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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 PA -T1-2021-00139 391E14AB 500 RICKERT PROPERTIES LLC 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 .I I Peeaha el s Bead along I ine to expose Pop-up Edge' 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 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 • avery.com/templates Use Avery Template r0 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 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 2366 ASS 9 l A, p p I y l�!I!kfyll' Addressee I Site Add, Format Comrna-,, 18 address 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 I Subject Property 2366 Ashland Street PA -Tl -2021.00139 OVER G.lconiiii-devplanriiii�\I'Ianning ActionSTAS by SiwetWt%Ashland S(reetWlilandStrcet,_2366\shiand-236,- 6PA-I'l-202&-00139NNIOClAsiilagid 2366—"A-T'-202'-"'3"rNOC-docx (� 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 Client C) e = A5HLAND 5T. 2366 AS-MAND 5T. 39 1 E 0 4AB-50O X77520 D15P�NWY MOD A51-ILAND, OP. 9 0 TRUCK5 P V I r M4 rAft 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