HomeMy WebLinkAboutClover_580_PA-APPEAL-2022-00016CITY OF
ASHLAND
October 12, 2022
Brian Sliger, Tesla Inc.
3500 Deer Creek Rd.
Palo Alto, CA 94304
RE: Planning Action #PA-APPEAI 2022-00016
Notice of Decision
At its meeting of October 12, 2022, based on the record of the public meetings and hearings on this matter, the
Ashland Planning Commission denied the appeal, and upheld the administrative decision approving Planning
Action PA -T1-2022-00187, which was a request for a Conditional Use Permit and Site Design Review
approvals to allow for the installation of an asphalt -paved parking lot with approximately 24 electric vehicle
(EV) charging stalls on an undeveloped site at 580 Clover Ln. The Ashland PIanning Commission adopted and
signed the Findings, Conclusions and Orders document on October 11, 2022,
The Planning Commission's decision on appeal becomes final with this mailing of the Notice of Final
Decision (AMC 18.5.1.050.6.4). The 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.
Copies of the Findings, Conclusions and Orders document, the application and all associated documents and
evidence submitted and applicable criteria and standards are available for review at the Ashland Community
Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are
charged based on the City of Ashland copy fee schedule.
This decision may be appealed to the Oregon Land Use Board of Appeals (LUBA) in accordance with Oregon
State Law. Please contact LUBA for specific appeal information, http://www.oregon.gov/LUBA/FAQ.slitinlor 503-
373-1265. They are located at 550 Capitol Street N.E., Suite 235, Salem, Oregon 97301-2552.
If you have any questions regarding this decision, please contact the Ashland Community Development
Department between the hours of 8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305.
Enclosure
cc: Asia Johnson
Parties of Record
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5365 �.
51 Winburn Way Fax: 541-552-2059
Ashland, Oregon 97520 TTY: 800-735-2900 ,r
www.ashland.or.us
BEFORE THE PLANNING COMMISSION
October 11, 2022
IN THE MATTER OF PLANNING ACTION #PA -APPEAL -2022-00016,
AN APPEAL OF THE ADMINISTRATIVE APPROVAL OF PLANNING
ACTION 4 -PA -TI -2022-00187, CONDITIONAL USE PERMIT AND SITE
DESIGN REVIEW APPROVALS TO ALLOW FOR THE INSTALLATION
OF AN ASPHALT -PAVED PARKING LOT WITH APPROXIMATELY 24
ELECTRIC VEHICLE (EV) CHARGING STALLS ON AN
UNDEVELOPED SITE. STAFF INITIALLY APPROVED THE
APPLICATION. SUBSEQUENT TO TME MAILING OF A NOTICE OF
DECISION, JEFF SHARPE WHO PARTICIPATED IN THE PROCEEDINGS
BELOW FILED AN APPEAL REQUEST.
OWNER: ASIA JOHNSON
APPLICANT: TESLA
APPELLANT: JEFF SHARPE OF STRACKER SOLAR
RECITALS:
FINDINGS,
CONCLUSIONS,
AND ORDERS.
1) Tax lot #6801 of Assessor's Map 39-lE-14-AA is located at 580 Clover Lane is in the E-1
zone and is 0.57 acres in size.
2) The application requested a Conditional Use Permit and Site Design Review approvals to
allow for the installation of an asphalt -paved parking lot with 24 electric vehicle (EV)
charging stalls on an undeveloped site.
3) On July 18, 2022, the application was deemed complete, and in accordance with AMC
18.5.1.050.B.4 a Notice of Complete application was posted at the subject property in clear
view from the public right-of-way and mailed to all property owners of record within 200
feet of the parcel.
4) The Staff Advisor approved the application on August 9, 2022, and a Notice of Decision
(NOD) was mailed on the same date.
5) On August 22, 2022, a Notice of Intent to Appeal (NITA) was received with Jeff Sharpe
named as the appellant.
6) In the proceedings below Jeff Sharpe submitted no written comment on the application,
however Denise Deneaux submitted public comment on behalf of Stracker Solar. The appeal
application, submitted by a representative of Stracker Solar in the name of Jeff Sharpe,
included no statements demonstrating the person filing the notice of appeal has standing
to appeal, nor was there a statement demonstrating that the appeal issues were raised
PA -APPEAL -2022-00016
October 11, 2022
Page 1
during the public comment period, as required pursuant to AMC 18.5.1.050.G.2.c ". For
that reason, the appeal could be considered to have a jurisdictional defect and not be
considered, however the Staff Advisor felt that the public was better served by hearing
the appeal on its merits. It is understood that the comments received from Ms. Deneaux
on behalf of Stracker Solar are the issues that have been preserved for the Stracker Solar
/ Jeff Sharpe appeal.
7) The Planning Commission, following proper public notice, held a public hearing on
September 13, 2020. Public testimony was received, and exhibits were presented.
8) The criteria of approval for Site Design Review are described in Ashland Municipal Code
(AMC) 18.5.2.050 which state that the approval authority shall approve an application only
where all the following criteria are met:
An application for Site Design Review shall be approved if the proposal meets the
criteria in subsections A, B, C, and D below. The approval authority may, in approving
the application, impose conditions of approval, consistent with the applicable criteria.
A. Underlying Zone. The proposal complies with all of the applicable provisions of the
underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot
area and dimensions, density and floor area, lot coverage, building height, building
orientation, architecture, and other applicable standards.
B. Overlay Zones. The proposal complies with applicable overlay zone requirements
{part 18.,3).
C. Site Development and Design Standards. The proposal complies with the
applicable Site Development and Design Standards of part 18.4, except as provided by
subsection E, below.
D. City Facilities. The proposal complies with the applicable standards in section
18.4.8 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
authorit may approve exceptions to the Site Development and Design Standards of
part 18. 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
c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall
contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
PA -APPEAL -2022-00016
October 11, 2022
Page 2
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,
9) The criteria of approval for a CU are described in Ashland Municipal Code (AMC)
18.5.4.050 which state that the approval authority shall approve an application only where all
the following criteria are met:
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 f=ederal law
or program.
2. That adequate capacity of City facilities for water, sewer, electricity, urban storm
drainage, paved access to and throughout the development, and adequate
transportation can and will be provided to the subject property.
3. That the conditional use will have no greater adverse material effect on the livability
of the impact area when compared to the development of the subject lot with the target
use of the zone, pursuant with subsection 18.54.050.A.5, below. When evaluating the
effect of the proposed use on the impact area, the following factors of livability of the
impact area shall be considered in relation to the target use of the zone.
a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surrounding streets. Increases in
pedestrian, bicycle, and mass transit use are considered beneficial regardless of
capacity of facilities.
c. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental
pollutants.
e. Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive
Flan.
g. Other factors found to be relevant by the approval authority for review of the
proposed use.
4. A conditional use permit shall not allow a use that is prohibited or one that is not
permitted pursuant to this ordinance.
5. For the purposes of reviewing conditional use permit applications for conformity with
the approval criteria of this subsection, the target uses of each zone are as follows.
f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed
Uses, developed at an intensity of 0.35 floor to area ratio, complying with all
PA -APPEAL -2022-00016
October 11, 2022
Page 3
ordinance requirements; and within the Detailed Site Review overlay, at an
intensity of 0.50 floor to area ratio, complying with all ordinance requirements.
Now, therefore, the Planning Commission of the City of Ashland finds, concludes and
recommends as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index of exhibits, data, and
testimony will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "O"
Hearing Minutes, Notices, and Miscellaneous Exhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS
2.1 The Planning Commission finds that it has received all information necessary to render a
decision based on the application, previous findings, Staff Report, public hearing testimony, and
the exhibits received.
2.2 The Planning Commission notes that electrical charging station for cars is not a use in the
Land Use Ordinance. The Planning Commission finds that an `electrical charging station' is a
`vehicle fueling station' which is a conditionally allowed use in the E-1 zone.
2.3 The Planning Commission finds that the application was deemed complete on July 18,
2022, and notice was both posted at the frontage of the subject property and mailed to all
property owners within 200 -feet of the subject property. The Planning Commission further finds
that the application was approved by the Staff Advisor on August 9, 2022, with a 12 -day appeal
period which extended through August 22, 2022.
2.4 The Planning Commission finds that AMC Title 18 Land Use regulates the development
of land to carry out the pattern envisioned by the Comprehensive Plan and to encourage efficient
use of land resources among other goals. When considering the decision to approve or deny an
application the Planning Commission considers the application materials against the relevant
approval criteria in the AMC. The Plam-iing Commission finds that the proposal for Site Design
Review and a Conditional Use Permit meets all applicable criteria described in sections
18.5.2.050 and 18.5.4.050.
2.5 The Planning Commission finds that there is substantial evidence in the record to make
findings that each of the approval criteria have been met as demonstrated in the staff report dated
September 13, 2022 prepared for this appeal, the original findings approving the application, and
the application materials themselves. each of which are hereby incorporated herein by their
references as if set out in full.
2.5.1 The Planning Commission finds that the vehicular charging station is not a
PA -APPEAL -2022-00016
October 11, 2022
Page 4
prohibited use within the zone, and the use is in conformance with all standards within the
zoning district, and in conformance with the Comprehensive Plan.
2.5.2 The Planning Commission finds that the capacity of City facilities for water,
sewer, electricity, urban storm drainage, and transportation, is adequate to serve the property
and the proposed vehicular charging station use.
2.5.3 The Planning Commission finds that the vehicular charging station as proposed
will have no greater adverse material effect on the livability of the impact area when
compared to the development of the subject lot with the target use of the zone.
2.6 The Planning Commission finds that on August 22, 2022, prior to the end of the appeal
period, the appeal application, submitted in the name of Jeff Sharpe, was submitted by a
representative of Stracker Solar. In the proceedings below Denise Dencaux submitted public
comment on behalf of Stracker Solar. The Planning Commission finds that Stracker Solar / Jeff
Sharpe have standing to appeal.
2.7 The Planning Commission finds that the notice of appeal identified the following issues
on appeal:
• We urge the city to look at decisions made today that will affect future electrical projects
• Clover Lane is a crowded street and not at all an ideal location to send more traffic
• This is a Tesla only charging station that only benefits Tesla and none of our local car
dealerships.
2.7.1 The Planning Commission notes that the appeal application supplies a field for the
applicable criteria or procedure in the Ashland Municipal Code that was violated, these were
left blank. Nowhere in the appeal materials are there citations to specific criteria or
procedures that are alleged to be violated. The Planning Commission therefore presumes that
the first item relates to AMC 18.5.4.050.A.2 (adequate capacity of City facilities), and that
the second item relates to AMC 18.5.4.050.A.3.b (generation of traffic), in the alternative it
could relate to AMC 18.5.2.050.D (adequate capacity of City facilities and adequate
transportation). The Planning Commission notes that the third assignment of error does not
appear to relate to any approval criterion.
2.7.2 The Planning Commission notes that the first assignment of error is regarding
adequate capacity of City facilities, specifically electrical. The Planning Commission notes
that there is a memo in the record from the Department head of the Electrical Department
explaining that an engineering firm examined the expected demand under full load and
extreme weather conditions and made a single recommendation to upgrade two spans of
overhead conductor. The Planning Commission further notes that the Electrical Department
is already planning on installing these upgrades in additions to other improvements in the
area with planning already underway. The Planning Commission finds that there is
substantial evidence in the record that there will be adequate capacity of City facilities. The
Planning Commission denies the first assignment of error.
2.7.3 The Planning Commission notes that the second assignment of error is that Clover
Lane is a crowded Street. The Planning Commission notes paved curb to curb width exceed
PA -APPEAL -2022-00016
October 11, 2022
Page 5
the standards for a neighborhood street, and further notes that while the Right -of -Way at the
subject site is only 41' the Planning Commission finds that this was improved in accordance
with tile approval PA#2003-112 and will not require additional ROW dedication or
improvements. The Plarming Commission denies the second assignment of error.
23.4 The Planning Commission notes that the third assignment of error is regarding the
exclusivity to Tesla Vehicles. The Planning Commission finds that the exclusivity to Tesla
vehicles is not relevant to any of the approval criteria. The Planning Commission denies the
third assignment of error.
2.8 The Commission finds that the proposal satisfies the applicable approval criteria and that
none of the appeal issues raised provide a basis to reverse the initial decision of the Staff
Advisor,
SEC'T'ION 3. DECISION
3.1 Based on the record of the Public Hearings on this matter, the Planning Commission
concludes that the request for Site Design Review and Conditional Use Permit approvals are
supported by evidence contained within the whole record.
3.2 The Planning Conhrnission derbies the appeal and re-aff rens the Staff Advisor's original
approval of the application. 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 all proposed signage be applied for through a separate ministerial permit
3) That prion• to the issuance of the certificate of occupancy
a. That the irrigation and landscaping has been installed according to the approved
plan.
Planni fg Conh nission Approval
October 11 2022
Date
PA -APPEAL -2022-00016
October 11, 2022
Page 6
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 October 12, 2022 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 -APPEAL -2022-
00016, 580 Clover Ln.
MichaeCSuCCivan
Signature of Employee
Gtomm-devVIanningManningAdonsWAs6ystreetkcUoveAclover_58o_585_annexlClover_580_PA-T1-2022-0018TCtover_580_APPEAL-2022-00016WoticingVoDo Clover_580_PA-APPEAL-2022-
00018_Aifidavit of Mailing.docx 01212022
PA -Tl -2022-110187
80 Clover Lane
.. __ ....
........................................................ .
Public Comment - Email List
:Emailied on 10/12122
Date.keceivid Name
til
7/22/2022 Am. bu`a Rosen
nnothgrdC vineBSS
7/22/2022 David Wynn
dayidwynn@ idcud,con)
7/23/2022 Regina Rileyre
;pari e ieffr�et.org
_
7/23/2022 Barbara Angela Whelan
_
Valla,nStILDRr oajIxOr )
7/24/2022 Julie.Akis
juliLAkins MLj €all._@coundfl a_�,,)1a nd, o r.us
7/24/202.2 Stefani Seffinger
stefjjr
7/29/2022 Sue Dolf€flfTrn,IT?�
7/29/2022 Ron/Claudia Little
-nall4�re�aa rdClB�r3[�.r �Y3
7/29/2022 Gary Piano
Gary Plano Cdr �r �ran�f :��ail cokes:
7/30/2022 Nally Cochran^",,I
Loch r8n@Dppla,rl,cc. nl
7/30/2022 Alden Moffat
aid e rj.mofl3st` �p,mail core
9/212022 Vicki Purslow
aryl w TP ai ,_co
PA -APPEAL -2022-00016
ANDREW DELIA
1000 SECOND AVE, SUITE 3900
SEATTLE, WA 98101
PA -APPEAL -2022-00016
CHRISTOPHER HEPLER
4582 SOUTH ULSTER ST, SUITE 1500
DENVER, CO 80237
PA -APPEAL -2022-00016
IAN G. GILLESPIE
1389 MILL POND RD
ASHLAND, OR 97520
PA -APPEAL -2022-00016
KAREN RASMUSSEN
1530 N. MOUNTAIN AVE
ASHLAND, OR 97520
PA -APPEAL -2022-00016
DAVID KASZUBA
680 SPRING CREEK DR
ASHLAND, OR 97520
PA -APPEAL -2022-00016
BRIAN SLIDER
3500 DEER CREEK DR
PALO ALTO CA 94304
PA -APPEAL -2022-00016
DENISE DENEAUX
645 A ST
ASHLAND, OR 97520
PA -APPEAL -2022-00016
JIM WESTRICK
607 FOREST ST
ASHLAND, OR 97520
PA -APPEAL -2022-00016
RICHARD & JOYCE STANLEY
44 SCENIC DR
ASHLAND, OR 97520
PA -APPEAL -2022-00016
JEFF SHARPE
557 FORDYCE ST
ASHLAND, OR 97520
i
PA -APPEAL -2022-00016
CHRIS HEDLUND
1000 SECOND AVE, SUITE 3900
SEATTLE, WA 98104
PA -APPEAL -2022-00016
HAYWOOD NORTON
527 SUTTON PL
ASHLAND, OR 97520
PA -APPEAL -2022-00016 391E14AA6801
JOHNSON ASIA
690 SPRING CREEK DR
ASHLAND, OR 97520
PA -APPEAL -2022-00016
RICHARD SIMONDS
443 CLINTON ST
ASHLAND, OR 97520
580 Clover NOD
10/12/22
14
Planning Commission
Speaker Request Form
1.) Complete this form and return it to the Secretary prior to the discussion of the item you wish to
speak about.
2) Speak to the Planning Commission from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes.
5) If you present written materials, please give it copy to, the Secretary for the record.
6) You may give written comments to the Secretary for the record if you do not wish to speak..
7) Speakers are solely responsible for the content of their public statement.
0111
Name
(please print))
101
Address (no P.O. Box)
1w,
Phone Email 6o
Tonight's Meeting Date q )
Regular Meeting
.000 '
Agenda item numat6r OR Topic for public forum (non agenda item
Land Use Public Hearing
For: Against:
Challenge for Conflict of Interest or Bias
If you are: challenging avnember (planning commissioner) with a conflict of interest or bias:, please write
your allegation complete with supporting facts on this forrn and deliver it to the clerk immediately. rhe
Chair will address the written challenge with the rnernber. Please be respectful of the proceeding and do
not interrupt. You may also provide testimony about the challenge when you testify during the normal
order of proceedings.
Written Comments/Challenge:
The Puhlic.Alfeeting Law requires that all city ineetings are open to the puhlic. Oregon /am, floes not
always require that the public be per initted to speak. The Ashland Planning Connn.ission generally
invites the publics to speak on agenda items and during pitblicfirunz on non -agenda iteins unless tilne
constraints linfitpublic testiniony. eta person has an absolute right to speak orparticipate in evety phase
of aproceeding. Please respect the order (afproceedingsjbrpublic hearings andstrictlyfibllow the
directions of the presiding officer, Behavior or actions which are unreasonably loud or disruptive are
disrespeqful, and inay constitute disorderly conduct, Ojfenders will he requested to leave the rooin.
Comments and statements by speakers do not represent the opinion of the City Council,
City Officers or employees or the City of Ashland.
Michael Sullivan
From: Dude <goodcodemonkey@gmall.com>
Sent: Sunday, September 11, 2022 11:20 PM
To: Planning Commission - Public Testimony
Subject: September 13 PC Clearing Testimony
Follow Up Flag: Follow up
Flag Status: Flagged
[EXTERNAL SENDER]
Lets get the proposed Tesla charging station built now!
Tesla sells 75% of all EVs sold in the USA as of March 2022 ( per Kelly Blue Book:
https://www.kbb.com/car-news/tesla-dominant-electric-car-competition/
). This means that the vast majority of currently sold EVs in the USA will be able to fast charge at this station.
Tesla is not being non-inclusive, as it is developing an adapter for
non -Tesla customers. Tesla is working on opening up it's Supercharger
network to non -Tesla vehicles late this year (2022).
(https://www.theverge.com/2022/7/7/23198696/tesla-supercharger-non-tesla-ev-us-white-house).
Even if it doesn't happen until mid 2023, at least the station will be there and waiting for the upgrade.
Why should we wait to build the station until the adapter for the other minority of EVs is available? How does this help
get more charging infrastructure into our community when the state government is already talking about following
California and banning the sale of new internal
combustion engine vehicles in the near future? These types of
infrastructure take significant amounts of time and money to get completed. Do we want to be late to the party or
ready for the transition? This unlikely to be the last charging station lot built in Ashland, as EVs will eventually be in the
majority.
Positives of this project:
1) The exit 14 location on Clover lane is very convenient for EVs driving on 1-5.
2) There are currently two very good restaurants and lodging within very close walking distance on Clover lane that
could be patronized by those waiting on a charging EV.
3) Development of this vacant lot also helps vitalize Ashland with another business that will offer a sought after amenity
to tourists as well as locals.
4) By having these EVs stop in Ashland, some of the tourists will visit the down town and other interesting tourist sites
here with the right advertising.
5) For those wanting to charge their EVs in the downtown area, there are already a 41 charging stations of level -2
capability, so this new Tesla station will just add to Ashland's charging variety and availability.
David Kaszuba
680 Spring Creek Drive (a stones throw from the proposed location)
Michael Sullivan
From: City of Ashland, Oregon <administration@ashland.or.us>
Sent: Friday, September 02, 2022 8:32 AM
To: planning
Subject: Planning Commission Contact Form Submitted
[EXTERNAL SENDER]
*** FORM FIELD DATA***
Full Name: Vicki Purslow
Phone: 5411941.3640
Email: purslowv@gmail.com
Subject: Tesla charger on Clover Lane
Message: As an owner of an electric vehicle, I fully support the addition of vehicle chargers and have to ask - why
Tesla? 21-lawk Winery is just up the road and already has Tesla charging stations. What this end of town needs is EV
stations for all vehicles other than Tesla. When I drive to Bend, I have to go out of my way to stop in downtown
Klamath Falls to charge up so I can get to Bend. I spend the 20 - 40 minutes dining at a local restaurant - I have no
other reason to go out of my way to K Falls. Charging stations strategically placed will be excellent for bring visitors. Is
the already packed Clover Lane the best location? I wonder if something more high profile in the plaza would be
better. More of our shops and restaurants will benefit and its is the best impression we can provide for visitors in our
town. If the Commission plans to do the greatest good for the expense, please reconsider the location. We will only
need more EV stations in the future! And, consider that there is already a Tesla station near by (near exit 24) - if
Clover Lane is a done deal, why not bring a station that covers Ford, BMW, Nissan and so on? If we really want these
stations to be used, we need stations that are on all the apps (the Ford App currently shows no stations in Ashland or
Medford or Central Point) and accommodate the greatest number of cars. Tesla drivers can go to 2Hawk. Instead, let's
bring more visitors to our beautiful downtown plaza and support more businesses by having chargers for muliple
vehicle manufacturers. Thanks for listening!
Attachment 1 file:
Attachment 2 file:
Attachment 3 file:
*** USER INFORMATION ***
SubscriberlD: -1
SubscriberUserName:
SubscriberEmail:
RemoteAddress: 66.241.70.76
Re mote Host: 66.241.70.76
RemoteUser:
MPF'i�' . Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CITY OF
611 ii,541-488-5305 Fw541-552-2050 www,asMand.orus TTY:1-800-735-2900 -ASHLAND
10
NOTICE OF PUBLIC HEARING
PLANNING ACTION: PA -APPEAL -2022-00016 (Appealing PA -T1-2022-00187)
SUBJECT PROPERTY: 580 Clover Ln
APPLICANT/OWNER: Tesla/ Asia Johnson
APPELLANT: S,tracker Solar/ Jeff Sharpe
DESCRIPTION: An appeal of the staff decision approving a request for a Conditional Use Permit and Site Design Review
approvals to allow for the installation of an asphalt -paved parking lot with approximately 24 electric vehicle (EV) charging
stalls on an undeveloped site. The project proposes to install associated electrical equipment (transformers, switchgears,
Tesla supercharger cabinets and surcharger posts), storm, drainage and water (for onsite irrigation only) utilities, and
landscaping. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1
ASSESSOR'S MAP: 391 E 14 AA; TAX LOT: 6801.
in
5 2
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Subject Property
5110 Clover L"
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PLANNING COMMISSION FIEARING: Tuesda)� Se),)Iember 13, 2022 at 7:00 p,m.
at the Ashland Civic Ce,,,nterlCify Council ("'harnbers, 1175 I -East Main Street
PLANNING COMMISSION HEARING
Notice is hereby given that the Ashland Planning Commission vvllI hold a pubfic hearing on the above described planning action
on the meeting date and time shown above, The meeting will be held at the Ashland Civic Center/Ashland City Council Chambers
at 1175 East Main Street in Ashland, Oregon. You can watch the meeting on local channel 9, on Charter Communications
channels 180 & 181, or you can stream the meeting via the internet by golng to rvtv.S0LJ,ed1u and selecting 'RVTV Prime.'
The ordinance criteria applicable to this planning action are attached to this notice. Oregon law states that failure to raise an
obieu�on concerning this application, orfailure ho provide sufficient opec�oUvtm afford the decision makers an opportunity to
respond tothe issue, prociudesyour right ofappeal tothe Land Use Board wfAppeals (LUBA)onthat issue, Failure tospecify
which ordinance criterion the obie�ionimbased qmalso precludes your right cfappeal hoLUBAonthat chbarion.Failure ofthe
applicant bnraise constitutional 'rother issues relating boproposed conditions ofapproval with sufficient epeolfioitytoallow this
Commission iorespond tothe issue precludes anaction for damages incircuit court.
AuopyVftheapp|icmtimn.inr|udinga|8doounnenta.emidemaeondmppUicab|ecriterimm*|imduponbytheappUoantisavaUeb|uon-
iof apphcation materialswill be provided at reasonable coat, if
eon -line ei d prior
Planning Commission hearing.'uested, A copy of the staff Alternative arrangements for reviewing the application can be nnade by contacting (541)488-
5805or ,
During the Public Hearing, the Planning Commission Chairperson will allow testimony from the app��cant and those in attendance
concerning this request. The Chair shall have the right to limit the length of testimony and require that comments be restricted
to the applicable criteria, Unless there is m onntinuenoe, if e participant so requests before the conclusion of the hearing the
record shall remain open for atleast seven days after the hearing.
Those wishing to submit written cornments can do so by sending an e-mail to LOQ.�p Dlic-tesLirnggy hland,0r,US with the
subject line "September 13 PC Hearing Testimony" by 10: 00 a. m, on Monday, September 12, 2022. If the applicant wishes to
provide a rebuttal to the testimony, they can submit the rebuttal via e-mail to PC-pg�b rn o n yL@
line "September 13 PC Hearing Testimony" by 10:00 a,m. on Tuesday, September 13, 2022. Written testimony received by
these deadlines will be available, for Planning Commissioners to review before the hearing and will be included in the meeting
minutes.
Oral testimony will also be taken via Zoom during the in-person public hearing. if you wish to provide oral testimony via Zoom
during the hearing, by 1000 a.m. on Monday, September 12. 2022 in
order hoprovide testimonyatthepub|inheahng.p|eeoeppowiUethefm||mwinginformation:1)mekethesubjaut|ineoftheemnal|
"September 13 Speaker Request', 2) include your name, 3) the agenda item on which you wish to speak on, 4) specify if you
will beparticipating bycomputer ortelephone, and 5)the name you will use if participating byComputer orthe telephone number
you will use ifparticipating bytelephone.
In compliance with the American with Disabilities Act, if you need special assistance to participate in this, meeting, please contact
the City Administrator's office et541-488-8O&2(TTY phone number 1-8QO-73S-29OO), Notification 73hours prior tothe meeting
will enable the City to make reasonable arrangements to ensure accessibility to the meeting.(2@CFR 85.1O2.-35,1Q4ADA Title
l). If you have questions or comments concerning this rnqumst, please feel free to contact Associate Planner Aaron Andereon,
the staff planner assigned tothis application, at541-552-2O4Oure-[noi|�
SITE DESIGN AND USE STANDARDS
18J5.2.05U
The following criteria shall boused toapprove mdeny mnapplication:
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 dimensinnn, density and floor area, lot coverage, building height, building orientation, amhiteduoa, 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 bysubsection E.below.
D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacityvfCity 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 Me Site Development and Dee@m Standards: The approval authority may approve exceptions to the Site Development and Design
Standards ofpart 184ifthe circumstances ineither subsection 1nr2,below, are found toexist,
1. There is a demonstrable difficulty meeting the specific requirements of the Site Developmentand Design Standards due toaunique, orunusual 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 ofthe exception iaconsistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum
which would alleviate the diffiou|ty.;or
2. There is no demonstrable, difficulty in meeting the specific requirements but granting the exception will result in a design that equally or better achieves
the stated purpose ofthe Site Development and Design Standards.
A Conditional Use Permit shall be granted if the approval authority finds that the application meets all ufthe following criteria, mcan bemade b)conform through
the imposition of conditions.
1That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and i,n
conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program.
2. That adequate capacity ufCity facilities for water, sewer, electricity, urban storm dralriage, paved access to and throughout the development,
and adequate transportation can and will beprovided tothe Subject property,
3. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development
of the subject lot with the target use of the zone, pursuant with subsection 18.5.4.050.A.5, below. When evaluating the effect nftile proposed
use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone.
a. Simflahtyinscale, bulk, and coverage.
b. Generation of traffic and effects oil surrounding street& Increases in pedestrian, bicycle, and mass transit use are considered beneficial
regardless ofcapacity o[facilities.
C. Architectural compatibility with the impact area,
d. Air quality, including the generation of dust, odors, or other environmental pollutants.
e. Generation ofnnioe.light, and glare,
t The development of adjacent properties as envis,ioned in the Comprehensive Plan.
91 Other factors found' to be relevant by the approval authority for review of the proposed use,
A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance.
For the! purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses
ofeach zone are uyfollows.
a. WRand RR,, Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18,2.5
Standards for Residential Zones.
b. F-1. Residential use complying with all ordinance requirements, developed atthe density permitted bychapter 182.5 Standards
for Residential Zones,
C, H-2 and R-3. Residential use complying with all ordinance requirements, developed atthe density permitted by chapter 18.2.5
Standards for Residential Zones.
d, G-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 035
floor to area ratio, complylng with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50
floor huarea ratio, complying with all ordinance requirements,
e. C -1-D. The, general retail *nmmem|m| uses listed in chapter 1822 Base Zones and Allowed Uses, developed *don intensity of
1.8Ogross floor toarea ratio, complying with all ordinance requirements.
t E-1. The general office uses listed in chapter 1822 Base Zones and Allowed Uses, developed at all intensity of 0.35 floor to area
ratio, complylng 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.
9. W]^1. The gonom| light industrial uooy listed in chapter 18.2.2 Base Zones and Allowed Uoea, complying with all ordinance
requirements.
h� CM -Cl,. The general light industrial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.50 gross floor
toarea ratio, complying with all ordinance requirements.
i CM'OEand CM -MU. The general office uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross
floor toarea, complying with all ordinance requirements.
k CM-NC.The retail commercial uses listed inchapter 1&3.2CmmanMill District, developed atmnimtennityo[O8Ogross floor to
area ratio, complying with all ordinance requirements.
L HC, NM, and SOU. The permitted uses listed in chapters 18.3.3 Health Care Services, 18.3.5 North Mountain Neighborhood, and
18.3.6 Southern Oregon University District, respectively, complying with all ordinance requirements.
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 August 30, 2022, 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 -APPEAL -
2022 -00016, 580 Clover Lane.
MichaeCSuffiva
Signature of Employee
Wcomm-dev)p€anninglP€anning AdonsTAs by RreeKICioverl0lover_580_585_annexkUover_580_PAJI-2022-00187ACIover_580_APPEAL-2022-000161NoficinglCiaver-580—PA-APPEAL-2022-
00016_NOC_Af€idaA of MaNng.donx 813012022
ALYY�ERY 5160
PA -T1-2022-00187
ANDREW DELIA
1000 SECOND AVE, SUITE 3900
SEATTLE, WA 98101
PA -T1-2022-00187 391E14AA6003
AUSTIN JULIE
11301 W OLYMPIC BLVD 503
LOS ANGELES, CA 90064
PA -T1-2022-00187 391E14AA6900
CALDERA BREWERY
590 CLOVER LN
ASHLAND, OR 97520
PA -T1-2022-00187 391 E14AA6700
CLOVER LANE LLC
1120 PROSPECT ST
ASHLAND, OR 97520
PA -T1-2022-00187
IAN G. GILLESPIE
1389 MILL POND RD
ASHLAND, OR 97520
PA -T1-2022-00187 391 E14AA6001
JONES JEREMIAH ET AL
921 PINECREST TER
ASHLAND, OR 97520
PA -T1-2022-00187 391 E14AA6002
MOORE DYLAN ROBERT ET AL
671 SPRING CREEK DR
ASHLAND, OR 97520
PA -T1-2022-00187 391 E14AA6800
REDBAND HOLDINGS LLC
182 SCENIC DR
ASHLAND, OR 97520
PA -T1-2022-00187 391E14AA6400 PA -T1-2022-00187 391E14AA6300
ASHLAND EMERGENCY FOOD BANK ASHLAND LODGE NO 23 AF/AM
PO BOX 3578 570 CLOVER LN
ASHLAND, OR 97520 ASHLAND, OR 97520
PA -T1-2022-00187
BRIAN SLIGER
3500 DEER CREEK DR
PALO ALTO CA 94304
PA -T1-2022-00187
CHRIS HEDLUND
1000 SECOND AVE, SUITE 3900
SEATTLE, WA 98104
PA -T1-2022-00187
DENISE DENEAUX
645 A ST
ASHLAND, OR 97520
PA -T1-2022-00187
JIM WESTRICK
607 FOREST ST
ASHLAND, OR 97520
PA -T1-2022-00187
KAREN RASMUSSEN
1530 N. MOUNTAIN AVE
ASHLAND, OR 97520
PA -T1-2022-00187 391 E 14AA6900
CALDERA BREWERY JAMES MILLS
PO BOX 3196
ASHLAND, OR 97520
PA -T1-2022-00187
CHRISTOPHER HEPLER
4582 SOUTH ULSTER ST, SUITE 1500
DENVER, CO 80237
PA -T1-2022-00187
HAYWOOD NORTON
527 SUTTON PL
ASHLAND, OR 97520
'PA -Tl -2022-00187 391E14AA6801
JOHNSON ASIA
690 SPRING CREEK DR
ASHLAND, OR 97520
PA -T1-2022-00187 391 El4AA6900
MAURUURU PROPERTIES LLC
590 CLOVER LN
ASHLAND, OR 97520
PA -T1-2022-00187 391E14AA6024 PA -T1-2022-00187 391E14AA7000
OAKS OF ASHLAND HOMEOWNERS AS OUTDOOR MEDIA DIMENSIONS INC
5313 HIGHWAY 66 2626 WYATT DR
ASHLAND, OR 97520 MEDFORD, OR 97501
PA -T1-2022-00187
RICHARD & JOYCE STANLEY
44 SCENIC DR
ASHLAND, OR 97520
PA -T1-2022-00187
RICHARD SIMONDS
443 CLINTON ST
ASHLAND, OR 97520
PA -T1-2022-00187 391 E14AA6101 PA -T1-2022-00187 391 E14AA4500 580 CLOVER LANE
SCHOENFELD JILL R & KASZUBA D WRIGHT DAVID A/DANIELS DOROTH 08/30/22 NOC
680 SPRING CREEK DR 2646 TUSCANY CT 26
ASHLAND, OR 97520 LIVERMORE, CA 94550
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Aaron Anderson
From: Tammy Enriquez <tenriquez@strackersolar.com>
Sent: Monday, August 22, 2022 12:59 PM
To: planning
Cc: April Lucas; Jeff Sharpe; Denise Deneaux
Subject: Notice of Land Use Appeal — Type I Ashland Municipal Code § 18.5.1.050.G.
Attachments: Appeal Form_Typel_2015_.pdf
[EXTERNAL SENDER]
To Whom It May Concern:
Attached is our completed Appeal Form.
We will look forward to receiving your phone call, at 541-631-1275, to complete payment of the fee.
Thank you,
Tammy L. Enriquez
Tammy Enriquez, Office Manager
STRACKER SOLAR
541.631.1275
strackersolar.corn
Notice of Land Use Appeal — Type I
Ashland Municipal Code § 18.5.1.050.G.
A. Name(s) of Person Filing Appeal:
B. Address(es):
.teff Sharpe
645A Street, Ashland, Oregon 97520
2. and fabrication business address at
789 E Jefferson Ave, Ashland, OR 97520
Attach additional pages of names and addresses if other persons are joining the appeal.
C. Decision Being Appealed
Date of Decision:
Planning Action #:
Title of planning action:
8/10/2022
PA -T1-2022-00187
Tesla/Asia Johnson 580 Clover Lane
D. How Person(s) Filing Appeal Qualifies as a Party
(For each person listed above in Box A, check the appropriate box below.)
The person named in
t)l am the applicant.
Box A.1. above
E31 received notice of the planning action.
qualifies as a party
DI was entitled to receive notice of the action but did not receive
because:
notice due to error.
The person named in
C)I am the applicant.
Box A.2. above
0 l received notice of the planning action.
qualifies as a party
0 was entitled to receive notice of the action but did not receive
because:
notice due to error.
Attach additional pages if others have joined in the appeal and describe how each qualifies as
a party.
B. Specific Grounds for Appeal
1. The first specific ground for which the decision should be reversed or modified is (attach
additional pages if necessary):
We urge the city to look at decisions made today that will affect future electrical projects. See attached
This is an error because the applicable criteria or procedure in the Ashland Municipal Code
§ or other law in § requires that
attach additional pages if necessary):
2. The second specific ground for which the decision should be reversed or modified is (attach
additional pages if necessary):
Clover Lane is a crowded street and not at all an ideal location to send more traffic. See attached
This is an error because the applicable criteria or procedure in the Ashland Municipal Code
§ or other law in § requires that
(attach additional pages if necessary):
3. The third specific ground for which the decision should be reversed or modified is (attach
additional pages if necessary):
This is a Tesla only charging station that only benefits Tesla and none of our local car dealerships. See attached.
This is an error because the applicable criteria or procedure in the Ashland Municipal Code
§ or other law in § requires that
(attach additional pages if necessary):
4. (On attached pages, list other grounds, in a manner similar to the above, that exist. For
each ground list the applicable criteria or procedures in the Ashland Municipal Code or other
law that were violated.)
Appeal Fee
With this notice of appeal I(we) submit the sum of $150.00 which is the appeal fee required
by § 18,5.,1.050 of the Ashland Municipal Code.
Date: 8/22/2022
Signature(s) of person(s) filing appeal (attach additional pages if necessary):
'lis completed Notice of Land Use Appeal together with the appeal fee must be filed
with the Community Development Department, Attn: Planning Commission Secretary, 20 E
Main St, Ashland, OR 97520, telephone 541-488-5305, prior to the effective date of the
decision sought to be reviewed. Effective dates of decisions are set forth in Ashland MUnicipal
Code Section 18.5.1.050,
First Specific Ground -
In the FINDINGS & ORDERS document, under DECISION Conditional Use Permit, item 2) states "That adequate capacity
of city facilities exists". We believe this statement applies only to this one project, and that no analysis or planning has
been performed about the impacts of this facility an the other future electrical projects that are, or will be, proposed on
the Ashland Electric Distribution branch circuit Hwy 66 5R70 (map attached).
The proposed project will use a significant portion of that branch circuit's capacity (currently 520Amps @7,20OV) and
could limit the opportunities for future electric draws for projects like EV charging facilities, retrofitting existing
businesses' heating from gas to electric etc.
I argue that this approval is premature as its true impact on future city priorities has not been addressed. The City has
not explored, or been able to make informed decisions about, the best use of our critical city -owned electrical
infrastructure served by this branch circuit. Businesses served by this circuit include the Ashland Hills, Best Western and
Holiday inn hotels, the Bi-Mart/ShopNKart and Albertsons business complexes, all of this freeway -exit's gas stations,
hotels and restaurants, the YMCA, the Washington and Jefferson St businesses including our shop in Oak Steet Tank and
Steel at 789 Jefferson Ave.
We believe it in the best interest of the city to not approve such a high electric -load facility without at least exploring the
future constraints that might be put on the existing local businesses due to branch -circuit capacity. Please keep in mind
this is an extremely energy --intensive charging facility that will be a liability the city electric infrastructure for many years
to come.
Second Specific Ground -
Clover Lane is a crowded street and already proving a most difficult truck turn -around. This is certainly not an ideal
location to send more traffic, especially once electric trucks hit the mix. The city should consider more accessible
locations off 15 for drive-through and turn around traffic for such a facility. We are not aware of an appropriate traffic -
impact analysis, or any consideration of the Tesla semi -trucks currently in R&D.
Third Specific Ground
This facility is being design as a Tesla -only charging station. It will benefit only Tesla and none of our local car dealerships
who are expanding their EV offerings nor their clients. Also the facility will be of no value to the City and its growing fleet
of electric vehicles (none of which are Tesla to my knowledge).
Again, we urge the planning department and the city to look ahead and plan for the future. To be clear, we do not
oppose EV charging stations but are pressing the city to do the research and make wise planning decisions with regards
to our city -owned electric infrastructure.
See below attached electrical distribution map for site
Thank you- Jeff Sharpe
Jeff Sharpe Notice of Land Use Appeal- Type 1, 580 Clover Lane, Submitted 8/22/22
0