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Home My WebLink About2003-221 Findings - ArmoryBEFORE THE ASHLAND CITY COUNCIL Novcmber 18, 2003 IN THE MATTER OF PLANNING ACTION #2003-105, A REQUEST FOR A CONDITIONAL USE PER_MIT TO ALLOW 6858 SQ.FT. OF THE INTER1OR OF THE NATIONAL GUARD AKMORY FACILITY, LOCATED AT 1420 EAST MAIN ST., TO BE USED FOR A VARIETY OF EVENTS INCLUDING TRADE SItOWS, FLEA MARKETS, COMMUNNITY EVENTS, AND PRIVATE PARTI ES. FINDINGS, CONCLUSIONS AND ORDERS APPLICANT: Oregon Military Department RECITALS: 1) Tax lot 1300 of 391E 1 OD is located at 1420 East Main Street and is zoned SO, with a comprehensive plan designation of Southern Oregon University lands.. 2) The applicant is requesting a Conditional Use Permit to allow a portion of the interior spacc at the National Guard Armory facility (approximately 6,858sq.fl. in area) to be used for a variety of events including Trade Shows, Flea Markets, Community Events, and Private Parties. 3) The criteria for a Conditional Use Permit are described in Chapter 18.104 and are 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 cor~Jbrmance with relevant Comprehensive plan policies that are not implemented by any City, Stale, or Federal law or program. B. Thai adequate capacity of City.facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequale tran.~Toortation 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 qf the proposed use on the impact area, the following.factors ~[' livability of the impact area shall be considered in relation to the target use of the zone; l) Similarity in scale, bulk, and coverage. 2) Generalion of traf, t~c and effects on surrounding streets. Increases in pedestrian, bicTcle, and mass transit use are considered bengficial regardless of capacity qfJbcilities. 3) ~lrchitectural compatibility with the impact area 4) Air quality, including the generation qf dust, odors, or other environmental pollutants. 5) Generation qf noise, light, and glare. 6) The development of adjacent properties as envisioned in lhe Comprehensive Plan. 7) Other factors found to be relevant by the Hearing Authority for review of the proposed use. 4) The Planning Commission, following proper public notice, held a Public Hearing on September 9, 2003 at which time testimony was received and exhibits were presented. The Planning Commission approved the application as presented, with additional conditions of approval pertaining to the appropriate use of the site and hours of operation. 5) An appeal was filed in a timely manner by the Oregon Military Department. The appeal was heard betbre thc Ashland City Council on November 18, 2003 at which time testimony was received and exhibits were presented. The City Council approved the application as presented, with modifications to the conditions of approval attached by the Planning Commission. Now, therefore, The Ashland City Council finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The City Council finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The City Council finds that as no external modifications of the facility are proposed, the proposal will have no impact on bulk, scale or architectural compatibility. 2.3 The City Council finds that site has adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation is provided to the subject property. Additionally the subject property was found to have adequate on-site parking for the intended uses. 2.4 The City Council finds that the original approval in 1987 was for a National Guard Armory, which was indicated by thc Military Department at that time to be used "as a military installation as well as tbr community functions .... "The approved oatright permitted uses for the subject property, therefore, are for a military installation and community functions. These outright permitted uses are not subject to the limitations of hours or numbers of time per month or other conditions imposed on the conditional uses described below. The council interprets these outright permitted uses to include, but not limited to, military activities; and community functions which are to be defined as governmental meetings; educational-, informational-, charitable- and recreational-type community gatherings such as public school graduations, blood drives, holiday meals, non-profit events; and similar community uses and events, where such community functions do not include live or amplified music or alcohol. 2.5. Community functions are to be distinguished from commercial functions because such functions can have different impacts, beyond the large gathering of people, upon the neighborhood. Even community events, where alcohol is served or with live or amplified music, present their own set of adverse impacts distinct from such impacts where they are not present. The council finds that the uses proposed by the applicant involving commercial events (such as those stated in the application: "trade shows, public dances, concerts, flea markets, farmers markets, holiday bazaars, gymnastic clubs and dog clubs") or private events (such as those stated in the application: "baptismals, weddings, birthday parties and anniversary parties") do not constitute "community functions." Because such uses have not been agreed upon in advance by the city as required in section 18.64.030.A, the applicant is required to obtain a conditional use permit for them. In addition, the council interprets those community events where alcohol is served or involving live or amplified music as not constituting "community functions" and are therefor not outright permitted. 2.6. The City Council finds that the nature of the activities proposed adjacent to residential neighborhoods can generate noise adversely affecting these neighborhoods. To minimize this effect so that it does not have a greater adverse material effect than the target use, conditions need to be imposed to limit the hours of operation of the conditional use activities. Comments from the nearby residential property owners indicated that impacts associated with unregulated commercial uses negatively impacted their neighborhood. The conditional use activities are to be limited to 8:00am to 9:00pm Sunday through Thursday, and 8:00am through 11:00pm on Friday and Saturday. Further, the Council finds that there shall be no more than 12 conditional use activities occurring past 8:00 p.m. during any calendar month. The City Council finds that with the attached conditions, the conditional use(s) 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 Southern Oregon University zone. SECTION 3. DECISION 3.1 Based on the record o£thc Public Hearing on this matter, the City Council concludes that the following described conditional use activities at the National Guard Armory located at 1420 East Main Street are supported by evidence within the record and a conditional use permit is granted for these activities: Commercial events (events where goods or services are sold for a profit) such as trade shows, public dances, concerts, flea markets, farmers markets, holiday bazaars, gymnastic clubs, dog clubs and other similar events. Private events such as baptismals, weddings, birthday parties and anniversary parties and other similar events. Any community function where alcohol is served or live or amplified music is played. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action # 2003-105. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action # 2003-105 is denied. The following arc the conditions and they are attached to the approval: 1. That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2. That no Conditional Use of the interior of the Armory coincide with the exterior Conditional use by the Rogue Valley Growers and Crafters Market Tuesdays 7:00 am - 3:00 pm, April through November. 3. That the applicants obtain a Sign Permit prior to installation of any signs. All requirements of Chapter 18.96 shall be met. 4. That the operation shall comply with the noise levels as required in 9.08.170 of the Ashland Municipal Code 5. That a contact person for the facility shall be made available to address any concerns that may arise. This person shall be identified and contact information submitted to the Ashland Planning Division prior to operation of the Conditional Use. 6. That all conditional uses shall comply with applicable fire and building code requirements prior to operation of the conditional use activities. 7. That conditional uses shall be limited to 8:00am to 9:00pm Sunday through Thursday, and 8:00am through 11:00pm on Friday and Saturday. That no more than 12 Conditional Use activities occur past 8:00pm during a given month. 9. Any new outdoor lighting systems installed in relation to conditional use activities shall be designed and operated so that the area ten feet beyond the property line of the premises receives no more than 0.25 ora foot candle of iight from the premises lighting system. Further, any outdoor lighting systems installed in relation to conditional use activities shall be recessed or shielded sufficiently so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent property. All outdoor lighting shall be shielded so as to not emit light above a horizontal plane located at light source level. 10. That the applicant maintain a log of uses at the Armory, and that the log shall be available fbr review by the City after advance notice is given to the Armory. -_ Alan DeBoer Mayor City of Ashland Date