HomeMy WebLinkAboutWinburn_51 (PA-2010-00425)
CITY Of
ASHLAND
May 17,2010
City of Ashland/Ashland Parks & Recreation
20 East Main Street
Ashland, OR 97520
Notice of Final Decision
On May 14, 20 I 0, the Staff Advisor for the Ashland Planning Division administratively approved your
request for the following:
PLANNING ACTION: 2010-00425
SUBJECT PROPERTY: 51 Winburn Way & Calle Guanajuato
OWNER/APPLICANT: City of Ashland/Ashland Parks & Recreation
DESCRIPTION: A request for a modification of the existing Conditional Use Permit for the Lithia
Artisans Guild to allow the expansion of weekend open air artisans' market booth spaces into the paved
parking area for the Community Development and Engineering Services Building at 51 Winburn' Way.
This modification would provide space to shift booth spaces to the parking area and is intended to facilitate
outdoor dining and business access for businesses fronting on Calle Guanajuato. COMPREHENSIVE
PLAN DESIGNATION: Commercial Downtown; ZONING: C-I-D; ASSESSOR'S MAP #: 39 IE 09BB;
TAX LOT: 7500 & 14800.
The Staff Advisor's decision becomes final and is effective on the 13th day after the Notice of Final
Decision is mailed.
Prior to that date, anyone who was mailed this Notice Of Final Decision may request a reconsideratio}l of
the action by the Staff Advisor as set forth in the Ashland Land Use Ordinance (ALUO)
18.1 08.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in the ALUO
18.1 08.070(B)(2)( c).
An appeal may not be made directly to the Land Use Board of Appeals. 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 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.
The application, all associated documents and evidence submitted, and the applicable criteria are available
for review at no cost at the Ashland Community Development Depa11ment, located at 51 Winburn Way.
Copies of file documents can be requested and are charged based on the City of Ashland copy fee
schedule.
If you have any questions regarding this decision, please contact the Department of Community
Development between the hours of 8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305.
cc: Parties of record and propelty owners within 200 ft
DEPT. OF COMMUNITY DEVELOPMENT
20 E, Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-488-5305
Fax: 541-552-2050
TTY: 800-735-2900
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ASHLAND PLANNING COMMISSION
FINDINGS & ORDERS
PLANNING ACTION: #2010-00425
SUBJECT PROPERTIES: 45-49-51 Winburn Way & Calle Guanajuato
APPLICANT: City of Ashland/Ashland Parks & Recreation
DESCRIPTION: A request for a modification of the existing Conditional Use Permit for the Lithia
Artisans Market to allow the expansion of weekend open-air artisans' market booth spaces into the paved
parking area for the Community Development and Engineering Services Building at 5 i Winburn Way. This
modification would provide space to shift eight to ten booth spaces to the parking area and is intended to
facilitate outdoor dining and business access for businesses fronting on Calle Guanajuato.
COMPREHENSIVE PLAN DESIGNATION: Commercial Downtown; ZONING: C-I-D;
ASSESSOR'S MAP #: 39 IE 09BB; TAX LOT: 7500 & 14800
SUBMITTAL DATE:
DEEMED COMPLETE DATE:
STAFF APPROVAL DATE:
DEADLINE TO REQUEST A HEARING DATE:
FINAL DECISION DATE:
APPROVAL EXPIRATION DATE:
April 7, 2010
April 21, 2010
May 14,2010
May 29,2010
May 30,2010
May 30, 2011
DECISION
The application involves a request for a modification of the existing Conditional Use Permit for the Lithia
Artisans Market to allow the expansion of weekend open air artisans market booth spaces into the paved
parking area for the Community Development and Engineering Services Building (CDESB) located at 51
Winburn Way. This modification would provide space to shift eight to ten booth spaces to the CDESB
parking area and is intended to facilitate outdoor dining and business access for businesses fronting on Calle
Guanajuato.
The subject properties are located at 45,49 and 51 Winburn Way, the sites of the Community Development
and Engineering Services Building and Calle Guanajuato, which is land overseen by the Ashland Parks &
Recreation Department providing pedestrian access, limited vehicular access to businesses, and outdoor
dining space along Ashland Creek within the C-I-D Downtown Commercial District. The parcel directly
impacted by the expansion is at 51 Winburn Way, and is irregularly shaped withalot area of approximately
0.42 acres. The Calle Guanajuato parcel is located north of 51 Winburn Way between Winburn Way,
Granite Street, and North Main Street; is irregularly shaped; and has a lot area of approximately 1.2 acres.
51 Winburn Way contains the Community Development and Engineering Services Building, which houses
city offices including the Planning, Building, Conservation, Public Works and Engineering Services
Divisions. At the north end of the parcel is a small parking lot containing four parking spaces (three
standard, and one ADA accessible space). The Calle Guanajuato parcel contains a significant stretch of
Ashland Creek, its floodplain, and riparian corridor, and the associated urban stream channel improvements
installed following flooding in 1997. At the southern end ofthis parcel is a public building containing public
restrooms and a trash and recycling enclosure for the CDESB and for Plaza area businesses. On the west
PA #2010-00425
45-49-51 Winburn Way & Calle Guanajuato/dds
Page 1
side of the creek, there is an unpaved walking trail extending from the CDESB out to North Main Street,
along with riparian plantings and limited outdoor park seating between the creek and the sloped area leading
up to the Granite Street residential neighborhood. On the east side of the creek, the Calle itself contains a
paved right-of-way behind the Plaza businesses which provides for pedestrian and limited delivery vehicle
access, as well as outdoor seating for Plaza restaurants. The Calle has also accommodated the Lithia
Artisans Market, a seasonal open-air arts market, on weekends during the spring and summer since
approximately 1983.
The subject property is located within the Downtown Commercial District and the Skidmore Academy
Historic District. Because the proposal does not involve any construction or modifications to the existing
building or site and only entails a shifting of a limited number of artisans' market booth spaces in a long-
established artisans market, the scope of the review is fairly limited to considering the potential impacts of
this modification in light of the Conditional Use Permit approval criteria.
The application materials note that the success of the Calle for seasonal outdoor dining by adjacent
restaurants has created the need to revisit the space allocation between the weekend marketplace and the
seven-day a week outdoor dining during the April through November outdoor season. The materials
provided indicate that the request is to facilitate additional outdoor dining table, maintain access to other
businesses with frontage on the Calle, and would allow the placement of eight to ten booth spaces in the
existing parking area.
The proposed expansion is consistent with the retail uses permitted within the C-I-D zoning district,
however due to the seasonal and temporary nature of the use (weekends only, April through November) the
proposal requires a Conditional Use Permit. The application notes that the adopted 1988 Downtown Plan
emphasizes the benefits of seasonal outdoor marketplaces, outdoor and sidewalk dining and live music and
performances as enhancements of the pedestrian experience which contribute to Ashland's unique appeal.
The application materials note that no additional public facilities are required for the proposal, and
emphasize that pedestrian and public safety transportation access will be maintained during the use period.
The application notes that the market is made up of approximately 40 booth spaces, all of less than 100
square feet each and ofless than ten feet in height, and open on one side. The application suggests that these
types of booths are consistent with the vibrant, pedestrian dominated space of the Calle, with existing
outdoor seating, and proximity to the downtown and Lithia Park.
The market currently includes space for musical entertainment, primarily acoustic or with low levels of
amplification and proposes to continue this as an accessory to the primary market use for their patrons and
for the general public. No light or glare is associated with the Market since its operations are limited to
daylight hours.
The application notes that vendor parking limitations are defined in the license agreement between the
artisans and the Parks and Recreation Department, and that vendors are prohibited from parking on Winburn
Way or Granite Street other than for set-up and takedown of booth spaces. The license agreement also
includes provisions requiring trash pick-up and maintaining the general cleanliness of the area.
In considering the request, staff noted that the existing parking lot provides parking for city vehicles during
business hours, and these spaces are available as public parking during the evenings and on weekends.
PA #2010-00425
45.49-51 Winburn Way & Calle Guanajuato/dds
Page 2
However, because the subj ect property is located within the C-l- D Commercial Downtown zoning district,
there is no parking required either for the existing building or for the market. As proposed, the spaces
would become unavailable on weekends during the market season. In discussing the loss of these parking
spaces with the most immediately adjacent restaurant owner at Sesame, it was noted that the spaces are often
taken by their employees on the weekends and they felt that any impact of the loss of these three to four
spaces was more than outweighed by the benefits to the restaurants, businesses and vendors of the Calle.
While the new Community Development Building is not considered a resource, the subject property is
located within the Skidmore Academy Historic District. The Historic Commission reviewed the proposal at
their May 5, 2010 meeting and unanimously recommended that it be approved as submitted.
During the comment period following the notice of complete application, one letter was received in support
of the proposal from Hal Cloer, property owner at 10 Guanajuato Way. Cloer notes that the placement of
outdoor dining tables outside this property has made retail use of the property impracticable, and expresses
his appreciation for the efforts of the Parks and Recreation Department for trying to move the diners and
mitigate the issue.
In Staff's opinion, the approval criteria for Conditional Use Permit approval are more than met by the
proposal. There is no construction or physical modification proposed to the site, and the proposed shifting of
a limited number of vendor booths to the Community Development and Engineering Services Building's
parking lot has the benefit of better accommodating outdoor dining on the Calle, while improving access to
businesses which front on the Calle, and providing vendor booth space with improved exposure to Winburn
Way.
The criteria for Conditional Use Permit approval are described in AMC Chapter 18.104.050 as
follows:
A. 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.
B. That adequate capacity of City facilities for water, sewer, paved access to and
through the development, electricity, urban storm drainage, and adequate
transportation can and will be provided to and through the subject property.
C. 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. 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:
1. Similarity in scale, bulk, and coverage.
2. Generation of traffic and effects on surrounding streets. Increases in
pedestrian, bicycle, and mass transit use are considered beneficial
regardless of capacity of facilities.
3. Architectural compatibility with the impact area.
4. Air quality, including the generation of dust, odors, or other environmental
pollutants.
P A #2010-00425
45-49-51 Winburn Way & Calle Guanajuato/dds
Page 3
5. Generation of noise, light, and glare.
6. The development of adjacent properties as envisioned in the Comprehensive
Plan.
7. Other factors found to be relevant by the Hearing Authority for review of the
proposed use.
The application with the attached conditions complies with all applicable City ordinances.
Planning Action P A #2010-00425 is approved with the following conditions. Further, if anyone or more of
the following conditions are found to be invalid for any reason whatsoever, then Planning Action P A #2010-
00425 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 specifically
modified herein.
2) That all conditions of the original planning approval shall remain in effect unless specifically
modified herein.
3) That public pedestrian access to and from the Alice Peil Walkway, trash and recycling facilities, and
public restrooms shall be maintained. The approved area to accommodate booth spaces within the
parking lot shall be bounded by the curbs on the east and west sides, by the driveway apron to the
south, and by the crosswalk to the north. No booth spaces or associated storage shall extend into the
sidewalks or crosswalks, and pedestrian access to and through the parking lot shall be maintained at
all times.
4) That an approximate 12- to 15- foot width fire apparatus access way be maintained through the center
of the parking area to provide for pedestrian access to the Alice Peil Walkway and to the trash and
recycling facility, and to provide for emergency vehicle access by the Fire Department and city utility
departments to access utility installations behind the Community Development and Engineering
Services Building.
5) That no booth or other market use shall be placed within the existing handicapped accessible parking
space or off-loading aisle without prior approval by the Building and Engineering Divisions.
6) That no booth spaces or associated merchandise storage shall be placed within existing landscaped
areas.
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irector
f Community 'Development
May 17.2010
Date
PA #2010-00425
45-49-51 Winburn Way & Calle Guanajuato/dds
Page 4
ASHLAND HISTORIC COMMISSION
Type I - Plan Review Comments
May 5, 2010
PLANNING ACTION: 2010-00425
SUBJECT PROPERTY: 51 Winburn Way & Calle Guanajuato
APPLICANT: City of Ashland/Ashland Parks & Recreation
DESCRIPTION: A request for a modification of the existing Conditional Use Permit for the Lithia Artisans
Guild to allow the expansion of weekend open air artisans’ market booth spaces into the paved parking area
for the Community Development and Engineering Services Building at 51 Winburn Way. This modification
would provide space to shift booth spaces to the parking area and is intended to facilitate outdoor dining and
business access for businesses fronting on Calle Guanajuato.
COMPREHENSIVE PLAN DESIGNATION: Commercial Downtown; ZONING: C-1-D; ASSESSOR’S MAP
#: 39 1E 09BB; TAX LOT: 7500 & 14800
Commission Recommendations:
The Commission recommended approval of the application as submitted.
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Cloer
815 Greek Stone Way
Ashland, OR 97520-9118
(541) 482-8364
May 4, 2010
To:
Ashland Planning Division
From:
Hal Cloer, Owner, 10 Guanajuato Way
Re:
Planning Action 2010-00425
I would like to express my appreciation to Ashland Parks and Recreation
for its attempt to improve access to 10 Guanajuato Way by attempting to move the
current screening of its entrance by an array of restaurant diners.
The renter of 10 Guanajuato way, Dona Zimmerman, had planned to
resume a retail operation at that site on weekends , prior to the rental of the area
in front of the building for outdoor dining. The array of diners in front of the
building has now made those plans impracticable.
There is personal irony connected with the destruction of the viability of
this business site from competing uses of its frontage in that I strongly supported
the extension of Lithia Park along the creek (as a member of "The Committee of
50" in the late 60' s), in the face of opposition from the City Council.
Owner of the properties on the Plaza were assured in 1969 that if they sold
the back of their lots to the city there would be no interference with business
operations. Most property owners have accepted the reality that on the weekends
that the Lithia Artisans Market is operating they have very limited access to the
backs of their businesses for maintenance, restocking, etc. Plus, the Tree House
Bookstore and Websters businesses loses parking places on those weekends.
10 Guanajuato Way is the front entrance to what until now has been a very
viable business property. The Websters started there, Pilaf started there, it was a
very successful Wine and Cheese Shop, , and it housed the Blue Star Gallery at
one time. With the current loss of exposure, no sensible business person would
attempt to operate in that location. The reality is that the current uses of the
frontage of the building has "taken" a very tangible value from the property.
I appreciate the efforts of Parks and Rec to try to somewhat mitigate that
"taking. "
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51 Winburn Way & Calle Guanajuato
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Planning Department, 51 Winburn Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www:ashland.or.us TTY: 1-800-735-2900
CITY OF
LAN
NOTICE OF APPLICATION
PLANNING ACTION: 2010-00425
SUBJECT PROPERTY: 51 Winburn Way & Calle Guanajuato
OWNER/APPLICANT: City of Ashland/Ashland Parks & Recreation
DESCRIPTION: A request for a modification of the existing Conditional Use Permit for the Lithia Artisans Guild to
allow the expansion of weekend open air artisans' market booth spaces into the paved parking area for the
Community Development and Engineering Services Building at 51 Winburn Way. This modification would provide
space to shift booth spaces to the parking area and is intended to facilitate outdoor dining and business access for
businesses fronting on Calle Guanajuato. COMPREHENSIVE PLAN DESIGNA nON: Commercial Downtown;
ZONING: C-1-D; ASSESSOR'S MAP#: 391E 09BB; TAX LOT: 7500 & 14800.
NOTE: The Ashland Historic Commission will also review this Planning Action on May 5, 2010 at 6:00 PM in the Community
Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: April 22, 2010
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: May 6, 2010
The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland,
Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the
application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning
Division 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
18.108.040)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this
application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right
of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes
your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval
with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and
will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering
Services Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
G:lcomm-devlplanninglNotices Maiied\20 1 0\20 1 0-00425 ,doc
CONDITIONAL USE PERMITS
18.104.050 Approval Criteria
A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform
through the imposition of conditions, with the following approval criteria,
A. 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.
B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm
drainage, and adequate transportation can and will be provided to and through the subject property.
C. 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. 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:
1. Similarity in scale, bulk, and coverage.
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are
considered beneficial regardless of capacity of facilities:
3. Architectural compatibility with the impact area.
4. Air quality, including the generation of dust, odors, or other environmental pollutants,
5. Generation of noise, light, and glare.
6. The development of adjacent properties as envisioned in the Comprehensive Plan.
7. Other factors found to be relevant by the Hearing Authority for review of the proposed use.
G:\comm-dev\planninglNotices Mailed\20 1 0\20 1 0-00425 .doc
CITY OF
ASHLAND
Application
For
Modification of Existing
Conditional Use Permit
Applicant: City of Ashland/Ashland Parks & Recreation Dept
Property Owner: City of Ashland
Taxlots of Use: 39 1 E 09BB 7500 (existing, Calle Guanajuato)
39 1 E 09BB 14800 (proposed additional, 51 Winburn Wy)
Application Type: Type I Modification of Conditional Use Permit(CUP) for expanded
Booth spaces into the paved parking area on adjacent City owned
parcel addressed as 51 Winburn Way
Requested
Hearing Date:
May11th,2010
Project Description and Back~round
The Calle location has been utilized consistently since 1983 for weekend open-air arts
and crafts markets. Over the years, the market has expanded and contracted, always
remaining on the Calle, but extending into the Water 8t viaduct area and also for a short
time into the Hillah Temple parking lot (now the City Community Development
Department building at 51 Winburn Wy)
The open-air market, currently operated by the Lithia Artisans Guild, consists of.
individual vendor booth spaces along the east side of Ashland Creek along Calle
Guanajuato each weekend between April 1 8t and November 15th The operation is
governed through a license agreement with the Ashland Parks & Recreation
Commission with fees charged on vendor booth square footage.
The success of the Calle for seasonal outdoor dining by the adjacent restaurants has
created the need to revisit the space allocation between the weekend marketplace and
the seven day a week outdoor dining during the April through November outdoor
season.
Administration
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541/552-2046
Fax:541~488-5311
TTY: 800/735-2900
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Request
To facilitate additional outdoor dining tables and maintain access to other businesses
with frontage along the Calle, several of the restaurants, business owners and the
Artisans Guild inquired to the City and the Parks Department about the possibility of
expanding the approved operating space. The site proposed includes a portion of the
asphalt parking lot at the City of Ashland Community Development Department site
across Ashland Creek immediately west of the southernmost end of their currently
approved spaces.
The expansion location currently provides five daytime parking spaces (4 standard, one
ADA) for City employees during the week and timed parking for the general public in the
evenings and weekends.
The proposed use of the parking lot would provide space for 8 to 10 booths, which
would provide rolighly the equivalent number of booth spaces lost due to the re-
allocation of space for outdoor dining along the Calle. Pedestrian access to and
through the Alice Peil Walkway to Granite Street would not be obstructed, nor would
any pedestrian access to'the public restrooms or pathways along Ashland Creek on the
west side of the creek.
All requirements of the existing CUP would extend to the proposed expansion locations,
including Fire Code requirements, signage limitations, vendor parking limitations, public
access, days and hours of operation, etc and the operation of the area would be
included as an addendum to the existing lIicense between the Lithia Artisans Market
and the Ashland Parks and Recreation Commission.
Conditional Use Permit Criteria
AMC 18.104.050
A. 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 and City, State or Federal
law or Program
The proposed expansion is consistent with retail uses within its C-1-D zone.
Additionally, the parking area being used by the market is not required parking for the
Community Development Building as it is also zoned C-1-D, which requires no off-street
parking. Due to the seasonal and temporary nature of the use (weekends only), the
retail use requires a conditional use permit.
B. That adequate capacity of City facilities for water, sewer, paved access to and
through the development, electricity, urban storm drainage, and adequate transportation
can and will be provided to and through the subject property.
The proposed expansion does not require any additional public services and pedestrian
and public safety transportation access will be maintained during the use period.
Administration
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541/552-2046
Fax:541~488-5311
TTY: 800/735-2900
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C. 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. 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.
1. Similarity in scale, bulk and coverage
The market is made up of roughly 40 booth spaces, all less than 100 square feet each,
less than 10 feet in height, and open on at least one side and present an overall scale
consistent with the pedestrian dominated space.
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian,
bicycle and mass transit uses are considered beneficial regardless of capacity of
facilities
The downtown plaza/Lithia Park area is the most highly trafficked pedestrian area in
Ashland and the Market use provides an outdoor shopping and strolling opportunity for
residents and visitors and integrates well with the outdoor dining and other retail
offerings of the permanent businesses along the Calle and the downtown in general.
Vendor parking limitations are defined in the license agreement and prohibit vendors
from parking on Winburn Way and Granite Street, other than for initial set up and take
down of their booth spaces.
.3. Architectural compatibility with the impact area
As a temporary use, the Market has no permanent architectural imprint on the Calle or
pinposed parking lot location. The vibrant booth colors and merchandise display
provide an inviting atmosphere to the pedestrian experience.
4. Air quality, including the generation of dust, odors, or other environmental pollutants.
The Market creates no additional environmental impacts on the Calle or proposed
parking lot location. The license agreement does include provisions for trash pick up
and general cleanliness of the area.
5. Generation of noise, light and glare.
The Market currently includes space for musical entertainment, primarily acoustic or
with low levels of amplification and proposes to continue that as an accessory to the
primary market use for their patrons and the general public No lighting is associated
with the Market since its operation is limited to day light hours.
Administration
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541/552-2046
Fax:541~488-5311
TTY: 800/735-2900
rA'
~. The development of adjacent properties as envisioned in the Comprehensive Plan.
The Market utilizes already developed public areas and the temporary nature of the use.
ensures that any redevelopment of the Market area is in no way precluded.
7. Other factors found to be relevant by the Hearing Authority for review of the
proposed use.
Overall, it is the intent of the City and the Parks Commission to utilize our community
gathering places, such as the Plaza, the Calle and the Black Swan Plaza in ways that
benefits our residents, businesses and visitors and, as noted in the most current
adopted Downtown Plan (1988), seasonal outdoor marketplaces, outdoor/sidewalk
dining and live music and performances can enhance the pedestrian experience and
contribute to Ashland's unique appeal.
Administration
20 E. Main Street
Ashland, Oregon 97520
www.ash1and.or.us
Tel: 541/552-2046
Fax: 541-/488-5311
TTY: 800/735-2900
rA'
2009-2013 CALLE GUANAJUATO MARKETPLACE
USE PERMIT & SERVICE CONTRACT
The Ashland Parks and Recreation Commission may from time to time grant to a marketplace
promoter, i.e. operator, through a use permit and service contract, the right to use and occupy, under
the terms set forth below, that portion of Calle Guanajuato designated by the Ashland Parks and
Recreation Commission. The use under this permit and contract shall be for the sole purpose of sale
by vendors selected by the Marketplace promoter which is created' and handcrafted by the market
vendors or performing artists and which meet the Calle Guanajuato Marketplace Promoter's
Guidelines, including the right to erect on Marketplace space a structure to protect and display such
merchandise.
I. INDEMNIFICATION: The Calle Guanajuato Marketplace promoter shall defend,
indemnify and hold the City of Ashland and the Ashland Parks and Recreation Commission,
their officers, agents and employees harmless from and against all losses, claims, actions,
liabilities, costs, judgments, or other damages to any Marketplace vendor, participant or other
person of whatsoever nature, or in any way related to this permit and contract, the operation
of the Marketplace, or other agents, officers and contractors arising out of or incident to this
use permit and service contract. In the event any such action or claim is brought agaip.st the
City and the Commission, the Marketplace shall, if the City and the Commission so elects
and upon tender by the City and the Commission, defend the same at the Marketplace
promoter's sole cost and expense, promptly satisfy any judgment adverse to the City and the
Commission or to the City and the Commission, and the Marketplace, jointly, ,and reimburse
the City ,and the Commission for any loss, cost damage or expense, including attorney fees,
suffered or incurred by the City and the Commission. The Marketplace is not required to
indemnify the City and the Commission for damages caused solely by the negligence of the
City and the Commission, their officers, agents, or employees.
II. INSURANCE: The Calle Guanajuato Marketplace promoter shall, at its bwn expense, at all
times during the duration of this use permit and service contract, maintain in force the
insurance coverages specified as follows: a comprehensive general liability policy
including coverage for contractual liability for obligations assumed under this use permit and
service contract, blanket contractual liability, products and completed operations, owner's
and contractor's protective insurance and comprehensive automobile liability policy
including owned and non-owned automobiles. The liability under each policy shall be a
minimum of $500,000 per occurrences (combined single limit for bodily injury and property
damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence
for property damage. Such limit shall automatically increase in the event of any change in
the provisions of ORS 30.270, or in the event these limits are found to be not totally
applicable to a city. Each policy shall contain a contractual liability endorsement to cover the
Marketplace's indemnification obligations under this use permit and service contract.
Certificates of insurance acceptable to the Ashland Parks and Recreation Commission shall
be filed with the Commission prior to the commencement of any activities by the Calle
Guanajuato Marketplace promoter under this use permit and service contract, and at any time
thereafter during the duration of this permit and contract when any insurance policy required
by these provisions is renewed or renegotiated. Written verification shall be required of the
Marketplace promoter to provide documentation that the insurance policy is in effect. Unless
otherwise specified, each policy shall be written on an "occurrence" form with an admitted
insurance carrier licensed to do business in the state of Oregon and shall contain an
endorsement entitling the City and the Commission to not less than 30 days' prior written
notice of any material change, non-renewal or cancellation. The City of Ashland and the
Ashland Parks and Recreation Commission, its officers, employees and agents shall be
named as additional insureds, in a form satisfactory to the City and the Commission, and
expressly providing that the interest of the City and the COl:nmission shall not be affected by
the Marketplace's breach of each policy's provisions.
In the event the statutory limit of liability of a public body for claims arising out of a single accident
or occurrence is increased above the combined single limit coverage requirements specified, City
and Commission coverages to the statutory limit for such claims and to increase the aggregate
coverage to twice the amount of the statutory limit. The adequacy of all insurance required by these
provisions shall be subject to approval by the City's Risk Manager. Failure to maintain any insurance
coverage required by this permit and contract shall be cause for immediate termination of this
agreement by the City of Ashlmi.d and the Ashland Parks and Recreation Commission.
III. SPECIAL TERMS ARE AS FOLLOWS:
A. MARKETPLACE FEES: The Marketplace promoter will pay to the Ashland Parks and
Recreation Commission a square footage fee of $ per square foot. This will be for a
five (5) 'year use permit & service contract with the duration beginning each and
concluding each for the following years: 2009, 2010, 2011, 2012 & 2013.
B. BOOTH FEES: Each Calle Guanajuato Marketplace vendor may use and occupy a market
space designated by the Marketplace' promoter and allocated by the Ashland Parks and
Recreation Commission as useable market space on Calle Guanajuato and agrees to furnish
everything necessary for its marketing ventures. For actual booth space use on Calle
Guanajuato, each vendor shall refer solely to the Calle Guanajuato Marketplace promoter for
site determination and payment. The Marketplace promoter retains all booth fees and all
rights to booth fee price setting.
C. APPLICATION FORM and REGISTRATION/JURY FEES: Each Marketplace vendor
will be required to complete and sign a Calle Guanajuato Marketplace application form with
the Marketplace promoter. At the time the application is submitted a (current) registration fee
and current non-refundable jury fee will both be collected by the Marketplace promoter in the
form of two (2) separate checks. Both of these fee charges are set and retained by the
Marketplace promoter. An individual vendor application form will be kept on file by the
Marketplace promoter for the duration of the current market season which shall be available
to the Ashland Parks and Recreation Commission upon request.
D. GROSS RECEIPTS: The Calle Guanajuato Marketplace promoter shall maintain and keep
proper account books, records and other papers pertaining to Marketplace gross receipts per
season. All Marketplace promoter books, records and other papers shall be held available at a
location reasonably accessible to the Ashland Parks and Recreation Commission, who maY-in
turn inspect these during reasonable times to verify promoter's and/or vendors' gross sales
receipts.
For each Marketplace day hereafter that the Ashland Parks and Recreation Commission
grants use of a Calle Guanajuato market space to the Calle Guanajuato Marketplace
promoter, the terms of this permit and contract shall be effective. The Ashland Parks and
Recreation Commission shall have no obligation to hereafter grant such a use permit and
service contract.
E. THE FOLLOWING SHALL IN ALL CASES BE BINDING UPON THE PARTIES:
1. This use permit and service contract is valid only for five (5) Saturday/Sunday ,market
seasons beginning each and ending each for the years 2009-2013. Any
default by the Calle Guanajuato Marketplace promoter and/or vendor(s) of this use permit
and service contract shall be cause for revocation of the use permit and service contract by
the Ashland Parks and Recreation Commission.
2. The Ashland promoter shall not assign, sublease or in any way transfer the use permit and
service contract; any attempt to do so shall result in the immediate termination of this use
permit and service contract by the Ashland Parks and Recreation Commission.
3. The federal and special statues or ordinances regarding public health, safety and welfare, and
use of the Calle Guanajuato market space in a reasonable and non-offensive manner subject
to the policies and rules of the Ashland Parks and Recreation Commission in effect on date of
use.
4. The Calle Guanajuato Marketplace shall be operated in accordance with the Marketplace
Promoter's Proposal and Marketplace (promoter's ) Vendor's Information Handbook
submitted to and approved by the Ashland Parks and Recreation Commission prior to any
confirmation of this use permit and service contract.
5. The Calle Guanajuato promoter (vendors) shall not set up booths, tables and/or other
mechanisms for selling prior t07:00 a.m. during the designated market season(s). This time
will be strictly enforced and any deviation and/or violation may result in immediate
cancellation of the use permit and/or market vendor's space allocation. The Marketplace day
will conclude at 7:00 p.m.
Weekend selling hours will be:
Sat. 10 a.m. - 6 p.m.
Sun. 11 a.m. - 5 p.m.
6. The Calle Guanajuato Marketplace promoter may allow each market vendor to construct a
structure in accordance with size and safety specifications as found in the Calle Guanajuato
Marketplace (promoter's) Vendor Information Handbook. All booths shall be kept neat with
tables covered and boxes out of sight. The Marketplace promoter shall, at all times, ensure
that such structures shall not encroach upon or obstruct public walkways or open space areas
while maintaining a clear 8- foot pathway for emergency vehicles as approved by the City of
Ashland fire chief. Each fire hydrant shall have a clear, unobstructed space maintained
around it as required for fire safety. The Marketplace promoter shall further have available
such fire extinguishers as determined by the fire chief. All market vendors shall also abide by
the "no smoking" rules near Calle buildings and within market booths vicinities.
The Marketplace promoter shall promptly see to the removal of any offensive structure upon
request of the Ashland Parks and Recreation Commission. Any violation of these fire and
structure safety requirements may result in immediate cancellation of the use permit and
service contract, and/or market vendor's space allocation. The Marketplace promoter and
market vendors shall be required to meet, annually, with the City of Ashland Fire Department
in order to identify and coordinate fire safety regulations for the market on Calle Guanajuato.
7. The Calle Guanajuato Marketplace promoter shall not allow market vendors to use any
bottled gas, electrical devices, or hazardous materials without prior approval by the Ashland
Parks and Recreation Commission. Permission shall also be obtained from the Commission
prior to any type of sign and/or marking placed on Calle Guanajuato for market purposes.
The Marketplace promoter(vendors) shall not injure or in any way deface Calle Guanajuato
premises and shall not cause or permit anything to be done whereby such premises may in
any maniler be injured or defaced. The Calle Guanajuato Marketplace promoter shall
indemnify and hold the Ashland Parks and Recreation Commission harmless from all
damages for injury to the premises or permitted by the Marketplace promoter.
8. The Ashland Parks and Recreation Commission will allow no more than 3 vehicles at a time
on the Calle for set-up and removal of Artisan Market. Both ingress and egress for vehicles
will be only off Winburn Way. Vehicles will not enter or exit from the plaza end of Calle
Guanajuato; nor will they extend beyond the area designated for Marketplace use. The
Commission will reserve the right to revoke the vehicle access at any time. At no time will
the Marketplace promoter, vendors and/or plaza merchants interfere with the 8-foot path
required for emergency vehicles.
The Marketplace promoter will be responsible for monitoring vehicle access and shall do so
in such a manner as not to cause traffic congestion nor to disrupt free movement along the
8-foot emergency vehicle pathway. The Marketplace promoter shall also be held accountable
for insuring that appropriate pedestrian safety precautions are maintained.
''\-
9. The Calle Guanajuato Marketplace promoter shall be responsible to see that vendors refrain
from utilizing the following prohibited parking locations: Granite Street and Winburn Way.
The promoter will also maintain a vehicle license number list of all market vendors which
shall be made available to the Commission upon request.
11.
The Marketplace promoter shall provide refuse receptacles as needed to keep the Calle area
in a clean and neat order during the Marketplace hours of operation, and shall have the refuse
. collected as soon as possible consistent with normal operations of the sanitary service. The
Marketplace shall refrain from using any trash receptacles which belong to or are along any
ofthe plaza business establishments.
12. The Calle Guanajuato Marketplace promoter shall operate the Marketplace and cause the
market vendors, their assistants and/or family members to operate and interact with plaza
business establishments' in a manner that will not conflict with access and/or business
functions on Calle Guanajuato.
13. The Ashland Parks and Recreation Commission assumes no responsibility whatever for any
Calle Guanajuato Marketplace property placed upon Calle Guanajuato premises. The
Marketplace promoter agrees to indemnify the Ashland Parks and Recreation Commission
against all loss and damage to market vendors' property sustained by reason of occupancy by
the market vendors of the premises or any portion hereof.
14. Should the Calle Guanajuato Marketplace promoter (vendor(s) at any time occupy the
premises in a manner contrary to this permit and contract, or. any policies and rules of the
Ashland Parks and Recreation Commission, or in any manner which is hazardous or
offensive to the public, other market vendors, and/or plaza business merchants, upon request
of'the Commission, the Marketplace promoter (vendor(s) shall immediately cease such
conduct. Failure to immediately conform one's conduct as requested shall be cause for
revocation of this use permit and service contract, and/or a market vendor's space allocation.
Upon revocation, the Marketplace promoter (vendor(s) shall promptly vacate the Calle
Guanajuato premises. Upon failure to vacate, the Ashland Parks and Recreation Commission
is authorized to remove all Marketplace promoter's and/or market vendor(s) property from
the premises at the Marketplace promoter's expense. The Ashland Parks and Recreation
Commission is relieved and discharged from all loss of damage occasioned by such removal,
and shall not be responsible for safe-keeping of property so removed.
15. Failure or delay of the Ashland Parks and Recreation Commission to require performance of
any provision of this permit and contract shall not limit the right to later enforce that or any
other provision.
16. In the event of any action to enforce or interpret this use permit and service contract, the
prevailing party shall be entitled to recover from the losing party reasonable attorney fees
incurred in the proceeding, as set by the court, at trail, on appeal or upon review.
17. This permit and contract by reference includes the provisions contained within the (current)
Calle Guanajuato Marketplace (promoter's) Vendor Information Handbook, the (current)
Marketplace Promoter's Proposal and related Ashland Parks and Recreation Commission
communication. Such provisions may be periodically revised by the Ashland Parks and
Recreation Commission during the Calle Guanajuato Marketplace season. It is the
responsibility of the Marketplace promoter to be aware of and comply with all Ashland Parks
and Recreation Commission policies and rules.
18. Plaza restaurants shall have sole rights to serve food or edibles of any type whether hot, cold,
freshly prepared or packaged and/or beverages on Calle Guanajuato. No other Plaza business'
merchant, any commercial establishment and merchant, or 2009-13 Calle Guanajuato
Marketplace and/or Calle Guanajuato Marketplace vendor shall be allowed to serve any type
of prepared or packaged food or edible and/or beverage on Calle Guanajuato.
That is: It shall be unlawful for any person to sell, offer for sale, expose for sale or solicit
offers to purchase any food or edible product of any kind on any portion of Calle Guanajuato
except if a person is a plaza restaurant owner and is duly licensed and issued an Ashland
Parks and Recreation Commission's restaurant site permit or is an employee of this owner
who is duly licensed and has been issued a restaurant site permit in accordance with the
"Restaurant Site Permit Agreement" set forth by the Ashland Parks and Recreation
Commission.
Any person attempting to so without duly being issued a City of Ashland (restaurant)
business license and a Commission restaurant site permit shall be required to immediately
cease all such activity by the Ashland Parks and Recreation Commission.
It should be further clarified that the Ashland Parks and Recreation Commission asks the
Calle Guanajuato Marketplace promoter to convey to all Calle Guanajuato Marketplace
vendors that food, edibles and beverages may be pre-ordered, delivered and consumed at
Calle Guanajuato with the understanding that all payments to the solicited, delivering
establishment(s) and/or merchant(s) be made outside of Calle's boundaries.
IV. INTEGRATION: This use permit and service contract embodies the entire agreement of the
parties. There are no promises, conditions or obligations other than those contained herein.
This permit and contract shall supersede all prior communications, representations or
agreements, either oral or written, between the parties. This permit and contract shall riot be
amended except in writing, signed by both parties.
Prom time to time the parties may choose by mutual consent to. modify the contract. Such
modification will be made by addenda which will become a part of the agreement the same as
though it had been an original part of the agreement. Such addenda shall be dated and signed by
both parties and attached to the original agreement.
V. INTERPRETATION: This use permit and service contract shall be governed by and
interpreted in accordance with the laws of the state of Oregon. The parties to this permit and
contract do not intend to confer on any third party any rights under this contract.
VI. TERMINATION: Notwithstanding any other provision hereof to the contrary, this use
permit and service contract may be terminated as follows:
A. The parties, by mutual written agreement, may terminate this use permit and service contract
at any time.
B. Either party may terminate the agreement by written notice personally delivered or upon
deposit in the United States mail, postage fully prepaid, certified, return receipt requested,
addressed to:
Commission: Ashland Parks and Recreation Commission
340 South Pioneer Street
Ashland, Oregon 97520
Marketplace: Lithia Artisans Market of Ashland
Attn: Marcus Scott
P.O. Box 3585
Ashland, OR 97540
or such other address as either party may provide to the other by notice given in accordance
with this provision.
C. The Commission or Marketplace promoter may terminate this permit and contract at any
time or for any reason upon not less than 60 days written notice pursuant to paragraph VI B,
in advance ofthe termination date.
.D. Upon termination of this use permit and service contract, the Calle Guanajuato Marketplace
promoter shall yield up the Calle Guanajuato Marketplace site in as good order and condition
as when the same was first allocated to the Marketplace promoter.
VII. EFFECTIVE DATE: The effective date of this Calle Guanajuato use permit and service
contract shall be the latest date of signature by the parties. "
By signing below, the Calle Guanajuato Marketplace promoter agrees to the terms set forth above by
the Ashland Parks and Recreation Commission.
ASHLAND PARKS AND RECREATION
COMMISSION
CALLE GUANAJUATO
MARKETPLACE PROMOTER
By:
(Signature)
By:
(Signature)
(Print or type name)
(Print or type name)
Title:
Title:
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ZONING PERMIT APPLICATION
FILE # rP It - ;;2 OJ tJ- 60 LJ c:< 5-
Planning Department
51 Winburn Way, Ashland OR 97520
CITY OF
ASHLAND 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT mod ;.t/'r! a-f Ilnt +D EX/STI t~ Cu P
DESCRIPTION OF PROPERTY
5 I lA/I n b U If V1 lAJ+ V
I
Assessor's Map No. 39 1 E OC} 8 c.. -~
Street Address
Tax Lot(s)
e-.;2 I 0 0
Zoning
Camp Plan Designation
/",
l~(!>lt<?/'ii 0';/""',',,, .;t.'tl
Name
City
Zip ,., 7\j~ "2.
Address 2 L\ I[;;/,fl ,.j!hl i'V)
Name
Phone
Zip
Address .2 0
~::;"\r /. /Vlc~J!')
SURVEYOR. ENGIMEER. ARCHITECT. LANDSCAPE ARCHITECT. OTHER
Title
Name
Phone
E-Mail
Address
City
Zip
Title
Name
Phone
E-Mail
Address
City
Zip
I hereby cerlify 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 properly 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 furlher 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 supporl this request;
2) that the findings of fact furnished justifies the granting of the request;
3) that the findings of fact furnished by me are adequate; and furlher
4) that all structures or improvements are properly located on the ground.
Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be removed a~r~~~s~ If I have any doubts, I am advised to seek competent professional advice and assistance.
/~t~;15'</~_. Yh~c'!
Applicant's Signature Date
quest, I have read and understood the complete ap lication and its consequences to me as a property
917--
fro be completed by Cily Staff]
Date Received
1-/-7 -/()
Zoning Permit Type
I
OVER ~~
(i-\rnn1l1,~rl"'\I\nl~llni"IJ\Fl1rm<; R. H~nrinlll<;\7nl1inll P/"rmi, ^""Ii(.:tlinll Fnrm rlllr
Job Address:
Owner's Name: CITY OF ASHLAND Phone:
Customer #: 05666 State Lic No:
CITY OF ASHLAND City Lic No:
Applicant:
Address:
Sub-Contractor:
Phone: Address:
Applied: 04/07/2010
Issued:
Expires: 10104/2010 Phone:
State Lic No:
Maplot: 391 E09BC2100 City Lic No:
DESCRIPTION: Modification to existing CUP - Expand arts & crafts fair into City parking lot (bill Parks & Admin)
COMMUNITY DEVELOPMENT
20 East Main 51.
Ashland, OR 97520
www.ashland.or.us
Tel: 541-488-5305
Fax: 541-488-5311
TTY: 800-735-2900
Inspection Request Line: 541-552-2080
CITY OF
ASHLAND