 2017 51 Winburn Way Ashland, OR 97520 To Whom it May Concern, This letter comes to you regarding Glenn St and the House of Leaves. I have been told that the city is looking at this issue and that our input is appreciated. For the last 22 years, I have lived in and owned a condo across the street from the House of Leaves. My concern with the House of Leaves is the extreme increase of cars parking on Glenn St. and the traffic circulation. Cars are parking from North Main to the railroad track at the base of Glenn St. I am finding when driving out of my driveway, it is dangerous because I am unable to see if traffic is coming down from N Main or up from Orange St. Cars come and go from the vacant lot all day long. I have seen and experienced near misses, turning in and out of the House of Leaves "parking lot" and from Glenn Street to North Main Street. Another concern is the loitering in cars in and around the premises. This has changed the "flavor" of the neighborhood substantially. Naturally I have fear of the new population searching for things they can sell to get the money needed to purchase the marijuana they 'need.'This could be stealing from nearby homes/condominiums to get the money needed to purchase their fix. I have spoken with other condo owners and dwellers and they have the same concerns. What I would like to see is: Regular police patrol on Glenn St throughout each day Improved parking on Glenn St. This could include "No-Parking" signs near and around driveway entrances as well as street corners, such as Lori Lane. I appreciate all you are doing to stay on top of this problem before an accident does happen. If you have any questions, feel free to call me at 541-482-1887. Sincerely, Carol Lee Rogers I' Eric Buenrostro Azua 319 Glenn St. Ashland, Oregon 97520 541-324-9560 erbuaz@me.com March 23, 2017 City of Ashland Planning Department 51 Winburn Way Ashland, OR 97520 To Whom It May Concern, I am writing to express concern about undesired activity on Glenn Street caused by the operations of the marijuana dispensary House of Leaves. I live across the street, so I have been able to watch from my windows several changes that have had a negative impact in the quality of the neighborhood's environment. To name a few: • Traffic has increased significantly during peak hours • Dust coming from the parking lot is polluting the environment • Parking on the street creates visibility issues for drivers • It appears that commerce takes place inside some of the cars parked on the street • Graffiti has appeared in the condominium complex where I live, near a place where employees have been seen smoking. • Fights and arguments take place on Glenn Street on the side closer to the condominium complex. Please consider increasing the police patrol on Glenn Street, installing "No-Parking" signs along the hill in front of the Glenn condominium complex. I appreciate your efforts to restore some of the qualities enjoyed in this neighborhood prior to the arrival of House of Leaves. Sincerely, , Eric Buenrostro Azua i r, Planning Department, 51 Winburn Way, Ashland, Oregon 97520 [ - 541 488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 NOTICE OF APPLICATION PLANNING ACTION: PA-2017-00256 SUBJECT PROPERTY: 488 North Main Street OWNER/APPLICANT: Michael and Jeanette Lisk DESCRIPTION: A request for Site Design Review approval to construct a parking lot on the vacant property adjacent to the House of Leaves business at 488 North Main Street and identifying a future building envelope at the corner of North Main and Glenn Streets. The request also includes modifications to the existing parking lot for the House of Leaves approved with PA-2014-01695, and an Exception to Street Standards to allow a six-foot curbside sidewalk along Glenn Street where a sidewalk with park row planting strip would normally be required. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 lE 05DA; TAX LOT 3500 & 3600 NOTICE OF COMPLETE APPLICATION: March 14, 2017 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: March 28, 2017 . PA 020,1,.7-,11,112513 ST SU6JECT PROPERTIES 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 18.5.1.050.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- ev p annmg ammng Actions ottctng Fo er late Notices & Signs 01 PA-2017-00256. ocx SITE DESIGN AND USE STANDARDS k 18.5.2.050 The following criteria shall be used to approve or deny an application: A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3). C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. I D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. E. Exception to the Site Dei,,-!-t d and Design Standards, The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or P unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. { EXCEPTION TO STREET STANDARDS 18.4.6.020.B.1 Exception to the Street Design Standards. The approval authority may approve exceptions to the standards section in 18.4.6.040 Street Design Standards if all of the following circumstances are found to exist. a. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site, b. The exception will result in equal or superior transportation facilities and connectivity considering the following factors where applicable. i. For transit facilities and related improvements, access, wait time, and ride experience. ii. For bicycle facilities, feeling of safety, quality of experience (i.e., comfort level of bicycling along the roadway), and frequency of conflicts with vehicle cross traffic. iii. For pedestrian facilities, feeling of safety, quality of experience (i.e., comfort level of walking along roadway), and ability to safety and efficiency crossing roadway. c. The exception is the minimum necessary to alleviate the difficulty. d. The exception is consistent with the Purpose and Intent of the Street Standards in subsection 18.4.6.040.A. GAcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2017\PA-2017-00256.docx i t AFFIDAVIT OF MAILING i STATE OF OREGON ) County of Jackson ) i 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 March 14, 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-2017-00256, 488 N. Main Street. I i Signature of Employee j i I i I C:1UsersltrapprlDesktoplTemplateslAFFIDAVIT OF MAILING_Regan.docx 3/14/2017 r- I I i Easy Peel®Address Labels I', Go to avery.com/templates Use Ave Template 5160 1 AN" ® i Bend alon line toe posePop-up Edge' PA-2017-00256 391 E05DA 3001 PA-2017-00256 391 E05DA 80003 FH-2017-00256 391 E05DA 330 ABBOTT'S DEVELOPMENTS LLC BAMMAN VICTORIA L BENNETT HARLEY MICHAEL/GABRIELE 1085 DEER VISTA LN 311 GLENN ST 97 PARKER AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ATHERTON, CA 94027 PA-2017-00256 391 E05DA 328 PA-2017-00256 391 E05DA 7000 I PA-2017-00256 391 E05DA 80005 BOLDT INGRID E A BOWLAND SIDNEY J/SHERI L BUENRROSTRO ERIC AZUA 486 LORI LANE PO BOX 1025 319 GLENN ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 I PA-2017-00256 391 E05DA 80004 PA-2017-00256 391 E05DA 6800 j PA-2017-00256 391 E05DA 3402 FARIA PATRICIA L FERRIS CHARLES Y TRUSTEE ET AL FORGEY-JAHN SUSAN/JAHN DAVID 2933 LINCOLN AVE PO BOX 929 25 CREE CT ALAMEDA, CA 94501 OCCIDENTAL, CA 95464 SAN RAMON, CA 94583 i PA-2017-00256 391 E05DA 3403 PA-2017-00256 391 E05DA 8900 PA-2017-00256 391 E05DA 3401 GAY ALMA FRANCIS GREGA SHIRLEY TRUSTEE ET AL GUDGER KENNETH R/DEBORAH C 493 LORI LN 70 COOLIDGE ST 497 LORI LN ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 I PA-2017-00256 391 E05DA 331 PA-2017-00256 391 E05DA 6900 PA-2017-00256 391 E05DA 327 HOWARD JUDITH L TRUSTEE ET AL IRA SERVICES TRUST COMPANY FBO KENDALL FRANCES E ! i 90 RIDGE RD THERESA M 6909 NOR FOLK RD ASHLAND, OR 97520 PO BOX 7080 BERKELEY, CA 94705 SAN CARLOS, CA 94070 PA-2017-00256 391 E05DA 7100 PA-2017-00256 PA-2017-00256 391 E05DA 80006 y KENNEDY KATHERINE M TRUSTEE ET KERRY KENCAIRN LANDSCAPE LEE KATHLEEN AL ARCHITECT 4425 PONCE DE LEON BLVD 5TH FLOOR 132 GREENWAY CIR 545 A STREET CORAL GABLES, FL 33146 MEDFORD, OR 97504 ASHLAND, OR 97520 i i PA-2017-00256 391 E05DA 7200 PA-2017-00256 391 E05DA 12600 PA-2017-00256 391 E05DA 3600 LEMON ADAM P TRUSTEE ET AL LILLICH JOHN G LISK MICHAEL 451 N MAIN ST PO BOX 928 5717 FISHERS FERRY ASHLAND, OR 97520 CLATSKANIE, OR 97016 GOLD HILL, OR 97525 F PA-2017-00256 391 E05DA 343 PA-2017-00256 391 E05DA 3400 PA-2017-00256 391 E05DA 3100 MELDAHL CATHY C TRUSTEE/ NICOLS MARIANNE PINCHOT TRUST OF RB ASHLAND INVESTMENTS LLC 681 MAGNOLIA RD 1 ET AL 5243 PIONEER RD LONGBOAT KEY, FL 34228 7560 WAGNER CREEK RD MEDFORD, OR 97501 TALENT, OR 97540 PA-2017-00256 391 E05DA 80007 PA-2017-00256 1 PA-2017-00256 391 E05DA 329 ROGERS CAROL LEE ANN (TOD) ROGUE PLANNING AND DEVELOPMENT RUBENSTEIN GREGG IVAN BERNELL E 327 GLENN ST 1424 S. IVY ST TRUS ET AL ASHLAND, OR 97520 MEDFORD, OR 97501 3271 MADISON ST ALAMEDA, CA 94501 PA-2017-00256 391 E05DA 2900 PA-2017-00256 391 E05DA 3404 PA-2017-00256 391 E05DA 80008 j SAGER KATHY C ET AL SMITH CONSTANCE L STONG JON S TRUSTEE ET AL 600 NEIL CREEK RD 935 CIENEGUITAS RD C 655 CHERRY ST ASHLAND, OR 97520 SANTA BARBARA, CA 93110 SANTA ROSA, CA 95404 Etiquettes d'adresse Easy Peel® Allez a avery.ca/gabarits Pat: averycom/patents i i RepliezalahachureafinderevelerlerebordPop-upi Utilisez le Gabarit Avery 51601 Easy Peel' Address Labels C® to avery.c®m/templates II; Use Avery Template 51601, Z 7 I L'® 5160® j Bend along line toexpose Pop-up Edge' PA-2017-00256 391 E05DA 3703 PA-2017-00256 391 E05DA 80002 THOMPSON BRENT TRUSTEE ET AL TWIEST AMY K 488 N. MAIN P 0 BOX 201 332 HELMAN ST 3114/2017 NOC I ASHLAND, OR 97520 ASHLAND, OR 97520 32 I I E i i II i I ~I I t {I E I f i k I f I I I I f {t i e k I i i I i I u I Etiquettes d'adresse Easy Peel' Allez a avery.ca/gabarits I Pat:averycom/patents j Repliezhla hachure afinde r6v6lerlerebordPop-up' I Utilisezle GabaritAvery 51601 i 1 i Brims k 's SWIG 3 awaz '121 1. y.,.~ 329 i 302 i X31 3 '3100 7 34 SUM ZKPD A TWO ! - II ~r .i ill 3j ' NIN PERMIT APPLICATIO j\ Planning Division 51 Winburn Way, Ashland OR 97520 = . FILE # C I T Y o F -488-5305 Fax 541-488-6006 ASHLAND 541 541 DESCRIPTION OF PROJECT _ Pursuing LEEDO Certification? ❑ YES ❑ NO DESCRIPTION OF PROPERTY t Street L41 i Assessor's Map No, 39 1 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.. ~r Phone 6711. - E-Mail - zip Address City- I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct. 1 understand that aN 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 fu_l er understand that if this request is subsequently contested, the burden will be on me to establish, 1) that I produced sufficient factual evidence at the heann"I to support this request; 2) that the findings of fact furnished justifies he grantin of ihere~ est; 3) that the findings of fact furnished by riieare adequa ; and..fut~r 4) that all structures orimprovements are-properlylocttedrpnthepround. Failure in this regard will result most likety in not only the request being set aside, but also p s~ibly in my structures being built in reliance thereon being required to t be removed a my ense, If I have any doubts, lam e8jo seek competent prof ~a(advice and assistance, Applicant's Signature Date As owner of the property i olved in this uest, I h ad ap u rstood the complete application and its consequences to me as a property owner. 'Property Owner's Signature (required) Date fro be completed by City Staff) Date Received r . Zoning Permit Type Filing Fee $ OVER 0 G:\comm-dev\planning\Forms & Handouts\Zoning Pemit Applicati on.doc i i I I I r, i 488 North Main Street Site Review for parking lot r ROGUE PLANNING 9 DEVELOPMENT SERVICES. LLC Subiect Property Address: 488 North Main Street i Map & Tax Lot: 39 lE 05DA; Tax Lots 3500 and 3600 Property Owner: Michael and Jeanette Lisk 5717 Gold Fishers Lane Gold Hill, OR 97525 Planning Consultant: Rogue Planning & Development Services 1424 S Ivy Street Medford, OR 97501 Landscape Architect: KenCairn Landscape Architecture 545 A Street Ashland, OR 97520 Comprehensive Plan Designation: Employment Zoning: E-1 Request: Request for Site Review to allow for the construction of a parking lot on the property adjacent to the House of Leaves at 488 North Main Street. The request will also modify the existing parking lot that was reviewed as part of the change of use approval that converted a real estate office building into a marijuana dispensary (PA2014-01695). Property Description and Background: The site is on the east side of North Main Street, south of the intersection of Glenn Street and North Main Street. The site consists of two tax lots, 488 N Main Street is occupied by a retail business, The House of Leaves and tax lot 3600 is vacant. The existing historic contributing structure was converted to a commercial structure in the late 1980s. The lot to the north vacant lot was sold to the current owner of 488 N Main Street in 2015. Since that purchase, the vacant lot has since become an informal, parking lot. The "parking lot" is not paved, has inadequate drainage and is not an approved parking area per the City of Ashland standards. The request to propose additional parking for the business that complies with the city standards will relieve confusion on the site due to the historically awkward parking area on the property, will reduce track-out from the decomposed granite surface and will relieve animosity in the neighborhood due to the impacts of a highly successful business. The property is zoned Employment (E-1). Properties to the north, east, and south are also zoned E-1. The properties to the west, across North Main are zoned Low Density Multi-Family Residential (R-2). There are five parking spaces on the site, an ADA space in front of the building, three surface spaces at the rear of the property and a parking under the carport at the rear of the building. North Main Street is a Boulevard, and has two vehicle travel lanes, two bike lanes and curbside sidewalks on both sides of the road. Glenn Street is classified as a neighborhood collector. There is a five-foot curbside sidewalk along the Glenn Street frontage. There is a driveway curb cut directly adjacent to the east property line. Project Details: The proposal is to construct a 12-space parking lot that complies with City of Ashland standards, to install street improvements including, sidewalks, ADA accessible sidewalk ramp, street trees, improved driveway accesses and a covered bicycle parking structure. i i I Parking Lot Design Standards: The proposed parking lot demonstrates compliance with the standards for parking lot design. There are 12-spaces proposed, a 22-foot driveway is provided between the parking spaces. There is a five-foot landscape buffer between the parking spaces and the adjacent property. There are three parking lot shade trees proposed. A bioswale is provided for the on-site treatment of the parking lot run off. I Shadow Plan: The vacant lot where the parking lot is proposed, is 5,662 square feet in area. The future floor area ratio of the lot is 2,831 square feet. The area reserved as future buildable area has a 1,750-square foot footprint which constructed as a two-story structure would meet or exceed the required floor area ratio. In the event of future redevelopment, the proposed site improvements could be altered to accommodate new construction. The proposal will not modify the existing commercial structure. The proposal will not affect the Floor Area Ratio (FAR) or the density of the parcel. Since 2014, the laws regarding dispensing marijuana have changed and retail dispensaries are allowed in Ashland as a special permitted use. The change from medical marijuana dispensary to i retail dispensary does not require additional review, the use of the adjacent vacant parcel as a parking lot has triggered the Site Review. The existing site is non-confoi7ning due to parking space between the building and the street. The site has a grade change of seven percent on the Glenn Street frontage and ten percent grade on the driveway. The area in front of the building where the parking spaces is location has less than a two percent cross slope which complies with ADA standards. The ADA parking space cannot be relocated away from the front of the building due to the sites topography. F The current bicycle parking spaces are at the rear of the building and is rarely utilized. With the proposal, a covered rack for four bicycle parking spaces will be provided at the front of the property near the North Main driveway. A structural permit for this structure will be obtained demonstrating compliance with the spacing and coverage standards. Below are the written findings addressing the applicable criteria from the Ashland Municipal Code, the code is in CaIibri font. The applicant's findings are in Times New Roman font. k[- F Written findings for Site Design Review: AMC 18.5.2.050 A. Underlying Zone. The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. The proposed parking lot installation complies with the applicable provisions of the underlying zone. The lot area of both parcels of property, the building setbacks, height, orientation, presence to the street, architecture and front entrance into 488 N Main Street will not be altered as part of this proposal. The lot coverage of 488 N Main will remain roughly the same and the lot coverage of TL#3600 will increase to approximately 60 percent, less than allowed in the zone. A large tree which has received a removal approval has been removed and the multi-stemmed, small diameter locusts' trees near the boulder outcroppings have been removed as well. The applicable standards for the operation of the business are not altered with respect to the provision of adequate parking. The use of the property will remain as allowed in AMC 18.2.3.190.B. for a Marijuana Related Retail Business. B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3 (Detail, Downtown and Historic District Overlays)). The site development at 488 North Main'is pre-existing non-conforming (ADA space between building and the street). The proposed parking lot will not negatively impact the requirements of the Site Review, Detail Site Review or Historic District Overlay standards. The Historic Contributing structure will remain as is. The site design standards for landscaping, streetscaping, parking lot design found in the Site Review and Detail Site Review chapters are addressed in greater detail in findings for C. Site Development and Design Standards. C. Site Development and Design Standards. The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. The proposed parking lot is fully in compliance with the Site Development and Design Standards. Orientation, scale, building materials, pedestrian plaza area, massing, historic district compliance, etc. will not be altered with the proposed parking lot. Streetscape: One street tree selected from the street tree list and in consultation with the Tree Commission and the project landscape architect, will be placed on North Main Street. This is due to the spacing standards. The tree must be 25-feet from the intersection and 10-feet from the driveway. c i' k `C l~ to the spacing standards. The tree must be 25-feet from the intersection and W-feet from the driveway. The new street improvements will provide increased hardscape. Since the improvements are technically part of the required street improvements the sidewalk materials will consist of the standard specifications as required by the Public Works engineering specifications. Buffering and Screening: In addition to the existing six-foot tall, solid panel wood fence along the east property line, a five-foot landscape buffer is proposed. The residences to the east are within the Commercial Zone. At the time of development, the residences were allowed with a conditional use permit. Current codes would not permit the same intensity of residential development in the Commercial zone as previously permitted. Separation of residential uses from commercial uses reduces the complaints from non-conforming residences upset with allowed commercial acidities in the commercial zone. The buffer is adequate to deal with the incompatibility of the residential use and the commercial zone. The parking lot will be buffered from North Main with a more than 20-foot setback that will be landscaped. A landscape buffer with a parking lot shade tree and the bioswale with a parking lot shade tree will buffer the parking lot from Glenn Street frontage. I 18.4.3.030 General Automobile Parking Requirements and Exceptions A. Minimum Number of Off-Street Automobile Parking Spaces. Off-street parking shall be provided pursuant to one of the following three methods and shall include required Disabled Person Parking. 2. Unspecified Use. Where automobile parking requirements for any use are not specifically listed in Table , such requirements shall be determined by the Staff Advisor based upon the most comparable use specified in this section, and other available data. Previously, Marijuana Facilities were considered Retail and based on a 1 parking space to 350 square feet or floor area, in this case, that required five parking spaces. Based on j other available data now collected in other states regarding Marijuana Dispensaries, a Parking Demand Analysis as provided below has been conducted. 3. Parking Demand Analysis. The approval authority through a discretionary review may approve a parking standard that is different than the standards under subsection 1 and 2, above, as follows. a. The applicant submits a parking demand analysis with supporting data prepared by a professional engineer, planner, architect, landscape architect, or other qualified professional; The parking demand analysis was prepared by a professional transportation engineer. b. The parking analysis, at a minimum, shall assess the average parking demand and available supply for existing and proposed uses on the subject site; opportunities for shared parking with other uses in the vicinity; existing public parking in the vicinity; transportation options existing or planned near the site, such as frequent bus service, carpools, or private shuttles; and other relevant factors. The parking demand analysis option may be used in conjunction with, or independent of, the options provided under section ' Parking Management Strategies. The parking analysis discusses average parking demand for existing use when compared to marijuana dispensaries using transportation demand data. The property is on a bus route as well. The parking demand analysis found that the demand at peak hours for a dispensary is around 13 vehicle parking spaces. The proposal provides for 12 vehicle parking spaces. c. The review procedure shall be the same as for the main project application. 18.4.3.050 Accessible Parking Spaces An accessible parking space is provided on site. 18.4.3.070 Bicycle Parking E. Bicycle Parking for Parking Lots and Structures. All public parking lots and structures shall provide two spaces per primary use, or one bicycle parking space for every five automobile parking spaces, of which 50 percent shall be sheltered. Four covered bicycle parking spaces are proposed. More than one bicycle space for every five provided automobile parking spaces. 1. Bicycle Parking Design Standards. 1. Bicycle parking shall be located so that it is visible to and conveniently accessed by cyclists, and promotes security from theft and damage. The bicycle parking is visible and accessible. 2. Bicycle parking requirements, pursuant to this section, can be met in any of the following ways. a. Providing bicycle racks or lockers outside the main building, underneath an awning or marquee, or in an accessory parking structure. i An accessory bicycle parking structure is proposed. 3. All required exterior bicycle parking shall be located on-site and within 50 feet of a regularly used building entrance and not farther from the entrance than the closest motor vehicle parking space. Bicycle parking shall have direct access to both the public right-of-way and to the main entrance of the principal use. The bicycle parking is within 50-feet of the building entrance, is closer than the vehicle parking spaces excepting the ADA space. The bike parking is directly accessible from the public right-of-way and to the main entrance of the building. 4. Required bicycle parking spaces located out of doors shall be visible enough to provide security. Lighting shall be provided in a bicycle parking area so that all facilities are thoroughly illuminated and visible from adjacent walkways or motor vehicle parking lots during all hours of use. Bicycle parking shall be at least as well lit as automobile parking. A low voltage LED light will be provided for the bicycle parking area. 5. Paving and Surfacing. Outdoor bicycle parking facilities shall be surfaced in the same manner as the automobile parking area or with a minimum of two inch thickness of hard surfacing (i.e., asphalt, concrete, pavers, or similar material) and shall be relatively level. This surface will be maintained in a smooth, durable, and well-drained condition. The bicycle parking structure will be surfaced with concrete to match the sidewalk at the time of sidewalk installation. 6. Bicycle parking located outside the building shall provide and maintain an aisle for bicycle maneuvering between each row of bicycle parking. Bicycle parking including rack installations shall conform to the minimum clearance standards as illustrated in Figure 18.4.3.070.1.6. The bicycle parking rack will conform to the minimum standards from AMC 18.4.3.070.1.6 and conformance will be provided on the structural permit for the bicycle parking rack. 2. Bicycle parking shall not impede or create a hazard to pedestrians. They shall not be located so as to violate the vision clearance standards of section . Bicycle parking facilities should be harmonious with their environment both in color and design. i Facilities should be incorporated whenever possible into building design or street furniture. The bicycle parking will not create a hazard to pedestrians or to the vision clearances. The rack will remain raw metal or powder coated in black or natural colors. J. Bicycle Parking Rack Standards. The intent of the following standards is to ensure that required bicycle racks are designed so that bicycles may be securely locked to them without undue inconvenience and will be reasonably safeguarded from intentional or accidental damage. 1. Bicycle parking racks shall consist of staple-design or inverted-u steel racks meeting the individual rack specifications as illustrated in Figure 18.4.3.070.J.1. The Staff Advisor, following review by the Transportation Commission, may approve alternatives to the above standards. Alternatives shall conform to all other applicable standards of this section. The covered rack will consist of the staple design or inverted a rack. 18.4.3.080 Vehicle Area Design A. Parking Location The proposed parking is located on the adjacent property, owned by the same person as the dispensary property. The parking, except the existing ADA space is to the side and rear of the existing business. B. Parking Area Design. Required parking areas shall be designed in accordance with the following standards and dimensions as illustrated in 18.4.3.080.B. See also, accessible parking space requirements in section 18.4.3.050 and parking lot and screening standards in subsection 18.4.4.030.F. 1. Parking spaces shall be a minimum of 9 feet by 18 feet. Seven of the twelve proposed parking spaces are 9 feet by 18 feet. 2. Up to 50 percent of the total automobile parking spaces in a parking lot may be designated for compact cars. Minimum dimensions for compact spaces shall be 8 feet by 16 feet. Such spaces shall be signed or the space painted with the words "Compact Car Only." Five of the proposed parking spaces are proposed as compact. They are 8 feet by 16 feet. Signs or painting will be provided to designate the compact car spaces. 3. Parking spaces shall have a back-up maneuvering space not less than 22 feet, except where parking is angled, and which does not necessitate moving of other vehicles. 22-feet of back-up and maneuvering space is provided for all of the parking spaces. 4. Parking lots of more than 50-spaces There are less than 50-spaces. 5. Parking areas shall be designed to minimize the adverse environmental and microclimatic impacts of surface parking through design and material selection as illustrated in Figure 18.4.3.080.8.5. Parking areas of more than seven parking spaces shall meet the following standards. a. Use at one or more of the following strategies for the surface parking area, or put 50 percent of parking underground. For parking lots with 50 or more spaces, the approval authority may approve a combination of strategies. i. Use light colored paving materials with a high solar reflectance (Solar Reflective Index (SRI) of at least 29) to reduce heat absorption for a minimum of 50 percent of the parking area surface. ii. Provide porous solid surfacing or an open grid pavement system that is at least' 50 percent pervious for a minimum of 50 percent of the parking area surface. iii. Provide at least 50 percent shade from tree canopy over the parking area surface within five years of project occupancy. One shade tree is required for every seven parking spaces. There are four parking lot shade trees proposed, this is more than a 50 percent shade from tree canopy. I iv. Provide at least 50 percent shade from solar energy generating carports, canopies or trellis structures over the parking area surface. b. Design parking lots and other hard surface areas in a way that captures and treats runoff with landscaped medians and swales. The parking lot is designed in a manner that captures and treats run-off. Engineering for the street improvements and parking lot will be provided for the building permit approvals. C. Vehicular Access and Circulation. The intent of this subsection is to manage access to land uses and on-site circulation and maintain transportation system safety and i i operations. For transportation improvement requirements, refer to chapter j Public Facilities. 2. Site Circulation. New development shall be required to provide a circulation system that accommodates expected traffic on the site. All on-site circulation systems shall incorporate street-like features as described in 18.4.3.080.6.4. Pedestrian connections on the site, including connections through large sites, and connections between sites and adjacent sidewalks must conform to the provisions of section I The proposed site layout allows for a circulation system that accommodates expected traffic on the site. i. 3. Intersection and Driveway Separation. The distance from a street intersection to a driveway, or from a driveway to another driveway shall meet the minimum spacing requirements for the street's classification in the Ashland Transportation System Plan (TSP). E. The reconstructed driveway from Glenn Street will be located 53-feet west of the intersection of the right-of-way and the property line and more than 75-feet from the adjacent properties driveway to the east. D. Driveways and Turn-Around Design. Driveways and turn-arounds providing access to parking areas shall conform to the following provisions. 3. Parking areas of more than seven parking spaces shall be served by a driveway 20 feet in width and constructed to: facilitate the flow of traffic on or off the site, with due regard to pedestrian and vehicle safety; be clearly and permanently marked and defined; and provide adequate aisles or turn-around areas so that all vehicles may enter the street in a forward manner. The parking area is more than seven spaces and the driveway from Glenn Sheet is proposed to be 20-feet in width. The grade of the driveway and parking area is less than 10 percent. Adequate clearances will be retained under the trees in the parking lot. E. Parking and Access Construction. The development and maintenance as provided below, shall apply in all cases, except single-family dwellings. 1. Paving. All required parking areas, aisles, turn-arounds, and driveways shall be paved with concrete, asphaltic, porous solid surface, or comparable surfacing, constructed to standards on file in the office of the City Engineer. The driveways, aisles, parking area, will be paved with concrete to the standards on file in the office of the City Engineer. 2. Drainage. All required parking areas, aisles, and turn-arounds shall have provisions made for the on-site collection of drainage waters to eliminate sheet flow of such waters onto sidewalks, public rights-of-way, and abutting private property. All drainage will be collected on-site and will eliminate sheet flow. 3. Driveway Approaches. Approaches shall be paved with concrete surfacing constructed to standards on file in the office of the City Engineer. The driveway approach on Glenn will be paved with concrete surfacing and the North Main approach will be repaved to concrete. 4. Marking. Parking lots of more than seven spaces shall have all spaces permanently and clearly marked. The spaces will be clearly, and permanently marked. j 5. Wheel stops. Wheel stops shall be a minimum of four inches in height and width and six feet in length. They shall be firmly attached to the ground and so constructed as to withstand normal wear. Wheel stops shall be provided where appropriate for all spaces abutting property lines, buildings, landscaping, and no vehicle shall overhang a public right-of-way. Wheel stops will be provided for the parking spaces. 6. Walls and Hedges a. Where a parking facility is adjacent to a street, a decorative masonry wall or evergreen hedge screen between 30 and 42 inches in height and a minimum of 12 inches in width shall be established parallel to and not nearer than two feet from the right-of-way line, pursuant to the following requirements. i. The area between the wall or hedge and street line shall be landscaped. ii. Screen planting shall be of such size and number to provide the required screening within 12 months of installation. The parking spaces are more than five feet from the street and will not have a hedge or masonry screen. 18.4.4.030 Landscaping and Screening Parking Lot Landscaping and Screening. Parking lot landscaping, including areas of vehicle maneuvering, parking, and loading, shall meet the following requirements. 1. Landscaping. a. Parking lot landscaping shall consist of a minimum of seven percent of the total parking area plus a ratio of one tree for each seven parking spaces to create a canopy effect. The proposed landscape area consists of more than seven percent of the parking area and more than one tree of every seven parking spaces has been proposed. Large canopy parking lot shade trees evenly distributed throughout the parking area and around the perimeter has been proposed. A five-foot buffer has been proposed adjacent to the property line. D. City Facilities. The proposal complies with the applicable standards in section 18.4.6 Public Facilities, and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property, and adequate transportation can and will be provided to the subject property. Public facilities exist to serve the existing building and changes in facilities are anticipated. The construction of a parking lot will not have a significant impact on the utilities. Storm water runoff will be collected, detained and released in the City system at pre-development peals flow levels. The storm water facilities will be designed by a civil engineer and engineering plans will be submitted to the City of Ashland Public Works and Building Divisions for review and approval prior to site work. The property is located on North Main Street which is paved with curb, gutter, and curbside sidewalk. With the improvements, modifications to the public right of way, park row are proposed. A new street tree will be planted in a five foot by five-foot street tree well with City Standard tree grate. There is not irrigation existing under the sidewalk it will be installed to sustain the street tree. E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist. None requested Written findings addressing the criteria for an Exception to the Street Standards: 18.4.6.020 1. Exception to the Street Design Standards. The approval authority may approve exceptions to the standards section in 18.4.6.040 Street Design Standards if all of the following circumstances are found to exist. c; The request is to install six-foot of curbside sidewalk to connect to the existing five-foot wide curbside sidewalk on Glenn Street. a. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. The existing sidewalk on Glenn Street is less than the minimum standard for a neighborhood collector. At the time of the development of the future buildable area, the sidewalk along the Glenn Street frontage will be altered and the exception requested here would go away. The proposal maintains consistency with the existing street scape and brings it closer to the standard. b The exception will result in equal or superior transportation facilities and connectivity considering the following factors where applicable. ii. For bicycle facilities, feeling of safety, quality of experience, and frequency of conflicts with vehicle cross traffic. Glenn Street does not have dedicated bicycle lane. North Main has dedicated bicycle lanes. The proposed bicycle parking structure will provide for improved bicycle facilities. iii. For pedestrian facilities, feeling of safety, quality of experience and ability to safety and efficiency crossing roadway. The existing sidewalk is consistent with the sidewalk development pattern to the east on Glenn Street. The modified cross walk with truncated dome will improve the experience and ability to safety and efficiency crossing Glenn Street. The re-constructed driveway curbcut will also improve the pedestrian facilities. c. The exception is the minimum necessary to alleviate the difficulty. - The requested exception is the minimum necessary to provide for a consistent street pattern. d. The exception is consistent with the Purpose and Intent of the Street Standards in subsection 18.4.6.040.A. The purpose of the Street Standards seeks to improve the existing and provide multiple transportation options. With a focus on a safe environment for all users, using the streets as public spaces, and enhancing the livability of the neighborhood, the proposed bicycle parking structure and complete sidewalk system and new trees and landscaping a achieve this purpose. The i exception furthers the intent of the Street Standards which speak to developing healthy, livable streets with sidewalks shaded by trees for pedestrian comfort while addressing the mix of pedestrian, bicycle, and motor vehicle traffic by providing additional bicycle parking facilities and a street tree to provide shade. Attachments: Historic Resources Inventory Proposed Parking Lot Development Plan Proposed Parking Lot Landscape Plan Traffic Analysis and Parking Assessment E' k' i i i i r 4 I BEAVER, A. M. RENTAL 1910c 488 MAINST N 391E05DA 3500 20th Century American: Bungalow Historic Contributing Built c!910, this dwelling is shown on the 1911 Sanborn Fire Insurance Map and was owned during this period by A. M. Beaver, a prominent Ashland real estate agent and partner in the firm Yockey and Beaver. Mr. Beaver, who lived on Beach Street, presumably built this dwelling either as a rental or on speculation. (JCD 87:104) By 1920 the property was owned by Michael Otto. (JCD 102:509) and by 1949 the house was owned and occupied by L. R. and Mary Hawley. Sometime prior to 1964 the Beaver Rental was converted to at least partial commercial use and long served as the location of a TV and radio service business. More recently the house was rehabilitated and is now in office and residential use. A two-story front facing gable volume, the Beaver Rental House accurately reflects its original construction in the shingle exterior and large brackets of the gable ends while the first floor, with large paned windows, reflect the conversion of the property to commercial use. As a product of this development, the Beaver Rental retains sufficient integrity to relate its period of construction and its development through the historic period. E 100 MADISON ST I;,-E i' SUITE A [ UC--- ~r" ORFGc -)N 97402 541.51 3.3376 February 4, 2017 Karl Johnson, E.I.T., Associate Engineer City of Ashland, Public Works/Engineering 20 East Main St Ashland, Oregon 97520 RE; House of Leaves- Trip Generation Analysis and Parking Analysis. Dear Mr. Johnson Sandow Engineering has prepared a trip generation and parking estimate for the House of Leaves business located at 488 Main Street in Ashland, Or. The use of the site is a 1,922-sf building used for recreational marijuana sales. This building and the marijuana dispensary use is currently existing on the site. However, the applicant has identified a need for additional parking. As such the applicant is proposing to expand the parking to the adjacent lot. The following information provides the estimate for the number of parking spaced the site will need to demonstrate that need for the additional parking. PARKING ESTIMATE Generally, parking estimates use City development codes or date contained within the institute of Transportation Engineers (ITE) Parking Generation. However, there is no land use category within the City code or the the ITE manuals that accurately describes this particular type of use. This type of use is fairly new and has sparked the need for providing additional data for estimation of parking. Recently, Spack Consulting collected data at 4 marijuana dispensaries to provide parking estimates for this type of land use. The data was collected for 3 days (24 hour counts each day) at each of the sites for a total of 12 data points. The study from Spack Consulting shows an average parking demand of 6.73 spaces per 1,000 sf building area. Table 1 provides the parking demand for the expansion using the 6.73 trip rate. The data from Spack Consulting is provided as an Attachment. TABLE 1. PARKING DEMAND ESTIMATE Land Use Rate Peak Parking Demand Marijuana Dispensary 1,922 sf T 6.73* 13 *rate from Spack Consulting As demonstrated, the 1,922 sf marijuana dispensary is estimated to have a peak parking demand of 13 vehicles. The data from Spack Constulting showed that there was not apparent pattern to the Proposal from Kelly Sandow RE: Trip Generation-Parl<ing'a-,,galysis, Pee Estimate February 4, 2017 Page 2 time period in which the peak parking occurred. The peak parking was observed to typically occur in the late afternoon but the time of day varied by site. FINDINGS The estimated parking demand for the House of Leaves dispensary is 13 parking spaces during the peak parking time. Please contact me with question or additional information needed. S' cerely, Kelly andow, PE SANDOWENGINEERING I - W W V7 Z J Q F , Z F ~ (D a- (D w X H U~ y ® Qa 0 < 0 . 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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: $ 1,122.00 $ 1,122.00 or local laws, ordinances, or regulations rests solely with the applicant. Sub-Total: $ 1,122.00 app Fees Paid: $ 1,122.00 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 CITY F Inspection Request Line: 541-552-2080 S HI L AN