HomeMy WebLinkAboutAshland_2366_PA-T1-2021-00139CITY F
-ASHLAND
May 27, 2021
Notice of Final Decision
On May 27, 2021, the Community Development Director approved the request for the following:
Planning Action: PA -TI -2021-00139
Subject Property: 2366 Ashland Street
Applicant: Rogue Planning & Development for SJDM LLC
Description: A request for Site Design Review to approve the renovation of an existing
building and authorizing its use as a commercial marijuana dispensary. The proposal includes
creating a defined parking area as well as remodeling the existing building. The application
states that they are "are proposing a
cohesive site development that addresses the minimum site development standards, including
requesting deviation from sonic of the standards while not compromising the future development
potential."
The Community Development Director's decision becomes final and is effective on the 1.2" 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.
'"I'lic, 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 an 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 Aaron Anderson in the
Community Development Department at (541) 488-5305 or Aaron.Ajiderspti�
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tet 541ABB-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
wwwashhmdmrms M1,1111111all
. .... — .— ....... . ...... —
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 18.5.1.050,0, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The StaffAdvisor may reconsider aType 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 tile opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of all issue to be raised by letter or evidence
during the opportunity to provide public input on the application sufficient to afford the Staff Advisor all opportunity
to respond to the issue prior to making a decision.
2. Reconsideration requests shall be received within five (lays of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If tile Staff Advisor is satisfied that all error occurred crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten (lays to affirm, modify, or reverse
the original decision. 'file City shall solid notice of tile reconsideration decision to affirm, modify, or reverse to ally
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. AType Idecision 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 .050.13.
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 oJ'Ap1jeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.0.1, 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. Tunic far 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. Contenl Qf Notice qf.,Ippeal. 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.
ji. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised oil appeal.
iv. A statement denionstrating, that the appeal issues were raised during the public colurnent period.
d. 'File 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 do 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 tip 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 oil appeals of Type I decisions follow the Type 11 public hearing procedures,
pursuant to section 18.5.1.060, subsections A — E, except that the decision of tile Planning Commission is the final
decision of the City oil all appeal of a Type I decision. A decision on all 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
51 Wiriburn Way Fax: 541-552-2050,
Ashland, Oregon 07520 TTY: 800-735-2900
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA -T1-2021-00139
SUBJECT PROPERTY: 2366 Ashland Street
APPLICANT: Rogue Planning & Development for SJDM LLC
OWNER: SJDM LLC
DESCRIPTION: A request for Site Design Review to approve the renovation of an
existing building and authorizing its use as a commercial marijuana dispensary. The proposal
includes creating a defined parking area as well as remodeling the existing building. The
application states that they are "are proposing a cohesive site development that addresses the
minimum site development standards, including requesting deviation from some of the standards
while not compromising the future development potential."
COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1;
MAP: 39 lE 14 AB; TAX LOT: 500
SUBMITTAL DATE:
February 18, 2021
DEEMED COMPLETE DATE:
April 15, 2021
STAFF APPROVAL DATE:
May 27, 2021
DEADLINE TO APPEAL (4:30 p.m.):
June 8, 2021
FINAL DECISION DATE:
June 9, 2021
APPROVAL EXPIRATION DATE:
December 9, 2022
DECISION
The proposal is a request for a Commercial Site Design Review to approve the operation of a
marijuana dispensary and associated partial redevelopment of the property located at 2366
Ashland St. The operation of a marijuana dispensary is an allowed use in the zone subject to
certain special use standards, Because the parking area is being modified AMC 18.5.2.020.A.6
requires that Site Design Review is required. The property is located along the south side of
Ashland Street just east of Washington St. The proposal includes creating a parking area layout
for the non -conforming site by restriping the parking spaces as shown in the proposed site plan
including the required ADA parking.
The subject property and surrounding property is zoned Commercial (C-1) with Employment (E-
1), to the south-east. The property is located in the Detail Site Review, Freeway, and wildfire
overlays. The subject property is generally rectangular, with a 200 -foot frontage along Ashland
St., and a depth of —130 feet, and is 0.67 acres in size. The property is currently developed with a
1900 square foot commercial building that previously was a gas station. The building currently
in a poor state of repair and the application includes an extensive remodel but working entirely
within the existing building footprint.
Site Design Revie►v
The proposed use, a retail marijuana, is permitted use in the C-1 zone subject to special use
standards. The existing building is a 1,902 square foot single story concrete block structure. The
PA -TI -2021-00139
2366 Ashland St/aa
Page 1
structure is comprised of approximately 1,000 square foot mechanic shop and 900 square foot of
retail/office/restroom area. The proposal includes the conversion of the interior of the former Rex
Bounds ServicelU-Haul Rental Service to a retail establishment. The use of the structure is
proposed as a marijuana dispensary.
The Land Use Ordinance requires that when an existing non -conforming development is
expanded then an equal percentage of the site must be made to comply with the site design
review standards as the percentage of building expansion (AMC 18.4.2.040.B.6). In this case all
the proposed development is entirely within the existing building footprint. The purpose of Site
Design review in this instance is to ensure that the proposed improvements meet the standards of
the code and to authorize the operation of the retail marijuana business. Many of the proposed
developments are essentially `exempt alterations' to a nonconforming development as authorized
at AMC 18.1.4.040.A as what is proposed brings the nonconforming site into greater conformity
with the code.
The application materials state that "approximately 50 percent of the building is currently retail
area. The existing retail, office and restroom areas will remain in generally the same locations.
The repair shop (west) side of the building, which is approximately 1,000 square feet will be
utilized as a secure marijuana dispensary. Within the dispensary side of the structure there is a
showroom, a secure storage room and a safe room. No footprint expansion is proposed."
Retail sales require offsite parking at a ratio of 1 space per 350 square feet of space. The 1902
square foot building requires 5.42 parking spaces. The site plan indicates that seven parking
spaces are provided meeting this standard. The applicant has already submitted plans for the
building permit that include a detailed site plan showing the parking lot striping and ADA space.
The applicant shall be required to stripe the parking lot as indicated on those plans, and a
condition of approval has been added to that effect. Commercial developments are also required
to provide two bicycle spaces per primary use, or one bicycle parking space for every five
required automobile parking spaces, whichever is greater. Therefore, the proposed development
is required to provide at least two bicycle parking spaces. A condition of approval will require
that an updated site plan indicate the location of the required bicycle parking.
The application states that "Due to the condition of the structure, this will involve a major
remodel of the entire structure. Necessary improvements include repair of the roof and fascia;
repair of broken windows; repair of any structural issues; updating the interior finishes, including
new ceiling and floors; full restroom renovation to increase in size to comply with American
Disability Act specifications; installation of new heating and ventilation system; and installation
of a state of the art security system. The exterior of the structure will remain generally the same.
The existing store front entrances on the north and east elevations will remain. The doors of the
service bays have been removed due to serious disrepair and vandalism to the unsecured
structure. The openings have been framed in with permanent concrete block to form a base and
aluminum framed windows that resemble the service bay doors."
Special Use Standards
The operation of a marijuana business requires that the development meet certain special use
standards as provided in AMC 18.5.3.090.11 including that the business be located in a
permanent building, and that any modifications to the subject site meet the Site Design
PA -T1-2021-00139
2366 Ashland St/aa
Page 2
Standards. The building that the business is proposed to operate in is a permanent structure and
the limited improvements to the site to provide parking meet the Site Design Standards. Security
bars or grates are prohibited, and none are proposed.
Other special use standards include that the business must provide a secure disposal of marijuana
related products, that glare from grow lights be contained to the interior of the structure, that any
modifications to the building meet the Oregon Building Code, and that the marijuana business be
at least 1000 feet from a business of a similar type. The applicant will be required to have a
secure disposal area for marijuana interior to the building, there is no production or grow lights
proposed, the applicant will be required to apply for required building permits showing
compliance with the Oregon structure code, and the location meets the spacing requirement of
1000 feet from another dispensary.
Next, the business owner will be required to comply with the requirement to record a declaration
to waive any claim or right to hold the City liable as provided in AMC 18.5.3.090.B. Lg and also
obtain the required state licenses to operate a dispensary. Conditions of approval to that effect
have been included.
Finally, Marijuana retain sales are required to have a property line adjacent to a boulevard, be
more than 200 feet from a residential zone, is not allowed in the Downtown Zone, and is not
allowed to have a drive up use. The location of the property meets each of these standards and
there is no drive -up use proposed.
Public Comment
In accordance with the Land Use Ordinance public notice was mailed to all surrounding
properties within 200' of the subject property as well as a physical notice posted along the
frontage. During the public comment period no letters were received either in favor or against.
Burden of Proof
The applicant has submitted materials to the Planning Department to demonstrate compliance
with the applicable approval standards for the approvals requested and by their reference are
incorporated as if set out in full.
The criteria for Site Review approval are described in AMC Chapter 18.5.2.050 as follows:
An application for Site Design Review shall be approved if the proposal meets the criteria in subsections
A, 8, 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,
PA -TI -2021-00139
2366 Ashland St/aa
Page 3
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, 2, or 3, 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;
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; or
3. There is no demonstrable difficulty in meeting the specific requirements for a cottage housing
development, but granting the exception will result in a design that equally or better achieves the
stated purpose of section 18.2.3.090.
The special use standards for a marijuana business are described in AMC Chapter
18.5.3.190.5 as follows:
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 182.2.030, Uses Allowed by Zone, for
zones where 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's 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, restrooms, and storerooms.
PA -TI -2021-00139
2366 Ashland St/aa
Page 4
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 agree 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.
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.
2. Mari'uana Laboratories Processing, Production and Wholesale. [oinitted as not relevant to this
application]
3. Marijuana Retail Sales. In addition to the standards described above in subsection
18i—.3 -A 90.8. 1, marijuana retail sales shall meet the following requirements. See definition of
marijuana retail sales in part 18.6.
a. Location.
i. Marijuana retail sales are allowed if located on a property with a boundary line adjacent
to a boulevard.
ii. Marijuana retail sales, except as allowed above in subsection 18.2.3.190. B. 3. a. i, must
be located 200 feet or more from a residential zone and are subject to a Conditional Use
Permit under chapter 18.5.4.
iii. Marijuana retail sales are not permitted in the Downtown Design Standards Zones.
iv. A marijuana retail sales outlet shall be located more than 1,000 feet from another
marijuana retail sales outlet. Medical and recreational marijuana retail sales do not need to
be separated by 1,000 feet if located together in one building if the configuration meets all
applicable Oregon Revised Statutes and Oregon Administrative Rules. No more than two
registrations or licenses issued by the State of Oregon (e.g., a medical dispensary
registration and a recreational sales license) may be located in one building. See
subsection 18.2.3.190.B.1.f for methodology for measuring the required distance between
marijuana -related businesses.
b. Drive -up Use. The marijuana retail sales outlet must not include a drive -up use.
Conclusion
In staff s assessment, the application with the attached conditions complies with applicable
ordinances and meets all required criteria. Planning Action #T1-2021-00139 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 #T1-2021-00139 is denied. The
following are the conditions and they are attached to the approval:
1) That all proposals of the applicant shall be conditions of approval unless otherwise
modified herein.
2) That the application shall provide an update site plan showing the area for trash and its
associated screening, as well as the required bicycle spaces.
3) That the applicant shall provide an updated landscaping and irrigation plan for the
proposed planters. The landscaping must meet the water conserving landscaping
standards in AMC 18.4.4.03.I as is required for commercial developments.
4) That all special use standards AMC 18.5.3.190.13 be abided to for so long as the
PA -T1-2021-00139
2366 Ashland Stlaa
Page 5
S}
dispensary is in operation including:
a. 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 agree 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.
b. That the applicant obtain an approved license or registration from the State of
Oregon and meet all applicable Oregon Revised Statutes and Oregon
Administrative Rules.
That prior to the issuance of the certificate of occupancy
a. The required bike parking is installed.
b. The refuse and recycling area is installed and appropriately screened.
c. That the irrigation and landscaping has been installed according to the approved
plan.
d. That the parking lot striping and ADA parking be done in accordance with the site
plan submitted with building permit #BD -NR -2021-00133 and meet the design
requirements of AMC 18.4.3.090.4.
Bill Molnar, Director
Department of Community Development
May 27, 2021
Date
PA -TI -2021-00139
2366 Ashland St/aa
Page 6
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 May 27, 2021 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 -TI -2021-00139, 2366
Ashland St.
Signature of Employee
C;WsefsViainitortrM)cxurilents'Ashiard_2366_PA-TI-4021-00139_AFFIDAVIT OF NINLING.doa 5/27/W21
PA -T1-2021-00139 391E14AB 500
BP PRODUCTS NORTH AMERICA INC
150 W WARRENVILLE RD
NAPERVILLE, IL 60563
PA -T1-2021-00139 391E14AB 500
JACOBSON MARTIN S/FRIED YVONN
1320 PROSPECT ST
ASHLAND, OR 97520
PA -T1-2021-00139 391E14AB 500
OPTIONS FOR HOMELESS RESIDENT
PO BOX 1133
ASHLAND, OR 97520
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RICKERT PROPERTIES LLC
8180 SW CONNEMARA TER
BEAVERTON, OR 97008
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WASHINGTON PROFESSIONAL PLAZA
574 WASHINGTON ST
ASHLAND, OR 97520
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Asher Homes
1068 Elkader
Ashland, OR 97520
Easy .I I Peeaha el s
Bead along I ine to expose Pop-up Edge'
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BP PRODUCTS NORTH AMERICA INC
2380 ASHLAND ST
ASHLAND, OR 97520
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LAYER DAVID R TRUSTEE ET AL
209 SANDPINES DR
EAGLE POINT, OR 97524
PA -T1-2021-00139 391E14AB 500
PAYLESS DRUG STORES NW INC RITE
PO BOX 3165
HARRISBURG, PA 17105
PA -T1-2021-00139 391E14AB 500
SJDM INC
355 INDUSTRIAL CIR #D
WHITE CITY, OR 97503
PA -T1-2021-00139 391E14AB 500
WEIGAND JOSEPHINE A TRUSTEE E
4295 SW BEN HOGAN DR
REDMOND, OR 97756
2366 Ashland St
04/15/2021 NOC
16
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PA -T1-2021-00139 391E14AB 500
CULLEN/BECK PROPERTIES LLC
574 WASHINGTON ST
ASHLAND, OR 97520
PA -T1-2021-00139 391E14AB 500
MITT AMiT LLC
525 S RIVERSIDE
MEDFORD, OR 97501
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REED STEVE R/JEAN M
3728 MANZANITA HEIGHTS DR
MEDFORD, OR 97504
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SOS FAMILY LLC
1301 ESPLANADE AVE
KLAMATH FALLS, OR 97601
PA -T1-2021-00139 391E14AB 500
Rogue Planning & Development
1314-B Center Dr PMB 457
Medford, OR 97520
2366 ASS
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Planning Department, 51 Winbuin ) Way, Ashland, Oregon 97520 CITY OF
PFF 541-488-5305 Fax: 541-552-2050 www.ashland,or.us TTY; 1-800-735-2900 -ASHLAND
MINIMUM -MorenT Insvil
PLANNING ACTION: PA -TI -2021-00139
SUBJECT PROPERTY: 2366 Ashland St
OWN E RIAPPLI CANT: Rogue Planning & Development for SJDM LLC
DESCRIPTION: A request for Site Design Review to approve the renovation of an existing building and
authorizing its use as a commercial marijuana dispensary. The proposal includes creating a defined parking area as
well as remodeling the existing building, The application states that they "are proposing a
cohesive site development that addresses the minimum site development standards, including requesting deviation
from some of the standards while not compromising the future development potential." COMPREHENSIVE PLAN
DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP #: 391 E14ABJAX LOT: 500
Q :F-11 DIM, 1011 Q Is] L"Vill Mill 1 10
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Subject Property
2366 Ashland Street
PA -Tl -2021.00139
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The Ashland Planning Division Staff , j received a complete application, for the pi _,arty noted on Page 1 of this notice.
Because of the COVID-1,9 pandemic, application materials are provided online and comments will be accepted by email.
Alternative arrangements for reviewing the application or submitting comments can be made by contacting (541) 488-5305
or pla nin inci(d)ash land. or. us.
A copy of the application, including all documents, evidence and applicable criteria are available online at "What's
Happening in, my City"at https://gj.§L.ashlanci.or.us/developD1ntpfopQs�ls/. Copies of application materials will, be provided
at reasonable cost, if requested. Under extenuating circumstances, application materials may be requested to be reviewed
in-person at the Ashland Community Development & Engineering Services Buiildingi, 51 Winburn Way, via a pre -arranged
appointment by calling (541) 488-5305 or emailing planning@ashland.or.us.
Any affected property owner or resident has a right to submit written comments to p!anning_Qash�1nqpL._gS or to the City of
Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97'520 prior to 4:30 p.m. on the deadline date shown on Page
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon
determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application
which allows for a 14 day comment period. After the comment period and not more than 45 days from the application, being
deemed complete, the Planning Division Staff shall make a final decision on the application,. A notice of decision is mailed to
the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision
must be, made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18.5.1 .050.G)
The ordinance criteria applicable to this application, are attached to this notice. Oregon law states that failure to, raise an
objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an
opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue.
Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that
criterion,. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with
sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
If you have questions or comments concerning this request, please feel free to contact Aaron Anderson at 541-488-5305 or
Aaron.Anderson (@,ash land. or, us .
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,
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 I or 2, below, are found to exist.
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
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 slated purpose of the Site Development and Design Standards.
Cikoii�iii-dev\plannnplPlariniiig Actions\Ms by StteelUkkAshland Strect41shlandStrect.,2166it shI and _2366—PA-TI-2021-00139\NOMstilatid 2366 PA -TI -2021-00139 NIOC.docx
MARIJUANA -RELATED USES
18.2.3.190
B. Marijuana -Related Businesses.
1, Marijuana -related businesses may require Site Design Review under chapter 18.5 .2 or a Conditional Use Permit under chapter 18.5A. See Table
18.2,2.030 — Uses Allowed by Zone for zones where marijuana -related businesses are allowed. See definition of mariju aina- related businesses in part
135. 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 18.51020. 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.
cl. 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 Measu.ring 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 sane 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 in 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.
2. Marijuana Laboratories, Processing, Production, and Wholesale. In addition to the standards described in subsection 18,23,1903.1, 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.
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
18.2.3,190,13,1J 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 18.2.3.19103.1.1 for methodology for measuring the required distance between marijuana related -businesses.
3. Marijuana Retail Sales. In addition to the standards described above in subsection 18.2.3. 1903.1, marijuana retail sales shall meet the following
requirements. See definition of marijuana retail sales in part 18,6,
a. Location.
i. Marijuana retail sales are allowed if located on a property with a boundary line adjacent to a boulevard,
H. Marijuana retail sales, except as allowed above in subsection 18.2,3,190,8.3 aj, must be located 200 feet ormore from a residential zone
and' are subject to a Conditional Use Permit under chapter 18,5A,
iii, Marijuana retail sales are not permitted in the Downtown Design Standards Zones.
iv. A marijuana retail sales outlet shall be located more than 1,000 feet from another marijuana retail sales outlet. Medical and recreational
marijuana retail sales do not need to be separated by 1,000 feet if located together in one building, if the configuration meets all applicable
Oregon Revised Statutes and Oregon Administrative Rules. No more than two registrations or licenses issued by the State of Oregon (e.g., a
medical dispensary registration, and a recreational sales license) may be located in one building. See subsection 18.2 31903. IJ for
methodology for measuring the required distance between marijuana related -businesses.
b. Drive -up Use. The marijuana retail sales outlet must not include a drive -up use.
Adioin\!'As by SbeetlWAshland Stfeet\,kslilandStreet_2366\Asliland,.2366_PA-TI-2021-001391NOC\,\shlind_2366_PA-,ri.2021-00139 NOC docx
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson }
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On April 15, 2021, 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 the Planning Action #PA -T1-2021-00139, 2366 Ashland
Street.
Reg4Lt 7?Z 77
Signature of Employee
G:lconyTm-dev%planningOanning kdonsfts by Rtree[MsWand SbeePJuhlandSVeak_2366VsHand_2365_PA-Tt-2O2lW39�NOCtiAshland_2366_PA-T1-2021.00139_,Vohgdng.docx COON
PA -T1-2021-00139 391E14AB 500
BP PRODUCTS NOR'T'H AMERICA INC
150 W WARRENVILLE RD
NAPERVILLE, IL 60563
PA -T1-2021-00139 391E14AB 500
JACOBSON MARTIN S/FRIED YVONN
1320 PROSPECT ST
ASHLAND, OR 97520
PA -T1-2021-00139 391E14AB 500
OPTIONS FOR HOMELESS RESIDENT
PO BOX 1133
ASHLAND, OR 97520
PA -T1-2021-00139 391E14AB 500
RICKERT PROPERTIES LLC RICKERT
DENNIS M MANAGER
8180 SW CONNEMARA TER
BEAVERTON, OR 97008
PA -T1-2021-00139 391E14AB 500
WASHINGTON PROFESSIONAL PLAZA
574 WASHINGTON ST
ASHLAND, OR 97520
PA -T1-2021-00139 391E14AB 500
Asher Homes
1068 Elkader
Ashland, OR 97520
Easy Peel Address Labels
Don(lalaiig line to expost- Pop- up Ed90
PA -T1-2021-00139 391E14AB 500
BP PRODUCTS NORTH AMERICA INC
2380 ASHLAND ST
ASHLAND, OR 97520
PA -T1-2021-00139 391E14AB 500
LAYER DAVID R TRUSTEE ET AL
209 SANDPINES DR
EAGLE POINT, OR 97524
PA -T1-2021-00139 391E14AB 500
PAYLESS DRUG STORES NW INC RITE
AID CORP #5385
PO BOX 3165
HARRISBURG, PA 17105
PA -T1-2021-00139 391E14AB 500
SJDM INC
355 INDUSTRIAL CIR ##D
WHITE CITY, OR 97503
PA -T1-2021-00139 391E14AB 500
WEIGAND JOSEPHINE ATRUSTEE E
4295 SW BEN HOGAN DR
REDMOND, OR 97756
2366 Ashland St
04/15/2021 NOC
16
. to avery.com/templates
PA -T1-2021-00139 391E14AB 500
CULLEN/BECK PROPERTIES LLC
574 WASHINGTON ST
ASHLAND, OR 97520
PA -T1-2021-00139 391E14AB 500
MITT AM IT LLC
525 S RIVERSIDE
MEDFORD, OR 97501
PA -T1-2021-00139 391E14AB 500
REED STEVE R/JEAN M
3728 MANZANITA HEIGHTS DR
MEDFORD, OR 97504
PA -T1-2021-00139 391E14AB 500
SOS FAMILY LLC
1301 ESPLANADE AVE
KLAMATH FALLS, OR 97601
PA -T1-2021-00139 391E14AB 500
Rogue Planning & Development
1314-B Center Dr PMB 457
Medford, OR 97520
P 11 ZONING PERMIT APPLICATION
V14i Planning Division
CITY OF 51 Winburn Way, Ashland OR 97520 FILE #_ PA -TI -2021-00139
ASHLAND 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT Sit D- _i,n Review for a SpeciaLffi1ah_UZe_2MMiLand_
DESCRIPTION OF PROPERTY Conditional Use Permit for food truck court Pursuing LEEDO certification? 0 YES 121 NO
Street Address 2366 Ashland Street
Assessors Map No. 3'91 E 14AB Tax Lot(s) __.EQD_
Zoning C-1 Comp Plan Designation . -Gommercial -
APPLICANT
Rogue Planning & Development Services, LL 541-951-4020 E -Mail amygunter.planning@m
gmaii.co
Name Rhone
Address 1314-B Center Dr,, PMB 457
PROPERTY OWNER
Name
SJDM INC
city Medford Zip 97501
sonnydejoAagyahooxom; Isreal@pharmersmarketor.00m
Address 95 1 t iml IArria n City White Ci
ty
SURVEYOR, ENGINEER, ARCHITEC—T, LANDSCAPE ARCHITECT OTHER
Title Contractor —Name Steve Asher
Address 1068 Elkader Street
Title Name
Address
Phone 641-210-3027 E -Mail as,hercomes@gmail.com
Phone
City Ashland
city
Zip 97520
E -Mail
- Zip
I hereby corlity 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 I understand that all property pins must he 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 findings of fact turnishadjustifies the granting of the request;
3) that the findings of fact furnished by me are adequate; and further
4) that elf structures or Improvements are properly located on the ground.
Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be removed at my expense, If I have any doubts, I am advised to seek competent professional advice and assistance.
4&��,e qy4zty, 11/21/2020
ApplicanVs Signature el/ V Date
As owner of the property involved in uest, I have read and understood the complete application and its consequences to me as a property
owner,
Property Owner's Sign re (required)
11i'duzi
Date
fro be mT&,kd by C4 Stafq
Date: Received 2,18.2021 _ Zoning Permit Type Type I Filing Fee $ $3434.00
OVER 0
Received 2,18.2021 11:1,omm,d-1plarminsTo.. & Hindvats7.ing Pemit Applic4oadoo
Planning Division
51 Winburn Wary, Ashland, OR 97520
541-488-5305
Street Address: 2366 ASHLAND STREET
Commercial Site Review
Valuation Estimate
Description of Project: SITE DESIGN REVIEW FOR SPECIAL USE PERMIT FOR DISPENSARY
A CONDITIONAL USE PERMIT FOR A FOOD TRUCK COURT IS PROPOSI=D
Applicant: Asher Homes
Property Owner: SJDM INC
Valuation Estimate Prepared by: �
Estimator Phone;Estimator Email; a
DESCRIPTION:
VALUATION:
Excavation & Earthwork
$
3®1606
Landscaping
$o
t�► t �3 � C�
Parking Area(s) & Driveways
C061
Sidewalks/Patios/Walkways
New Construction — Materials & Labor Total*
$
$411
00
fes'
TOTAL PROJECT VALUATION;
$
::,;? 5 0) C:) 0 C3
*Building permit valuations shall be based upon the Uniform Fee methodologies as established by OAR 998-050-0100,
Received 2.18.2021
SITE DESIGN REVIEW TO ALLOW SPECIAL PERMIT'T'ED USE
AND
CONDITIONAL USE PERMIT FOR A FOOD TRUCK COURT
SUBJECT PROPERTIES
2366 Ashland Street
PROPERTY OWNER
SJDM LLC
355 INDUSTRIAL CIRCLE D
WHITE CITY, OR 97530
APPLICANT
ROGUE PLANNING & DEVELOPMENT SERVICES
2366 Ashland Street
Site Review & Conditional Use Permit
February 18, 2021
Page 1 of 19
Received 2.18.2021
Sublect Property
Address:
Map & Tax Lot:
Property Owner:
2366 Ashland Street
39 1E 14AB; Tax Lot 500
SJDM INC
355 Industrial Circle D
White City, OR 97503
Applicant: Rogue Planning and Development Services
1314-B Center Dr., #457
Medford, OR 97501
Contractor: Steve Asher
PO BOX 3459
Ashland, OR 97520
Comprehensive Plan designation: Commercial
Zoning: C-1
Overlay Zones: Freeway Sign Overlay zone
Detail Site Review Overlay zone
Request:
Request for a Site Design to create a parking area layout for the non -conforming site by creating
a defined parking area. The use of the site is as a retail establishment, the retail type, marijuana
dispensary requires a special permitted use review. A Conditional Use Permit is requested to
provide a food truck court on the west side of the property.
Project Details:
There are three primary components to the proposal. One is to convert the entire existing
structure to a retail occupancy, The second is for a Conditional Use Permit to allow for up to ten
food trucks, and the third establish the parking lot layout and site circulation.
2366 Ashland Street
Site Review & Conditional Use Permit
February 18, 2021
Page 2 of 19
Received 2.18.2021
Proposed Site Modifications:
The site is largely covered in aspahlt with the intentions of allowing vehicular circulation over
virtually all surfaces not occupied by the building. The applicants are proposing a cohesive site
development that addresses the minimum standards, including requesting deviation from some
of the standards while not compromising the future development potential. The proposal
includes the conversion of the interior of the former Rex Bounds Service/U-Haul Rental Service
to a retail establishment.
The site modifications are largely temporary or can be incorporated into the future site
development.
Food Truck Court:
The proposed food truck has area for 12 vendor areas. The site plan shows area of 24 -foot by 8 -
foot separated by 10 -feet for the truck areas. Food trucks come in a variety of sizes, the limiting
factors are parking spaces, the number of power connections and the fire code regulations for
food trucks. Each food truck vendor will be required to have a city of Ashland business license
and registration for food and beverage tax. As part of the truck space rental agreement evidence
of necessary licensure and permitting as required by state and local laws for the operations of a
food service business will be necessary.
The food court has provisions for a modern street food, socially spaces, small outdoor
event/gathering space. A combination of portable tables with or without umbrellas that can be
securely stored at night would be provided. Areas for passive recreation such as corn hole
("bags") and ladder golf could be made available for customers depending on the number of
trucks present.
Food trucks present unique business development goals, and the proposed food truck court is
to offer a unique and flexible opportunity for the entrepreneur looking to test their family
recipes, incubate their business idea, or just to provide for the needs of their family. Established
restaurants that have food trucks or are interested in joining the food truck movement are
welcome as well.
Food truck courts provide a unique drinking and dining experience with covered seating to
provide a new, innovative place for Ashlanders and travelers to come and enjoy the beautiful
scenery, enjoy the outdoors, and to diversify the available food and drink options, speed of
operations, food choices and prices. The proposed food truck court will energize a dormant
street front and draw additional foot traffic to Ashland Street.
2366 Ashland Street
Site Review & Conditional Use Permit
February 18, 2021
Page 3 of 19
Received 2.18.2021
The City of Portland has found that the food trucks add a vital economic element and can
engage the public sidewalk. It has been found that food trucks provide jobs and are a great way
to rethink a vacant urban space as a people place. Portland has succeeded in having food truck
pods that have become a destination for diners. In 2016, some of the nearly 470 food trucks
were able to open brick and mortar businesses. Many of the food trucks in Portland stay in
place for the duration of their space lease. This proposal does not require the trucks to move
daily as they are not utilizing required parking.
Conclusion,
The subject property has been auto oriented since its original development as a Phillip 66 Service
Station. The property has fallen into serious disrepair over the past decade, has had code
compliance issues and became an eyesore. The proposed site improvements will be a substantial
improvement to the Ashland Street corridor.
The proposed food truck court will enliven the Ashland Street frontage and provide alternative
dining options in a freeway accessible, locally accessible large acre derelict property.
The applicant is making attempts to address the site traffic including future site traffic and
provide for a formal parking area that generally complies with the standards. The applicant's feel
that the combination of permanent and temporary measures proposed will greatly enhance the
site while not preventing or impeding the future, larger site re -development. The creation of a
food truck court, and parking areas that are defined will not prevent future redevelopment of
the site.
The structures orientation, scale, setback, building design, materials, etc. are not being modified
with this proposal.
Findings of fact addressing the criteria from the Ashland Municipal Code are provided on the
following pages. For clarity, the criteria are in Times New Roman and the applicant's responses
are in Calibri.
2366 Ashland Street
Site Review & Conditional Use Permit
February 18, 2021
Page 4 of 19
Received 2.18.2021
SITE DESIGN AND USE STANDARDS;
18.5.2.050 Approval 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.
The site plan layout provides a layout that demonstrate general compliance with the applicable
provisions of the underlying zone. The site is non -conforming with many of the City standards. The
existing building was constructed with the intention of serving automobile traffic. The canopy of
the building is setback approximately 10 feet from the front property line with primary vehicle
maneuvering area between the building and the street. The front entrance is more than 60 feet
from the front property line.
The single -story building is significantly below the maximum building height.
The existing structure at 1,902 sf is significantly below the required floor area ratio of 14,921 sf.
No permanent site development that would impact future site development to envisioned uses in
the zone, so a shadow plan addressing future building and parking area has not been provided.
The property, with approximately 95% coverage which exceeds the maximum lot coverage. With
the proposed removal of concrete to install the landscape planters and the sand set pavers, the
lot coverage will be reduced by approximately 500 sf. At the time of future development,
landscaping, parking lot shade trees, landscape buffers, bioswales, etc. will be added that will
bring the site into conformance with the minimum landscaping standards and the maximum lot
coverage in the zone.
B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3).
The property is within the Basic and Detail Site Design Standards overlay zone, Ashland Street
Standards overlay and the Freeway Sign overlay. The property development is non -conforming
but site improvements are proposed that will bring the property closer to conformance with the
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.
2366 Ashland Street
Site Review & Conditional Use Permit
February 18, 2021
Page 5 of 19
Received 2.18.2021
18.4.2.040.B. Basic Site Review Standards.
1. Orientation and Scale.
a. Buildings shall have their primary orientation toward the street and not a parking area.
Automobile circulation or off-street parking is not allowed between the building and the
street. Parking areas shall be located behind buildings, or to one side.
The existing structure is a 1969 auto -centric design that has its primary orientation
towards the street and as a fueling station/auto repair facility, the primary automobile
circulation and off-street parking between the building and the street. The proposed
installation delineated parking area, low fencing to separate the food truck area from the
driving aisle and direct the vehicles to the side and rear of the food truck court and
structure will retain the orientation towards the street but remove the current drive
through capabilities.
b. A building fagade or multiple building facades shall occupy a large majority of a
project's street frontage, and avoid site design that incorporates extensive gaps between
building frontages created through a combination of driveway aprons, parking areas, or
vehicle aisles. This can be addressed by, but not limited to, positioning the wider side of
the building rather than the narrow side of the building toward the street. In the case of a
corner lot, this standard applies to both street frontages. Spaces between buildings shall
consist of landscaping and hard durable surface materials to highlight pedestrian areas.
The existing building fd�ade does not occupy a large majority of the project's street
frontage. The existing structures facade width is less than 50 feet wide on the front wall
of the building, extending to a point on the batwing awning. The front wall of the structure
is setback more than 6Q feet from the front property line. The existing building and
proposed building fagades occupy less than 25 percent of the property's 215 -foot -wide
street frontage.
The area in front of the existing building and the street are proposed as a food truck court,
seating area, community gathering area and outdoor venue for the new outdoor dining
normal. The existing paved surfaces will be saw cut, repaired, patched and material
changes to the surfaces are proposed that will distinguish the pedestrian areas within the
food truck court area from the driving and parking areas.
With future site development with permanent structures, this standard will be addressed
and the majority of the property's street frontage will be occupied by building facade,
landscaping and pedestrian plaza areas.
2366 Ashland Street
Site Review & Conditional Use Permit
February 18, 2021
Page 6 of 19
Received 2.18.2021
c. Building entrances shall be oriented toward the street and shall be accessed froth a public
sidewalk. The entrance shall be designed to be clearly visible, functional, and shall be open
to the public during all business hours.
The existing building entrance facing Ashland Street will remain as the primary entrance
/ exit to the building. A patio area to enhance the entrance is proposed under the main
canopy. The entrance is visible and functional; signage will increase visibility. Customers
leaving the dispensary portion of the building will have a dedicated exit via a new,
aluminum clad wood storefront style door installed on the west wall of the building that
leads directly to the parking area. A small awning that reflects the large batwing is
proposed over the door. This door will be exit only.
The food trucks present upon the site, with their window open, awning out, portable menu
sign out, will distinguish that the food truck court businesses on the site are open.
d. Building entrances shall be located within 20 feet of the public right of way to which
they are required to be oriented. Exceptions may be granted for topographic constraints,
lot configuration, designs where a greater setback results in an improved access or for sites
with multiple buildings, such as shopping centers, where other buildings meet this standard.
The existing buildings setback was established with the initial construction of the building
in 1969. The awning is an integral portion of the building and directs the eye to the
entrance of the building.
e. Where a building is located on a corner lot, its entrance shall be oriented toward the
higher order street or to the lot corner at the intersection of the streets. The building shall
be located as close to the intersection corner as practicable.
The building is not on a corner lot.
f. Public sidewalks shall be provided adjacent to a public street along the street frontage.
There is a five -foot -wide public sidewalk along the frontage of the property. The existing
sidewalk pattern is not proposed to be modified with the proposal. The street frontage is
also an Oregon Department of Transportation (ODOT) controlled state highway. The
sidewalk does not comply to the city of Ashland standards, nor the ODOT standards for
2366 Ashland Street
Site Review & Conditional Use Permit
February 18, 2021
Page 7 of 19
Received 2.18.2021
new frontage improvements. With no changes to the frontages, and trip generation to
and from the site is consistent with the zoning and the anticipated vehicle trips generated
by a retail establishment of less than 2,000 SF and a food truck court are similar too or
less than the sites previous uses as a fueling station, automobile repair, U -Haul Rental with
small automobile parts retail portion.
2. Streetseape. One street tree chosen from the street tree list shall be placed for each 30 feet of
frontage for that portion of the development fronting the street pursuant to subsection 18.4.4.030.E.
No modifications to the frontage is proposed. When the site develops at a greater intensity with
commercial structures, frontage improvements including street trees will be proposed.
3. Landscaping.
a. Landscape areas at least ten feet in width shall bluffer buildings adjacent to streets, except
the buffer is not required in the Detail Site Review, Historic District, and Pedestrian Place
overlays.
The site is in the detail site review zone and when the site develops to a greater intensity,
the standards for landscape areas, pedestrian plaza areas, etc. will be addressed.
b. Landscaping and recycle/refuse disposal areas shall be provided pursuant to chapter
18.4.4.
A dedicated trash and refuse disposal area will be provided behind the building. The
disposal area will be screened and a locked facility to prevent vandalism, theft and
scattering of rubbish.
There will be individual trash, recycle, possibly compost bins provided within the food truck
court area.
With futuresite improvements, the site will be brought into compliance with the maximum
lot coverage in the C-.1 zone or 85 percent. Future landscape areas are shown along the
rear property line. A landscape buffer of five feet is proposed along the parking area that
is head -in along the east property line.
2366 Ashland Street
Site Review & Conditional Use Permit
February 18, 2021
page 8 of 19
Received 2,15.2421
4. Designated Creels Protection. Where a project is proposed adjacent to a designated creek
protection area, the project shall incorporate the creek into the design while maintaining required
setbacks and buffering, and complying water quality protection standards. 'The developer shall
plant native riparian plants in and adjacent to the creek protection zone.
There are no designated creek protection areas on the property.
5. Noise and Glare. Artificial lighting shall meet the requirements of section 18.4.4.050.
Compliance with AMC 9.08.170,c and AMC 9.08.175 related to noise is required.
All new lighting, including security lighting will comply with the standards of AMC 9.08.170.c.
There are no residentially zoned lands in the vicinity. The lights will be directed to provide the best
site security and not to "pollute" the night sky.
6. Expansion of Existing Sites and Buildings. For sites that do not conform to the standards of
section 18.4.2.040 (i.e., nonconforming developments), an equal percentage of the site must be
made to comply with the standards of this section as the percentage of building expansion. For
example, if building area is expanded by 25 percent, then 25 percent of the site must be brought
Lip to the standards required by this document.
The subject property does not conform to the standards of AMC 18.4.2.040 as addressed above
nor the standards of the Detail Site Review zone. No new construction is proposed that expands
the building. The proposed improvements to the site are to create a delineated parking area for
the retail establishment and for the food truck court. The surfaces where these parking areas are
located have historically been used as parking or vehicle storage area.
The provision of a defined parking area that complies with the municipal code standards for
striping, wheel -stops, screening fence, and provision of ADA parking all are standards required by
code that will be met through this proposal. A U rack for two, covered bicycle parking spaces
under the batwing awning near the entry to the dispensary is proposed. A secure trash recycle
enclosure area is an also addresses the standards of the code.
The proposal provides areas of new landscape, clearly defined parking spaces, low barriers to
define the food truck court and the pedestrian areas from the vehicle maneuvering areas.
18.4.2.040. C. Detailed Site Review Standards.
2366 Ashland Street
Site Review & Conditional Use Permit
February 18, 2021
Page 9 of 19
Received 2.18-2021
The proposal is for a change of use from auto repair and fueling station to retail dispensary and
a conditional use permit to allow for the operation of a food truck court.
The proposed site modifications are primarily to the surfaces to define the parking areas, defined
pedestrian areas, secure refuse area and to improve a long vacant property just by having a
presence.
No changes are proposed that affect the detail site review standards for new construction.
The site, at 29,842 sf feet is largely vacant and has a significant amount of development potential.
The property within the detail site review zone has a "required" Floor Area Ratio (FAR)14,921 sf.
Though a floor area ratio shadow plan addressing the standards from AMC 18.4.2.020.0 1.a has
not been provided. The current structure only occupies a small portion of the property. Any new
construction would likely occur on the east and north side of the property.
Parking would be located to the rear of the structure. With future site development, and the
intensification of the uses of the property, public street improvements, site improvements,
including the installation of additional, required parking areas, landscaping, landscape buffers
and required bioswales will be installed.
The farmer vehicle area under the awning is proposed to be a "people area" between the existing
sidewalk and the surface proposed to include masonry (pavers) or scored and colored concrete.
There are no incompatible uses on adjacent lots. The perimeter of the property is fenced. When
the future site development happens, a five foot -wide landscape buffer is proposed along the rear
property lines which will buffer the future construction on the vacant C-1 zoned lots to the south.
The property and the parking area is buffered from Washington Street by a vegetated bio-swale
that services the Washington Street Plaza properties to the south and a fence. The parking area
is buffered from Ashland Street by the substantial distance from the parking areas to the street.
D. City Facilities. The proposal complies with the applicable standards in section 18.1.6 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.
2366 Ashland Street
Site Review & Conditional Use Permit
February 18, 2021
Page 10 of 19
Deceived 2.18.2021
The property presently has two driveway curb cuts from Ashland Street that provide vehicular
access to the property.
The site historically was a fueling station, retail establishment and auto repair shop, consuming
large volumes of public utilities, electric in particular. The proposed uses of the site will require
less services than the site will currently be utilized for.
There is a sanitary sewer dump station at the rear of the building. A grease trap system will be
installed here to allow for the food trucks to dispose of grey water onsite.
There is single-phase 220 electrical which is more than adequate for the proposed uses. The food
truck court is proposed to have electric outlets installed on a post near the posts for the canopy.
From there the individual truck that need power (some utilize onboard generators) will have
access. The cords will be covered to prevent trip hazards.
The existing structure has two restrooms and there will continue to be two restrooms on the site
following construction. The site is serviced by afour-inch sewer line. A portojohn will be installed
on the backside of the retail structure for the use of the food truck patrons.
There is a one -inch water line on the, site. A freshwater spigot will be provided for use by the food
trucks as necessary for each type of use.
18.4.6.020.B for an Exception to Street Standards:
1. Exception to the MreetDeskn Standards. The approval authority may approve exceptions
to the standards section in 18.4,6,04.0 Street Design Standards if all of the following circumstances
are fOLInd to exist.
No new frontage improvements or modifications are proposed. An exception is not necessarily
triggered as the existing improvements are existing non -conforming.
a. There is demonstrable difficult), in ineeting the specific requirements of this chapter
due to a Unique or Unusual aspect of the site or proposed use of the site.
Due to the unique layout of the site and that the use is similar or less in, trip generation
than a three -pump fuel station, with retail and auto repair, the proposal should not be
required to install new Ashland Street frontage improvements at this time. With future
development and intensification of the site, comprehensive street improvements will be
2366 Ashland Street
Site Review & Conditional Use Permit
February 18, 2021
Page 11 of 19
[Receivied 2.1&2021
provided that will be proportional to the increase in building area on the site and trip
generation to and frons the site.
b J'he exception will result in equal or superior transportation facilities and
connectivity considering the following factors where applicable.
Through the temporary measures taken to adjust vehicular movement across the property
primarily, destined for the ARCO AMIPM to the east, and the temporary closure of the
eastern most driveway on the site that the customers of the AMIPM used to drive against
traffic on OR66 to avoid the required right in / right out driveway at the AM/'PM, superior,
safer transportation facilities are being provided.
i. For transit facilities and related improvements, access, wait time, and ride
experience.
Transit facilities are provided across Ashland Street from the subject property. It is
unlikely that transit facilities would be provided for in front of the property due to
its proximity to the freeway interchange.
ii. For bicycle facilities, feeling of safety, quality of experience (i.e., cornfort
level of bicycling along the roadway), and frequency of conflicts with vehicle cross
traffic.
A dedicated bicycle tone with signal light was installed during the freeway
interchange improvements that were made in 201212013.
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.
When the site develops at a greater intensity and new construction is proposed,
pedestrian facilities will be provided that increase the feeling of safety, and quality
of experience. These will include widened sidewalk, street trees and reduced point
of conflict with the removal of one of the driveways.
C. The exception is the rnininiurn necessary to alleviate the difficulty.
2366 Ashland Street
Site Review & Condiflona8 Use Permit
February 18, 2021
Page 12 of 19
Receivied 2. 18.2021
The proposal is not considered an intensification of use and street improvements
should not be required as this point. Any improvements to Ashland Street will need
to be proportional to the site development. The proposal involves a restoration and
rehabilitation of an existing commercial building with new development, street
improvements will be provided to the greatest extent feasible considering the
impediments in the right-of-way i.e. slope of the property, numerous public utility
infrastructure, limited right-of-way, etc.
d. The exception is consistent with the Purpose and Intent of the Street Standards in
subsection .1 8.1.4 6,,040.A.
The proposed exception is consistent with the purpose and intent of the street
standards. The sidewalk connects to the existing curbside sidewalk and there is a
bike lone across the frontage of the property. The proposal is consistent with the
intent of the standards because the existing design encourages pedestrian and
bicycle travel within the limited right-of-way, the street is paved, there are non -
mountable curbs and the gutter widths are included in the existing street width.
C. Roadway Access, The owner of a nonconforming driveway approach or access to a public
street or highway, upon receiving land use or development approval, may be required as a
condition of approval to bring the nonconforming access into conformance with the standards of
the approval authority.
The driveway approaches to the site are non -conforming with the access management standards
of the City of Ashland and the Oregon Department of Transportation (ODOT). The proposal is not
considered a change of use by ODOT and the applicant finds that permanent modifications to the
driveway approaches is not proportional to the proposed redevelopment of the site at this time.
Temporary measures are proposed to improve access management until a comprehensive site
development plan is designed that takes into account the proposed site, development,, existing
highway conditions and future roadway improvements (i.e. light at Washington Street). ODOT
representatives indicated that the temporary closure of the driveway would be, an acceptable
means of traffic calming on the site.
AMC i8.4.6.o4O.K. Ashland Street Corridor.
The subject property is typical auto -oriented development common adjacent to freeway
interchanges. The site has vast areas of asphalt paving and minimal landscaping. The existing
2366 Ashland Street
Site Review & Condiflonal Use Permit
February 18, 2021
Page 13 of 19
1"Receiveld 2 "18.2021
structure is an iconic, auto -centric design that has a vastly different architecture than typical
freeway oriented fueling station.
No modifications are proposed to Ashland Street. As the larger redevelopment project proceeds
forward, the property owners will be working to create an environment reflective of Ashland's
community image.
The proposal is to enliven the barren Ashland Street frontage and to provide additional food and
beverage options to locals and visitors.
AMC 18.2.3.190.B.1 Medical Marijuana Dispensaries/Boulevard Locations:
Marijuana dispensaries are permitted subject to all of the following design standards:
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.
The dispensary is within a permanent building. No outdoor storage of merchandise, raw
materials or other materials associated with the dispensary will occur on site. The daily
refuse created by the business will either locked in a secure trash enclosure located within
the structure or will be disposed of off-site at a secure location.
b. Any modifications to the subject site or exterior of a building Dousing 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.
All modifications to the structure are consistent with the Site Design and Use Standards.
The exterior modifications of the structure (addition of an awning on the west side), do
not require a Site Design Review permit. The site is non -conforming with many aspects of
the Site Design and Use Standards, all proposed site improvements are intended to provide
a better environment for customers, pedestrians and for vehicles entering and exiting the
site.
A portion of this application is for Site Review to address modifications to the parking lot.
The proposed modifications are consistent with the Site Design and Use Standards.
No security bars or grates will be installed on the windows or doors.
2366 Ashland Street
Site Review & Conditional Use Permit
February 18, 2021
Page 14 of 19
Received 2.18.2021
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 daily refuse created by the business will either locked in a secure trash enclosure
located within the structure or will be disposed of off-site at a secure 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 light system associated with indoor cultivation proposed. The structure
is not a greenhouse.
e. Building Code. zlny structure, accessory structure, electrical service, plumbing, or
mechanical equipment (e.g., lighting, farns, heatirngand coolingsystems) associated
with a business shall satisfj, the Building Code requirements and obtain all required
building permils prior• to installation.
A tenant improvement building permits for interior renovations has been applied
for. All required commercial building permits for any lighting, fans, heating and
cooling systems will be obtained. An Oregon Licensed contractor is the general on
the job.
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.
2366 Ashland Street
Site Review & Conditional Use Permit
February 18, 2021
Page 15 of 19
Received 2.18.2021
The site is more than 1,000 feet from any other marijuana related business. The
site has a pending approval by the State of Oregon as a marijuana dispensary,
preliminary approval has been obtained.
The nearest dispensary, or other approved marijuana related business is on
Applegate Way which is substantially more than 1, 000 feet measured in a straight
line radius from the subject property.
g. The property owner shall record a declaration which waives any claim or
tight to Fold 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 property owner will not hold the City liable for damages that they may
suffer from state or federal enforcement actions. A deed declaration which
waives any claim or right to hold the city liable will be recorded.
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.
All State of Oregon approvals will be in place prior to operation. Evidence
of state approval will be provided with the business license application and
prior to operation. The state of Oregon license is pending this application
approval.
3. Marijuana Retail Sales. In addition to the standards described above in subsection
18.2.3.190.B.1, marijuana retail sales shall meet the following requirements. See
definition of marijuana retail sales in part 18.6.
a. Location.
i. Marijuana retail sales are allowed if located on a property with a boundary line
adjacent to a boulevard.
2366 Ashland Street
Site Review & Conditional Use Permit
February 18, 2021
Page 16 of 19
Received 2.18.2021
The property is adjacent to Ashland Street, Oregon State Highway 66, which is
classified as a boulevard in the City of Ashland Transportation System Plan.
ii. Marijuana retail sales, except as allowed above in subsection
18.2.3.190.B.3.a.i, must be located 200 feet or more from a residential zone and
are subject to a Conditional Use Permit tinder chapter• 18.5.4.
The site is more than 200 feet from any residential zone.
iii. Marijuana retail sales are not permitted in the Downtown Design Standards
Zones.
The site is not in the Downtown Design Standards Zone.
iv. A marijuana retail sales outlet shall be located more than 1,000 feet from another
marijuana retail sales outlet. Medical and recreational marijuana retail sales do not
need to be separated by 1,000 feet if located together in one building if the
configuration meets all applicable Oregon Revised Statutes and Oregon
Administrative Rules. No more than two registrations or licenses issued by the
State of Oregon (e.g., a medical dispensary registration and a recreational sales
license) may be located in one building. See subsection 18.2.3.190.B.1,f for
methodology for measuring the required distance between marijuana related -
businesses.
The site is more than 1,000 feet from any other marijuana related business. The
site has a pending approval by the State of Oregon as a marijuana dispensary,
preliminary approval has been obtained
b. Drive -up Use. The marijuana retail sales outlet must not include a drive -up use.
No drive -up is proposed. The entry to the dispensary is accessible only from the
entry that is on the front side of the structure, away from the parking spaces.
2366 Ashland Street
Site Review & Conditional Use Permit
February 18, 2021
Page 17 of 19
Received 2.18.2021
Conditional Use Permit 18.5.4
A. Approval Criteria. A Conditional Use Permit shall be granted if the approval authority finds
that the application meets all of the following criteria, or can be made to conform through the
imposition of conditions.
1. That the use would be in conformance with all standards within the zoning district in which
the use is proposed to be located, and in conformance with relevant Comprehensive plan policies
that are not implemented by any City, State, or Federal law or program.
The use of a portion of the property as a food truck court is consistent with the Comprehensive
Plan policies for the uses of commercial zones to their highest and best uses. Outdoor food sales,
,eating area, community gathering areas with adequate parking, access to utilities and sign code
conformance, furthers the purpose and intent of the commercial zone.
2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage,
paved access to and throughout the development, and adequate transportation call and will be
provided to the subject property.
See finding above on page 11.
3. That the conditional use will have no greater adverse material effect on the livability of the
impact area when compared to the development of the subject lot with the target LISC of the zone,
pursuant with subsection 18,5.4.050A .51, below. When evaluating the effect of the proposed use
oil the impact area, the following factors of livability of the impact area shall be considered in
relation to the target use of the zone.
a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surrounding streets. Increases ill pedestrian,
bicycle, and mass transit use are considered beneficial regardless of capacity of facilities.
c. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental pollutants.
e. Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive Plan.
g. Other factors found to be relevant by the approval authority for review of the proposed
use.
The target use of the zone is a nearly 30,0 0 square foot parcel for the comparison
purposes of the conditional use permit seeks a.35 Floor Area Ratio of 107,444. SF or up
to .5 FAR, the minimum required in the zone 14,921 square feet of commercial retail
space.
The bulk of the food trucks and the area of the food truck court is small in scale and area
when compared to the target use of the zone.
2366 Ashiand Street
Site Review & Conditional Use Permit
February 18, 2021
Page 18 of 19
[�Reic.e ivied 2.18,21021
The proposed food truck court will generate substantially fewer vehicle trips a day than a
nearly 15,000 square foot retail establishment, the target use of the zone. The food truck
court will provide a destination for pedestrians and bicyclist and ideally increases
pedestrian traffic on Ashland Street,
The proposed food trucks are '°architecturally" compatible to the highway and
automobile oriented design of the properties in the immediate vicinity of the freeway
interchange.
A food truck court generates similar noise, odors, light and glare as uses that are
permitted in the commercial zone and that are allowed within a retail use or outside of
the retail or restaurant establishment.
The proposed food truck court and the site improvements to make it a possibility are not
permanent in nature and when the site develops to a greater intensity, the
improvements are easily altered.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted
pursuant to this ordinance.
Uses within the food trucks and on the property are allowed pursuant to this ordinance.
S. For the purposes of reviewing conditional use perrnit applications for conformity with the
approval criteria of this subsection, the target uses of each zone are as follows.
d. C;-1. The general retail commercial uses listed in chapter �� Base Zones and Allowed
Uses, developed at an intensity of (1.35 floor to area ratio, complying with all ordinance
requirements; and within the Detailed Site Review overlay, at an intensity of 0,50 floor to area
ratio, complying with all ordinance requirements.
The target use of the zone is a nearly 30,000 square foot parcel for the comparison purposes of
the conditional use permit seeks o.35 door Area Ratio of 10,444.7 SF or up to .5 FAR, the
minimum required in the zone 14,921 square feet of commercial retail space.
2366 Ashland Street
Site Review & Conditional Use Permit
February 18, 2021
Page 19 of 19
F'Rec6ved 2. "18 2,021
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City of Ashland
Community Development Department
51 Winburn Way
Ashland, OR 97520
Telephone: 541-488-5305
Inspection Line: 541-552-2080
Plan Type: Type I Planning Action
Work Class: Type I Planning Action
PERMIT NUMBER
PA -Tl -2021-00139
Apply Date: 2118/2021
Ma &Tax Lot Pio ert`` Address
391 E14AB500 2366 Ashland St
Owner: SJDM INC
Owner 355 Industrial Dr
Address: White City, OR 97503
Phone: (805) 300-3650
Applicant: Rogue Planning and Development
Applicant 1314-B Center Dr PMB 457
Address: Medford, OR 97501
Phone: (541) 951-4020
I Tvoe 1 Sitee design review for special retail use permit & CUP for food truck court l
Fee Description: Amount:
Commercial Site Review (Type 1) $2,342.00
Conditional Use Permit (Type 1) $1,092.00
Applicant:
Date:
Total Fees; $3,434.00