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--> --> Marketplace gets OK for local events By Myles Murphy Ashland Daily Tidings Let the music begin - but quietly. Music, performances and cultural events - and booze - would be allowed at the A Street Marketplace Pavilion under a conditional use permit approved Tuesday by the Ashland Planning Commission. "We're getting closer," pavilion event promoter Chris Decker said after the commission's decision. "We can now create a viable community performance art space." The commission voted 5-1 to approve the permit, with commissioner Colin Swales voting against. Commissioners John Fields and Kerry KenCairn were absent, and Ray Kistler arrived too late to hear discussion and vote on the final decision. Swales said he was concerned about the impact on the residential areas in the Railroad District near the Pavilion because of increased traffic, people, noise and other problems associated with nightclub-type uses. At the start of the meeting, building owner Allan Sandler had challenged Swales' ability to make an impartial decision based on the commissioner's history of close contact with Philip Lang - the only resident to speak out against approval Tuesday. "Mr. Swales is a good friend of Mr. Lang's," Sandler said, adding that he believes the two have discussed the topic outside official venues, and that Swales would be unable to make an impartial decision. Swales and Lang worked together in an unsuccessful appeal of the city's approval of the new Oregon Shakespeare Festival Theater and city parking structure on Hargadine Street. Swales assured the commission he had had no discussions with Lang on the topic other than at an Historic Commission meeting and through a letter from Lang to the commission. "Apart from that I have been scrupulously careful with contact with Mr. Lang," Swales said. At that, Lang stood up and piped in from the audience, "That comment from Mr. Sandler is hearsay, absolute hearsay!" Planning Director John McLaughlin cautioned commissioners that such contact - if found to be unfair - could be seen as grounds for appeal if the commission denied the application. The conditional use permit allows for theater, nightclub and bar uses at the Pavilion, but limits the number of people at specific events to no more than 200, as well as placing firm limits to the amount of noise allowed. "I accept the planning report," Sandler said, adding that he and the tenants of the marketplace will abide by all city ordinances and require no variances to make the venture work. Under the permit, no amplified sound or drums will be allowed in the open-air pavilion after 7 p.m., and all conditional use permit activities must shut down by 10 p.m. Sound-dampening walls planned to enclose the now merely curtained pavilion could ease those restrictions, if built, but would require a new application to be approved by the commission. "We still want to be very clear with the soundproofing," Decker said, indicating that ideally, he would like to have the ability to play music later than 7 p.m. The commission Tuesday also approved a site review permit for construction of such an enclosure, but the future of that expensive undertaking is uncertain, and owners have already invested in a $20,000 curtain system for the area. "We are giving a lot of thought before making that decision," Sandler said. Railroad District resident Lang - who lives on B street and has a rental property across the street from the Pavilion - opposed the permit, arguing that theaters are not allowed in that zone and that a nightclub-type venue would hurt the neighborhood. "The quality of life in our residential neighborhood has already been degraded," Lang said. "Now we are to have young adults with wild driving and accidents, bottles, cans, trash, zooming up First, Second Third streets, parking for bathroom relief on our lawns ... parking for post-event arguments, drinking in cars, fights and trysts." Commissioner Russ Chapman also voiced concern about the impact on the neighborhood, and Sandler reiterated that he planned to follow all city ordinances. "If we say to you that we are going to abide by all the ordinances, and you're telling me already I'm going to break the law, I get insulted," Sandler said. "I don't know how many times I have to say that." After the public hearing was closed, Swales came back with a long list gleaned from The Tidings police log of criminal incidents reported near bars and nightclubs in the city in recent months, saying that such establishments have a negative impact on surrounding neighborhoods. "I find it completely incompatible," Swales said. Since the hearing was over at that point, McLaughlin said Swales' information should have been introduced earlier and declared as outside information at the start of the meeting. "It's information you used to formulate your position," McLaughlin said. "To introduce it at this stage in the hearing is very difficult both for the commission and the applicant." As a result, Sandler was given short notice for a chance to respond. "You should disqualify (Swales) from voting," Sandler said. "It's obvious he's been against this from before the meeting." "We did ask at the beginning of the meeting if you could make an objective decision, and you said `yes,'" Commission Chair Mike Gardiner said to Swales, who confirmed that he still could make a fair decision. Commissioner Mike Morris was not pleased with the turn of events. "I was in favor of the application, but right now I feel the process has kind of been corrupted," Morris said. But when the issue went to a vote, only Swales disapproved, and it was passed. "It's hard to argue (for negative impact on the neighborhood) when you've only had one person testify to that," Chapman said. The commission will likely adopt its findings when it meets Nov. 12. After that, there will be 15-day period during which any appeals can be filed. Email your... 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