HomeMy WebLinkAboutApplegate_485_TREE-2018-00031
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April 9, 2018
Notice of Final Decision
On April 9, 2018, the Community Development Director approved the request for the following:
Planning Action: PA-2018-00294
Subject Property: 485 Applegate Way
Applicant: Applegate Way LLC
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Description: A request for Site Design Review for the conversion of 1,814 square feet
of existing warehouse space into a marijuana processing and packaging facility at 485 Applegate
Way. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1;
ASSESSOR'S MAP: 39 lE 13 BB; TAX LOT: 900
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 Nathan Emerson 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 `
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SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action
after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence
during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity
to respond to the issue prior to making a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.B.
c. Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal Filing Procedure.
a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this
subsection. The fee required in this section shall not apply to appeals made by neighborhood or community
organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing
or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
c. Content of Notice ofAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a
jurisdictional defect and will not be heard or considered.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the
Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation,
and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and
arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant
ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures,
pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 - 197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 'r
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 `
ASHLAND PLANNI G DIVISION
FINDINGS ORDERS
PLANNING ACTION: PA-2018-00294
SUB + CT PROPERTY: 485 Applegate Way
APPLICANT/OWNER: Applegate Way LLC
DESCRIPTION: A request for Site Design Review for the conversion of 1,814 square feet of
existing warehouse space into a marijuana processing and packaging facility at 485 Applegate Way.
COMPREHENSIVE PL DESIGNATION: Employment; ZONING: E-1;
ASSESSOR'S MAP: 39 lE 13BB; T LOTS: 900
SUBMITTAL DATE: February 9, 2018
DEEMED COMPLETE DA'L'E: February 26, 2018
STAFF APPROVAL DATE: April 9, 2018
APPEAL DEADLINE (4:30 P.M.) April 23, 2018
FINAL DECISION DATE: April 24, 2018
APPROVAL EXPIRATION DATE: October 24, 2019
DECISION
The proposal is a request for a Commercial Site Design Review to convert the existing warehouse space at
485 Applegate Way into a marijuana processing facility. A Site Design Review is triggered because of a
change in occupancy from a warehouse to a processing facility.
The subject property is located on the northeast side of the cul-de-sac on Applegate Way. The cul-de-sac has
a mix of commercial uses and is situated between the airport to the north, county land to the east, and
residential areas to the south-. The subject property is zoned Employment (E-1), as is the area immediately
surrounding the site. Because the site is located near the airport, it is in the Airport overlay. There are no
proposed changes in height to the structure, so the overlay requirements are met.
The lot isxoughly rectangular, with a 70-foot frontage on Applegate Way. The total area is approximately
15,250 square feet. The structure is identified as 3,472 square feet in size. Per the applicant, 1,814 square
feet is currently being used as warehouse space. The remainder of the building is occupied by the Madrone
Cannabis Club, a recreational marijuana dispensary. The Madrone Club was approved by Planning Action
#2015-01090 in 2015.
The layout of the site is commercial in character. It is relatively flat and has landscaping installed per its
commercial site-review approval in 2007 (Planning Action #2007-01549). Access to the site is provided via
Applegate Way. Applegate Way is an improved Neighborhood Commercial Street with a continuous
sidewalk on one side of the street.
The proposed use, marijuana processing, is permitted in the E-1 zone if the applicant meets the special use
standards. The business is located in an existing permanent building and will not be engaging in outdoor
PA 42019-00294
485 Applegate Way/nre
Page 1.
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storage, cultivation, or production. The applicant has proposed one exterior change. They wish to remove
and fill in a rollup door on the rear of the building. This is consistent with Site Design Review standards.
Per the applicant, all disposal will be conducted off site in an approved location and no waste will be stored
in refuse containers outside. The applicant has indicated they will meet all building and safety codes required
of a marijuana processing facility. Detailed plans will be submitted before installation and no processing
will be allowed to occur until such permits have been applied for and finalized.
Per the methodology in AMC 18.2.3.190.B. L f, there are no other processing facilities within 1,000 feet of
the facility at 485 Applegate Way. Additionally, there is no residential zone within 200 feet of the site. The
applicant has also agreed to record a declaration that shall waive any claim to hold the City liable for
damages suffered from enforcement actions by state or federal entities.
The proposal is subject to the site development and design standards for non-residential development,
including the Site Review Standards, in AMC 18.4.2.040. Because the applicant is in a building that has
already undergone Site Design Review and the exterior changes are minimal the site has already met most
criteria.
The site has nine existing parking spaces. One of the spaces is handicap accessible. The marijuana retail
portion of the building, per its previous approval, requires four parking spaces. Marijuana production
requires one parking space per 1,000 square feet, plus one space for a company vehicle. The total required
parking is thus seven spaces. The already provided spaces are satisfactory to meet the parking requirement.
Two covered bicycle parking spaces have also been provided.
The orientation of the building is already set and the landscaping is mature. The landscaping was required in
the'original approval of the building's construction. Per the application, approximately 19% of the site is
landscaped, exceeding the zone minimums.
The property is already served by city facilities. As noted, a sidewalk and street trees are in place in front of
the building.
The City did receive several comments from neighbors regarding the project. Most expressed concern about
potential odors from the site. The applicant has proposed installing an air filtration system to address this
concern. The installation will be required as part of the approval. The site will still be subject to the
nuisance standards regarding odors under AMC 9.08.060, as is every lot in the city.
Several comments expressed concern about increased traffic and- drivers being under the influence of
marijuana products. While the facility may see an increase in traffic above the existing warehouse space, it
is expected to be limited in impact. No new direct retail sales will occur in the processing site. The City has
received no complaints regarding the conduct of the existing dispensary on the other half of the property.
The special use standards for Marijuana Related Businesses are in A 18.2.3.190 as follows:
A. Marijuana-Related Businesses
1. Marijuana-related businesses may require Site Design Review under chapter 18.5.2 or a Conditional
Use Permit under chapter 18.5.4. See Table 18.2.2.030 - Uses Allowed by Zone for zones where
PA #2019-00294
485 Applegate Way/nre
Page 2
marijuana-related businesses are allowed. See definition -of marijuana-related businesses in part
18.6. Marijuana-related businesses shall meet all of the following requirements.
a. The business must be located in a permanent building and may not locate in a trailer, cargo
container, or motor vehicle. Outdoor marijuana production, cultivation, and storage of
merchandise, raw materials, or other material associated with the business are prohibited.
b. Any modifications to the subject site or exterior of a building housing the business must be
consistent with the Site Design Use Standards, and obtain Site Design Review approval if
required by section 18.5.2.020. Security bars or grates on windows and doors are prohibited.
c. The business must provide for secure disposal of marijuana remnants or by-products; such
remnants or by-products shall not be placed within the business' exterior refuse containers.
d. Light and Glare. Shield lighting systems and use window coverings to confine light and glare
from light systems associated with indoor cultivation so as to confine light and glare to the
interior of the structure. Grow light systems within a greenhouse are prohibited.
e. Building Code. Any structure, accessory structure, electrical service, plumbing, or
mechanical equipment (e.g., lighting, fans, heating and cooling systems) associated with a
business shall satisfy the Building Code requirements and obtain all required building
permits prior to installation.
f. Methodology for Measuring Separation Requirements. The following methodology shall be
used for marijuana related- businesses that are required to be separated by a specific
distance (i.e., marijuana production facility, marijuana wholesale facility, marijuana retail
outlet). For the purposes of determining the distance between a marijuana related-business
and another marijuana-related business, "within 1,000 feet" means a straight line
measurement in a radius extending for 1,000 feet or less in every direction from the closest
point anywhere on the premises of an approved marijuana related- business to the closest
point anywhere on the premises of a proposed marijuana-related business of the same type.
If any portion of the premises of a proposed marijuana related-business is within 1,000 feet
of an approved marijuana related business of the same type, it may not be approved. For the
purpose of this section, premises is all public and private enclosed areas within a building at
the location that are used in the business operation, including offices, kitchens, rest rooms,
and storerooms.
g. The property owner shall-record a declaration which waives any claim or right to hold the
City liable for damages -they or a tenant may suffer from state or federal enforcement actions
for activities the City permits as a result of its approval of the proposed use or development
once such approval is granted. Furthermore, the owner and tenant agrees not to
unreasonably disobey the City's order to halt or suspend business if state or federal
authorities order or otherwise subject the City to enforcement to- comply with laws n
contradiction to the continued operations of the -business as permitted under section
18.2.3.190.
h. A marijuana-related business must obtain an approved license or registration from the State
of Oregon and meet all applicable Oregon Revised Statutes and Oregon Administrative
Rules.
Marijuana Laboratories, Processing, Production, and Wholesale. In addition to the standards
described in subsection 18.2.3.190.B.1, above, marijuana laboratories, processing, production,
and wholesale shall meet the following requirements as applicable. See definition of marijuana
PA #2019-00294
485 Applegate Way/nre
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processing and production in part 18.6.
a. Marijuana laboratories, processing, production, and wholesale shall be located 200 feet E'
or more from residential zones.
b. Marijuana Production.
i. Marijuana production shall be limited to 5,000 square feet of gross leasable floor
area per lot.
ii. A marijuana production facility shall be located more than 1,000 feet from another
marijuana production facility. See subsection 18.2.3.190.B.1.f for methodology for
measuring the required distance between marijuana related-businesses.
c. Marijuana Wholesale. A marijuana wholesale facility shall be located more than 1,000
feet from another marijuana wholesale facility. See subsection 18.2.3.190.B.1.f for
methodology for measuring the required distance between marijuana related-businesses.
The approval criteria for Site Design Review are in AMC 18.5.2.050 as follows:
An application for Site Design Review shall be approved if the proposal meets the criteria in subsections
A, B, C, and D below. The approval authority may, in approving the application, impose conditions of
approval, consistent with the applicable criteria.
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.
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 -rs 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.
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PA #2019-00294
485 Applegate Way/mre
Page 4
The application with the attached conditions complies with all applicable City ordinances. Planning Action
#2018-00294 is approved with the following conditions. Further, if any one or more of the following
conditions are found to be invalid for any reason whatsoever, then Planning Action #2018-00294 is denied.
The following conditions are attached to the approval.
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1) That all proposals of the applicant shall be conditions of approval unless otherwise modified
herein.
2) That a building permit to modify the occupancy classification of the space shall be applied for
and approved by the Building Department prior to any operation of the marijuana processing
facility.
3) That the plans submitted for the building permit shall be in substantial conformance with those
approved as part of this application and shall meet AMC 18.2.3.190.B. Le. 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 approval shall be submitted and approved prior to
issuance of a building permit.
4) That the marijuana processing facility shall comply with all requirements of AMC 18.2.3.190.B.1
and 18.2.3.190.B.2
5) That the marijuana processing facility shall meet or exceed the air filtration requirements of
AMC 6.50.060.F.
6) That prior to operation of the business:
a. The marijuana-related business shall obtain an approved license or registration from the
State of Oregon and meet all applicable Oregon Revised Statutes and Oregon
Administrative Rules.
b. The marijuana-related business shall obtain a City of Ashland business license.
7) That a sign permit in accordance with AMC 18.4.7 shall be obtained prior to the installation of
signage that is-visible from the public right of way.
ill Molnar, C nununity Development Director Date
epartm~g~ o t Community Development
PA #2019-00294
485 Applegate Way/nre
Page 5
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On April 9, 2018 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-2018-00294, 485 Applegate Way.
Signature of Employee
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C:IUserslsmithda.AFNHEIDesktoplAFFIDAMT OF MAILING _ds.docx 41912018
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PA-2018-00294 391 E13BB 800 PA-2018-00294 391 E13BB 900 PA-2018-00294 391 E13BB 700
APPLEGATE INDUSTRIAL ARTS LLC APPLEGATE WAY LLC JORDAN SCOTT & COMSTOCK MYLES R VALLEY
2305 ASHLAND ST STE C PMB 776 KYLE TRACEY EQUIPMENT RENTAL
ASHLAND, OR 97520 485 APPLEGATE WAY RD 2915 HWY 66
ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-00294 391 E13BB 1200 PA-2018-00294 391 E13BB 400 PA-2018-00294 391 E13BB 400
CONNOLLY APPLEGATE PROPERTIES GEORGE RALPH D GEORGE RALPH D TRUSTEE ET AL
LLC 1605 SISKIYOU BLVD 4124 SUNLAND AVE
142 E MAIN ST ASHLAND, OR 97520 CENTRAL POINT, OR 97502
ASHLAND, OR 97520
G
PA-2018-00294 391 E13BB 1100 PA-2018-00294 391 E13BB 200 PA-2018-00294
METROPOLIS PROPERTIES LLC RENDEVCO LLC APPLEGATE WAY LLC
2836 ELEVENTH AVE W 2995 HWY 66 481 APPLEGATE WAY
EUGENE, OR 97402 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-00294 PA-2018-00294 PA-2018-00294
PETER CIPES ROGUE VALLEY TAILORING JOYCE COUNTRY CORNER MANAGEMENT C
317 N MAIN STOCKSTILL REN KOLAR
ASHLAND, OR 97520 3003 HWY 66 2995 HWY 66
ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-00294 PA-2018-00294 PA-2018-00294
WALTER OUSEY MISSION STAMP & SUPPLY CO THE PARENT RESOURCE CENTTER
2997 HWY 66 CHRISTIAN DONICA MICHELLE JENSEN
ASHLAND, OR 97520 3005 HWY 66 2999 HWY 66
ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-00294 485 Applegate Way
PETER CIPES 04-09-2018 - NOD
317NMAIN ST 16
ASHLAND, OR 97520
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March 8, 2018
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Planning Department
51 Winburn Way
Ashland, Or 97520
Re: Notice of Application
Re: PA-2018-00294
Request for Site Review
Dear Planning Department:
I am the owner of Rogue Valley Tailoring located at 3003 Hwy 66. 1 have operated
my business at The Country Corner complex since 1978 nearly 40 years. I
welcome compatible new businesses in the neighborhood, but I must take great
exception to the proposed marijuana processing and packaging business that has
made application for change in use.
This proposed business is unsuitable as it would be adjacent to long term existing
service businesses that have daily clients. Any odors emanating from this
proposed plant would have serious health implications for my clients as well as
myself.
It is my hope that this proposed marijuana processing plant be given a serious
review and is rejected.
Thank you.
Joyce Stockstill
Rogue Valley Tailoring
3003 Hwy 66
Ashland, Or 97520
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i,'?esorce
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2999 Highway 66
Ashland, OR. 97520
March 7, 2018
Planning Department
51 Winburn Way
Ashland, Or. 97520
To Whom It May Concern:
Regarding your Notice of Application: pa-2018-00294, Request for Site Review:
I want to object to the change of use indicated in the application. I have an office in the
Country Corner. I work with parents who are trying to set good examples for their
children and right now in our Community this is getting to be difficult.
I am very upset about people changing this valuable sweet community to a drug
commodity and increasingly showing our children - at very early ages - that it's ok to
become part of a drug induced world.
Many of these people coming to our valley are simply taking over the normal population
of hard working people and taking over our lands and values. They come from Los
Angeles and many other places to ruin the community and utilize it for their own greed.
Many are not sociable and not society conscience. Our children see this.
I have spoken to the Sheriff and other police officers and they are alarmed at the increase
of crime, drug use, violence, and addictions in the valley. This Community does not have
the funds to support these problems or programs to support these addictions. Where is the
consciousness of prevention and the need to have nice communities with nice families
values? What does this community of nice people now - look like in ten years? We need
to be not short sited in world.
I have seen many people smoking pot (it reeks) as they drive down the roads & freeways.
This is unacceptable and we do not have the police force to take care of these types of
happenings. Many of these people are driving around without a license you can see on
their cars. Some have licenses in the window only, which makes me think, how easy to
change that one whenever it suits them.
The types of people coming to be "a part" of the fabric of the Marijuana Culture, are
bringing more sophisticated, thug-like individuals with a lot of money to burn. They are
blatantly using residences in and around regular neighborhoods to distribute the pot
through supposed "taxi services" and delivering pot all over the valley. They think no
one notices in this small town. We notice. The children notice too. Why bother to go to
the University or take a job or learn a skill in our Community if we can just make lots of
money delivering drugs and picking in the fields?
Enough is enough. We do not need more of these processing plants and places we live
and work - zoned for drugs distribution.
In my work as a Counselor for the last 17 years, I have noticed a marked increase in the
dilemmas as parents face bringing up kids in this environment. I cannot abide by this
activity going on so close to my business.
Very distraught,
Michelle Jensen, M.A. Counseling Psychologist
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To: City of Ashland Planning Delft
51 Winburn Way
Ashland, Or 97520
From : Country Corner Storage
2995 Hwy 66
Ashland, Or 97520
March 5, 2018
I received the notice of application (PA 2018-00294) for 485 Applegate Way.
As you are likely aware we have spent hundreds of thousands of dollars improving
our property over the past year. We are working hard to improve that area so that
our passage to local vineyards and lakes and recreation areas is something to be
proud of.
I fully understand that marijuana and the businesses associated with this trade are
legal, however there is a social impact with these businesses. The additional traffic
and attention it may gain are issues which I have no control over.
However, the smell associated with marijuana is something that will directly impact
my business. Every business obviously has equal rights to exist, however we have
the right to exist without being subjected to the effects of another business.
As we know the odors associated with marijuana processing and growing are
significant and severe. We have the right to conduct our business without being
subjected to those odors.
Should you allow yet another marijuana related industry in our area, it needs to be
allowed with the absolute and enforceable expectation that other residents and
businesses in the area will not be subjected to any odors, contaminants, fumes,
and/or noise pollution associated with packaging. We have the right to conduct
business without being at the effect of others, just as they have the right to conduct
business without interference from our business.
I hope that should you approve this application, you will require and enforce
stringent measures for exhaust, noise and traffic control for this business.
Thank you.
r
C. Ren Kolar
Country Corner Management
541-482-5489
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Fro the offwe of Walter ousey Return Correspondence to:
2997 Highway 66
Ashland, OR 97520
March 7, 2018
To: Planning Department
51 Winburn Way
Ashland, Oregon, 97520
Re: Notice of Application
RE: PA-2018-00294
Request for Site Review 7
To Whom It May Concern:
Thank you for sending me the above referenced notice. I have an office at 2997 Highway 66
which is within close proximity to the subject property. I have been a tenant for over 15 years.
object to the change in use indicated on the application.
I object to the existence of a marijuana processing and packaging facility as a non-conforming
use near our business, other businesses and residences in the nearby complexes. The odors
emitted from a processing plant are very nauseating, obnoxious and sickening. We lease several
offices in the Country Corner / Mini Storage and any odors would serve as a deterrent for
decent clients which I have come in for meetings. The presence of a marijuana processing and
packaging plant will cause problems, noise nuisance and truck and vehicle traffic will increase
and be disruptive to the tranquility of the office environment.
I am greatly concerned about the potential of people illegally driving under the influence of
marijuana, and entering and leaving the busy roadway. This type facility draws people to the
area to purchase and use marijuana. This will damage my business and client base.
Water usage is a concern. Washing and cleaning the product will invariably lead to an increase
in water usage. We are looking at drought conditions again this year. The area is riparian and
Neil Creek is right behind the proposed facility. I am concerned about the disposal of waste
from unused product, as well as chemical waste and excess trimmings.
Therefore, I believe my tenancy will be significantly and negatively affected by the proposed
use. I respectfully request denial of the application. If you have any questions, I am available
and would be happy to attend a hearing on the matter, and speak before the committee.
Very Sincerely
Walter Ousey
minion tamp ~aPP1 Go.
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3005 fli8hWag 66
,Ng;nland, OR
97520
March 7, 2018
Planning Department ~
51 Winburn Way
Ashland, OR 97520
Re: Notice of Application, Re: PA-2018-00294 - Request for Site Review
I just received notice that an application to open a marijuana processing plant has been submitted
for a property adjacent to the location of our stamp business.
Our company has been operating from the same storefront since 1999. During those years, there
have been many changes to the businesses surrounding this neighborhood. However, the one
that will affect myself and my customers the most is the processing of marijuana products.
There is no debate over the amount of odor and noxious smells associated with marijuana.
During picking season at pot farms, you can get a contact high just from living next door.
Marijuana processing plants are even worse, because they have to vent all of their odors outside
the building into the neighborhood. Filters and fans simply do not do a sufficient job of trapping
the offending smells. Yes, they may stop larger particles from escaping, but the stench of
marijuana makes it into the local air anyways.
I, along with many people I know, do not like the smell of marijuana, and do not wish to get
stoned simply by standing outside our door. The smell of all types of smoke makes me
nauseous. This is a nuisance to all of the businesses and homes in the area, one that we shouldn't
have to suffer just because someone wants to make money off of the new marijuana laws. I
expect I will lose customers to my business because of the nearness of the cannabis store as well
as a processing plant sending out harmful odors.
Please deny the application, PA-2018-00294, because it will hurt everyone in the vicinity. There
are surely other places that are more remote that can be used to process marijuana.
Sincerer,
Christian Donica
President, Mission Stamp & Supply Co.
Phon~z: (54,1) ASS-J1~G
e-mail: Chri6@mi66ion(~)tampg;.com
i
Planning Department, 51 WinL-i 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-2018-00294
SUBJECT PROPERTY: 485 Applegate Way
OWNER/APPLICANT: Applegate Way LLC
DESCRIPTION: A request for Site Design Review for the conversion of 1,814 square feet of existing warehouse
,space into a marijuana processing and packaging facility at 485 Applegate Way. COMPREHENSIVE PLAN
DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S P: 39 lE 13 BB; T LOT: 900
NOTICE OF COMPLETE APPLICATION: February 26, 2018
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: March 12, 2018
sUEJECT PR PERTY
485 APPL.EGATE WAY
/ 1 PA ##2018-00294
l~
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.
Wcomm-dev\planning\Planning Actions\Noticing FolderWiailed Notices & Signs\2018\PA-2018-00294.docx
SITE DESIGN AND USE STANDARDS
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.
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.
to th
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,
GAcomtn-de0planningTIanning Actions\Noticing PolderWailed Notices & Signs\2018\PA-2018-00294.docx
i
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 February 26, 2018 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-2018-00294, 485 Applegate Way.
Sign ure of Employee
C:IUsersltrappODesktop\TemplatesWFIDAVIT OF MAILING_Regan.dou 212612018
PA-201-8-00294 391 E1 36B 200 r'A-2018-00294 391 E13BB 400 A-2018-00294 391 E13BB 400
RENDEVCO LLC GEORGE RALPH D GEORGE RALPH D TRUSTEE ET AL
2995 HWY 66 1605 SISKIYOU BLVD 4124 SUNLAND AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 CENTRAL POINT, OR 97502
PA-2018-00294 391 E13BB 700 PA-2018-00294 391 E13BB 800 PA-20.18-00294 391 E13BB 900
COMSTOCK MYLES R APPLEGATE INDUSTRIAL ARTS LLC APPLEGATE WAY LLC
2915 HWY 66 2305 ASHLAND ST STE C PMB 776 485 APPLEGATE WAY RD
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-00294 391 E13BB 1000 PA-2018-00294 391 E13BB 1200 PA-2018-00294
METROPOLIS PROPERTIES LLC CONNOLLY APPLEGATE PROPERTIES APPLEGATE WAY LLC
2836 W 11 TH AVE LLC 481 APPLEGATE WAY
EUGENE, OR 97402 142 E MAIN ST ASHLAND, OR 97520
ASHLAND, OR 97520
PA-2018-00294
PETER CIPES 485 Applegate Way
317 N. MAIN 2/26/2018 10
j ASHLAND, OR 97520 NOC
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P MIT APPLICATION
Planning Division ZONING -
-
CITY OF 51 Winbum Way, Ashland OR 97520 FILE
ASHLAND 541-488-5305 Fax 541-488-6006 -
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursding LEED® Certification? ❑ YES 1-1 NO
Street Address
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 v _ City Zip
Title Name Phone E-Mail
Address City Zip
1 hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct 1 understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility. I further 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 hearing to support this request;
2) that the Endings of fact furnished justifies the granting of the request,
3) that the findings of fact furnished by me are adequate; and further
4) that all structures or improvements are properly located on the ground.
Failure in this rdgar€~ c ; i! 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 rt ha, , any doubts, 1 am advised to seek competent professional advice and assistance.
App i- icant's Signature ! Date
As owner of the property involved in this request, 1 have read and understood the complete application and its consequences to me as a property
owner.
Property Owner's_$ na re (required) Date
[To be coffoeled by City Staff
Date Received Zoning Permit Type Filing Fee $
OVER 0
G:\comm-dev\plenning\Comts & Handmts\Zoning Permit Applicationdoc
i
WRITTEN NARRATIVE & FINDINGS OF FACT FOR SITE DESIGN REVIEW
FOR THE CHANGE OF USE OF A PORTION OF AN EXISTING
COMMERCIAL BUILDING, COMMONLY KNOWN AS 485 APPLEGATE
WAY, ASHLAND, OREGON, FROM WAREHOUSE & STORAGE TO A
CANNABIS EXTRACTION & PACKAGING FACILITY.
PREPARED FOR APPLEGATE WAY, LLC, 481 APPLEGATE WAY, ASHLAND,
OR. DATE: FEBRUARY 8, 2018.
~r°rative°
This narrative and findings of fact is intended to accompany the Planning Action
Application for a Type 1 Site Review and the Preliminary Plan Set drawn by Peter L.
Cipes and dated January 29, 2018 (attached). The owner, Applegate Way, LLC, wishes to
convert a portion of an existing commercial building from warehouse and storage use to a
cannabis extraction laboratory and packaging facility. This change of use will require a
Commercial Site Review approval (AMC 18.5.2.050), and also must show compliance
with Special Use Criteria For Marijuana Production (AMC 18.2.3.190.13).
The proposed change of use is for a portion of an existing building located on Applegate
Way, on a parcel described as 39 lE 13 BB, tax lot # 900, and commonly known as 485
Applegate Way, Ashland, Oregon. The parcel is located in the E-1 Zone and is bordered
on all sides by E-1 land. The parcel is more than 200 feet from any R Zoning, and there
are no other marijuana production labs or facilities within 1,000 feet, as required. The
building, which was constructed in 2008-2009, is approximately 3,472 square feet and is
divided into two separate addresses.
The North West portion of the building (or "plan left", see attached Floor Plan) is
commonly known as 481 Applegate Way and is currently occupied by The Madrone
Cannabis Club, a medical and recreational marijuana dispensary, which was approved by
PA-2015-01090 (July 2015). No changes in occupancy or use are proposed or foreseen
for this portion of the building.
The South East side of the building (or "plan right", see attached Floor Plan) is
commonly known as 485 Applegate Way, and is approximately 1,814 square feet in size.
It has its own awning-covered, street-facing entryway accessed via the concrete walkway
(accessible route) from the existing parking area. There is an existing covered bicycle
parking area located close to both entrances and serving both addresses. There is
adequate parking and all other City Services for the proposed use. The only exterior
modifications proposed to the building are as follows: The removal of the roll up door in
the back of the building (North East side of 485). The applicant proposes to fill in the
doorway with board & batten siding to match the existing wall. There will be oric new
1
HVAC unit located on the roof of the building, in the the rear, and one new HVAC unit
located on the ground. (see attached Elevations).
There are no other exterior modifications proposed to the Site or Building.
PARKING: The site has nine (9) existing full-size (9x18ft) parking spaces, including one
handicap space, as required. The parking is shown on the attached Site Plan. 481
Applegate, which is approximately 1,220 square feet and used as office and retail requires
one parking space per 350 square feet, or four, full sized spaces. 485 Applegate, which is
approximately 1,814 square feet will be used for light manufacturing and production, and
will require one parking space for each 1,000 square feet plus one additional space for a
company vehicle, or three full sized spaces. Therefore a total of seven full sized parking
spaces are required. Since there are already nine spaces, the parking requirement is easily
satisfied.
PARKING LOT LANDSCAPING & SCREENING: As shown on the Site Plan, the site
has two landscaped islands in the parking area each containing a tree, and seven percent
of the paved area is landscaped, as required. The parking lot is screened along the North
West and North East property lines as required and there are adequate buffers adjacent to
the neighboring properties, as originally required and approved.
BICYCLE PARKING: A concrete pad with an awning and two inverted U frame bike
racks is located adjacent to both street-facing public entrances, for a total of four covered
bicycle parking spaces, or two spaces for each primary use, as required.
SITE LANDSCAPING: The total site is approximately 15,105 square feet, and
approximately 2,909 square feet, or 19% of the site is landscaped. This exceeds the
required 15% in the E-1 zone. All landscaped areas are served by a multi-station,
programmable irrigation system, as originally approved.
TRASH ENCLOSURE: There is a screened trash and recycling enclosure, located in the
rear of the building, as required and as originally approved.
AIR FILTRATION: It is a requirement that air filtration be used in a Marijuana
Processing facility. The applicant will use specialized, engineered air scrubbers with
carbon filtration system.
2
FI INGS ®F FACT F®I2 SITE REVIEW (1.5.2.050
An application for Site Design Review shall be approved if the proposal meets the criteria
in subsections A, B, C, and D below. The approval authority may, in approving the
application, impose conditions of approval, consistent with the applicable criteria.
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.
This application is for minor exterior modifications to an existing building. The existing
building meets all setbacks, lot area and dimensional requirements, floor area, lot
coverage, building height, building orientation, architecture and other applicable
standards. The proposed modifications, namely, the removal of one overhead door meet
or exceed all the standards for the E1 zone.
B. Overlay Zones. The proposal complies with applicable overlay zone requirements
(part 18.3).
The only applicable Overlay Zone is the Airport Zone, and since there are no proposed
modifications to the building footprint or the maximum building height, both the existing
and proposed building meet the required criteria for this overlay. All other requirements
of the Airport Overlay Zone will be met.
Site Development and Design Standards. The proposal complies with the applicable Site
Development Standards of part 18.4.
All Site Development Standards as per part 18.4 have been, or will have been met,
including but not limited to, building placement and orientation, parking, access and
circulation, parking ratios, accessible parking spaces, bicycle parking, pedestrian access
and circulation, landscaping, irrigation, screening, shrouded outdoor lighting and
screened recycling and refuse enclosure. All of the above were part of the original Site
Review Approval. There are two street-facing, pedestrian friendly entryways, one for
each address.
C. 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.
3
As this proposal is for minor modifications to an existing building, all City Facilities are
already existing as approved, and as built. There are no proposed changes to the original
approval as it relates to City Facilities.
Exceptions: NONE
FI INGS OF FACT FOR SPECIAL, USE S'I' DA S: I2l
I[lANA®
L,AITED BiJS ESSES (1.2.3.190 B
Marijuana-Related Businesses. This proposal complies with applicable overlay zone
requirements ( part 18.3)
1. Marijuana-related businesses may require Site Design Review under chapter 18.5.2
or a Conditional Use Permit under chapter 18.5.4. See Table 18.2.2.030 - Uses
Allowed by Zone for zones where marijuana-related businesses are allowed. See
definition marijuana-related businesses in part 18.6 Marijuana-related businesses
shall meet all of the following requirements:
a. The business must be located in a permanent building and may not locate in a
trailer, cargo container, or motor vehicle. Outdoor marijuana production,
cultivation, and storage of merchandise, raw materials, and other material
associated with the business are prohibited.
The proposed marijuana processing and packaging will be inside of an existing,
permanent building. All materials associated with the business will be kept inside the
building.
b. Any modifications to the subject site or exterior of a building housing the
business must be consistent with the Site Design Use Standards, and obtain Site
Design Review approval if required by section 18.5.2.020. Security bars or grates
on windows and doors are prohibited.
The proposal has or will meet all Site Design Review Standards (see above). There will
be no security bars or grates on the windows or doors.
C. The business must provide for secure disposal of marijuana remnants or by
products; such remnants or by-products shall not be placed within the business'
exterior refuse containers.
The proposed extraction & packaging facility will provide secure disposal of
marijuana remnants or by-products and will not place these in the dispensary's
4
exterior refuse containers. All such disposal shall be off-site, in an approved
location.
d. Light and Glare. Shield lighting systems and use window coverings to confine light
and glare from light systems associated with indoor cultivation so as to confine
light and glare to the interior of the structure. Grow light systems within a
greenhouse are prohibited.
There is no indoor cultivation proposed.
e. Building Cade. Any structure, accessory structure, electrical service, plumbing, or
mechanical equipment (e.g., lighting, fans, heating and cooling systems)
associated with a business shall satisfy the Building Code requirements and obtain
all required building permits prior to installation.
All building and safety codes shall be met. Detailed construction & engineering
plans shall be submitted and approved, and permits issued prior to installation.
f. Methodology for Measuring Separation Requirements. The following methodology
shall be used for marijuana related- businesses that are required to be separated
by a specific distance (i.e., marijuana production facility, marijuana wholesale
facility, marijuana retail outlet). For the purposes of determining the distance
between a marijuana related-business and another marijuana-related business,
"within 1,000 feet" means a straight line measurement in a radius extending for
1, 000 feet or less in every direction from the closest point anywhere on the
premises of an approved marijuana related- business to the closest point anywhere
on the premises of a proposed marijuana-related business of the same type. If any
portion of the premises of a proposed marijuana related-business is within 1,000
feet of an approved marijuana related business of the same type, it may not be
approved. For the purpose of this section, premises is all public and private
enclosed areas within a building at the location that are used in the business
operation, including offices, kitchens, rest rooms, and storerooms.
There are no other marijuana production facilities within 1000 ft of the subject
site, as required. See below.
5
g. The property owner shall record a declaration which waives any claim or right to
hold the City liable for damages they or a tenant may suffer from state or federal
enforcement actions for activities the City permits as a result of its approval of the
proposed use or development once such approval is granted. Furthermore, the
owner and tenant agrees not to unreasonably disobey the City's order to halt or
suspend business if state or federal authorities order or otherwise subject the City
to enforcement to comply with laws in contradiction to the continued operations of
the business as permitted under section 18.2.3.190.
The applicant agrees to the above condition and shall record such a declaration.
h. A marijuana-related business must obtain an approved license or registration from
the State of Oregon and meet all applicable Oregon Revised Statutes and Oregon
Administrative Rules.
The proposed extraction & packaging facility will be registered the the Oregon
Health Authority and/or the OLCC and meets or will meet all the requirements
ORS 475.300 - 475.346 and all other applicable State rules and ordinances.
2. Marijuana Laboratories, Processing, Production, and Wholesale. In addition to
the standards described in subsection 18.2.3.190.B.1, above, marijuana
laboratories, processing, production, and wholesale shall meet the following
requirements as applicable. See definition of marijuana processing and production
in part 18.6.
a. Marijuana laboratories, processing, production, and wholesale shall be
located 200 feet or more from residential zones.
The proposed facility is located more than 200 feet from residential zones
as required.
b. Marijuana Production.
i. Marijuana production shall be limited to 5,000 square feet of gross
leasable floor area
per lot.
6
The proposed facility is located in a portion of an existing building which is 1,514 sq.ft.
ii. A marijuana production facility slwll be located more than 1,000
feet from another marijuana production facility. See subsection
18.2.3.190.B.I.f for methodology for measuring the required
distance between marijuana related-businesses.
To our knowledge,there are no other marijuana production facilities
within 1000 ft of the subject site, as required.
The applicant presents these written Finding of Fact; warrants that all of the above
information is true and correct to the best of their knowledge and hereby respectfully
requests that the City Of Ashland approve this application for Site Review and Special
Use Standards as submitted.
a
Jordan Scott, Member Date
Applegate Way, LLC
7
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Job Address: 485 APPLEGATE WAY Contractor:
ASHLAND OR 97520 Address:
A Owner's Name: APPLEGATE WAY LLC 0 Phone:
Customer 09708 N State Lie No:
~ `r City Lie No:
P MADRONE HOLDINGS LLC
Applicant: 485 APPLEGATE WAY f
Address: ASHLAND OR 97520 A
C Sub-Contractor:
A Phone: I' Address:
N Applied: 02/09/2018 0
T Issued:
Expires: 08/08/2018 Phone:
State Lie No:
Maplot: 391 E13bb900 City Lie No:
DESCRIPTION: Site Design Review, Change of Use
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) 2,046.00
CONDITIONS OF APPROVAL
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.or.us
IT'lt' OF
Inspection Request Line: 541-552-2080