HomeMy WebLinkAboutA_485_PA-2011-00244
May 2, 2011
To: City of Ashland
Enclosed are plan & elevations and construction details of food unit (for building permit).
All plans, elevations, details, and KAS Engineering Analysis for deck enclosure have been previously
submitted with Pre-application of 1/25/11 and again with Planning Action of 3/02/11 (for structural
permit).
Applicants: Steve & Kathy Hoxmeier
435 B Street Ashland, OR
/
CITY OF
AS LAN
April 21, 2011
Steve & Kathy Hoxmeier
435 B St
Ashland OR 97520
Notice of Final Decision
On April 21, 2011, the Staff Advisor for the Ashland Planning Division administratively approved your
request for the following:
PLANNING ACTION: 2011-00244
SUBJECT PROPERTY: 485 A Street
APPLICANT: Steve Hoxmeier
DESCRIPTION: A request for a Conditional Use Permit and Site Review approval to convert an
unenclosed rear porch to interior business space and to operate a seasonal, outdoor food cart at 485 A St.
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39
IE 09AB; TAX LOT: 6500
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 afFinal Decision may request a reconsideration 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 Plmming Commission as provided in the ALUO
18.1 08.070(B)(2)( c). '
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Mobile Food Unit IFood Cart
Countertop is 2" Maple laminated
Walls, floor, ceiling constructed with W' plywood panels affixed to 2"x2" Framing Struts
Sanded, primed, caulked, and enameled.
Exterior walls (S & E elev.) composed of White Oak cabinetry
Exterior walls (N & W elev.) veneered with WR Cedar
(3) 6" wheels
List of all necessary equipment:
(2) Ice cream makers
(1) Freezer
(1) Refrigerator
(1) 3-compartment sink
(1) Handwashing sink
(1) HW Heater
(1) Drinking water tank
(1) Dishwashing water tank
(1) Wastewater tank
(1) Pump
Environmental Public Health
ChAd Petersen, REUS
Environmental Health Specialist II
1005 E. Main Street
Medford. OR 97504
Phone: 541-774.8206
Fax: 541-774-7987
petersca@jacksoncounty.org
re n
April 29, 2011
Steve Hoxmeier
475 A Street
Ashland, OR 97520
Dear Mr. Hoxmeier:
Thank you for submitting your plans for your proposed mobile unit IDA's. I have reviewed your
plans and see that you list a 5 gallon fresh water holding tank for hand washing and a separate 30
gallon tank for ware washing on the unit. The water for hand washing and ware washing can be
combined into one tank and do not need to be separate tanles if you so wish. OAR 5-304.11
states that a Class IV mobile unit must have a potable water system under pressure. The system
must be of sufficient capacity to furnish enough hot and cold water for food preparation, ware
washing, and hand washing, and the requirements of these rules. On your plans you also state
that the waste water tank capacity is 10 gallons which is not large enough. OAR 5-401.11 states
the waste water holding tank must be at least 10 to 15 percent greater capacity than the fresh
water tank(s). Please submit a revised plan with any changes that may be made.
In reviewing your menu you note that you will be making ice cream with one of the ingredients
being eggs. In order for raw eggs to be used in the ice cream making process the egg solution
must be brought to a proper cooking temperature of 145 degrees (OAR 3-401.11) or an approved
pasteurized egg product can be substituted for raw shell eggs (OAR 3-302.13). If eggs will be
used in your ice cream a recipe must be submitted to the Health Department for review.
Please be advised that if you plan on setting up your unit in a permanent location it will be
necessary to have any approv!;\ls needed from the 10eal eitv/county authorities for site 31')01'ovaJ,
?nce c?l1struction has been completed we will need to schedule a time to do a pre-opening
l1lSpe~tIOn, P!ease contact me.so that we can schedule a date and time, If you have any
questIOns dunng the constructIOn process or have questions in general please feel free to contact
me at 774-8206, /7'
SinCe,relY'~ ~./",~,' I!'.r/. ..,1,'
/;/ j!.rf!.. .........,...'..'.".-....-;;>
ditjltr)-_/~/'
enad pe~~l1, R.S.
Environmental Health Specialist II
CITY OF
ASHLAND
April 21, 2011
Steve & Kathy Hoxmeier
435 B St
Ashland OR 97520
Notice of Final Decision
On April 21, 2011, the Staff Advisor for the Ashland Planning Division administratively approved your
requ~st for the following:
PLANNING ACTION: 2011-00244
SUBJECT PROPERTY: 485 A Street
APPLICANT: Steve Hoxmeier
DESCRIPTION: A request for a Conditional Use Permit and Site Review approval to convert an
unenclosed rear porch to interior business space and to operate a seasonal, outdoor food cart at 485 A St.
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39
1E 09AB; TAX LOT: 6500
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 reconsideration of
the action by the Staff Advisor as set forth in the Ashland Land Use Ordinance (ALUO)
18.108.070(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 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.
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 property 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
rj.1
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: 2011-00244
SUBJECT PROPERTY: 485 A Street
APPLICANT: Steve Hoxmeier
DESCRIPTION: A request for a Conditional Use Permit and Site Review approval
to convert an unenclosed rear porch to interior business space and to operate a seasonal, outdoor
food cart at 485 A St:
COMPREHENSIVE PLAN DESIGNATION: Employment;
ZONING: E-1; ASSESSOR'S MAP: 39 IE 09AB; TAX LOT: 6500
SUBMITTAL DATE:
DEEMED COMPLETE DATE:
STAFF APPROVAL DATE:
FINAL DECISION DATE:
APPROVAL EXPIRATION DATE:
March 4, 2011
March 23,2011
April 21, 2011
May 4,2011
May 4, 2012
DECISION:
The application is a request for a Site Review approval to enclose a rear porch area to interior
business space and a Conditional Use Permit approval to operate a seasonal, outdoor foot cart for
the property at 485 A Street. No additional modifications to the existing building or site beyond
the proposal are . being considered with this application, and ~ny future development or
modification of the site would require a separate Site Review application.
The subject property is located on the northwest comer of the intersection of A Street and Fourth
Street, within the Railroad Addition Historic District and just south of the Southern Pacific
Railroad right-of-way. The lot itself was part of the Southern Pacific Railroad property that was
partitioned in 1993, and comprises approximately 14,982 square feet in area. The site is
relatively flat and has no significant natural features. The eastern portion of the site currently
contains a mixed-use building oriented toward Fourth Street. The building has served as a yoga
studio and retail space for some time, and is considered "non-historic/non-contributing" in the
Railroad Addition Historic District inventory document. This building was originally constructed
in 1995 at 1,104 square feet, and was supplemented with an addition consisting of 924 square
feet of downstairs commercial space and 924 square feet of upstairs residential space that was
approved as part of Planning Action #2000-120. The proposed addition is to the rear of the
building which was added in 2000.
The addition will add approximately 72 square feet to th~ rear of the structure adjacent to the rear
property line facing the railroad right of way to the north. The applicant has proposed to
construct the enclosure with the same materials including siding and window materials that
match the existing structure. The applicant has also proposed to extend the existing walkway to
the rear addition. The existing structure and site comply with the Site Review chapter and the
Site Design and Use Standards and the proposed addition will also comply. Utilities exist on the
P A #2011-00244
485 A St./adg
Page 1
parcel to serve the existing uses and the proposed addition of 72 square feet will not have a
greater impact.
The application also includes a request for a Conditional Use Permit to have an outdoor food and
beverage stand. Mobile food units, fixed food carts, concession stands, etc. require a Conditional
Use Permit for a Temporary Use. The 'food carts' are considered temporary because the use
operates seasonally. The mobile food unit is proposed to be located under the existing arbor /
trellis which is attached to the south side of the building facing A Street within the plaza area on
the comer of the lot facing A Street.. The temporary use also includes tables, chairs for seating.
The applicant states that the hours of operation will be afternoons and early evenings. The
Planning Commission has found that in similar applications vending carts were interpreted to be
an amenity which would enhance the pedestrian environment, a letter staff received in support of
this application anticipates that enhancement. Typically, temporary uses do not include
permanent structures and were situated so that customers would stop briefly. This proposal will
have a permanent countertop bar structure within the existing gazebo area which will conceal the
mobile food unit.
The proposed location for the mobile food unit is an area that directly adjacent to the area of the
parcel set aside of the future development of a commercial building. If and when that structure is
constructed the food unit will be reevaluated with regards to how it will function in conjunction
with the future uses of the property.
The applicant has proposed a 2 x 5 foot ground sign board. Since there is an existing ground sign
for the Yoga Center, no additional ground signs would be permitted. The mobile food unit could
have one 'wall or awning' sign which would be limited to the proposed 10 square feet as
proposed in this application. A separate sign permit is required to address the location, size and
materials comply with the Ashland Municipal Code 18.96.
If the applicant wants to serve beer and / or wine it would need to be with the food as part of the
food business and not be run as a bar with the primary focus on beer, wine or liquor sales. Bars
and nightclubs require Conditional Use Permits in the Employment Zone.
The proposed mobile food unit will not have any greater adverse impacts on the livability of the
impact area than the use of the property as anyone of the number of permitted uses or
conditional uses allowed in the E-1 zone. The property could have a store, manufacturing
facility, restaurant and offices, all of which could generate significantly higher volumes of
traffic, noise and odors than a small mobile food unit. Additionally, the mobile food unit will
likely not increase vehicle traffic but is intended to serve pedestrians and bicyclist which are
considered beneficial.
There are 16 parking spaces not including the on-street spaces to serve the existing and proposed
future uses of the site. Access from the parking area is a raised sidewalk extending from the rear
to the sidewalk along Fourth Stre,et, and a trash and recycling enclosure is situated on the
property's northwest comer. Vehicular access to the parking lot is from A Street via a 20-foot
wide driveway located adjacent to the driveway serving the Grange Co-Op to the west.
P A #2011-00244
485 A St.!adg
Page 2
Overall site and parking lot landscaping meet or exceed required coverage percentages. Access
to existing and future buildings will be from a five-foot walkway along the south and east
perimeters of the parking lot. Covered bicycle parking for four bicycles are provided at the
southeast comer of the lot, with two bicycle spaces located adjacent to the plaza space at the
comer of Fourth and A Streets.
A Street is an Avenue or Collector Street; and Fourth Street is a Neighborhood Street. Both are
paved, with curbs and gutters in place in the vicinity of the subject property, and sidewalks are
installed along the subject property's frontages to satisfy conditions of the previous planning
approval. Utilities including water, sanitary sewer, storm drainage and electric are in place on
the property and in the adjacent rights-of-way to serve the project.
The Historic Commission considered the request at their April 6th, 2011 meeting. Commissioners
noted that the applicant's efforts in the past have been generally well-received and the current
request has the support of neighbors who provided written comments. The Commission noted
that the proposed food cart use would likely increase the level of pedestrian activity near the
intersection of 4th and A Streets, adding to the vitality of the neighborhood. The Commission
recommended approval of the request.
The criteria for Site Review approval are described in AMC Chapter 18.72.070 as follows:
A. All applicable City ordinances have been met or will be met by the proposed
development.
B. All requirements of the Site Review Chapter have been met or will be met,
C. The development complies with the Site Design Standards adopted by the City
Council for implementation of this Chapter,
D. 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 criteria for Conditional Use Permit approval are described in AMC Chapter 18.104 as
follows:
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
P A #2011-00244
485 A St.!adg
Page 3
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.
The application with the attached conditions complies with all applicable City ordinances.
Planning Action #2011-00244 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 #20 11-00244 is denied. The following are the conditions and they are attached
to the approval:
1) That all proposals of the applicants shall be conditions of approval unless otherwise modified
herein.
2) That all conditions of Planning Action #2000-120 and 2007-00579 shall remain in effect
unless specifically modified herein.
3) That all recommendations of the Historic Commission from their April 6, 2011 meeting,
where consistent with the Site Design and Use Standards and with final approval by the Staff
Advisor, shall be conditions of approval.
4) That a structural permit for the enclosure of the deck and a building permit for the mobile
food unit shall be applied for, approved and inspected in accordance with the requirements of
the Building Division and the Jackson County Health Department.
5) That all open flame cooking apparatus including barbeque grills, or other gas cooking
appliances shall be ten (10) feet from all combustibles including overhead.
6) That a 2a 10bc fire extinguisher shall be provided on site and available at all times.
7) That the signage for the mobile food unit be limited to 10 square feet and shall not be a
ground sign. The sign would require a separate sign permit in accordance with 18.96.
8) That prior to the issuance of a building permit:
a) The plans submitted for the building permit shall be in substantial conformance
P A #2011-00244
485 A St./adg
Page 4
with those approved as part of this application. If the plans submitted for the
building permit are not in substantial conformance with those approved as part of
this application, an application to modify the Site Review shall be submitted and
approved prior to issuance of a building permit.
9) That prior to the operation of the mobile food cart:
a) All requirements of the Building Division shall be met and all necessary building
inspections shall be approved.
4/2-14e11
DatJ '
P A #2011-00244
485 A St./adg
Page 5
PA-2011-00244 391 E09AB 9700 PA-2011-00244 391 E09AB 6501 PA-2011-00244 391 E09AB 6604
BRISCOE JAMES CHRISTOPHER BRUNNER PETER B ET AL COMSTOCK PAUL
TRUSTEE ET AL 590 TAYLOR ST PO BOX 35
287 4TH STREET ASHLAND OR 97520 PHOENIX OR 97535
ASHLAND OR 97520
PA-2011-00244 391 E09AB 5300 PA-2011-00244 391 E09AB 6603 PA-2011-00244 391 E09AB 9800
DAVIS CAROL HORN TRSTEE FBO FOWLER GERARD S/REBECCA L GARSON THOMAS L/CYNTHIA H
660 PRIM ST 309 KENT ST POBOX 966
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2011-00244 391 E09BA 14601 PA-2011-00244 391 E09AB 5400 PA-2011-00244 391 E09AB 6500
GRANGE CO-OP SUPPLY ASN INC GREMMELS DAVID L HOXMEIER STEVE/KATHY
POBOX 3637 PO BOX 3606 435 B ST
CENTRAL POINT OR 97502 CENTRAL POINT OR 97502 ASHLAND OR 97520
PA-2011-00244 391 E09AB 9600 PA-2011-00244 391 E09AB 5500 PA-2011-00244 391 E09AB 5200
JONES LARRY D PAPEN FRANK CONRAD TRUSTEE POWELL GARY DEAN
1188 TYLER CREEK RD - 267 MEADE 562 A ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2011-00244 391 E09AB 6502 PA-2011-00244 391 E09AB 9500 PA-2011-00244 391 E09AB 9200
SACHS JAMES D TRUSTEE ET AL THIRD STREET PARTNERS LLC TRES STARS LLC
130 CYPRESS CIR 700 TERRACE ST 243 FOURTH ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2011-00244 391 E09AB 10100 PA-2011-00244 391 E09BA 14800 PA-2011-00244 391 E09AB 5600
TTW LLC UNION PACIFIC RR CO WELCH WILLIAM L TRUSTEE ET AL
117 ALMOND ST 1400 DOUGLAS ST STOP 1640 260 4TH ST
ASHLAND OR 97520 OMAHA NE 68179 ASHLAND OR 97520
PA-2011-00244 PA-2011-00244 20
KAS Associates Inc John Davis, Davis & Cline Gallery 4-22-11 NOD
304 S Holly Street 525 A Street 485 A St
Medford, OR 97501 Ashland OR 97520
Zimbra
Page 1 of3
Zimbra
seversod@ashland.or.ul
-t: Font size -
Re: PLANNING ACTION 2011-00244
From: Derek Severson <seversod@ashland.or.us>
Subject: Re: PLANNING ACTION 2011-00244
To : John Davis <jd@davisandcline.com>
Bee: Amy Gunter <guntera@ashland.or.us>, Derek Severson <seversod@ashland.or.us>
Mon, Mar 28,201111:29 AM
Mr. Davis,
Thank you very much for your comments; they really help staff gain a more comprehensive perspecitive on the proposals we're
reviewing and I'll get them to Amy Gunter, the planner who is working on the project.
If we can provide any additional information or assistance on this project, or other issues, please don't hesitate to contact us.
Derek Severson, Associate Planner
(541) 552-2040 or derek.severson@ashland.or.us
m__ Original Message -----
From: "John Davis" <jd@davisandcline.com>
To: "derek severson" <derek.severson@ashland.or.us>
Sent: Monday, March 28, 2011 9:59:08 AM
Subject: PLANNING ACTION 2011-00244
Dear Derek,
I am responding to the NOTICE OF APPLICATION for planning action 2011-00244, for the property at 585 A Street. As a neighbor and
business owner directly across the street from the subject property I would like to endorse the proposed uses stated in the Notice of
Application.
Mr. Hoxmeier has been a good and respectful neighbor and his improvements to his property have benefited our business. During his
recent building addition, Mr. Hoxmeier built a parking lot and provided additional street parking spaces which freed up parking spaces in
front of my business for my clients. He has also continued to improve his landscaping and the general appearance of his property much
to the benefit of the neighborhood.
I think a food cart would be a great idea, especially if it is available during lunchtime. Many business owners in this area have no nearby
sources for food and this would be a great resource within walking distance for many of us. As far as enclosing a porch for office use, I
believe that this would have no negative impact on the neighborhood or to my business in particular.
Unlike the disastrous Planning Action 2008-01526 which allowed a massive parking variance for a grossly oversized Noble Coffee Shop
and resulted in serious problems for all of our businesses in the Fourth Street area, this proposal seems reasonable and will result in a
solid benefit to the neighborhood.
http://zimbra.ashland.or . us/zimbralhlprintmessage ?id=C: 3 9609
3/28/2011
Zimbra
Page 2 of3
Sincerely,
John Davis
Davis and Cline Gallery
525 A Street
From: Derek Severson <seversod@ashland.or.us>
Subject: Re: PLANNING ACTION 2011-00244
To : John Davis <jd@davisandcline.com>
Mon, Mar 28, 201111:29 AM
Mr. Davis,
Thank you very much for your comments; they really help staff gain a more comprehensive perspecitive on the proposals we're
reviewing and I'll get them to Amy Gunter, the planner who is working on the project.
If we can provide any additional information or assistance on this project, or other issues, please don't hesitate to contact us.
Derek Severson, Associate Planner
(541) 552-2040 or derek.severson@ashland.or.us
----- Original Message -----
From: "John Davis" <jd@davisandcline.com>
To: "derek severson" <derek.severson@ashland.or.us>
Sent: Monday, March 28, 2011 9:59:08 AM
Subject: PLANNING ACTION 2011-00244
Dear Derek,
I am responding to the NOTICE OF APPLICATION for planning action 2011-00244, for the property at 585 A Street. As a neighbor and
business owner directly across the street from the subject property I would like to endorse the proposed uses stated in the Notice of
Application.
Mr. Hoxmeier has been a good and respectful neighbor and his improvements to his property have benefited our business. During his
recent building addition, Mr. Hoxmeier built a parking lot and provided additional street parking spaces which freed up parking spaces in
front of my business for my clients. He has also continued to improve his landscaping and the general appearance of his property much
to the benefit of the neighborhood.
I think a food cart would be a great idea, especially if it is available during lunchtime. Many business owners in this area have no nearby
sources for food and this would be a great resource within walking distance for many of us. As far as enclosing a porch for office use, I
believe that this would have no negative impact on the neighborhood or to my business in particular.
Unlike the disastrous Planning Action 2008-01526 which allowed a massive parking variance for a grossly oversized Noble Coffee Shop
and resulted in serious problems for all of our businesses in the Fourth Street area, this proposal seems reasonable and will result in a
solid benefit to the neighborhood.
Sincerely,
http://zimbra.ashland.or . us/zimbra/h/printmessage ?id=C: 3 9609
3/28/2011
Zimbra
Page 3 of3
John Davis
Davis and Cline Gallery
525 A street
From: John Davis <jd@davisandcline.com>
Subject: PLANNING ACTION 2011-00244
To : derek severson <derek.severson@ashland.or.us>
Mon, Mar 28, 2011 09:59 AM
Dea r Derek,
I am responding to the NOTICE OF APPLICATION for planning action 2011-00244, for the property at 585 A Street. As a neighbor and business owner
directly across the street from the subject property I would like to endorse the proposed uses stated in the Notice of Application,
Mr. Hoxmeier has been a good and respectful neighbor and his improvements to his property have benefited our business, During his recent building
addition, Mr. Hoxmeier built a parking lot and provided additional street parking spaces which freed up parking spaces in front of my business for my
clients. He has also continued to improve his landscaping and the general appearance of his property much to the benefit of the neighborhood,
I think a food cart would be a great idea, especially if it is available during lunchtime. Many business owners in this area have no nearby sources for
food and this would be a great resource within walking distance for many of us. As far as enclosing a porch for office use, I believe that this would
have no negative impact on the neighborhood or to my business in particular,
Unlike the disastrous Planning Action 2008-01526 which allowed a massive parking variance for a grossly oversized Noble Coffee Shop and resulted in
serious problems for all of our businesses in the Fourth Street area, this proposal seems reasonable and will result in a solid benefit to the
neighborhood,
Sincerely,
John Davis
Davis and Cline Gallery
525 A Street
http://zimbra.ashland.or . us/zimbra/h/printmessage ?id=C:3 9609
3/28/2011
Planning Department, 51 WinbUl. .ay, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www,ashland,or,us TTY: 1-800-735-2900
CITY OF
ASHLAN
NOTICE OF APPLICATION
PLANNING ACTION: 2011-00244
SUBJECT PROPERTY: 485 A Street
APPLICANT: Steve Hoxmeier
DESCRIPTION: A request for a Conditional Use Permit and Site Review approval to convert an
unenclosed rear porch to interior business space and to operate a seasonal, outdoor food cart at 485 A St.
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-l; ASSESSOR'S MAP: 39 IE 09AB;
TAX LOT: 6500
NOTE: The Ashland Historic Commission will also review this Planning Action on April 6, 2011 at 6:00 PM in the Community
Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: March 23,2011
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: Apri/6, 2011
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:\comm-dev\planning\Notices Mailed\2011\2011-00244.doc
SITE DESIGN AND USE STANDARDS
18.72.070 Criteria for Approval
The following criteria shall be used to approve or deny an application:
A All applicable City ordinances have been met or will be met by the proposed development.
8, All requirements of the Site Review Chapter have been met or will be met.
C, The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter.
D. 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. All improvements in the street right-of-way shall comply with the Street
Standards in Chapter 18.88, Performance Standards Options.
(ORD 2655,1991; ORD 2836,1999)
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,
8, 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:lcomm-devlplanninglNotices MaiJed\201 1\201 1-00244.doc
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BRISCOE JAMES CHRISTOPHER
TRUSTEE ET AL
2874TH STREET
ASHLAND OR 97520
PA-2011-00244 391 E09AB 5300
DAVIS CAROL HORN TRSTEE FBO
660 PRIM ST
ASHLAND OR 97520
PA-2011-00244 391 E09AB 6501
BRUNNER PETER B ET AL
590 TAYLOR ST
ASHLAND OR 97520
PA-2011-00244 391 E09AB 6603
FOWLER GERARD S/REBECCA L
309 KENT ST
ASHLAND OR 97520
PA-2011-00244 391 E09BA 14601
GRANGE CO-OP SUPPLY ASN INC
POBOX 3637
CENTRAL POINT OR 97502
PA-2011-00244 391 E09AB 5400
GREMMELS DAVID L
PO BOX 3606
CENTRAL POINT OR 97502
PA-2011-00244 391 E09AB 9600
JONES LARRY D
1188 TYLER CREEK RD
ASHLAND OR 97520
PA-2011-00244 391 E09AB 5500
PAPEN FRANK CONRAD TRUSTEE
267 MEADE
ASHLAND OR 97520
PA-2011-00244 391 E09AB 6502
SACHS JAMES D TRUSTEE ET AL
130 CYPRESS CIR
ASHLAND OR 97520
PA-2011-00244 391 E09AB 9500
THIRD STREET PARTNERS LLC
700 TERRACE ST
ASHLAND OR 97520
PA-2011-00244 391E09AB 10100
TTW LLC
117 ALMOND ST
ASHLAND OR 97520
PA-2011-00244 391 E09BA 14800
UNION PACIFIC RR CO
1400 DOUGLAS ST STOP 1640
OMAHA NE 68179
PA-2011-00244
KAS Associates Inc
304 S Holly Street
Medford, OR 97501
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COMSTOCK PAUL
PO BOX 35
PHOENIX OR 97535
PA-2011-00244 391 E09AB 9800
GARSON THOMAS UCYNTHIA H
POBOX 966
ASHLAND OR 97520
PA-2011-00244 391 E09AB 6500
HOXMEIER STEVE/KATHY
435 B ST
ASHLAND OR 97520
PA-2011-00244 391 E09AB 5200
POWELL GARY DEAN
562 A ST
ASHLAND OR 97520
PA-2011-00244 391 E09AB 9200
TRES STARS LLC
243 FOURTH ST
ASHLAND OR 97520
PA-2011-00244 391E09AB 5600
WELCH WILLIAM L TRUSTEE ET AL
260 4TH ST
ASHLAND OR 97520
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JACKSON COUNTY
INFORMATION TECHNOLOGY
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JACKSON
COUNTY
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This map Is based on a digital database
compiled by Jackson County From a variety
of sources. Jackson County cannot accept
responslbily for errors, omissions, or
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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 March 23, 2011 I 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 #2011-00244, 485 A Street.
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G:lcomm-devlplanningIForms & HandoutslAffidavit of Mailing_Planning Action Notice,doc
March 2, 2011
To: City of Ashland Planning Department
Applicants: Steve and Kathy Hoxmeier
435 B Street
Ashland, Oregon 97520
Proposal: At 485 A Street,
1) Enclose lower, trackside deck (7' x 14') ) LZ x: Ie /} d Lue? /1 Lv'l!j .Iv 4 e c k
2) Facilitate a mobile food unit
Enclosed: 1) Site Plan (485 A Street) NW corner of Fourth & A St
3) East, West, and North Elevations
4) Deck and Walkway Plan
Detail, style, and Construction of enclosure & walkway shall match existing bldg..
'Additional Construction requirements for enclosure (provided by JAS Engineering)
Plumbing Contractor: 50S Plumbing
Electrical Contractor: Bear Creek Electrical
Project Name: Mobile Food Unit located a t 4th & A
Narrative for Conditional Use Permit
Applicants/Owners request permission to operate a food and beverage concession at the plaza situated
at the corner of 4th and A Streets. Zoning for this area, E-1 w/ residential overlay allows for
commercial uses including restaurant use.
All utilities (water & electricity) are currently in use and the additional draw of the Unit will be
minimal. Unit hookup will be installed by local Contractors: Bear Creek Electric and SOS Plumbing.
Parking capacity is currently in place to accommodate more than the requirements needed for the
existing and proposed uses. The oversized parking lot and parking bay are also utilized by many
neighboring businesses.
The outdoor dining facility, located away from sidewalks, will be virtually odorless. Menu is focused on
Tea beverages and/or Ice cream. Noise, light, glare will fall under the purview of the adjacent Yoga
Center.
Hours of operation will occur during afternoon/early evening. Exact hours will be presented with
business license application.
The Mobile Food Unit and surrounding plaza will provide unique alfresco dining, and with its corner
entrance, aims to encourage, attract, and cater to pedestrian and bicycle traffic.
With emphasis on arbor/trellis landscape features, the plaza offers more Ashland charm to all
participants of the Railroad District.
"Sign" Details to be submitted with business license application. A 2' x 5' wood signboard is
designated for the plaza's west side. It will serve as a needed landscape element, in addition to
framing future "sign"
Suggestions from Historic Commission Meeting (2/11) are reflected in the enclosed Elevations.
Magueritte Hickman, Division Chief, AFD, has been informed of the Mobile Food Unit proposal.
Mobile Food Unit
Handcrafted Red Cherry countertop w/ Western Red Cedar siding
Class IV (full menu) .
4 -5 Tables, 3-4 Stools, afternoon/early evening hours of operation.
Application to DHS / Environmental Health (MFUP) is pending.
Application to City of Ashland for Business License to follow.
Signage details to be provided if necessary
Utility hookups as req.
Audio authority applied by AYC
Narrative page 2
Submittal Requirements:
3.1) Lot size: 14,982 SF Approx. 1/3 acre. Area of development: 270 SF.
2) 2228 total gross SF of all structures.
3) 2 stories on existing structure, 1 story on storage facility
4)
a) One i-bedroom
b) One office space
c) One retail space
1056 SF
206 SF
528 SF
d) Two other spaces: Studio 1.260 SF. Storage 84 SF.
5) Percentage of lot covered by:
a) Structures: 16%
b) Streets & Roads: N/A (0%)
c ) Parking/Driveways: 4,696 SF 35%
d ) Recreation: N/ A (0%)
e) Landscaping: 4,550 SF 34%
f) Number of parking spaces: 19 (includes parking bay and curbside)
g) Total SF of landscaped areas: 4,550 SF
6) LEED certification? Yes if applicable
ICINITY MAP
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P OJECT DATA
LEGAL DESCRIPTION
TAX LOT 6500, TOWNSHIP 39 SOUTHI RANGE 1 EAST, SECTION 9
COUNTY ASSESSOR'S MAP 09AB
SITUATED AT 485 A STREET, ASHLAND, OR
JURISDICTION
CITY OF ASHLAND
LOT AREA
14,982 SF
ZOI\IING
THIS PARCEL: E..1 WITH RESIDENTIAL OVERLAY
1 WITH RESIDENTIAL OVERLAY
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ZONING PERMIT APPLICATION
FILE # r;;i~O 1/- OOPC.- '1'1
Planning Division
51 Winburn Way, Ashland OR 97520
CITY OF
AS H LAN D 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY
It
s! reef~
Pursuing LEED@ Certification? 0 YES 0 NO
Street Address
Assessor's Map No, 39 1 E
Zoning E -(
&C)DD
Camp Plan Designation ~ Crvu-.
L/~1- / yq) 9 E-Mail
Tax Lot(s)
'2-2:1- g (<83
Name
Address
City
Zip
PROPERTY OWNER
Name :3 (\l/\f\tJL-/
Phone
E-Mail
Address
City
Zip
SURVEYOR. ENGINEER. ARCHITECT, LANDSCAPE ARCHITECT. OTHER
Title
Name
Phone
E-Mail
Address
City
Zip
Title
Name
Phone
E-Mail
Address
City
Zip
I hereby certify that the statements and information contained in this application, inciuding 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 furnished justifies 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 properly located on the ground,
Failure in this regard '!1m result ost likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be remove(gLm,y e ,pep .' If have a.ny doubt~, I am advised to seek competent professional advice and assistanc7e, I
, ~-~-
Applic 1 ign ture Date
roperly inv Ived in this request, I have read and understood the complete application and its consequences to me as a properly
.~ -4-//
Property Owner's Signature (required)
Date
(i} 0-1/
/ (D'/(O,
Filing Fee $
Date Received
~\~\ II
Zoning Permjt Type
[To be compieled by City Staff]
OVER ~~
r. n.~""..."..l" 'H"~ Cn..:....",I..~n"...' r'l,,~l..,~... 7....:.... n__..:. '.._1:.._.:.._ ,.,I.....
Owner's Name: HOXMEIER STEVE/KATHY Phone:
Customer #: 02366 State Lie No:
HOXMEIER STEVE/KATHY City Lie No:
Applicant: 435 B ST
Address: ASHLAND OR 97520
Sub-Contractor:
Phone: Address:
Applied: 03/02/2011
Issued:
Expires: 08/29/2011 Phone:
State Lie No:
Maplot: 391 E09AB6500 City Lie No:
DESCRIPTION: Site Review & CUP
COMMUNITY DEVELOPMENT
20 East Main St.
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