BEFORE THE ASHLAND CITY COUNCIL

IN THE MATTER OF PLANNING ACTION #2003-105, A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW 6858 SQ.FT. OF THE INTERIOR OF THE NATIONAL GUARD ARMORY FACILITY, LOCATED AT 1420 EAST MAIN ST., TO BE USED FOR A VARIETY OF EVENTS INCLUDING TRADE SHOWS, FLEA MARKETS, COMMUNITY EVENTS, AND PRIVATE PARTIES. APPLICANT: Oregon Military Department

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FINDINGS, CONCLUSIONS AND ORDERS

RECITALS:

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1) Tax lot 1300 of 391E 10D 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 space at the National Guard Armory facility (approximately 6,858sq.ft. 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:

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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:

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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.

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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 before the 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 the Military Department at that time to be used as a military installation as well as for community functions . . . . The approved outright 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 be limited to, military activities and community functions which are to be defined as governmental meetings; educational-, informational-, charitable, health, and recreational-type community gatherings such as public school graduations, blood drives, weight-watchers meetings, gymnastics practices or events, holiday meals, private weddings, birthday parties and anniversaries, 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 (held to make a profit) such as trade shows, public dances, concerts, flea markets, 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 therefore not outright permitted.

2.6. The City Council finds that the impact of the outright permitted uses posed by the applicant (as noted in 2.4) shall have no greater adverse material effect on the livability of the impact area when compared to the development of the property by Southern Oregon University, according to its zone requirements. However, commercial uses as noted in 2.5 could have an adverse impact on the adjacent residential neighborhood. Therefore, to ensure that those uses do not unduly impact the livability of the impact area, based upon comments from nearby residential property owners, the city will impose conditions on the use of the auditorium on the property related to the hours or operation for the uses limited by this conditional use permit.

The conditional use activities are to be limited to 8:00 am to 9:00 pm Sunday through Thursday, and 8:00 am through 11:00 pm on Friday and Saturday. Further, the Council finds that there shall be no more than 12 conditional use activities occurring past 8:00 pm during any calendar month. The hour limitation refers to the ending time of any particular event, and does not include time involved after the event has concluded for attendees to leave the building and the parking lot, and for applicant to clean up and close down the facility.

The City Council finds that with the attached conditions, the conditional uses 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 of the public hearing on this matter, the City Council concludes that the following described conditional use activities in the auditorium of the National Guard Armory located at 1420 East Main Street are supported by evidence within the record and the following activities are allowed as a conditional use subject to certain conditions as listed below:

Commercial events in the auditorium (where goods or services are sold for a profit) such as trade shows, public dances, concerts, flea markets, farmers markets held within the building, holiday bazaars, and other similar events.

Any Commercial or 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 are the conditions and they are attached to the approval:

The above uses shall be conditioned as follows:

1. 0	All proposals of the applicant shall be conditions of approval unless otherwise modified here.
2. 0 0 0	No Conditional Use of the interior of the Armory shall coincide with the exterior conditional use by the Rogue Valley Growers and Crafters Market Tuesdays 7:00 am - 3:00 pm, April through November. (Use by the Rogue Valley Growers and Crafters Market is regulated by a previously issued conditional use permit.)
3. 0	The applicants shall obtain a Sign Permit prior to any signs being displayed on the site. All requirements of Chapter 18.96 shall be met.
4. 0	The operation shall comply with the noise levels as required in 9.08.170 of the Ashland Municipal Code.
5. 0 0 0	The applicant shall provide a contact person for the facility who is available to address any concerns that may arise. This person shall be identified and contact information submitted to the Ashland Planning Division and the Ashland Police Department prior to operation of any conditional use.
6. 0	All Conditional Uses shall comply with applicable fire and building code requirements prior to operation of the Conditional Use activities.
7. 0	Conditional Uses shall be limited to 8:00am to 9:00 pm Sunday through Thursday, and 8:00 am through 11:00 pm on Friday and Saturday.
8. 0	No more than 12 Conditional Use activities shall occur past 8:00 pm during any month.
9. 0 0 0 0 0 0	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 of a foot candle of light 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. 0	Applicant shall maintain a log of uses at the Armory, and the log shall be available for review by the City after advance notice is given to the Armory.

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