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HomeMy WebLinkAboutAshland_2366_PA-T1-2022-00182July 7, 2022 Notice of Final Decision On July 7, 2022, the Community Development Director approved the request for the following: Planning Action: - PA -T1-2022-00 1 82 S u bj ect Property: 2366 Ashland Street Applicant: Rogue Planning & Development Owner: SJDM INC Description: A request for land use approval for a Conditional Use Permit (CtJP) to authorize a food truck court on the north side of the property located at 2366 Ashland St. The proposal also requests Site Design Review to approve a small structure on the rear of the existing building and a covered bicycle parking structure to the southeast of the building, The application includes a landscaping plan and proposes parking area improvernents. compiumENSIVE PLAN DESIGNATION: Commercial; ZONING: C- I - MAP: 39 1> 14 AB; TAX LOT: 500 The Community Development Director's decision becomes final and is effective on the 12"' day after the Notice of Final Decision is mailed. Approval is valid for a period of 18 rnoriths and all conditions of approval identified on the attached Findings are required to be met prior to project completion, The application, all associated docurnents and evidence submitted, and the applicable criteria are available for review at the Ashland Confirnunity Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO 1 8.5. 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. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tat 541A88-5305 51 Winbum Way Fax: 541-552-2050 AsMand, Oregon 97520 TTY: 800-735-2900 PWI.6' wN Nv.aShk111d,or.tN tv SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice) E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision. F, Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below. 1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual el -1-01- Occurred through no fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision. Reconsideration requests are limited to, factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor• an opportunity to respond to the issue prior to making a decision. 2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the plant)ing action. 4, If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, Pursuant to the following: 1. Who May Appeal. The following persons have standing to appeal a Type I decision. a. The applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision Pursuant to Subsection 18.5. 1 .050R 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. Nolice qj'Appeal. Any person with standing to appeal, as provided in subsection 18,5.1.050.6.1, above:, may appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection, The fee required in this section shall not apply to appeals made by neighborhood or community organizations, recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. b. Time for" Filing. A notice of appeal shall be riled with the Staff Advisor within 12 days of the date the notice of decision is mailed. c. Content ofiYotice qj'.1Ij)j)ea1. The notice of appeal shall be accompanied by the required filing fee and shall contain. i. An identification of the decision being appealed, including the date of the decision. ii. A statement demonstrating the person filing the, notice of appeal has standing to appeal. iii. A statement explaining the specific issues being raised on appeal. iv. A statement demonstrating that the appeal issues were raised during the public, comment period. d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a .jurisdictional defect and will not be heard or considered. 3. Scope of Appeal. Appeal hearings onType I decisions made by the Staff Advisor shall be de novo hearings before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading tip to the Type I decision, but may include other relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argUrnCut concerning any relevant ordinance provision. 4. Appeal Hearing Procedure. I learings on 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 the Planning Commission is the final decision of the City oil an appeal of a Type I decision. A decision on an appeal is final the date the City mails the adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860, COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-905 51 Winburn Way Fax 541-552-205O Ashland, Oregon 97520 TTY: 800-735-2900 pr,,evzi ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA -T1-2022-00182 SUBJECT PROPERTY: 2366 Ashland Street APPLICANT: Rogue Planning & Development OWNER: SJDM iNC DESCRIPTION: A request for land use approval for a Conditional Use Permit (CUP) to authorize a food truck court on the north side of the property located at 2366 Ashland St. The proposal also requests Site Design Review to approve a small structure on the rear of the existing building and a covered bicycle parking structure to the southeast of the building. The application includes a landscaping plan and proposes parking area improvements. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; MAP: 39 1 14 AB; TAX LOT: 500 SUBMITTAL DATE: April 14, 2021 DEEMED COMPLETE DATE: June 3, 2022 STAFF APPROVAL DATE: July 7, 2022 DEADLINE TO APPEAL (4:30 p.m.): July 19, 2022 FINAL DECISION DATE: July 20, 2022 APPROVAL EXPIRATION DATE: January 20, 2024 DECISION The proposal is a request for a Commercial Site Design Review and Conditional Use Permit to approve the operation of a two food trucks on a property with an existing approved marijuana dispensary at 2366 Ashland Street (see PA -T1-2021-00139). New to the site with this proposal is a proposed ADA bathroom located at the rear of the structure and a proposed shelter for bike parking. The property is located along the south side of Ashland Street just cast of Washington St. The subject property and surrounding area 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 rectangular, with a 200 -foot frontage along Ashland St. and a depth of approximately 130 feet. The property is currently developed with a 1,900 square foot commercial building that previously was a gas station and is being remodeled to be opened as a marijuana dispensary. The proposal includes considerable site improvements some of which is already underway associated with preparations for the opening of the dispensary. The proposed use, Food Trucks, are a conditionally permitted use. As mentioned above the existing building is an approved, but as yet not open, marijuana dispensary. The application materials state that "Food truck courts provide a unique drinking and dining experience with covered seating to provide a new, innovative space 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 long dormant street front PA -Tl -2022-00182 2366 Ashland St/aa Page 1 and draw additional foot traffic to Ashland Street. 'rhe associated site review provides an exterior restroom and storage facility behind the primary structure and a bicycle parking structure." The addition is behind the main structure and can not be seen from the Right of way. Contlitional (Ise Permit The Land Use Ordinance allows for temporary uses to be approved through with a Conditional Use Permit (CUP). The code defines a 'temporary use' as "A short-term, seasonal., reoccurring, or intermittent use." Staff finds that the proposed food truck is a temporary use, and compatible with the zoning and surrounding uses. The property is Currently served by adequate City facilities for water, sewer, storm drainage, electricity, sidewalks and streets. In addition to the concerns regarding city facilities the primary approval criteria is that the proposed use has "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" The target use of the zone is general retail commercial uses developed at an intensity of 0.50 floor to area ratio. The property is 0.67 acres so the target use would be a commercial development of 14,5)2 square feet. It is expected that the food trucks will have A -frame style menu board, which will be required to not encroach on the public sidewalk and must be within ten feet of the ordering window for the food truck. In staff7s assessment the proposed use of the food trucks will have minimal additional impact to the site. The project Traffic engineer explains that: "The proposal to add two food vendors (Food Cart Pod per ITE, land use code 926) will generate 0 AM and 12 PM additional trips to the site. Added to the 20 AM and 36 PM dispensary trips, the proposed two food vendors and the primary use change generates fewer than 50 newly generated vehicle trips during the AM and PM peak, hours of Ashland Street and is below the trip generation thresholds that necessitate aTIA." Public Coniment In accordance with the Land Use: Ordinance public notice was mailed to all surrounding properties within 200' of the SUjest 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, A. Underlying Zone. The proposal complies with all of the applicable provisions of the underlying zone (part 1,8�.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). PA -T1 -2022-00 182 2366 Ashland St/aa Page 2 C. Site Development and Design Standards. The proposal complies with the applicable Site Development and Design Standards of part 18A., except as provided by subsection E, below. D. City Facilities. The proposal complies with the applicable standards in section 18.4.6 Public Facilities, and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property, and adequate transportation can and will be provided to the subject property. E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18,.4 if the circumstances, in either subsection 1, 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 'I 8,2.1090. The criteria for Conditional Use Permit are described in AMC Chapter 18.5.4.050 as follows: 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. 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 18,5,4.050,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 Plan. g. Other factors found to be relevant by the approval authority for review of the PA -T1-2022-00 1 82 2366 Ashland St/aa Page 3 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. d. C-1. The general retail commercial 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 ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. Conclusion In staff's assessi-nent, the application with the attached conditions complies with applicable ordinances and rneets all required criteria. Planning Action `T1-2.022-00182 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 4T1-2022-00182 is denied. Tile 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 each food truck's menu board be within ten feet of the ordering window and not encroach on any public right of way, 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 18.4.4.03.1 as is required far commercial developments. 4) That all proposed signage be applied for through a separate ministerial permit 5) 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. cl. That any required improvements as determined by ODOT have been installed e. 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. ... ....... July 7, 2022, Bill Molnar, Connnunitv Develoj)inent Director Date Department of Community Development PA -11-2022-00182 2366 Ashland St/aa Page 4 AFFIDAVIT OF MAILING STATE OF OREGON J 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 717122 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 -T1-2022-00182, 2366 Ashland. AL%chae C-Suffivan Signature of Employee G4comm-de4lanningTianning Acbansfts by StreekWAshland StreeMsh€ands[reet_236Mshland_2366_PA-Ti-2022 00182 -CUP foodtruckftficingN0MAshtand_2366_PA-T1-2022-00182_NCq_Affidavit of Mailing.dou 71712022 AVERY 5160 ' Easy Peel Address Labels; Go to avery.com/templates � U'cnd ,3€ong ii3�e Cb expose Pnp up Edge � Use Fw�=ry i�u���plr3lc 5 ii ��7 � PA -T1-2022-00182 391 E14AB300 BP PRODUCTS NORTH AMERICA INC 150 W WARRENVILLE RD NAPERVILLE, IL 60563 PA -T1-2022-00182 391 E14AB800 JACOBSON MARTIN S/FRIED YVONN 1320 PROSPECT ST ASHLAND, OR 97520 PA -T1-2022-00182 391 E14BAl00 OPTIONS FOR HOMELESS RESIDENT PO BOX 1133 ASHLAND, OR 97520 PA -T1-2022-00182 391 E14AB1700 REED STEVE R/JEAN M 3728 MANZANITA HEIGHTS DR MEDFORD , OR 97504 PA -T1-2022-00182 391E14AB500 SJDM INC 355 INDUSTRIAL CIR D WHITE CITY, OR 97503 PA -T1-2022-00182 391 E14AB600 WASHINGTON PROFESSIONAL PLAZA 574 WASHINGTON ST ASHLAND, OR 97520 PA -T1-2022-00182 391 E14AB400 BP PRODUCTS NORTH AMERICA INC 2380 ASHLAND ST ASHLAND, OR 97520 PA -T1-2022-00182 391 E14AB700 KAIZEN BARRY M TRUSTEE ET AL CIO DAVID LAYER 209 SANDPINES DR EAGLE POINT, OR 97524 PA -T1-2022-00182 391E11CD400 PAYLESS DRUG STORES NW INC RITE AID CORP #5385 PO BOX 3165 HARRISBURG, PA 17105 PA -T1-2022-00182 391 E11 D1203 RICKERT PROPERTIES LLC RICKERT DENNIS M MANAGER 8180 SW CONNEMARA TER BEAVERTON, OR 97008 PA -T1-2022-00182 391E11D1202 SOS FAMILY LLC 1301 ESPLANADE AVE KLAMATH FALLS, OR 97601 PA -T1-2022-00182 391 E14AB1800 WEIGAND JOSEPHINE A TRUSTEE E 4295 SW BEN HOGAN DR REDMOND, OR 97756 PA -T1-2022-00182 391E14AB200 CULLEN BECK PROPERTIES LLC BRANDT CULLEN 574 WASHINGTON ST ASHLAND, OR 97520 PA -T1-2022-00182 391E14AB1900 LAYER DAVID R TRUSTEE ET AL 209 SANDPINES DR EAGLE POINT, OR 97524 PA -T1-2022-00182 391 E11 D1201 PRITI LAD LLC 2359 ASHLAND ST ASHLAND, OR 97520 PA -T1-2022-00182 ROGUE PLANNING & DEVELOPMENT 1314-B CENTER DR., PMB 457 MEDFORD, OR 97501 PA -T1-2022-00182 STEVE ASHER 1068 ELKADER ST ASHLAND, OR 97520 2366 Ashland St 07/07/22 NOD 17 Allez a avery.ca/gabarits U€ilisez le Gaharit Avery 5160 i Li my SpA Al CO Planning Department, 51 WinbL,,, My, Ashland, Oregon 97520 I T Y �F 1 P 541-488-5305 Fax: 541-552-2050 www.ashland.ouls TTY: 1-800-735-2900 -ASHLAND kv roi:tol 3-13:11 r1wil 1 rel .1 PLANNING ACTION: PA -T1-2022-00182 SUBJECT PROPERTY: 2366 Ashland Street OWN ERIAPPLI CANT: Rogue Planning & Development for SJDM LLC DESCRIPTION: A request for land use approval for a Conditional Use Permit (CUP) to authorize a food truck court on the north side of the property located at 2366 Ashland St. The proposal also requests Site Design Review to approve a small structure on the rear of the existing building and a covered bicycle parking structure to the southeast of the building. The application includes a landscaping plan and proposes parking area improvements. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; MAP: 391 E 14 AS; AX LOT: 500, isluNmat". 11an Rim . .. ....... . �A 2 23 45-' 4 01 101 177-30 Lp 345 101 A -10- U236 .A 2320 2350 2366 2380 502 -70). 598 po N 510 582 lel ........ . . 1:923 induquageet M.Aumgis —'fyefac—ry CITY OF 75 375 0 75 16D 225 300 ASHLAND 0 25 50 100 1q0 200 Fee! Feet 1:923 . . ........ ..... . . . OVER :\coiiim-dev�p�annin.-�PIERT]ing ActionsTAs by StreeM�AsNand Streel\AshNndSirea W 2366\Aand 2366_PA-I'l-2022-00182�Nolicin.-�Astiland 2366 PA -TI -2022-00192 NOC ducN C�C; The Ashland Planning Division Staff has received a, complete application for the property noted on Page 1 of this notice. Because of the COV0-1 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 olannina(d)ashland.ior.us. A copy of the application, including all documents, evidence and applicable criteria are available online at "What's Happening in my City:':' at,httos:,// is.ashland.or,us/dgy�eo �mentpr�salsl, 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 Building, 51 Winburn Way, via a pre -arranged appointment by calling (541) 488-5305 or emailing R[gnning. asNand.or.US. Any affected property owner or resident has a right to submit written comments toplaD oashland.orgs or to the City of njDg�@_ Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m, on the deadline date shown on Page 1. 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 18.5.1.050.0) 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 #541-552-2052 or Aaron'r.Anderson@ashland.or.us SITE DESIGN AND USE STANDARDS 18.5.1050 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 183). C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Desagn Standards of part 18.4, except as provided by subsection E, below. D, City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. E. Exception to the Site Development and Design Standards� The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either Subsection 1 or 2, below, are found to exist. 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.; oir There is no demonstrable difficulty in rneeting 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. etcorrutm-6'ewSpl�n��yrGirglW'leae35 n}3 AcfionsTAs by Sfreet\MAshland S1rm6Aqh1andWeet 236MAshland-23,60 T'A-T I -2022-00182\Noticin.-\Asht�,�d_236(,-I,A-']'➢-2022-00182_NOC.docx CONDITIONAL USE PERMITS (See https:llashl�,' ' rnunici al.codeslLandUsel18.5.4.050 A Conditional Use Permit shall be granted if the apt. al authority finds that the application meets all of tht owing criteria, or can be made to conform through the imposition of conditions. 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. 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. 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 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 Plan. 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. a. WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones, b. R-1. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 1825 Standards for Residential Zones. C, R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. d. C-1. The general retail commercial 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 ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. e. C-1-1). The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 1,00 gross floor to area ratio, complying with all ordinance requirements. 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 ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. g. M-1. The general light industrial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, complying with all ordinance requirements. h. CM -C1. The general light industrial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.50 gross floor to area ratio, complying with all ordinance requirements. i. CM -OE and CM -MU. The general office uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area, complying with all ordinance requirements. k, CM -NC. The retail commercial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0,60 gross floor to area ratio, complying with all ordinance requirements. i. 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. G:Icomm-dev\planning\Planning Action3TAs by StreetWAshtand Street\Ashland5treet_23661Ashland_2366_ PA-TI-2022-001821Noticing\Ashland_2366_PA-TI-2022-00182_NOC doex 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 6/9/221 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 -T1-2022-00182, 2366 Ashland. gac" Signature of Employee ©ocumen@ 61912022 PA -T1-2022-00182 391E14AB300 BP PRODUCTS NORTH AMERICA INC 150 W WARRENVILLE RD NAPERVILLE, 1L 60563 PA -T1-2022-00182 391E14AB800 JACOBSON MARTIN SIFRIED YVONN 1320 PROSPECT ST ASHLAND, OR 97520 PA -T1-2022-00182 391E14BA100 OPTIONS FOR HOMELESS RESIDENT PO BOX 1133 ASHLAND, OR 97520 PA -T1-2022-00182 391E14AB1700 REED STEVE RIJEAN M 3728 MANZANITA HEIGHTS DR MEDFORD , OR 97504 PA -T1-2022-00182 391 E11 D1202 SOS FAMILY LLC 1301 ESPLANADE AVE KLAMATH FALLS, OR 97601 PA -T1-2022-00182 ROGUE PLANNING & DEVELOPMENT 1314-B CENTER DR., PMB 457 MEDFORD, OR 97501 i PA -T1-2022-00182 391E14AB400 BP PRODUCTS NORTH AMERICA INC 2380 ASHLAND ST ASHLAND, OR 97520 PA -T1-2022-00182 391 E14AB700 KAIZEN BARRY M TRUSTEE ET AL CIO DAVID LAYER 209 SANDPINES DR EAGLE POINT, OR 97524 PA -T1-2022-00182 391E11CD400 PAYLESS DRUG STORES NW INC RITE AID CORP #5385 PO BOX 3165 HARRISBURG, PA 17105 PA -T1-2022-00182 391E11D1203 RICKERT PROPERTIES LLC RICKERT DENNIS M MANAGER 8180 SW CONNEMARA TER BEAVERTON, OR 97008 PA -T1-2022-00182 391 E14AB600 WASHINGTON PROFESSIONAL PLAZA 574 WASHINGTON ST ASHLAND, OR 97520 PA -T1-2022-00182 STEVE ASHER 1068 ELKADER ST ASHLAND, OR 97520 PA -T1-2022-00182 391 E14AB200 CULLEN BECK PROPERTIES LLC BRANDT CULLEN 574 WASHINGTON ST ASHLAND, OR 97520 PA -Tl -2022-00182 391 E 14AB 1900 LAYER DAVID R TRUSTEE ET AL 209 SANDPINES DR EAGLE POINT, OR 97524 PA -T1-2022-00182 391 E11 D1201 PRITI LAD LLC 510 N MAIN ST PHOENIX, OR 97535 PA -T1-2022-00182 391 E14AB500 SJDM INC 355 INDUSTRIAL CIR D WHITE CITY, OR 97503 PA -T1-2022-00182 391 E14AB1800 WEIGAND JOSEPHINE A TRUSTEE E 4295 SW BEN HOGAN DR REDMOND, OR 97756 2366 ASHLAND ST NOC 619122 17 I gol lll� A VV, v OW, P 's a (00 Poo", "Ful Pr, go 01P "o aflylll A, 0, K10 A ,41 IFIll -A IMP, 1A OPP A600 ffipoy . . . . . . . . . . . 1115 � W P opI Injift Planning Division Of >f 51 winburn Way, Ashland OR 97524 CITY O AS H iI D 541-488-5305 Fax 541-488-6006 ZONING PERMIT APPLICATION FILE# PA -'I'1-2022-00182 DESCRIPTION OF PROJECT Sita ❑esian._RtzvipW for a small structure to rear of commercial building and bike structure DESCRIPTION OF PROPERTYConditional Use Permit for food truck court pursuing LEER@ Certification? 0 YES la NO Street Address 2366 Ashland Street Assessor's Map No. 391 E 14AB Taz Lots) Zoning C-1 Comp Plan Resignation Commercial APPLICANT Rogue Planning & Development Services, LLC one 541.951-4020 E -Mall amygunter.planning@gmaii.com Name PP Address 1314-B Center Dr., PMB 457 City Medford ,Zip 97501 PROPERTY OWNER Name SJDM INC Phone 805-300-3650 E -Mail sannyde nriagyahao.comn . isrealCpharmersmarkemr_com Address 155 Indi mtrial rirnlp D City White City Zip 9.7503 SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title Contractor Name Steve Asher Phone 541-210-3027 E -Mail asherhornes@gmail.com Address 1068 Elkader Street Title Name Address Phone City Ashland Zip 87522 city E -Mail Zip I hereby certify that the sfatements and information contained in this application, including the anclosed drawings and the: required findings of fact, are in all respects, true and correct. I understand that all property pins must be: shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be Incorrect the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I produced.sulircient factual evidence at hearing to support this request 2) that the findings of fact furnished justit'es the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are proped}y 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 mifance thereon being required to be removed at my expense. If I have any doubts; I am advised to seek competent professional advice and assistance. t�rZi 4/1/2022 Applicant's Signature Date As owner of the property invoived in t "Vest f have read and understood the complete application and its consequences to me as a property owner. Property Owner's Sign4)re (required) IT0l,0-"kWbYaLysbR Date Received Zoning Permit 4/1/2022 Date Filing Fee $ OVER N Wwmm-deixplaningTom & Handau1s%Zoning Penntt Applica6on.doc �� Planning Division 51 Winburn Way, Ashland, OR 97520 rm 541-488-5305 Street Address: Z 3 Co s.j., S4:; Commercial Site R view Valuation Estimate Description of Project: .i ccvt—e.(, 1fe S c4-ctr-C, .? CC, 54- 49r,:S Applicant: Property Owner: o n v,- r CA, Valuation Estimate Prepared by: D S �// — 3 — S3 Estimator Email: Estimator Phone: - DESCRIPTION: VALUATION: Excavation & Earthwork $ 7S Ott r Landscaping $ Parking Area(s) & Driveways $ Sidewalks/Patios/Walkways $ New Construction -- Materials & Labor Total* $-7 ,t cv p TOTAL PROJECT VALUATION: $ (�y S00 *Building pennit valuations shall be based upon the Uniform l=ee methodologies as established by OAR 918-050-01 M Request for Site Design Review for new 188 SF detached bathroom/storage Conditional Use Permit to allow for food trucks Subject Property Address: 2366 Ashland Street Map & Tax Lot: 39 1E 14AB; Tax Lot 500 Comprehensive Plan Designation: Commercial Zoning: C-1 Overlay Zones: Property Owner: Freeway Sign Overlay Zone Detail Site Review Overlay Zone 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: Asher Homes PO BOX 3459 Ashland, OR 97520 Proposal: The request is for a Site Design Review to construct a small bathroom and storage closest building directly behind the exiting building. The site review is also for the detached, covered bicycle parking structure to the southeast of the building near the parking area on the north side of the structure and as close to the building as the automobile parking spaces. The proposal also includes a Conditional Use Permit (CUP) request to allow for the use of food trucks at the property. The proposed food truck area has two vendor space areas. The site plan shows area of 35 -foot by 26 -foot providing room for a 10 -foot separation between trucks. Food trucks come in a variety of sizes, an area that provides a 'standard' space based on discussions with local food truck owners and operators. Each food truck vendor will be required 2366 Ashland Street Site Review & Conditional Use Permit April 11, 2022 Page 1 of 16 to have a city of Ashland business license and registration for food and beverage tax collection. 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. As shown on the proposed landscape and engineering plans, the previous fuel island and drive aisles are effectively closed with the improvements. The parking spaces for the primary use of the building are to the north and south of the structure. These parking spaces are asphalt and have parking lot shade trees adjacent. A permeable surface parking area for the food trucks is proposed along the south property line. This parking area provides for eight spaces. Along the property boundaries where the proposed permeable surface parking area is located adjacent to the property lines, a five-foot landscape buffer is proposed. The trash/refuse area is along the west property line and is screened from view behind the fencing. The limiting factors to food truck use are retention of parking area for the primary business, adequate parking area for food truck customers, and traffic impact limitations. Building and Fire codes include their own regulations for food truck operations which will be met be both the site operator but the individual vendor. Two food trucks generate less than 13 peak hour vehicle trips. When included with the dispensary which generates fewer than 36 trips, the total trip generation is below the thresholds for traffic impact analysis. Food truck courts provide a unique drinking and dining experience with covered seating to provide a new, innovative space 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 long dormant street front and draw additional foot traffic to Ashland Street. The associated site review provides an exterior restroom and storage facility behind the primary structure and a bicycle parking structure. The existing building 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 April 11, 2022 Page 2 of 16 FINDINGS OF FACT: 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. Finding; The site plan provides a layout that demonstrates compliance with the applicable provisions of the underlying zone. The lot area and dimensions are not modified. The proposed bathroomJstorge structure is 20 -feet from the rear property line. No setback is required. The structure will be directly behind the building and not visible to the public right-of-way. The proposed covered bicycle parking structure is more than 50 -feet from the street. The bike parking structure is proposed to have three steel posts and be a west pointing cover. The proposed bathroom structure and the bicycle parking structure will not affect the building height, orientation, mass, scale, architecture, or other applicable standards. The proposed improvements modify the site to be less non -conforming with many of the city landscaping, parking, and coverage, standards being met. The proposed parking area improvements for the original site design review, the revised landscape plan, and the stormwater quality standards application throughout the property better manages traffic circulation and required parking and the proposed modifications comply with the city standards. The existing building was constructed with the intention of serving automobile traffic. The pointed canopy of the building is setback approximately 10 -feet from the front property line. The area between the physical structure and the public street, which was the fueling islands originally, a site covering parking area for the auto repair business, has been enlivened with the introduction of a large, comfortable, interesting, outdoor gathering space. Adjacent too the former fuel bay awning the asphalt has been scraped the surface is proposed to be replaced with a permeable surface for two food trucks. The proposed parking area for the food trucks is along the south property line in an area that was previously a mix of asphalt and concrete parking area. These parking spaces are setback beyond the fa4ade of the structure which includes the point of the structurally integrated awning. They are a permeable surface to reduce their visual impact, they are more than 50 -feet from the public 2366 Ashland Street Site Review & Conditional Use Permit April 11, 2022 Page 3 of 16 right of way, and they are necessary for the future redevelopment of the property. The future redevelopment area of the property is envisioned on the south side of the property, within the area of the south driveway access, between these parking spaces, the south property line, including/adjacent to the area of the food trucks. The eight spaces are proposed to be installed with a permeable surface to comply with the parking area microclimatic impact requirements. The landscape areas are connected into the stormwater system, there are shade trees for every seven parking spaces. There are a five -foot - wide landscape buffers adjacent to the property lines where the food truck parking area is proposed. The existing structure at 1,902 sf is significantly below the required floor area ratio of 14,921 sf. The proposed bathroom/storage structure is 188 square feet which is less than a 10 percent `addition' to the structure. The property had approximately 95% coverage exceeding the maximum lot coverage in the zone. With the proposed removal of concrete to install the landscape planters and the sand set pavers, the lot coverage will be reduced by 2,800 square feet which brings the site into conformance. The site plan provides for extensive landscaping, parking lot shade trees, landscape buffers adjacent to the `new' parking area along the south property line, and stormwater detention facilities are proposed, and the site conforms 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). Finding 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. The proposed site improvements 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. 18.4.2.040.B. Basic Site Review Standards. 1. Orientation and Scale. 2366 Ashland Street Site Review & Conditional Use Permit April 11, 2022 Page 4of16 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. Finding_ The existing structure is a 1902 square foot, auto -centric design constructed in the mid- 1960s as a fueling station/auto repair facility. The primary automobile circulation and off- street parking occurred between the building and the street. The proposed site development prevents the automobile circulation and parking areas between the building and the street. The proposed parking for the dispensary use is located on either side of the building with the parking area for the proposed food trucks on the south side of the property to the side of the building. 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. Finding: The existing building fa4ade does not occupy a large majority of the project's street frontage. The proposed addition of the .188 square foot bathroom/storage room and bicycle parking structure will not alter the facade of the building and the lack of a large majority of the site occupied by a structure. The surface are modifications provide landscaping and hard durable surface materials to distinguish the pedestrian areas within the food truck court area from the driving and parking areas. c. Building entrances shall be oriented toward the street and shall be accessed from a public sidewalk. The entrance shall be designed to be clearly visible, functional, and shall be open to the public during all business hours. Finding: The existing building entrance facing Ashland Street will remain as the primary entrance / exit to the building. The entrance is visible and functional; signage will increase visibility. 2366 Ashland Street Site Review & Conditional Use Permit April 11, 2022 Page 5 of 16 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. Finding_ The existing buildings setback was established with 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. No changes to the building entrance to affect this standard is requested. Future site development will be located nearer the front property line and will address the setback standards for new construction. e. Where a building is located on a corner lot, its entrance shall be oriented toward the higher order street or to the lot comer at the intersection of the streets. The building shall be located as close to the intersection comer as practicable. Finding: The building is not on a corner lot. f. Public sidewalks shall be provided adjacent to a public street along the street frontage. Finding: The proposed small addition of the bathroom/storge room does not affect the sidewalk pattern. 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 new frontage improvements. 2366 Ashland Street Site Review & Conditiona[ Use Permit April 11, 2022 Page 6 of 16 2. Streetscape. 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. Findin; The proposed landscape plan provides for four street trees to be planted in the planter bay that abuts the property boundary with the highway. These trees are proposed within the rehabilitated landscape planters. 3. Landscaping. a. Landscape areas at least ten feet in width shall buffer buildings adjacent to streets, except the buffer is not required in the Detail Site Review, Historic District, and Pedestrian Place overlays. Finding: The site is in the detail site review zone therefore a 10 -foot buffer is not required. b. Landscaping and recycle/refuse disposal areas shall be provided pursuant to chapter 18.4.4. Finding: A dedicated trash and refuse disposal area will be provided along the west property line. The disposal area will be screened and locked to prevent vandalism, theft and scattering of rubbish. The proposed landscaping brings the site into compliance with the maximum lot coverage in the C-1 zone or 85 percent. Areas where parking is abutting property lines proposes a five-foot landscape buffer and parking area shade trees. There is a substantial landscape area between the front of the building and the public street with surface area enhancements. 4. Designated Creek 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. Finding. There are no designated creek protection areas on the property. 2366 Ashland Street Site Review & Conditional Use Permit April 11, 2022 Page 7 of 16 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. Finding'. 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. There are existing historic light standards at the driveway entrances of the property, these will be repaired for use. 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 a building area is expanded by 25 percent, then 25 percent of the site must be brought up to the standards required by this document. Finding'. 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. New construction of 188 square feet for a bathroom and storage room for food truck use has been proposed. This is less than a 10 percent expansion of the building. There are substantially more than 10 percent of the site being brought into the conformance. The provision of parking area shade trees, parking area landscape buffers, prevention of cross traffic between the building and the street through the installation of landscaping and outdoor entertainment area and the food truck court bring the property closer to the standards for access, orientation to the street, parking lot design and landscape standards. The proposed detached covered structure for bicycle parking increases the conformity of the site. 18.4.2.040. C. Detailed Site Review Standards. Finding: No permanent modifications are proposed that will affect the detail site review standards for new construction. 2366 Ashland Street Site Review & Conditional Use Permit April 11, 2022 Page 8 of 16 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.C.1.a has not been provided because there is no new building construction proposed and the application is for a small structure to the rear of the existing building for a bathroom and storage closet and bicycle parking, does not increase the FAR. The proposed site layout preserves the southern portion of the property for future development area. There are no incompatible uses on adjacent lots. The perimeter of the property is fenced with a screening fence. Afive-foot-wide landscape buffer is proposed along the side property line where the parking area for the food trucks is proposed. The parking area is buffered from Ashland Street by the 60 -foot setback, a substantial distance from the parking area to the street. 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 properly. Finding: The property presently has two driveway curb cuts from Ashland Street that provide vehicular access to the property. The proposed inclusion of a small bathroom structure, bicycle parking structure and the use of the property at times with food trucks, does not justify a major site modification such as driveway closure. The approved use of the site as a dispensary and the two food trucks generates less than 50 peak hour vehicle trips. 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 the two food truck. The site historically was a fueling station, retail establishment and auto repair shop, consuming large volumes of public utilities, electric in particular. The proposed use of the site requires less utility consumption than the previous use. There are electric outlets for the food trucks. The trucks will carry their own grey/black water. The site is serviced by a four -inch sewer line and a one -inch water service line. 2366 Ashland Street Site Review & Conditional Use Permit April 11, 2022 Page 9 of 16 18.4.6.020.B for an Exception to Street Standards: 1. Exce tion to the Street Design Standards. The approval authority may approve exceptions to the standards section in 18.4.6.040 Street Design Standards if all of the following circumstances are found to exist. Finding: No new frontage improvements within the right-of-way are proposed. An exception is not necessarily triggered as the existing improvements are existing non -conforming and the use of the site is not intensified substantially but the site improvements and the amount of landscape areas is substantially improved. a. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. Finding: 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 proposed bathroom/storage building construction, bike structure, food truck parking area with a permeable parking area should not be required to install new Ashland Street sidewalk improvements. This would require dedication of right-of-way, removal of electric power poles, overhead powerlines, underground cabinets, water meters, concrete curbing, and a substantial modification to the topography behind the existing sidewalk where an existing sidewalk is present. The existing sidewalk on both abutting frontages matches the curbside sidewalk along the frontage of the subject property. To create a small linear distance (80 -feet of the 200 -feet of frontage) of a sidewalk to current standards is a difficult civil engineering endeavor in addition to the infrastructure modifications necessary to provide alternative sidewalk installation. There are street trees and landscape proposed directly behind the sidewalk in the landscape median that presently exists but is in poor condition. This landscape area is being widened into the property to provide site buffering from the street. There is not adequate right-of-way for city standard street improvements. There are substantial amounts of infrastructure in the area where the sidewalk widening would be necessary. There is an existing retaining wall along the property line adjacent to the 2366 Ashland Street Site Review & Conditional Use Permit April ll, 2022 Page 10 of 16 sidewalk. This retaining wall is required because the property is higher than the street and sidewalk widening would require excavation into the slope. This would require additional retaining wall and steeper steps. These reasons are unique and unusual to the property that do not typically apply to a new commercial development on a new public street where right-of-way and physical constraints were not present. b The exception will result in equal or superior transportation facilities and connectivity considering the following factors where applicable. Finding: The proposal does not involve alterations of the Highway frontage. The transportation facilities exist as a curbside sidewalk and dedicated bicycle lane. These facilities exists and the change of use of the property does not require modifications to the Ashland Street/Hwy 66 frontage. Substantial site improvements are occurring the landscape areas behind the public right of way providing street trees and vegetation where presently none exists. This will substantially improve the pedestrian experience. i. For transit facilities and related improvements, access, wait time, and ride experience. Finding. 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, duality of experience (i.e., comfort level of bicycling along the roadway), and frequency of conflicts with vehicle cross traffic. Finding_ A dedicated bicycle lane with signal light was installed during the freeway interchange improvements that were made in 2012/2013. 2366 Ashland Street Site Review & Conditional Use Permit April 11, 2022 Page 11 of 16 iii. For pedestrian facilities, feeling of safety, quality of experience {Le., comfort level of walking along roadway), and ability to safety and efficiency crossing roadway. Finding: Stairs leading from the sidewalk to the grade of the structure and outdoor gathering space is proposed to provide better pedestrian access to the customer area and out of the driveways. On-site pedestrian facilities are provided that increase the feeling of safety, and quality of experience. The street trees and landscaping, lighting and pedestrian activity for the food truck and new business will also increase the pedestrian safety. C. The exception is the minimum necessary to alleviate the difficulty. Finding: The proposal is not considered an intensification of use and public street improvements should not be required as this point. The proposed improvements to the frontage landscaping, reduction of asphalt and concrete from the site, provisions for stormwater infrastructure that accounts for future development where none existed, utility improvements, the requested exception is the minimum necessary. The proposed exception is proportional to the site development. The proposal involves a restoration and rehabilitation of an existing commercial building and the creation of a food truck court. d. The exception is consistent with the Purpose and Intent of the Street Standards in subsection 18.4.6.040.A. Finding: The exception is consistent with the purpose and intent of the street standards. The onsite sidewalk connects to the existing curbside sidewalk and there is a bike lane across the frontage of the property. The proposal is consistent with the intent of the standards because the existing design encourages pedestrian and bicycle 2366 Ashland Street Site Review & Conditional Use Permit April 31, 2022 Page 12 of 16 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. The site improvements will only enhance the pedestrian experience in the existing right-of-way. 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. Finding: 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 has not been considered a change of use by ODOT. The proposed addition to for bathroom does not increase traffic. The proposed food trucks increase traffic by less than 13 vehicle trips. Dispensary uses have been reclassified since reviewed for the change of use of the property from auto repair/fueling station to a retail dispensary and there are less than 50 peak hour trips generated by the proposed uses. It can be found that site improvements will not cause a modification to the operations of the driveways. The permanent modification to the driveway approaches is not proportional to the proposed redevelopment of the site at this time. There is acknowledged development area in the location of the southern driveway due to the building location, parking, driveways, etc. the south portion of the property is the natural area for future redevelopment. At that time, it is anticipated that the construction would trigger additional traffic study that would alter the driveways and the non -conforming situation that exists. AMC 18.4.6.040.K. Ashland Street Corridor. Finding: The subject property is typical auto -oriented development common adjacent to freeway interchange. The site had vast areas of asphalt paving and minimal landscaping. The existing structure is an iconic, auto -centric design that has a vastly different architecture than typical freeway oriented fueling station. 2366 Ashland Street Site Review & Conditional Use Permit April 11, 2022 Page 13 of 16 No modifications are proposed to the public right-of-way of Ashland Street. The existing landscape areas behind the right-of-way are proposed to be rehabilitated and enhanced to provide a more complaint Ashland Street frontage with the installation of street trees. 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. Finding: 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 can and will be provided to the subject property. See finding above on page 10. 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 118.5.4.050.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 Plan. g. Other factors found to be relevant by the approval authority for review of the proposed use. 2366 Ashland Street Site Review & Conditional Use Permit April 11, 2022 Page 14 of 16 Finding: The target use of the zone is a nearly 30,000 square foot parcel for the comparison purposes of the conditional use permit seeks a .35 Floor 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. 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. 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 will increase 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. Finding: Uses within the food trucks and on the property are allowed 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. d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of—within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. Finding: 2366 Ashland Street Site Review & Conditional Use Permit April 11, 2022 Page 15 of 16 The target use of the zone is a nearly 30,000 square foot parcel for the comparison purposes of the conditional use permit seeks a .35 Floor Area Ratio of 10,444.7 5F 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 April 11, 2022 Page 16 of 16 1,7 R WOa'113'JV531H�IV1'MMh. 9 1/,y �9 N093N�'q Ntl1H5�/'� 3111ANOSA�tl� r, � ;i �� � �' � � NO�J3a�'aNtlIHSb' o � 310311HCMV 9JVOS43NYI S31tlI30SSV QNtl � � = € � � � ry �aN aNnNsy qq 9 o \\ Gx R a 9 ,r ouyl�` 111 49 43OVS 3111nvILU •� nh 744 y i � i I C 3 kr§§4i es 5sg x ,11V oil SMnE �W �tiaz 3x�� IWAH �8a xd�n F�3 1 F ❑ �} . 9�' aj 1 �$" III 11I m �Wi arc 3��i ?: ��� �w� 3 �p¢�aNl� �� �G• yXo �q�i3 F 9�' aj 1 �$" III 11I m �Wi arc 3��i ?: ��� �w� 3 �p¢�aNl� �� �G• yXo �q�i3 F 9�' 1 M1 �i M1 �i wo�'tia�tlsalanyn'nn,un, ��' z o0 p N093a ONtlIHS R Q N093110 'd NtliNSt/'P 31'SIANOSJIOtlf _ r .�2:• AaaiguNmHstl99£Z �N� SA33dIM�Nti' 3dy75UN0'I S31tl130SSt/ GNtl". P C a a ` 8 NOF1tl1511Ej 49 113OVS 3ISf Yl 1, g`P, 83 ...J _ u 3�g E I I .\ 1 _ � 4 k.0 r R9 a s 7¢ Jill I 3I of �B g� o Re �' R � '+$ p �x t } a$ "MI Jill$ c x 9 4� 9 $ Ill fill R Jill,ADA iA JfAi 11"411111 � - till! li-51 eAll jill �g#fd°axd kd € A R9 g� Jill$ c x 9 4� eAll A of NilI 5 p g� Jill$ c x 9 4� eAll A NilI 5 g The comments of this pre -app are preliminary in nature and subject to change based upon the submittal of additional or different information. The Planning Commission or City Council are the final decision making authority of the City, and are not bound by the comments made by the Staff as part of this pre - application. ASHLAND PLANNING DIVISON PRE -APPLICATION CONFERENCE COMMENT SHEET November 12, 2020 SITE: 2366 Ashland Street APPLICANT: Rogue Planning & Dev. REQUEST: Site Review & CUP Food Truck Court PLANNING STAFF COMMENTS: This pre -application conference is intended to highlight significant issues of concern to staff and bring them to the applicant's attention prior to their preparing a formal application submittal. Generally: As staff understands it, the proposal would involve Site Design Review to establish a retail/marijuana dispensary use in the existing building in conjunction with a Conditional Use Permit to allow a food truck court with up to ten food trucks on site, and site improvements would include reconfiguring site circulation and formalizing a parking lay -out. Site Design Review (SDR) Site Design Review is required when there is "expansion of any parking lot, relocation of parking spaces on a site, or any other change that alters or affects circulation onto an adjacent property or public right- of-way." In this instance, the bulk of the site is paved, but there is no approved site plan identifying parking in files dating back nearly 40 years and there is a history of on-going compliance issues with the continued use of the site as an unpermitted/illegal auto storage yard. Given that there is no clear approved parking configuration of the site, establishing approved parking and circulation will require Site Design Review approval. Because the square footage is less than 10,000 square feet and the building is less than 100 feet in length, the application will likely be subject to Type I review, which provides for an administrative decision subject to appeal to the Planning Commission. For staff, the primary issues with Site Design Review would be in seeking to bring the site improvements into compliance with current standards in terms of the number and placement of parking spaces, landscaping standards, proportionally addressing site non -conformities and dealing with access management. A Site Design Review application would need to respond to the criteria below from AMC 18.5.2.050: A. Underlying Zone. The proposal complies with all of the applicable provisions of the underlying zone (part18.21), 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 (part18.3). C. Site Development and Design Standards. The proposal complies with the applicable Site Development and Design Standards of part 18. except as provided by subsection E, below. The applicable standards would include: Basic Site Review for Non -Residential Development, Detailed Site Review in 18.4.2; Parking, Access and Circulation in AMC 18.4.3; Landscaping, 2366 Ashland Street October 21, 2015/dds Page X Lighting and Screening in 18.4.4; Tree Preservation and Protection in 18.4.5; Public Facilities in 18.4.6, including the Ashland Street Corridor standards in AMC 18.4.6.040.K; Signs in 18.4.7 including the Freeway Sign zone allowances, and Solar Access in 18.4.8. 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 aU 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. (Ord. 3147 § 9, amended, 11/21/2017) Parking. There is no approval on file which illustrates an approved parking configuration for the property, however there is a history of Code Compliance issues due to the storage of an excessive number of vehicles on the property equating to an illegal auto storage yard. Formalizing a parking plan for the site would require addressing the parking ratios for the proposed uses. There are no specific parking ratios for food trucks, so the application would need to consider the code's allowances for addressing unspecified uses. (NOTE: Site Design Review standards require that there be no parking or vehicular circulation between the face of the building and the street. As shown, it appears that several of the spaces proposed extend in front of the building face, which would necessitate an exception to the Site Design Standards.) Controlled Access Standards: The city's controlled access standards for boulevards require a separation of 100 feet between driveways as well as a separation of 100 feet between driveways and intersections. As presently configured, the site's driveways do not meet either of these standards. The application should consider possible means of having the driveway situation come nearer to conformance with any substantial modification to the site. AMC 18.1.4.040.0 "Roadway Access" provides that "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 2366 Ashland Street November 12, 2020/dds Page 2 to bring the nonconforming access into conformance with the standards of the approval authority." If spacing standards cannot be met by reconfiguring on-site circulation, an effort should be made to consolidate access points with neighboring properties, and if this is not presently feasible one existing driveway here would likely be considered a "temporary, conditional access" with an easement granted to the adjacent property to facilitate future shared access between the parcels with the goal of ultimately bringing the driveways on the corridor into compliance with controlled access standards. (The Oregon Department of Transportation (ODOT), which has jurisdiction over access permits on this state highway, has much stricter controlled access requirements -- driveways must be separated by 300 feet and must be 1,320 feet from a street intersection — and these standards may be triggered with access permit requests. Staff would strongly recommend contacted ODOT to verify their requirements for this request.) Landscaping/Parking Lot Landscaping & Screening: The final application materials will need to include size- and species-specific landscaping plans detailing all proposed modifications to the approved landscaping plan and demonstrating compliance with the Water Conserving Landscaping requirements found in AMC 18.4.4.030. C-1 development typically requires that at least 15 percent of the site be provided in landscaping, and that seven percent of any parking or circulation area be provided in parking lot landscaping consistent with standards, including a five-foot landscape buffer between any parking or circulation and a property line, planted with a sight -obscuring hedge. In addition, one parking lot tree per seven parking spaces is required. Street trees with irrigation are required along the street frontage at a spacing of one -tree per thirty feet. The final application will need to include a size- and species- specific landscape and irrigation plan illustrating how the application will comply with these standards. The application may wish to consider temporary landscaping measures given the temporary nature of the food truck court and potential for future redevelopment of the site — this could include trees in planters which could define space and provide shade and be replanted permanently if/when more permanent plans for the site develop. Proportional Site Improvements: New site improvements would need to address current standards, and if there are site non -conformities such as inadequate landscaping, they would need to be addressed through Site Design Review proportionally to the amount of added building area proposed. Signs: The final application should include details of all existing or proposed signage and demonstrate consistency with the applicable sign regulations. In staff's view, it would be most appropriate to have a single shared sign rather than individual signs or sandwich boards for each truck. Prior to installation, a sign permit would need to be obtained separately from land use or building permit approvals. Frontage improvements/Street Trees: Standard street frontage improvements for a boulevard outside of the downtown would include a planting strip with irrigated street trees planted in five-foot square planters with tree grates, and an eight- to ten -foot sidewalk along the full property frontage. Site Design Review approval without these improvements in place or proposed would require an Exception to Street Standards be requested and approved, and would typically include a condition that the property owner sign in favor of paying their proportional share of future street frontage improvements. 2366 Ashland Street November 12, 2020/dds Page 3 Marijuana -Related Businesses (AMC 18.2.3.190.B): Marijuana -related businesses are subject to local regulations in AMC 18.2.3.190.8 as well as state law. The final application would need to address the applicable special use standards. Conditional Permit C Conditional Use Permits require a demonstration that the adverse material impacts of the proposal would be no greater than those encountered with development of the property to the target use of the zone, which here would be retail developed to a 0.50 floor area ratio. These summative impacts of the proposal would be considered — i.e. the combined impact of proposed retail/dispensary along with the food carts - with particular attention likely paid to traffic and parking in proximity to the interchange. A CUP application would need to respond to the approval criteria below from AMC 18.5.4.050: 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. 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 18.5.4.050.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. Similarity in scale, bulls, 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 Plan. 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. 2366 Ashland street November 12, 2020/dds Page 4 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. d. C_1. The general retail commercial uses listed in chapter F18.2.J Base Zones and Allowed Uses, developed at an intensity of 0.35 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. Trash Enclosure: The applicants should verify that the proposed trash enclosure is adequate to provide for the trash and recycling needs of all tenants on site and that it's sizing and placement are acceptable to Recology. Building Code Issues: Construction may trigger specific Building (and Fire) Code issues including requirements for permitting or accessibility upgrades. The applicants should contact the Building Official to verify these requirements as soon as possible. Tree Removal: Within the C-1 zoning district, the removal of any tree greater than six -inches in diameter at breast height (d.bh.) requires a Tree Removal Permit. The Tree Removal Permit criteria are detailed with the submittal requirements below. If any trees over six -inches in diameter are proposed for removal, the application should make clear why tree removal cannot be avoided through alternative site planning, and should include assessment of all trees by an arborist. If tree removal or landscaping changes are involved, the applicants should plan to attend the Tree Commission's monthly meeting when the project is discussed. Submittals: The final application submittal would need to include scalable drawings including a site plan, landscape & irrigation plan, and elevation drawings illustrating all sides of the building with color, material, lighting, trash enclosure and parkingibicycle parking details. Neighborhood Outreach: Projects involving changes to established patterns can be a concern for neighboring property and business owners, and staff always recommends that applicants approach the affected neighbors, make there aware of the proposal, and try to address any concerns as early in the process as possible. Notices will be sent to neighbors within a 200 -foot radius of the property. Written Findings/Burden of Proof: Applicants should be aware that written findings addressing the ordinance and applicable criteria are required, and are heavily depended on when granting approval for a planning action. In addition, the required plans are explained in writing below. The burden of proof is on the applicant(s) to ensure that all applicable criteria are addressed in writing and that all required (scalable) plans, written findings, and other materials are submitted even if those items were not discussed in detail during the pre -application conference. ■■rrrrrarrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr•�r�rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr OTHER DEPARTMENTS' COMMENTS BUILDING DEPT: No comments provided. Please contact the Building Official Steven Matiaco for Building Code -related information at 541-488-5305. 2366 Ashland Street November 12, 2020/dds Page 5 CODE COMPLIANCE: For any compliance -related information, please contact Andrew Barrow, Code Compliance Specialist at (541) 552-2424 or via e-mail to andrew.barrow ashland.or.us . CONSERVATION: For information on available Conservation Programs, including potential rebates, tax credits, and financial or technical assistance with energy efficiency improvements, please contact the City of Ashland Conservation Division at 541-488-5345. ENGINEERING: See comments at the end of this document. Please contact Karl Johnson at (541) 552-2415 or e-mail: kart.johnson@ashland.or.us for any Engineering -related questions (utilities, streets, storm drainage, etc.). FIRE DEPARTMENT: No comments provided. Please contact Division Chief & Fire Marshal Ralph Sartain of Ashland Fire & Rescue for Fire Code -related information at (541) 552-2229 or via e-mail to ral h.sartain ashland.or.us. WATER AND SEWER SERVICE: "If the project requires additional water services or upgrades to existing services the Ashland Water Department will excavate and install in the city right of way all water services up to and including the meter on domestic and commercial water lines. If a fire line is required the water department will only install a stub out to the location where the double check detector assembly (DCDA) or reduced pressure detector assembly (RPDA) complete with a BadgerOl-brand cubic foot bypass meter should be placed in a vault external to the building. The vault and the DCDA or RPDA device housed in it are the responsibility of the property owner and should be placed at the property line. Fees for these installations are paid to the water department and are based on a time and materials quote to the developer or contractor. Meter sizes and fire line diameters will need to be provided to the Water Department at the time of a quote being requested. The Ashland Water Department is also requiring new projects to comply with all current cross connection rules and regulations, this may require backflow prevention devices to be placed at the potential hazard or just behind the meter or connection for premises isolation depending on the degree of hazard, type of intended use of the facility or even the geographical location of the building or facility. in regards to water backflow prevention, this property will require premise isolation by the installation of a RPZ backflow device immediately behind the water meter by the property owner. Please contact Steve Walker with questions at 541-552-2326 or via e-mail to walkers@ashland.or.us to discuss the intended use of the facility or property and any potential cross connection hazards associated with it or for any questions regarding water connections." ELECTRIC SERVICE: Please contact Dave Tygerson in the Electric Department for service and meter location requirements and fee information at (541) 552-2389 if there will be any changes to existing services associated with the request. A preliminary electric service plan approved by the Electric Department is required with Site Design Review applications. OREGON DEPARTMENT OF TRANSPORTATION (ODOT): See comments from ODOT provided separately. Ashland Street is considered a boulevard subject to specific standards under Ashland's codes, but is also a state highway (OR66) under ODOT jurisdiction in this vicinity. Any proposed frontage improvements as well as access permits must be reviewed and approved through ODOT, and ODOT may have concerns with trip counts or controlled access in proximity to the 2366 Ashland Street November 1.2, 2020/dds Page 6 interchange area. Staff would anticipate that ODOT will be carefully reviewing any application/TIA. It would be in the applicant's interest to contact ODOT staff to discuss any issues and for guidance in scoping the TIA. (Micah Horowitz, AICP; ODOT Region 3 1 Senior Transportation Planner; 100 Antelope Road, White City, OR 97503; p: 541.774.6331 j c: 541.603.8431; e: micah.horowitz@odot.state.or.us ) ■����s���a�sE�rrrrr���»■■��������rrrrxaM������������a■:�rrr���������������•rr■ ZONING DISTRICT REQUIREMENTS ZONING: C-1 (Commercial) within the Detail Site Review overlay, the Freeway Sign overlay, and the Ashland Street corridor design standards area. See AMC Table 18.2.6.0030. PROCEDURE: Within the C-1 zone and the Detail Site Review overlay, additions less than 10,000 square feet or less than 100 feet in length are subject to "Type I" review and allow a decision be made at the staff level, after property public notice and a public comment period. Type I decisions provide an opportunity for appeal to the Planning Commission. A. Application Requirements. 1. Application Form and Fee. Applications for Type I review shall be made on forms provided by the Staff Advisor. One or more property owners of the property for which the planning action is requested, and their authorized agent, as applicable, must sign the application. The application shall not be considered complete unless the appropriate application fee accompanies it. The application form is available here: https:ffwww.ashiand,or.us/SIB/files/Comm`/`2ODev/16Zoning Permit Application.pdf Fees are detailed here: htt s://www.ashiand.or.us/SIBifiles/Comm%2ODev/Forms%2C%2OBrochures%2C%2OHandout s12019-07-01 PlannincqFees,r)df 2, Submittal Information. The application shall include all of the following information. a. The information requested on the application form. b. Plans and exhibits required for the specific approvals sought. c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail. d. Information demonstrating compliance with all prior decision(s) and conditions of approval for the subject site, as applicable. e. The required fee. Plan Re uirements 2366 Ashland Street November 12, 20201dds Page 7 Two (2) readable copies of the plans below formatted to print to scale on paper no larger than 11 - inches by 17 -inches are required, in addition to any paper plans provided. Note: 11x17 copies are used for the Planning Commission packets and for the notices mailed to neighbors. Please submit materials formatted to print clear, reproducible copies to scale. The final application submittal need to include scalable drawings to facilitate review by staff commissioners and the public. o Two (2) copies of the materials required for a Site Design Review application as detailed in LUO 18.5.2.040. o Two (2) copies of the materials required for a Conditional Use Permit application as detailed in LUO 18.5.4.040. o Two (2) Copies of a Tree Protection Plan as required in chapter 18.4.5.030 (if the application will involve any site disturbance that would impact trees). o Two (2) Copies of the plans required for a Tree Removal Permit as required in chapter 18.5.7.030 (if tree removal is proposed). Narrative Submittal Reg,uirements: Applicants are advised that in addition to required plans, written findings addressing how the ordinance criteria are satisfied in narrative format are required. The applicable criteria are included below. RELEVANT CRITERIA. AND STANDARDS: Applicants are advised that in addition to required plans, written findings addressing how the ordinance criteria are satisfied in narrative format are required. The applicable criteria are included below. The Ashland Land Use Ordinance in its entirety may be accessed on-line at: htts:Hashiand.munici al.codes/LandUse o Two (2) copies of the written findings addressing the approval criteria for Site Design Review, as detailed in LUO 185.2.050. o Two (2) copies of the written findings addressing the approval criteria for a Conditional Use Permit, as detailed in LUO 18.5.4.050. o Two (2) copies of written findings addressing the following criteria from chapter 18.4.6.020.E for an Exception to Street Standards (if applicable to the final proposal). o Two (2) copies of written findings addressing the following criteria from chapter 18.5.7,040.8.2. for Tree Removal Permit to remove a tree that is not a hazard (if applicable to the final proposal). ■rrrrrwr�rrrrwrwwrrrrwwwwrrrrrwrwwrrrwwwwwswrrrrwwrwwrrawwwrrrrrwrwwrwrwwwwwrr■ APPLICATION DEADLINES: first Friday of each month PC MEETINGS: Second Tuesday of each month FEES: Site Review (Type 1) $1,092+1/.2% of valuation* Conditional Use Permit $1,092 Tree Removal Permit (if applicable) $0 Exceptions (if applicable) $0 2366 Ashland Street November 12, 20201dds Page 8 *NOTE: o Applications are accepted on a first come first served basis. o All applications received are reviewed by staff, and must be found to be complete before being processed or scheduled at a Planning Commission meeting. o Applications will not be accepted without a complete application form signed by the applicant(s) and property owner(s}, all required materials and full payment. o Applications are reviewed for completeness in accordance with ORS 227.178. o Applications submitted are processed in the order received, and complete actions are scheduled at the next available Planning Commission meeting. o Valuation: For further information lease contact: November 12 2020 Derek Severson, Senior Planner Date City of Ashland, Department of Community Development Phone: 541-552-2040 or e-mail: derek.severson@ashland.or.us 2366 Ashland Street November 12, 2020/dds Page 9 Public Works & Engineering 2020 Pre -App Comments 2366 Ashland Street 1. Engineered Plans - Where public improvements are required or proposed, the applicant's engineer shall submit design plans for approval of all public improvements identified on the approved plan or as specified in conditions of approval. One set of these civil plans MUST be submitted DIRECTLY to the Public Works/Engineering Department. All design plans must meet the City of Ashland Public Works Standards. Engineered construction plans and specifications shall be reviewed and signed by the Public Works Director, prior to construction. All public facilities within the development will be designed to the City of Ashland Engineering Design Standards for Public Improvements. The engineered plans shall also conform to the following: If drawings are submitted to the City of Ashland digitally, they shall be true scale PDF drawings. If AutoCAD drawings are also submitted, they shall be compatible with the AutoCAD release being used by the City at that time and shall be located and oriented within the Oregon State Plain Coordinate System (NAD83-89). Drawings sizes shall comply with ANSI -defined standards for page width and height. Review drawings may be submitted in B size (17.x17). Bidding and construction documents may also be printed at B size; however, all final as -constructed drawings must be submitted to scale on D -size (24x36) Mylar. Digital files of the as -constructed drawings shall also be submitted. Drawings shall be drawn such that reduction of plans from full size (D -sized) to half size (B - sized) can be done to maintain a true scale on the half -sized plans. Transportation Impact Analysis (TIA) —The City of Ashland feels that this project may meet at least one of the thresholds at which a TIA is required. The applicant shall have a Registered Engineer submit evidence that a TIA should not be required if the thresholds are not met. All land use actions that either propose direct or indirect access to a State highway or a boulevard will need to provide the City of Ashland with the information outlined below. The governing jurisdiction will then inform ODOT of the intended land use action and provide pertinent review material. These guidelines are intended to ensure that developments do not negatively impact the operation and/or safety of the roadway. A. Applicants must submit a preliminary site plan for review to the City of Ashland, prior to the pre -application conference. At a minimum, the site plan shall illustrate: 1. The location of existing access point(s) on both sides of the road within 500 feet in each direction for Category 4 segments or 5 lane boulevards, and 300 feet for Category 5 segments and 3 lane arterials; 2. Distances to neighboring constructed public access points, median openings, traffic signals, intersections, and other transportation features on both sides of the property (this should include the section of roadway between the nearest upstream and downstream collector); 3. Number and direction of site access driveway lanes to be constructed, as well as an internal signing and striping plan; 4. All planned transportation features on the State highway/boulevard (such as 2366 Ashland Street November 12, 2020/dds Page 10 auxiliary lanes, signals, etc.); 5. Trip generation data or appropriate traffic studies (See the following section for the state's traffic impact study requirement thresholds.); 6. Parking and internal circulation plan; 7. Plat map showing property lines, right of way, and ownership of abutting properties; 8. A detailed description and justification of any requested access variances; B. Proposed land use actions, new developments, and/or redevelopment accessing a State highway/boulevard, directly or indirectly (via collector or local streets), will need to provide traffic impact studies to the respective local reviewing jurisdiction(s) and ODOT if the proposed land use meets one or more of the following traffic impact study thresholds. A traffic impact study will not be required of a development that does not exceed the stated thresholds. 1. Trip Generation Threshold: 50 newly generated vehicle trips (inbound and outbound) during the adjacent street peak hour; 2. Mitigation Threshold: installation of any traffic control device and/or construction of any geometric improvements that will affect the progression or operation of traffic traveling on, entering, or exiting the highway; 3. Heavy Vehicle Trip Generation Threshold: 20 newly generated heavy vehicle trips (inbound and outbound) during the day; All traffic impact studies will need to be prepared by a registered professional engineer in accordance with ODOT's development review guidelines. C. Traffic Impact Study Requirements 1. The following is a summary of the Oregon State Highway minimum requirements for a traffic report. ODOT views the following requirements as the minimum considerations to be dealt with by Professional Traffic Engineering Consultants in their analysis of traffic impacts resulting from new developments adjacent to State highways. 2. The analysis shall include alternates other than what the developer originally submits as a proposal for access to state highways, city streets, and county roads. 3. The analysis of alternate access proposals shall include: (i) Existing daily and appropriate design peak hour counts by traffic movements, at intersections which would be affected by traffic generated by the development (use traffic flow diagrams). (ii) Projected daily and appropriate design peak hour volumes for these same intersections, and at the proposed access points after completion of the development. If the development is to be constructed in phases, projected traffic volumes at the completion of each phase should be determined. (iii) Trip Generation shall be calculated using the Institute of Transportation Engineers' manual "TRIP GENERATION 5th Edition" or other, more current, and/or applicable information. (iv) A determination of the need for a traffic signal based on warrants in the "Manual on Uniform Traffic Control Devices." 2366 Ashland Street November 12, 2020/dds Page 11 4. The recommendations made in the report should be specific and shall be based on a minimum level of service "D" when the development is in full service. As an example, if a traffic signal is recommended, the recommendations should include the type of traffic signal control and what movements should be signalized. If a storage lane for right turns or left turns is needed, the recommendations should include the amount of storage needed. If several intersections are involved for signalization, and an interconnect system is considered, specific analysis should be made concerning progression of traffic between intersections. 5. The internal circulation of parking lots must be analyzed to the extent that it can be determined whether the points of access will operate properly. 6. The report shall include an analysis of the impacts to neighboring driveway access points and adjacent streets affected by the proposed new development driveways. 7. The report should include a discussion of bike and pedestrian usage and the availability of mass transit to serve the development. 3. Street Improvements — No additional street improvements, beyond those necessary to comply with City Street Standards, will be required at this time. 4. Right -of -Way— No additional right-of-way dedication, beyond any necessary to comply with city street standards, will be required at this time. 5. Sanitary Sewer —The property is currently served by ab in sartitarY sewer main in Ashland 5tree#_ The applicant proposed improvements must be reviewed, approved and permitted by the City of Ashland Engineering Department. 6. Water —The property is currently served by a':84' water main rn Ashland Street:City of Ashland Water Department shall tap existing water main and install any new water services and water meter boxes that are proposed by development. City of Ashland Water Department must be contacted for availability, placement and costs associated with the installation of the new water service. Service & Connection Fees will also be required for any new water services installed as part of this project. 7. Storm Drainage — The property is currently served by a 124n storm sewer main in Ashland, Street City of Ashland Engineering Department must review an engineered storm drainage plan. Storm Water Facility Design Requirements All development or redevelopment that will create or replace 2,500 square feet or more of impervious surface (buildings, roads, parking lots, etc.) area that discharges to an MS4 (municipal separate storm sewer systems), must comply with the requirements of the DEQ MS4 General Permit phase 2. Applicant MUST follow the guidance and requirements set forth in the current Rogue Valley Stormwater Quality Design Manual which can be found at the following website: htt s: www.rvss.us/pilot.asp?pg=StormwaterDesignManuaI All Stormwater calculations, reports, drawings, etc. shall be submitted to the City of Ashland Engineering Department for review. Erosion & Sediment Control --The following requirements shall be met: All ground disturbances exceeding 1,000 square feet shall implement an Erosion and Sediment Control Plan (SSCP). A 1200-C permit will be secured by the developer where required under the rules of the 2366 Ashland Street November 12, 2020/dds Page 12 Oregon State DEQ. City of Ashland Engineering Department must receive a copy of this permit before any construction shall begin. • Erosion Prevention and Sediment control measures that meet the minimum standards set forth by the City of Ashland Public Works/Engineering Standard Drawing CD282 must be in place before any construction related to the project begins. • Pollution, track out, and sediment dumping into storm water are strictly prohibited per AMC 9.48.060. • Drainage from automotive use areas shall be limited to oil concentrations of 10 mg/I by a pre -approved means. • Trash storage areas shall be covered or provide additional storm water treatment by an approved means. • Off street parking areas shall conform to Ashland Municipal Code 18.4.3.080.8.5, including provisions to minimize adverse environmental and microclimatic impacts. 9. Driveway Access — No additional improvements/requirements will be requested at this time, but the applicant proposed improvements must be reviewed and permitted by the City of Ashland Engineering Department. 10. Permits — Any construction or closure within the public right of way will require a Public Works permit and before any work in the right of way commences all necessary permits MUST be obtained • ODOT will need to review and approve any improvements in the ODOT right-of-way. City of Ashland must obtain a copy of any ODOT approvals and/or permits that are granted before any work in the ODOT right-of-way begins. 11. Addresses — Any new addresses must be assigned by City of Ashland Engineering Department. 2366 Ashland Street November 12, 2020/dds Page 13 Ashland Fire & Rescue Pre -Application Comments Date: 11-10-2020 Project Address: 2366 Ashland Permit [Number: PreApp-2020-00234 Project Description: Food Truck Court AF&R Contact: Ralph Sartain 541-552-2229 ral h.sartain ashiand.or.us Fire department comments are based upon the 2019 Oregon Fire Code as adopted by the Ashland Municipal Code, and Ashland Land Use Laws: Vehicles must comply with AMC for mobile food vendors Final determination of fire hydrant distance, fire flow, and fire apparatus access requirements will be based upon plans submitted for Building Permit review. Changes from plans submitted with this application can result in further requirements. Any future construction must meet fire code requirements in effect at that time. The fire department contact for this project is Fire Marshal Ralph Sartain. He may be contacted at (541) 552-2229 or ralph.sartain@ashiand.or.us. 2366 Ashland Street November 12, 2020/dds Page 14 C I T Y O F Planning Division ,ASHLAND 51 Winburn Way, Ashland, OR PRE -APPLICATION CONFERENCE APPLICATION 97520 DESCRIPTION OF PROJECT Project Description Site Review to modify non -conforming site, CUP for food truck court APPLICANT Name y Gunter, Rogue Planning & Development Services, LLC Phone 541-951-4020 Address 33 N Central Avenue, Suite 213 PROPERTY OWNER Name SJDM INC Address 355 Industrial Drive DESCRIPTION OF PROPERTY Street Address 2366 Ashland City Medford E -Mail amygunter.planning@gmail.com Day Time Phone Zip 97501 City White City Zip 97503 Assessor's Map No. 391 E 14AB Tax Lot(s) 500 SUBMITTAL REQUIREMENTS To request a pre -application conference, submit this form with two sets of scalable pians, one large format 24°x36" and one no larger than 11 "x17". Include the following informationl�us your submittal fee of $142.25 (check, Visa, MasterCard or cash accepted): 1. Completed Application. 2. Narrative — Provide a written description of proposal and request. (If in Historic District, provide pictures of existing structures, elevations of proposed structures and details of planned exterior design features and materials) 3. Site Plan -- The site plan should contain all applicable elements in the Site Plan Checklist (see reverse) plus any other information pertinent to this proposal. The site plan will be checked to insure all applicable information is included at the time the pre -application date is set. 4. Additional information - Provide in the narrative or with the site plan: 1) Number of acres in development 2) Total gross square footage of all structures 3) Number of stories on each structure 4) Indicate number of and square footage of: a) Dwelling Units (include the units by the number of bedrooms in each unit — e.g. 10 1 -bedroom, 25 2 -bedroom, etc) b) Office Spaces c) Retail Units d) Other Spaces 5) Percentage of lot coverage by: a) Structures e) Landscaping b) Streets & Roads f) Number of parking spaces c) Parking Areas/Driveways g) Total square footage of landscaped areas. d) Recreation Areas h) Other pertinent information of the proposed development 5. LEER® Certification— Indicate whether project will be pursuing LEEDO certification. 6. Submittal Fee Pg.3 of 6 RECEIVED BY EMA1L1&nn1kQ1&1nCaQ2QMa6on SheetSuixnittal Req&emsnfs_F 01? -18 FINDINGS OF FACT SITE DESIGN REVIEW CONDITIONAL USE PERMIT FOR FOOD TRUCK COURT SUBJECT PROPERTY 2366 Ashland Street PROPERTY OWNER SJDM INC APPLICANT ROGUE PLANNING & DEVELOPMENT SERVICES Subiect Property Address: 2366 Ashland Street Map & Tax Lot: 39 1E 14AB; Tax Lot 500 Property Owner: SJDM INC 355 Industrial Drive White City, OR 97530 Applicant: Rogue Planning & Development Services 33 N Central Avenue #213 Medford, OR 97501 Comprehensive Plan Designation: Commercial Zoning: C-1 RECEIVED BY EMAIL 10116/2020 Request: Request for a Site Design to modify the existing parking layout on the non -conforming site and provide for a defined parking area for the commercial use of the site as a retail establishment and the food truck parking areas. The proposal requires a Conditional Use Permit to provide a food truck court on the eastern % 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 adjust the parking lot layout and site circulation. Food Trucks: The proposal includes Conditional Use Permit request to allow for up to ten food vendor trucks / trailers of various sizes on the large vacant %Z of the lot. Proposed Site Modifications: The site is largely covered in pavement with the intentions of allowing vehicular circulation over virtually all surfaces not occupied by the relatively small footprint, existing commercial 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 proposed site modifications are largely temporary or can be incorporated into required landscaping and pedestrian plaza areas as the site development intensifies. The east half of the property is completely vacant and the proposed site layout of food trucks and outdoor dining areas preserves the future development potential of that portion of the property while allowing the reuse of the former fueling station / auto repair shop. The proposal seeks to maintain both the driveway curb cuts from the highway. The western driveway would serve the retail establishment and the eastern driveway would serve the food truck court, The proposal preserves the historic orientation of the historically eligible Phillips 66 station and seeks to enhance the space between the existing building and the street where the fuel pumps used to be located as a covered outdoor seating area. The existing structure is one of only a few hundred remaining throughout the entire country and the only of its kind in Oregon. RECEIVED BY EMAIL 10/16/2020 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 lacked 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 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. All modifications to the structure are consistent with the Site Design and Use Standards. The exterior modifications 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 far 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. 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. 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. Building permits for any lighting, fans, heating and cooling systems will be obtained. RECEIVED BY EMAIL 10/16/2020 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. The site is more than 1,000 feet from any other marijuana related business. g. The property owner shall record a declaration which waives any claim or right to hold the City liable for damages they or a tenant may suffer from state or federal enforcement actions for activities the City permits as a result of its approval of the proposed use or development once such approval is granted. Furthermore, the owner and tenant agrees not to unreasonably disobey the City's order to halt or suspend business if state or federal authorities order or otherwise subject the City to enforcement to comply with laws in contradiction to the continued operations of the business as permitted under section 18.2.3.190. The property owner will not hold the City liable for damages that they may suffer from state or federal enforcement actions. 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. 3. Mariivana 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. 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. RECEIVED BY EMAIL 10116{2020 ii. Marijuana retail sales, except as allowed above in subsection 18.2.3.190.8.3.a.1, must be located 200 feet or more from a residential zone and are subject to a Conditional Use Permit under 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. 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 marked improvement to the Ashland Street corridor. 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 traffic control measures will greatly enhance the site while not preventing or impeding the future, larger site re -development. Orientation, scale, setback, building design, materials, etc. are not being modified with this proposal. As shown on the site plan, there is significant area to the east of the building (more than 15,000 sf) where a future building could be located near the street with the parking at the rear. Temporarily, a food truck court use is proposed. RECEIVED BY EMAIL 10/16/2020 F"M I ffllk, M May 27, 2021 Notice of Final Decision On May 27, 202 1, the Community Developirient Director approved the request for the following: Planning Action: PA -T1-2021-00139 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 marijinana dispensary. The proposal includes creating a defined parking area as well as remodeling the existing building. "I'lle application states that they are "are proposing a cohesive site development that addresses the minimum site development standards, inctilding requesting deviation from some of the standards while not compromising the future development potential." The Community Devclopniciit Director's decision becomes final and is effective oil the 12"' day after the Notice of Filial Decision is mailed. Approval is valid for a period of 18 months and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winburn Way, Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland I.,and Use Ordinance (AIAJO) 18.5.1.050(F) and/or file an appeal to the Ashland Plarnling Commission as, provided in ALUO 18,5. L050(G), The ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon L,and 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 o'rmcls .. . ..... ............... ....... . . ... cc: Parties, of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashhandmr. Lis SECTION 18.5.1.050 Type [Procedure (Administrative Decision with Notice) E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision. F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below. 1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision. 2. Reconsideration requests shall be received within five days of triailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter, 1 If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. 4If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following: I . 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'Appeal. Any person with standing to appeal, as provided in subsection 18.5.1,050.G.], above, may appeal aType 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 conirnunity organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing 01- upon subsequent appeal, the fee for the initial hearing shall be refUlIded. b. "1 in F, ding. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed, c. Cera lent ql'Notice, (�f 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 aplical, iv, A statement dernonstrating that the appeal issues were raised during the public comment period. d, The appeal requirements of this section must be fully met or the appeal will he considered by the City as a jurisdictional defect and will not be heard or considered. 3, Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and arguments. The Commission may allow additional evidence, testhriony, or argument concerning any relevant ordinance provision, 4. Appeal Hearing procedure. I tearings on 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 the Planning Commission is the final decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the adopted arid 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 541A88-5305 51 WinbUrn Way Fax: 541-552-2050 Ash&d, Oregon 97520 TTY: 800-735-2900 lyww.asliland.or.us 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 1E 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 Review 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 -Tl -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 Service/TJ-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 18.5.3.090.8 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.1.g 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, B, C, and D below. The approval authority may, in approving the application, impose conditions of approval, consistent with the applicable criteria. A. Underlying Zone:. The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3). C. Site Development and Design Standards. The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. D. City Facilities. The proposal complies with the applicable standards in section 18.4.6 Public Facilities, and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, PA -T1-2021-00139 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 18.5.3.190.13 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 18.2.2.030, Uses Allowed by .Zone, for zones where marijuana -related businesses are allowed. See definition of marijuana -related businesses in part 18.8. 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 -T1-2021-00139 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. f=urthermore, 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. Maduana Laboratories Processing, Production and Wholesale. [omitted as not relevant to this application] 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. L 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 182.3.190.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.B be abided to for so long as the PA -T1-2021-00139 2366 Ashland St/aa Page 5 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. 5) 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. May 27 2021 Bill Molnar, Director Date Department of Community Development PA -T1-2021-00139 2366 Ashland St/aa Page 6 1 0" 0 X#11,1115M R 1 0 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 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. �41YI a 1,4 4 1,/% j f � �`?',i'I Signature of Employee C:1UsLr.Whamiltop11Olockiments44shlanC2366_PA-Tl-2021�00139_hFFIDAVIT OF MAUNG.dou 5Q712021 PA -T1-2021-00139 391E14AB 500 PA -T1-2021-00139 391E14AB 500 PA -T1-2021-00139 391E14AB 500 BP PRODUCTS NORTH AMERICA INC BP PRODUCTS NORTH AMERICA INC CULLEN/BECK PROPERTIES LLC 150 W WARRENVILLE RD 2380 ASHLAND ST 574 WASHINGTON ST NAPERVILLE, IL 60563 ASHLAND, OR 97520 ASHLAND, OR 97520 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 Haynes 1068 Elkader 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 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 1314-8 Center Dr PMB 457 Medford, OR 97520 2366 ASf Addressee I Sitee Add, Format 18 addresE pIW,14� Planning Department, 51 Winbud , i Way, Ashland, Oregon 97520 CITY OF rt" a 541-488-5305 Fax: 541-552-2050 wwwashland.orms TTY: 1-800-735-2900 -ASHLAND NOTICE OF APPLICATION ■ 1 k1i 11 MMMIN OWNER/APPLICANT: Rogue Planning & Development for SJDM LLC DESCRIPTIO W 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 we0, 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 -1i; ASSESSOR'S MAP #: 391E14AB; TAX LOT: 500 Subject Property V.1101 IrAIVA ell, ITINUM OVER AcfiansTAsby SlrcetWAstdand SCrecl\AshLindStFed_2366\Ashl;rpuI 2306 PA-TG-MI-00139\NOCNAshland 2366PA-11-2021-00139 -NOCdoex (; The Ashland Planning Division Staff, received a complete application for the pi, , arty noted on Page 1 of this notice. Because of the COVI D-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 A copy of the application, including all documents, evidence and applicable criteria are available online at "What's Happening in my City" at https://g!is.ashWand.or.us/developniient�proposals/. Copies of application materials will be provided at reasonable cost, if requested. Under extenuating circumstances,, applicatlon materials may be requested to be reviewed in-person at the Ashland Community Development & Engineering Services Building, 51 Winburn Way, via a pre -arranged appointment by calling (541) 488-5305 or emailing planni ioccbashiand.or,us. Any affected property owner or resident has a right to submit written comments to planning25La�shland.�or,us or to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date 'shown on Page 1. 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,. Fallure 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.Ahderso�nash _land.or. Lis . 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 applicaUe 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 18A.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. EExcoption to the Site Dovelop�vent and Design Standards: The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist, 1, There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2. There is no demonstrable difficulty in meeting the specific requirements,, but granting the exception will result in a design that equally or better achieves the stated purpose of the Slte Development and Design Standards. (,i.icaimin-dev\pVannin,lPlanning AcfionsTM by RreetW Ashland Street�AshlaiitiSiveet_2366\Ashand,, 236(,,,PA-T'l-2021-0013MOCAshland .2366,.PA-11-2021-OU139 NOCA�x MARIJUANA -RELATED USES 18.2.3.190 B. Marijuana -Related Businesses. 1. Marijuana'relatedbusinesses may require Site Design Review under chapter 18,5.2oveConditional Use Permit under chapter 18.5.4, See Table 1822.030 — 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 ofthe following requirements. a The business must be located in a permanent building and may not locate in a trailer, cargo container, or motor vehicle. Outdoor marijuana production, cultivation, and storage of merchandise, raw materials, or other material associated with the business are prohibited. b. Any modifications to the subject site or exterior of a building housing the business must be consistent with the Site Design Use Standards, and obtain Site Design Review approval if required by section 18.5.2.020. Security bars or grates on windows and doors are prohibited. c. The business must provide for secure disposal of marijuana remnants or by-products; such remnants or by-products shall not be placed within the business' exterior refuse containers. d. Light and Glare, Shield lighting systems and use window coverings to confine light and glare from light systems associated with indoor cultivation so as to confine light and glare to the interior of the structure. Grow light systems within a greenhouse are prohibited, e. Building.Cocle, Any structure, accessory structure, electrical service, plumbing, or mechanical equipment (e.g., lighting:, fans, heating and cooling systems) assodated with a business shall satisfy the Building Code requirements and obtain all required building permits prior to installation, t 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 ofdetermining 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 tothe 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, kitchmns, rest rooms, and storerooms. 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 orfederal 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 Vrotherwise subject the City to enforcement to comply with laws in contradiction to tile continued operations of the business mnpermitted under section ���, 190, h. & marijuana -related business must obtain anapproved license or registration from the State of Oregon and meet all applicable Oregon Revised Statutes and Oregon Administrative Rules, 2. |naddition hothe standards described insubsection 18,2 3.190.B.1, above, msr�umnmlaboratories, processing, production, and wholesale shall meet the following requirements msapplicable, See definition ofmarijuana processing and production inpart 18.6. a. Marijuana laboratories, processing, production, and whole -sale shall be located 200 feet or more from residential zones. b. MariiUana Production, l. Marijuana production shall be limited to 5,000 square feet of gross leasable floor area per lot, Q. Amarijuana production facility shall bvlocated more than 1,OOUfeet from another marijuana production facility, See subsection 1823L190.13. 1.f for methodology for measuring the required distance between marijuana related -businesses. c. Manivana Wholesale. A marijuana wholesale facility shall be located more than 1,000 feet from another marijuana wholesale facility. See subsection 'I 823190H 1. f for methodology for measuring the required distance between marijuana related -businesses. 3, Mariivana Retail Sales. |naddition mthe standards described above inSubsection 18.2�.1 90\H 1.marijuana retail sales shall meet the following requirements. See definition nfmarijuana retail sales inpart,18UG. m. 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 uaallowed above |nSubsection . must belocated 280feet ormore from eresidential zone and are Subject toaConditional Use Permit under chapter i8.5.4. 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 donot need tobeseparated by1^00Ofeet if located together in one building if the configuration meets all applicable OegonRaviaadStatuhemandOmgnmAdmimixtrativeRm|e*.Nomorethanhmuragiotrationaur||oensee|anuadbythnStateofOregon/e.g..a medical dispensary registration and a recreational sales license) may be located in, one building, See subsection 18,23,190,BAJ 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. 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 57520, 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. ;Ze 44 , tel. � k Signature of Employee G:lcomm-deulplanning4Planning AdonsTAs by StreebA\Ashland SVeeMnhlandStreet_23661Ashland_2386_PA-Tt-2021-00139WOClAshland_2366_PA-Tt-2621-00133_Afrofmailing.docx 411 512 6 21 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 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 Domes 1068 Mader Ashland, OR 97520 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 A TRUSTEE E 4295 SW BEN HOGAN DR REDMOND, OR 97756 2366 Ashland St 04/15/2021 NOC 16 Go to avery.com/templates Use Awiy Tr:mplate 51t30 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 Allez a avery.ca/g>aharits Ut'Flise7le Gabarit Avery 5160 i P,✓'I Planning Division ZON�ING PERMIT APPLICATION mi 5 1. Winburn Way, Ashland OR 97520 PA -TI -2021-00139 CITY Of FILE # ASHLAND 541-488-5305 Fa�x 541-488-6006 DESCRIPTION OF PROJECT Site — ' for a SpeciaL etail Use Bermitnnri DESCRIPTION OF PROPERTY Conditio I Use Permit for food truck court Pursuing LEED(§ Cedfication? 0 YES 1Z NO Street Address 2366 Ashland Street Assessor's Map No. 391 E 14AB Tax Lot(s) E0_0 Zoning C-1 Comp Plan Designation —Q-ommer -r; Ay Rogue Planning & Development Services, LLC 541-951-4020 &Mail amygunter.planning@gmaii.com VMfe Phone Address 1314-B Center Dbr., PMB 45,7 city Medford _ Zip 97501 !gas] 9511 a IN-41IT1111 I 9L, Name SJDM INC Phone 05-300-3650 E -Mail sonnydejarla@yahooxomusreal@pharmersrnarketorcom Address - White City Zi 97503 _jr,5 IndLLStd,-LCdWjeja_ City SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title Contractor —Name Steve Asher Phone 541-210-3027 Address 1068 Elkader Street Title Address Phone city E -Mail asherhoms@gmail.com — Zip 97520 E -Mail — Zip I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are In all respects, true and correct I understand that all property pins must be shown on the drawings and visible upon the site inspection, In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility, I further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I produced sufficient factual evidence at the hearing to support this request, - 2) that the findings of fact fumishedjustifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are property 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. 1/21/2020 Applicant's Signature Date As owner of the property involved inI uest, I have read and understood the complete application and its consequences to me as a property owner. / /PT llm Date ['o be completed by City Stall] Date Received 2.18,202 1 Zoning Permit Type Type I Filing Fee$ $3434 00 " & H'nd'utslzpbiog Permit Applica6omdoc ece Rived 2.18.2021 0�"com"'_"v'P'om'iogT' W&MPlanning Division 51 Winburn Way, Ashland, OR 97520 Was— 11 541488-5305 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 PROPOSED Applicant: Asher Haynes Property owner: SJDM INC Valuation Estimate Prepared by: Estimator Phone: fi-/ – Estimator Email:`r�.!-1'.i,���{ *Building permit valuations shall be based upon the Uniform Fee rnethodnlogies as established by OAR 918-050-0100. Received 2.1 8.2021 SITE DESIGN REVIEW TO ALLOW SPECIAL PERMITTED 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 Subject 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 Deceived 2.18.2021 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 Rld 2.18.202"1 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 Colibri. 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 SO -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 fayade or Multiple building facades shall Occupy a large rnq:Iority of a projeet'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 fogode does not occupy a large majority of the project's street frontage. The, existing structures fa�ode width is less than 56 feet wide on the front wall of the building, extending to a point on the botwing owning. The front wall of the structure is setback more than 60 feet from the front property line. The existing building and proposed building fogodes 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 ofood truck court, seating area, community gathering area and outdoor venue for the new outdoor dining normal. The existing paved surfaces will be sow 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 fagode, 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 from 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 7of19 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 ZOOO SF and a food truck court are similar too or less than the sites previous Uses GS ofueling station, automobile repair, U -Haul Rental with small automobile parts retail portion. 2. Streetseape. One street tree chosen frorn 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 I 8.4.4.030.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 it Least ten feel in width shall buffer buildings adJacerit 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 PL13-scant to chapter 111.4.4, 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 offive 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 I -Received 2. 18,.2021 4. Designated Creek 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 a building area is expanded by 25 percent, then 25 percent of the site must be brought up 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 rock for two, covered bicycle parking spaces under the batwing owning 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. 2365 Ashland Street Site Review & Conditional Use Permit February 18, 2021 Page 9 of 19 Received 2.1 8.2021 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.C.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 former 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-swole 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 18.4.6 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. 2366 Ashland Street Site Review & Conditional Use Permit February 18, 2021 Page 10 of 19 Received 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 far. 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 a four -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. 18.4.6.020.13 for an Exception to Street Standards: 1. T..xcgption to the Street Desi Standards. The approval authority may approve exceptions to the standards section in 1 8,4,_6_,.0.4.0 Street Design Standards if all of the following circumstances are found 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 difficulty in meeting the specific requirements of this chapter due to a unique Or unusual aspect of the site or proposed use of the site. 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 Received 2.18.2021 provided that will be proportional to the increase in building area on the site and trip generation to and from the site. b The 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 O 6 to avoid the required right in Iright out driveway at the AM/PM, superior, safer transportation facilities are being provided. i. For transit facilities and related improvements, access, wait tirne, 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., comfort level of bicycling along the roadway), and frequency of conflicts with vehicle cross traffic. A dedicated bicycle lone with signal light was installed during the freeway interchange improvements that were mode in 201212'013. iii. For pedestrian facilities, feeling of safety, quality of experience (i.e,, cornfort 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 rninimurn necessary to alleviate the difficulty. 2366 Ashland Street Site Review & Conditional Use Permit February 18, 2021 Page 12 of 19 Received 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 woy ie. 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 I SA.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 G 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 18.4.6.040.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 & Conditional Use Permit February 18, 2021 Page 13 of 19 F"'%Zeceived 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 18.2.3.190.13.1 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 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. 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 2.1 8.2021 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. 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. 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. 9. The property owner shall record a declaration which waives any claire or right to hold the City liable for darnages 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 18,23.190. The property owner will not hold the City liable far damages that they may suffer from state or federal enforcement actions.. 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 3. Marijuana Retail Sales. In addition to the standards described above in subsection 18.2.3.190.8.1, marijuana retail sales shall meet the following requirements. See definition of marijuana retail. sates in part 18.6. a, Location. i. Marijuana retail sates are allowed if located on property with a boundary line aqjacent to a boulevard. 2366 Ashland Street Site Review & Conditional Use Permit February 18, 2021 Page 16 of 19 Received 2.18. 2,021 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 under 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 sates 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 soles, 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 can 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 t,al'g(=,t Use of the zone, pursuant with subsection rff I'-' 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. c. 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 30,000 square foot parcel for the comparison purposes of the conditional use permit seeks a. 35 Floor Area Ratio of 10,444. "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 Ashland Street Site Review & Conditional Use Permit February 18, 2021 Page 18 of 19 Received 2. .202 The proposed food truck court will generate substantially fewer vehicle trips cy 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 pert -nit 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. 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. d. C- 1. The general retail commercial uses listed in chapter F§—.' A Base Zones and Allowed , Uses, developed at an intensity of 0.35 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 a .3'5 Floor Area Ratio of 1(7,444.7 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 Received 2. 18.2021 [,ZOZ'q�-� P8,A1009�:j 23GG A5HLAND 5T ASHLAND ST. 39 1 E I 4-500 DISF�NSARY fO A-5MLAND, M 975 AB OD 20 TRUCKS 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 -T1-2021-00139 Apply Date: 2/1812021 N1a &.Tax Lot Pro srt: Adtliress 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 PMS 457 Address: Medford, OR 97501 Phone: (541) 951-4020 Tvpe 1 Sitee design review for special retail use permit & CUP for food truck court I 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 C1 T Y OF Planning Division 51 VVinburn Way, Ashland, OR PRE -APPLICATION CONFERENCE APPLI�'J ,ASHLAND 97520 JTII� �.- 0 �16 �_Wl ME Project Description Site Review to modify non -conforming site, CUP for food truck court APPLICANT Amy Gunter, Rogue Planning & Development Services, LLC Name Phone 541-951-4020 E -Mail aai I a unter.planningagmail.corn Address 33 N Central Avenue, Suite 213 Name SJDM INC Address 355 Industrial Drive Street Address 2366 Ashland City Medford City White C M. zip 97503 Assessor's Map No, 391 E 1418 Tax Lot(s) 500 SUBMITTAL REQUIREMENTS To request a pre -application conference, submit this form with two sets of scalable plans, one large format 24"06" and one no larger than 11"W". Include the following information plus your submittal fee of $142.25 (check, Visa, MasterCard or cash accepted): 1, Completed Application. 2. Narrative— Provide a written description of proposal and request. (If in Historic District, provide pictures of existing structures, elevations of proposed Structures and details of planned exterior design features and materials) 3. Site Plan — The site plan should contain all applicable elements in the Site Plan Checklist (see reverse) plus any other Information pertinent to this proposal. The site plan will be checked to insure all applicable information is included at the time the pre -application date is set. 4. Additional information - Provide, in the narrative or with the site plan: I ) Number of acres in development 2) Total gross square footage of all structures 3) Number of stories on each structure 4) Indicate number of and square footage of: a) Dwelling Units (include the units by the number of bedrooms in each unit-- e.g, 191 -bedroom, 25 2 -bedroom, etc) b) Office Spaces c) Retail Units d) Other Spaces 5) Percentage of lot coverage by: a) Structures e) Landscaping b) Streets & Roads f) Number of parking spaces c) Parking Areas/Driveways g) Total square footage of landscaped areas, d) Recreation Areas h) Other pertinent information of the proposed development k S. LEEDO Certification — Indicate whether project will be pursuing LEED@ certification. k"), 6. Submittal Fee Pg.3 of 6 RECEIVED BY EMA. JJN41an,1wWA1iJ2Q2%QmaSDN RPM Submifial Requirements FY2017-18 AMC 18.2.3.190.8.1 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 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. All modifications to the structure are consistent with the Site Design and Use Standards. The exterior modifications do not require a Site Design Review permit. The site is non -conforming with many aspects of the Site Design and Use Standards, ail proposed site improvements are intended to provide a better environment for customers, pedestrians and far 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. 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„ 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. Building permits for any lighting, fans, heating and cooling systems will be obtained. 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 th/re premises is all public and private enclosed areas within a building at the location that a the business operation, including offices, kitchens, rest rooms, and storerooms. The site is mare than 1,000feetfrom any other marijuana related business.g. The property owner shall record a declaration which waives any claim or right tCity liable for damages they or a tenant may suffer from state or federal enforcement 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. 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. 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. Marijuana retail sales are allowed if located on a property with a boundary line adjacent to a boulevard. The property is adjacent to Ashland Street, Oregon State Highway bb, which is classified as a boulevard in the City of Ashland Transportation System Plan. H. 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. 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. 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 marked improvement to the Ashland Street corridor. 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 traffic control measures will greatly enhance the site while not preventing or impeding the future, larger site re -development. Orientation, scale, setback, building design, materials, etc. are not being modified with this proposal. As shown on the site plan, there is significant area to the east of the building (more than 15,000 sf) where a future building could be located near the street with the parking at the rear. Temporarily, a food truck court use is proposed. City of Ashland Community Development Department 51 Winburn Way Ashland, OR 97520 Telephone: 541-488-5305 Inspection Line: 541-552-2080 Pian Type: Pre -Application Review Work Class: Pre-ADDlication Review PREAPP-2020-00234 Apply Date: 10/19/2020 Fee Description: Amount: Pre -Application Fee $142.25 Applicant: Date: Totsai $142.25 391 E14AB500 2366 Ashland St Fee Description: Amount: Pre -Application Fee $142.25 Applicant: Date: Totsai $142.25