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CUP2012-00014 CUP2O12 - 00014 SOLARCITY PHOTOVOLTAIC ARRAY 120 DAYS: 1/15/2013 • DATE OF FILING: 10/24/209 DATE MAILED: 10/30/2012 i CITY OF TIGARD TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Numbers: CONDITIONAL USE PERMIT (CUP) 2012-00014 Case Name: SOLARCITY PHOTOVOLTAIC ARRAY Applicant's Name/Address: SolarCity 6132 NE 112th Avenue Portland Oregon 97218 Owner's Name/Address: Clean Water Services 16060 SW 85th Avenue Tigard Oregon 97224 Address of Property: 16375 SW 85th Avenue Tax Map/Lot Nos.: Washington Co.Tax Assessor's Map No. 2S1114AA,Tax Lots 400,500?and 600. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT. THE CITY OF TIGARD HEARINGS OFFICER HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON OCTOBER 23. 2012 TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request: > The applicant is requesting approval of a Conditional use Permit for the construction of a 0.66 acre public utility facility. The facility will consist of approximately 1,700 solar panels measuring three feet wide by five feet tall,mounted on metal racks and approximately 7.5 feet tall at their highest point. No grading, tree removal, or change to natural drainage is proposed. At the duly noticed public hearing on October 23, 2012 the Hearings Officer approved the Conditional Use Permit, subject to four conditions of approval. Zone: I-P: Industrial Park District. Applicable Review Criteria: Community Development Code Chapters 18.330, 18.390, 18.530, 18.705, 18.725, 18.745, 18.765, 18.790, 18.795,and 18.810. Action: > 0 Approval as Requested ❑x Approval Subject to Conditions 0 Denial Notice: Notice was published in the newspaper and mailed to: ❑x Owners of Record within the Required Distance ❑x Affected Government Agencies ❑x Interested Parties ❑x Applicants and Owners The adopted findings of fact and decision can be obtained from the Planning Division/Community Development Department at the City of Tigard Permit Center at City Hall. Final Decision: THIS DECISION IS FINAL ON OCTOBER 30,2012 AND BECOMES EFFECTIVE ON NOVEMBER 14,2012 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223. THE DEADLINE FOR FILING AN APPEAL IS 4:30 PM ON NOVEMBER 13,2012. Questions: If you have any questions, please call the Associate Planner John Floyd in the City of Tigard Planning Division at 503-718-2429 or johnfl@tigard-or.gov. 1� *aria E. i ,,.% Aim nisi muffAluirm wan ■:ate, ► AL_�' I • % �� i�l�`�� Id;��Avibir �j► ♦, I� �� i �� Area Notified 500 Ft) sip♦ � • �;�1 r♦ = 11111 Ii/�� • is guii, 1.� : -=w ��1it' .�9 •0� '.'*Sk' Int_//�I menf�% , r ' I-� - ll MIMIi a OPPI .1111� = =��o" ..�i�"1��1�1111 X11111111111 •L iiia �I' likil " -- wsnie"zio = inn iQ��' hIIMIl!! 1IIIIIIIIIIIIII� L o •p �� 'I'r��,`� G�J�r .• w:•.,er. .�N e�;�� _ SolarCity Photovoltaic Array .' `l11 _ DURHAM - . 11��1411. g ,, ��0 A- Ns �'��11111 'Bu ll • �►w �.� FFER LN Ill _ _ lama*wie-Now //r1 7 wo - -... . \ , Tigard( Fit; ��4��•��t ,it .. ' .❖.•,,, Subject Site III \11111111 I11111.7 .�wramillillp�„ � - - ' tT' Property owner information is valid C�,f111'I for 3 months from thedateprinted on !I , this ma i i iJ 411. Durham D R City Park Durham • / .� Map Printed:26-Sep-12 m m Pork I/ cc J ''�a',•Aw low mi' �.,.��. mro.maenn nn mis map Is ro,general lo<annn •' �,'� .,'. ��.,,i.� only and shouldServices D v sio the Development ik _ '. mgr 1=� � �� 1 �f��► r DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITY OF TIGARD \ , Gk/ �''• MAKES NOT WARRANTY,REPRESENTATION,OR GUARANTEE AS TO THE /7# � : I- fanno . *11:11.11111 �1., 11141111141 - CONTENT,ACCURACY,TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN.THE CITY OF TIGARD SHALL ASSUME NO I-- LIBABILITY FOR ANY ERRORS,OMISSIONS,OR INACCURACIES IN THE . •a +- �,, == ,�'��., 0 — INFORMATION PROVIDED REGARDLESS OF HOW CAUSED.— .A,, -:'.�= A l' c COMMUNITY DEVELOPMENT DEPARTMENT T ;'ui Ub� 4. 1•� F-43----- a/1111111111111t. -a__- •• •� I ualafrE i i eh��u ��•�a��. I "4 Place to Call Home" -- •• I - City of Tigard _ _ 13125 SW Hall Blvd • .4r2)1 � Cr 700 i,aoo� _ • _ _��' ' •,,,�,,,,,,,,,- T��AR MAPS Tigard,OR 97223 " `� ,,,�� 503 639-4171 tic,:\I U ;��I L7."�, u� .� www.tigard-or.gov I . • • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by SolarCity for approval of a )FINAL ORDER Conditional Use Permit to construct and operate a public ) CUP 2012-00014 utility facility(photovoltaic facility) on a 0.66-acre parcel ) (SolarCity at 16375 SW 85th Avenue, in the City of Tigard, Oregon ) Photovoltaic Facility) A. FINDINGS AND CONCLUSIONS 1. The applicant, SolarCity, requests approval of a Conditional Use Permit to construct a and operate a photovoltaic facility as a public utility facility on a 0.66-acre parcel located at 16375 SW 85th Avenue; also known as Washington County tax map 2S 114AA, Tax Lots 400, 500 & 600 (the "site"). The facility will consist of approximately 1,700 solar panels measuring three feet wide by five feet tall, mounted on metal racks and approximately 7.5 feet tall at their highest point. No grading, tree removal, or change to natural drainage is proposed. The site and abutting properties to the north and east are zoned I-P (Industrial Park). Properties to the south and west are zoned R-4.5. A portion of the site and surrounding properties to the north and east are currently developed as the Clean Water Services ("CWS") sewage treatment plant. The solar facility is proposed on an undeveloped portion of the site. The proposed solar facility is intended to provide a portion of the electricity needed by the CWS sewage treatment facility. Additional basic facts about the site and surrounding land and applicable approval standards are provided in the Staff Report to the Hearings Officer dated October 11, 2012 (the "Staff Report"), incorporated herein by reference. 2. Tigard Hearings Officer Joe Turner(the "hearings officer") held a duly noticed public hearing on October 22, 2012 to receive and consider public testimony in this matter. The record includes a witness list, materials in the casefile as of the close of the record, including materials submitted after the hearing, and an audio record of the hearing. At the beginning of the hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex parte contacts, bias or conflicts of interest. The following is a summary by the hearings officer of selected relevant testimony offered at the hearing. a. City planner John Floyd testified on behalf of the City. He noted that the City received three additional comment letters after the City issued the Staff Report. Tualatin Valley Fire and Rescue and CWS stated that they had no comments or concerns. Portland General Electric ("PGE") initially requested that the applicant provide an easement for electrical connection to the existing power lines on the east side of 85th Avenue. (email dated October 15, 2012). After consulting with the applicant, PGE noted that the applicant intends to connect to the existing CWS electrical facilities. Therefore an electrical easement is not needed. (email dated October 22, 2012). He testified that the proposed gravel roadway is a pervious surface that does not require stormwater facilities. • • b. Land use planner Ben Schonberger, SolarCity project manager Derek Cropp, and CWS Business Planner Bruce Corden testified on behalf of the applicant, SolarCity. They testified that the applicant intends to provide a gravel roadway on one side of the facility for construction access. They testified that the existing CWS sewage treatment facility on the site consumes a significant amount of electricity. The proposed facility will allow CWS to utilize solar power for a portion of its electricity needs. Existing CWS staff will maintain the vegetation on the site. c. No one else testified orally or in writing other than public agency staff. The applicant's representatives accepted the findings and conditions in the Staff Report and waived the applicant's right to submit a final argument. The hearings officer closed the record at the end of the hearing and announced his intention to approve the application, subject to the conditions in the Staff Report. 3. City staff recommended that the hearings officer approve the application based on the findings and conclusions, and subject to conditions of approval, recommended in the Staff Report. The applicant accepted those findings and conditions without objections. No one disputed the findings in the Staff Report. The hearings officer agrees with those findings, conclusions and conditions, and adopts the findings in the Staff Report as support for this Final Order. 4. Based on the findings and discussion provided or incorporated in this final order, the hearings officer concludes that the applicant sustained the burden of proof that the proposed development does or will comply with the applicable criteria of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws and with conditions of approval warranted to ensure such compliance occurs in fact. Therefore the applications should be approved subject to such conditions. B. ORDER In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and public testimony and exhibits received in this matter, the hearings officer hereby approves CUP 2012-00014(SolarCity Photovoltaic Facility), subject to the following conditions of approval: CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: Submit to the Current Planning Division (John Floyd, (503) 718-2429) for review and approval: CUP 2012-00014 Hearings Officer Final Order (SolarCity Photovoltaic Facility) Page 2 • • 1. Prior to any site work, the project arborist shall submit a written report stating that tree protection fencing has been erected around tree protection zones on the project site as directed by the project arborist and in accordance with the approved tree plan. The applicant shall allow access by City Staff for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the approved tree plan or to maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. 2. If any development related activity is required within an established tree protection zone,the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely impacts to the trees. The proposal shall be reviewed and approved by the Planning Division before proposed work can proceed within a tree protection zone. The Planning Division may require changes prior to approval. The project arborist shall be on site while work is occurring within the tree protection zone and submit a summary report certifying that the work occurred per the proposal and will not significantly impact the health and/or stability of the trees. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL APPROVAL OF THE SITE PERMIT IMPROVEMENTS. Submit to the Current Planning Division (John Floyd, (503) 718-2429) for review and approval: 3. Prior to final inspection, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees. Tree protection measures may be removed and final inspection authorized upon review and approval by the Planning Division. 4. The applicant/owner shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restrictions may be removed or will be considered invalid if all trees preserved in accordance with this decision should either die or be removed as hazardous trees. THIS APPROVAL MUST BE IMPLEMENTED WITHIN 18 MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION. DATED this30 day of October, 2012. CUP 2012-00014 Hearings Officer Final Order (SolarCity Photovoltaic Facility) Page 3 • • D'....z...„..„:„.. Joe Turner, Esq., AICP City of Tigard Land Use Hearings Officer CUP 2012-00014 Hearings Officer Final Order (SolarCity Photovoltaic Facility) Page 4 0 i I B I Q1 gEM ni IAg �a€ k gig _ _ W i ;T w 'i' ..J .---6:./.:':.,,,,, A i !i , :- I • - !, ---- ',-.1-. 1.1 " i '; H1 :: -1 ri 'Ir.L 't,.:,) "--'),. '„ ,,' .; ,t g 'IL ..:- , , r- - p P 4 ': .1.- . .7-71 kl.:-":-.' .--7"; ';,-.44,*. .' . 1 ,, 1 .} i'.,3::: F1--,17..: r,':-,,11: : 1--' )-1 1 ./i/7'—:i7.,,,,,:.:417,1'---..---77---.-."---",. + . to il qI 1 { 1 1 / 4, r i $! $ O �� '�� It I S ,./,,t-,i-,,,,t-,-4 ,. ftfl l /- atei� I t; [. (' ! �i 'rife' I a ' 1! ( J �•. ._'.J_. .__:::„.4..,:,__._::: -.'"... - ...: may.. 1 _ _� $`^£. a.� -i'.- .. ?.1 I CITY OF TIGARD Approved [ Conditionally Approved I �l For only the work as d acr�t�edin: PERMIT NO. vYaUl�-abo/y See Letter to: Follow [ I Z , ^ Attach [K l CI Job Address: P. '$.. By: .11t- 7u/n i Date: /0_3,�-Iz a n r: .lyi- "l irl i"-lfe .._....._-___...._....?31CLEAN WATER SERVICES- DURHAM �� l d '� � GROUND MOUNT PV SYSTEM ' @!�, 7g gg p z,5 apD �xR 4[ H• g s CLEAN WATER SERVICES— DURHAM 8d;xgpH!R 1!r m G l 16060 SW 85TH ST. iiigi!11t 1 r, 2-.. e =ll a TIGARD, OR 97224 RRR'i� 4 N s w @ N Iii 1 5036813601 a g ° 1 �� r II jli � I- sTR >III —' > u '� LOOP > QS " ' . • . CT m o — Area Notified (500 Ft) . I— co, ,0011"N, = p 1:LNau ` ZCT 00 � � 2 DURHAM RD SolarCity Photovoltaic Array CUP2012-00014 — SHAFFER LN • ... Subject Site Tigard HS Properly owner information is valid for 3 months from the date printed on this map. • I- HI1111�//� W AV E R LY DR ;:q.-7- 4(1)2-:' / Map Printed:27-Sep-12 I I- ■ co Information on this map din for general location ` only and shoul0 be verified ww o the Development V Services Division. 0 C' DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITY OF TIGARD C MAKES NOT WARRANTY,REPRESENTATION,OR GUARANTEE AS TO THE '..._ cc U. CONTENT,ACCURACY,TIMELINESS OR COMPLETENESS OF ANT OF THE — — Durham DATA PROV DED HEREIN.THE CITY OF TIGARD SHALLASSUME NO LIBABILITY FOR ANY ERRORS,OMISSIONS,OR INACCURACIES IN THE City Park INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. Durham COMMUNITY DEVELOPMENT DEPARTMENT Cook Park A Place to Call Home" 0 City of Tigard Gre RD 13125 SW Hall Blvd 0 355 ;oee 1 FaM° 1��q p�gPs Tigard,OR 97223 ■ 503639-4171 ttC.nKu R www.tigard-or.gov • • Agenda Item: 2.1 Hearing Date:Oct 22,2012 Time:7:00PM STAFF REPORT TO THE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = 1 1 K SECTION I. APPLICATION SUMMARY FILE NAME: SOLARCITY PHOTOVOLTAIC FACILITY CASE NOS: Conditional Use Permit (CUP) CUP2012-00014 APPLICANT: SolarCity OWNER: Clean Water Services Derek Cropp Randy Naef,Principal Engineer 6132 NE 112th Ave 16060 SW 85th Ave Portland,Oregon 97218 Tigard,OR 97224 PROPOSAL: The applicant is requesting approval of a Conditional Use Permit for the construction of a 0.66 acre public utility facility. The facility will consist of approximately 1,700 solar panels measuring three feet wide by five feet tall, mounted on metal racks and approximately 7.5 feet tall at their highest point. No grading, tree removal, or change to natural drainage is proposed. LOCATION: The project is located at 16375 SW 85th Avenue; Washington County Tax Assessor's Map 2S114AA,Tax Lots 400, 500,&600. ZONING: I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants,personal services and fitness centers,in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to ensure that developments will be well integrated,attractively landscaped,and pedestrian friendly. APPLI CABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.530, 18.705, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Conditional Use will not adversely affect the health, safety and welfare of the City and meets the Approval Standards for a Conditional Use as outlined in this report. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval: SolarCity PAGE 1 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: Submit to the Current Planning Division (John Floyd, (503) 718-2429) for review and approval: 1. Prior to any site work, the project arborist shall submit a written report stating that tree protection fencing has been erected around tree protection zones on the project site as directed by the project arborist and in accordance with the approved tree plan. The applicant shall allow access by City Staff for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the approved tree plan or to maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. 2. If any development related activity is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely impacts to the trees. The proposal shall be reviewed and approved by the Planning Division before proposed work can proceed within a tree protection zone. The Planning Division may require changes prior to approval. The project arborist shall be on site while work is occurring within the tree protection zone and submit a summary report certifying that the work occurred per the proposal and will not significantly impact the health and/or stability of the trees. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL APPROVAL OF THE SITE PERMIT IMPROVEMENTS. Submit to the Current Planning Division (John Floyd, (503) 718-2429) for review and approval: 3. Prior to final inspection, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees. Tree protection measures may be removed and final inspection authorized upon review and approval by the Planning Division. 4. The applicant/owner shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restrictions may be removed or will be considered invalid if all trees preserved in accordance with this decision should either die or be removed as hazardous trees. THIS APPROVAL MUST BE IMPLEMENTED WITHIN 18 MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION. SECTION III. BACKGROUND INFORMATION Proposal: SolarCity proposes to build a solar installation for generating electricity at the Clean Water Services' (CWS) Durham Advanced Wastewater Treatment Facility (AWWTF) at 16375 SW 85th Avenue in Tigard.. The installation will be located between the headworks facility and the AWWTF's western property line. The Tigard High School running track and soccer field are located west of the project site. The installation will consist of approximately 1,700 solar photovoltaic panels,mounted on steel supports set into the ground.The panels are tilted diagonally on their racks so that the edge of the panels at the highest point is approximately 7.5 feet above the natural grade,and the downslope part of the panels is about two feet off the ground.An 8' wide gravel access road is proposed along the eastern edge of the property. The installation will occupy about 0.66 acres of the 9.36-acre project site.The CWS property will be leased by SolarCity for the new use. SolarCity PAGE 2 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • Each panel,manufactured in Hillsboro,Oregon by SolarWorld,is about three feet wide by five feet long and each generates 240 watts of power. The entire installation will produce 408,000 kilowatt hours of electricity per year,roughly the same as would be consumed by 40 to 50 households.The power generated will be used by the CWS wastewater treatment facility predominantly,according to terms of a 20 year agreement between SolarCity and CWS. Further, SolarCity will sign an "Agreement for Net Metering and Interconnection Services" with PGE. The essence of this agreement is that when the system generates power beyond the demand requirements of the wastewater treatment facility, SolarCity can feed the surplus energy back into the grid. Existing Conditions: The solar installation is proposed on two minimally developed tax lots, 400 and 600, that contain an existing circular driveway and parking lot for an associated wastewater headworks building that is predominantly located on a third tax lot, 500. The site, for purposes of this application,is comprised of these three tax lots and totals 9.36 acres. The majority of the site is an open, grassy field, west of the headworks facility at CWS' Durham Advanced Wastewater Treatment Facility. Elevation varies on the site as a result of historical land sculpturing. A raised berm runs along the western and northwestern property line,and is planted with a mixture of trees and dense shrubs to serve as screening and buffering between the wastewater treatment plant and adjoining properties. A windbreak of Douglas firs is located on the southern boundary of the project site. Southwest 85th Avenue adjoins the property to the east,with existing driveways that enter onto the street. Vicinity Information: This site is located in the southeast corner of Tigard, in an industrial area situated on SW 85th Avenue. To the north of the site is Durham-Hall Business Park, a warehouse and office center. To the west is Tigard High School's running track and soccer field. To the south is another lot associated with the CWS treatment plant. Residential development along SW Waverly Drive is to the southwest. Neighbor Comments: The applicant held a neighborhood meeting on August 2, 2012. No neighbors attended the meeting, and no comments have been received by staff. SECTION IV. REPORT MAKING PROCEDURES, PERMITS AND USE Use Classification Chapter 18.130 lists the Use Categories. The proposed Basic Utility is a use which is permitted as a conditional use in the I-P (Industrial Park) zone. Summary of Land Use Permits and Decision-making Procedures Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030A and subject to other requirements in this chapter. Type III-HO procedures apply to quasi-judicial permits and actions that predominantly contain discretionary approval criteria. Type III-HO actions are decided by the Hearings Officer with appeals being heard by the City Council. SECTION V. SUMMARY OF APPLICABLE CRITERIA Staff has reviewed the proposal for consistency with the following code sections. Findings for these code sections are in Section VI of this report. A. Zoning Districts 18.530- Industrial Zoning Districts B. Applicable Development Code Standards 18.330- Conditional Use 18.360- Site Development Review 18.530—Industrial Zoning Districts 18.705-Access Egress and Circulation 18.725- Environmental Performance Standards 18.745- Landscaping and Screening SolarCity PAGE 3 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • 18.765- Off-Street Parking and Loading 18.790-Tree Removal 18.795-Visual Clearance C. Street and Utility Improvement Standards D. Impact Study SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA Section 18.330.010.A states that the purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030A and subject to other requirements in Chapter 18.330. GENERAL APPROVAL CRITERIA FOR A CONDITIONAL USE: SECTION 18.330.030 The site size and dimensions provide adequate area for the needs of the proposed use; The proposed use is a basic utility, consisting of a photovoltaic electricity generating installation. The proposed solar array will occupy approximately 0.66 acres, or seven percent of tae 9.36 acre project site. As shown on the site plan (Exhibit 4),a large area of the southern tax lot (TL 600) and along the west and south sides of the property remain undeveloped and landscaped with groundcover or trees;its current state.The areas that will remain undeveloped are north facing, shady, or currently forested, and therefore not useful for siting solar panels. That there is such a large amount of space on the property that will remain undeveloped demonstrates that the size and dimensions of the existing site can satisfy the needs of the proposed (basic utility) use. Moreover, the project has sufficient space within the site,even while meeting the required 50 foot setback,which is the largest setback between uses imposed by the Tigard Code. This standard is met. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography,and natural features; The impacts of the proposed use are minimal. Once the proposed solar installation is complete,maintenance visits by a single employee in a regular passenger vehicle will occur two to three times per year. The solar array makes no noise, consumes no water, and generates no sewage or other airborne emissions. The panels themselves are not reflective, and they create no glare on adjacent properties. The visibility of the development is very low,because none of the structures is more than eight feet high, and the perimeter of the site is bounded by a tall berm that is edged with a thick buffer of trees and shrubs. Overall, the minimal impacts of the proposed use can be accommodated by the site. This standard is met. All required public facilities have adequate capacity to serve the proposal;and The proposed development will create virtually no additional impacts to public facility infrastructure. Existing systems have the capacity to serve the solar installation. Transportation: Once the proposed solar installation is complete,maintenance visits by a single employee in a regular passenger vehicle will occur two to three times per year. This amount of traffic impact is indistinguishable from overall background conditions and can be easily accommodated by the existing roadway network,which includes SW 85th entering the site. SW 85th is an "arterial" street, according to city maps (City of Tigard,2035 Transportation System Plan,Figure 5.2). Because the proposed development is an unstaffed basic utility use, it generates no new employees, customers, or residents. Thus, there will be no impact to pedestrian or bicycle systems. Drainage:The proposed development adds approximately 29,000 square feet of new development area to the site, much of which is impervious surface solar panels. However, this overstates the true area of impervious surface to be added. Between the rows of panels and underneath them, the ground will remain covered with turf and will retain its ability to absorb water. New impervious ground surface will be limited to the footprint SolarCity PAGE 4 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • of the posts supporting the racks on which the panels sit. These posts are pile-driven into the soil,eliminating the need for concrete foundations. Consequently, each post creates approximately 0.3 square feet of impervious surface. With approximately 370 posts in the entire installation, the new array creates 110 square feet of new impervious surface.This is an insignificant addition to the site g ven the large area of well drained, vegetated cover. An illustration of the system is shown in a photograph (Figure 3) of a similar project and in Exhibit 5 showing detail of the racking system. The vegetative (turf) cover and well drained soils allow for all runoff to be addressed at the site without an engineered stormwater facility. Parks: Because the proposed development is an unstaffed basic utility use, it generates no new employees, customers,or residents.Thus,there will be no impact to or increased demand on the parks system. Water: The proposed solar installation does not require any water to operate. No new connections to the city water system are proposed,and there will be no impact to city water supply. Sewer: Although the proposed solar development is on the same property as the sewer provider for the City of Tigard,a photovoltaic array does not require any sewer connections or generate any additional demand for sewer services.This proposal will have no impact on this public facility. In sum,public facilities in existence at the site are adequate to support the proposed development because the proposed development generates no service impacts. The applicable requirements of the zoning district are met except as modified by this chapter. The requirements of the I-P zoning district are met by the proposed development. Each requirement is addressed in detail within the findings for this specific section, 18.530. The application does not request or need any modifications or exceptions to the existing standards. The applicable requirements of 18.330.050;and The additional development standards of 18.330.050 include a section on basic utilities. They are addressed in that. The supplementary requirements set forth in other chapters of this Code including but not limited to Chapter 18.780,Signs, and Chapter 18.360, Site Development Review, if applicable, are met or can be conditioned to be satisfied. These findings address all the applicable sections of the code, and follow the direction given by the City of Tigard in their notes to the pre-application conference. No signs are proposed in association with the development, so Chapter 18.780 is not directly applicable. Site Development Review standards are addressed in the findings immediately following this one. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is implemented by the Community Development Code. Compliance with Comprehensive Plan policies are,therefore,assured by satisfaction of the applicable development standards of the development code as addressed within this report. FINDING: As indicated in the analysis above, the site would be suitable for the proposed development and the General Approval Criteria for a Conditional Use would be satisfied. ADDITIONAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE. Section 18.330.030.B states that the Hearings Authority may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include,but are not limited to the following: Limiting the hours, days,place and/or manner of operation; The solar panels are unoccupied and generate no noise or light, as such hours of operation are not applicable. SolarCity PAGE 5 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • Requiring design features which minimize environmental impacts such as noise, vibration, air pollution,glare,odor and/or dust; Potential nuisance impacts from the solar array are essentially non-existent. Once installed, the solar array makes no noise, needs almost no maintenance, and generates virtually no trips to the site. No vibration, odors, dust, or other air pollution will be generated. The panels themselves are not reflective, and they create no glare on adjacent properties. Visibility of the development is very low, because none of the structures is more than eight feet high, and sight lines to the property are blocked by a thick, perimeter buffer of trees, shrubs,and an up-to-12-feet-high berm. Requiring additional setback areas,lot area, and/or lot depth or width; As demonstrated in this report,minimum requirements for setbacks and lot areas are satisfied by this project. The substantial size of the property,minimal lot coverage,and existing screening on the undeveloped portions render additional setbacks or lot area as unnecessary Limiting the building height, size or lot coverage, and/or location on the site; At approximately 7.5 feet in height, the building is well below the 45 foot maximum height in the I-P zoning district. Proposed lot coverage is less than 7% of the entire site, and the proposed location avoids visual impacts to offsite properties. Therefore,such limitations are unnecessary. Designating the size,number,location and/or design of vehicle access points; The project will utilize an existing circular driveway fronting 85th Avenue, and will generate almost no vehicle trips per year. Therefore, such limitations are unnecessary. Requiring street right-of-way to be dedicated and street(s) to be improved; The project will result in virtually no additional vehicle trips per year to the site,and as such any right-of-way dedications or street improvements would not be proportional to the impact of the project on the transportation system. Therefore, such limitations are unnecessary. Requiring landscaping, screening,drainage and/or surfacing of parking and loading areas; These items are addressed later in this report. The proposal will meet the prescribed requirements of the 1'DC. Therefore, such limitations are unnecessary. Limiting the number,size, location, height and/or lighting of signs; Signs are not a component of the project. Therefore, such limitations are unnecessary. Limiting or setting standards for the location and/or intensity of outdoor lighting; Lighting is not proposed as part of this project. Therefore, such limitations are unnecessary.. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; These items are addressed later in this report. The proposal will meet the prescribed requirements of the TDC. Therefore, such limitations are unnecessary. Requiring and designating the size, height,location and/or materials for fences; No new fences are proposed with the application.Therefore, such limitations are unnecessary. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; The project is located on a previously disturbed site with no watercourses. A tree protection plan has been submitted as part of the project and conditions of approval will ensure its implementation during SolarCity PAGE 6 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • construction. These items are addressed later in this report, and as conditioned the proposal will meet the prescribed requirements of the TDC. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain; and The project does not include land form alterations or development within the 100-year floodplain. Therefore, such dedications are unnecessary. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The project site does not contain land within the floodplain. Therefore, such construction is unnecessary. FINDING: Hearings Authority may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. As conditioned elsewhere in the report, the project will be found compatible and impacts nonexistent or minimized. ADDITIONAL DEVELOPMENT STANDARDS FOR CONDITIONAL USE TYPES: SECTION 18.330.050 Emergency Services and Basic Utilities: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks shall be those in the applicable zone; c. Height limitation shall be in accordance with Chapter 18.730; d. Off-street parking and loading requirement shall be in accordance with Chapter 18.765; and e. Screening shall be in accordance with Chapter 18.745. Minimum lot size: The site is three tax lots comprising 9.36 acres. The two tax lots on which the solar installation is located are 3.04 and 5.39 acres,exceeding 5,000 square feet. This standard is met. Minimum setbacks are 50 feet on the rear and south sides, 0 feet to the north side (because this abuts industrial zoning) and 35 feet on the front. The front of the lot is along SW 85th, the sides are to the north and south, and the rear is against the high school property. All setbacks exceed the minimums required in the code, as shown on the site plan (Exhibit 4 of the application materials).This standard is met The height limitation of the I-P zone (45 feet) is met: the tallest structure is 7.5 feet above grade. None of the exceptions to standards height limitations (18.730) are applicable,nor are they needed for the proposed structures. This standard is met No off street parking or loading is required for a basic utility use per Table 18.765.2. None is proposed for the development,which will generate no new parking demand.This standard is met Screening to level "F"is required west of the proposed development, following a condition of approval in the 1999 decision expanding the CWS facility (CUP 99-0003,Hearings Officer Decision, condition 3,page 2). This screening exceeds the amount required for basic utilities (level "E" per Tables 18.754.1 and 18.745.2). Existing screening is documented on the site plan, and as part of the arborist report. This standard is met FINDING: As indicated in the analysis above, the project satisfies additional development standards applicable to Emergency Services and Basic Utilities. B. APPLICABLE DEVELOPMENT CODE STANDARDS SITE DEVELOPMENT REVIEW (18.360) The Site Development Review approval standards require that a development proposal be found to be consistent with the various standards of the Community Development Code. The SolarCity PAGE 7 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • proposal's consistency with these Code Chapters is reviewed in the following sections. 18.360.090 Approval Criteria. The Director shall make a finding with respect to each of the following criteria when approving,approving with conditions,or denying an application: Compliance with all of the applicable requirements of this title including Chapter 18.810, Street and Utility Standards; As demonstrated in this report the proposal meets or has been conditioned to meet all of the applicable requirements of this title.This standard is met. Relationship to the natural and physical environment: Buildings shall be: (1) Located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; (2) Located in areas not subject to ground slumping or sliding, 3 Located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting;and (4) Oriented with consideration for sun and wind. The structures proposed as part of the solar installation are located in a sunny, open field to maximize their ability to generate electricity. No grading, tree removal, or change to natural drainage is proposed. The area where the array will be placed is relatively flat and not subject to ground slumping or sliding. The distance between adjoining"buildings" is shown on the site plan. This provides adequate ligat and air circulation. Fire access is not an issue since the basic utility installation has no combustible elements. This standard is met. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790,Tree Removal. No trees will be removed as a result of this project. As discussed in findings pertaining to 18.790, a tree protection plan has been submitted as part of the application, which contains the recommendations of a certified arborist regarding the protection and preservation of existing trees. This standard is met. Innovative methods and techniques to reduce impacts to site hydrology and fish and wildlife habitat shall be considered based on surface water drainage patterns, identified per Section 18.810.100.A.3. and the City of Tigard "Significant Habitat Areas Map." Methods and techniques for consideration may include,but are not limited to the following: (1)Water quality facilities (for infiltration, retention,detention and/or treatment); 2 Pervious pavement; 3 Soil amendment;Site Development Review 18.360-8 Code Update: 10/10 4 Roof runoff controls; 5 Fencing to guide animals toward safe passageways; 6 Re-directed outdoor lighting to reduce spill-off into habitat areas; 7 Preservation of existing vegetative and canopy cover. There will be no impacts to surface water drainageatterns. The site is not within or adjacent to a significant habitat area on the City of Tigard "Significant habitat Areas Map". A "Sensitive Area Pre-Screen Site Assessment" letter was submitted as part of the application and signed by CWS findingno significant impact. As shown in the photograph of a comparable site Figure 2 of the application materials), the panels are spaced far enough apart to provide areas for rain runoff to be absorbed by the soil. The grass covered ground under the solar panels will remain undisturbed pervious surface. Existing tree cover will be preserved. This standard is met. Buffering,screening and compatibility between adjoining uses: Buffering shall be provided between different types of land uses, for example, between single-family and multiple-family residential, and residential and commercial uses, and the following factors shall be considered in determining the adequacy of the type and extent of the buffer: (1) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust,or to provide a visual barrier; (2) The size of the buffer required to achieve the purpose in terms of width and height; SolarCity PAGE 8 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • 3 The direction(s) from which buffering is needed; 4 The required density of the buffering;and 5 Whether the viewer is stationary or mobile. On site screening from view from adjoining properties of such things as service areas, storage areas, parking lots, and mechanical devices on roof tops, i.e., air cooling and heating systems, shall be provided and the following factors will be considered in determining the adequacy of the type and extent of the screening: 1)What needs to be screened; 2)The direction from which it is needed; (3) How dense the screen needs to be; (4)Whether the viewer is stationary or mobile;and (5)Whether the screening needs to be year around. The required setback on the west side of the site, between the CWS property and Tigard High School is 50 feet per 18.530.040.B.The actual setback between the property line and the closest panel is more than 80 feet. The required screen and buffer on this frontage is landscape barrier level "F" which was required as part of the 1999 approval of the CWS Durham facility. This level has been achieved and will be maintained by the facility. It should be noted that the landscape requirements between a light industrial zone and a residential zone is only level "E" (Table 18.745.1), but as a lessee of the property, SolarCity will not encroach into the buffer between the CWS facility and the high school. No landscape buffer is required between the facility and the abutting property to the north, since they are both zoned I-P (Table 18.745.1).This standard is met. Demarcation of public,semi-public and private spaces for crime prevention: a. The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility;and The proposed solar installation will occur on property owned and controlled by CWS.The site is not open to the public, and is fenced to restrict access. The existing 6 foot security fence around the perimeter of the property will remain in place after installation of the solar array. This standard is met. Crime prevention and safety: a. Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; b. Interior laundry and service areas shall be located in a way that they can be observed by others; c. Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; d. The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and e. Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet which is sufficient to illuminate a person. No windows, laundry and service areas, mailboxes, exterior lighting, or "potentially dangerous areas" will be added to the site as part of the solar installation. None of the above standards apply to the proposed development. Public transit: a. Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to or within 500 feet of existing or proposed transit route... The development proposal is 750 feet from the corner of SW 85th and SW Durham,where the nearest transit route(TriMet Line 76)is located.Therefore,this standard does not apply. SolarCity PAGE 9 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • Landscaping: a. All landscaping shall be designed in accordance with the requirements set forth in Chapter 18.745; b. In addition to the open space and recreation area requirements of subsections 5 and 6 above, a minimum of 20 percent of the gross area including parking, loading and service areas shall be landscaped;and c. A minimum of 15 percent of the gross site area shall be landscaped. The site is already landscaped with a thick buffer of trees and shrubs along the north, west, and south perimeters,and grass in the open field where the solar installation is proposed. Existing canopy and condition is outlined in the arborist report (Exhibit 8). No tree removal or change to the existing landscaping is necessary or proposed. Approximately 76% of the gross area of the site is landscaped. South of the solar installation and around the perimeter of the site,the existing vegetative cover will be untouched. Drainage: All drainage plans shall be designed in accordance with the criteria in the adopted 1981 master drainage plan; There will be no impacts to surface water drainage patterns. All runoff from the panels will flow directly onto and be absorbed by the soil.Under and between the solar panels,the ground will remain undisturbed pervious surface.Existing tree cover around the edges of the site win be preserved. Provision for the disabled: All facilities for the disabled shall be designed in accordance with the requirements set forth in ORS Chapter 447;and The proposed solar array is an unmanned basic utility, not a habitable structure or facility to be used by the public.This standard does not apply. All of the provisions and regulations of the underlying zone shall apply unless modified by other sections or this title, e.g., Planned Developments, Chapter 18.350; or a variance or adjustment granted under Chapter 18.370. The project does not require a variance or adjustment. FINDING: According the analysis above, all of the applicable site development review standards are met or can be conditioned to be met elsewhere in this report. Industrial Zoning Districts (Chapter 18.530) The proposed site is in the I-P (Industrial Park) zoning district. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g. noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to ensure that developments will be well integrated,attractively landscaped,and pedestrian friendly. Table 18.530.2 includes development standards in industrial park zones related to lot size, width, setbacks, maximum height and lot coverage, and minimum landscape requirements. Based on the analysis in the table below,the underlying zone's development standards are met or exceeded. SolarCity PAGE 10 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • TABLE 18.530.2 DEVELOPMENT STANDARDS IN INDUSTRIAL ZONES STANDARD I-P Proposed Minimum Lot Size None 3.61 Acres& 3.04 Acres Minimum Lot Width 50' 182'&77' Minimum Setbacks -Front yard 35' 280' -Side facing street on corner&through lots [1] 20' n/a -Side yard 0'/50' [3] 63'&160' -Rear yard 0'/50' [3][4] 80' -Distance between front of garage & property line abutting a public or private N/A n/a street Maximum Height 45 ft 7.5' Maximum Site Coverage [2] 75% [5] 24% Minimum Landscape Requirement 25% [6] 76% [1]The provisions of Chapter 18.795(Vision Clearance)must be satisfied. [2] Includes all buildings and impervious surfaces. [3] No setback shall be required except 50 feet shall be required when the zone abuts a residential district. [4] Development in industrial zones abutting the Rolling Hills neighborhood shall comply with Policy 11.5.1. [5] Maximum site coverage may be increased to 80%if the provisions of Section 18.530.050.B are satisfied. [6] Except that a reduction to 20%of the site may be approved through the site development review process. FINDING: Based on the information provided in the narrative and on the site plan, the development standards in the I-P zone are satisfied. ACCESS.EGRESS AND CIRCULATION(18.705) No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled.The applicant shall submit a site plan. The CWS site is accessible from a looped driveway on SW 85th Avenue, a public street, as shown on the attached site plans. This access point will also serve the solar installation, which is on CWS property. The existing access complies with city standards, and was approved with permits for the construction of the CWS Headworks Building (CUP88-07) and subsequent expansions and improvements to the facility in 1990 nd 1999 (CUP 1999-00003). The proposed solar installation does not create any measurable vehicular or pedestrian trips, does not generate parking demand, and does not require any kind of internal circulation system. Therefore, no changes to access, egress, or circulation are proposed. This standard is met. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title,provided: 1. Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and 2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the City Joint access is not proposed. This standard does not apply. All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. The existing access connects directly with SW 85th Avenue,which is a public street. No new curb cuts are proposed. This standard has been met. Required Walkway Location SolarCity PAGE 11 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • On-site pedestrian walkways shall comply with the following standards: Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; The project does not contain any occupied structures and is neither a commercial, institutional, or commercial use. The general public and/or pedestrians will not have access to this facility. Occasional visits (approximately 2 to 3 times per year) from a service technician will be the only proposed use and impact on the internal transportation system. This standard does not apply. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes,benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; As discussed previously in this report,pedestrian walkways are not required. This standard does not apply. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. As discussed previously in this report,pedestrian walkways are not required. This standard does not apply. Access Management (Section 18.705.030.H): An access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and A deceleration standards as set by ODOT,Washington County, the City and ASHTO. As discussed previously in this report, the project site is accessible from a looped driveway on SW 85th Avenue, a public street, as shown on the attached site plans. This access point will also serve the solar installation. The existing access complies with city standards, and was approved with the development of the treatment plant. The proposed solar installation does not create any measurable vehicular or pedestrian trips, does not generate parking demand, and does not require any kind of internal circulation system. Therefore,no changes to access,egress, or circulation are proposed. This standard is met. Driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical,the driveway shall be placed as far from the intersection as possible. As discussed previously in this report, the project site is accessible from a looped driveway on SW 85th Avenue, a public street, as shown on the attached site plans. This access point will also serve the solar installation. The existing access complies with city standards, and was approved with the development of the treatment plant. The proposed solar installation does not create any measurable vehicular or pedestrian trips, does not generate parking demand, and does not require any kind of internal circulation system. Therefore,no changes to access, egress, or circulation are proposed. This standard is met. SolarCity PAGE 12 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 111111 • Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. As discussed previously in this report, the project site is accessible from a looped driveway on SW 85th Avenue, a public street, as shown on the attached site plans. This access point will also serve the solar installation. The existing access complies with city standards, and was approved with the development of the treatment plant.The proposed solar installation does not create any measurable vehicular or pedestrian trips, does not generate parking demand, and does not require any kind of internal circulation system. Therefore,no changes to access,egress,or circulation are proposed. This standard is met. Minimum Access requirements for commercial and industrial use. Table 18.705.3 requires projects with 0 required parking spaces to provide a minimum of one driveway,with a minimum access width of 30' and 24' curbs. As discussed previously in this report, the project site is accessible from a looped driveway on SW 85th Avenue, a public street, as shown on the attached site plans. This access point will also serve the solar installation. The existing access complies with city standards, and was approved with the development of the treatment plant.The proposed solar installation does not create any measurable vehicular or pedestrian trips, does not generate parking demand, and does not require any kind of internal circulation system. Therefore,no changes to access, egress, or circulation are proposed. This standard is met. FINDING: As discussed in the analysis above, as conditioned the Access, Egress, and Circulation standards will be met. ENVIRONMENTAL PERFORMANCE STANDARDS—CHAPTER 18.725: Requires that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise,visible emissions,vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the Commercial zoning districts and the Industrial Park (I-P) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam)which is visible from a property line. Department of Environmental Quality(DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district,which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited.DEQ rules for odors (340-028-090) apply. Glare and heat. No direct or s reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. The proposed solar photovoltaic system generates no noise when in operation.There are no visible emissions associated with the operation of solar panels. The solar installation will generate no vibration or odors of any kind when in operation. SolarCity PAGE 13 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • The solar panels have a very low reflectivity, since the purpose of a solar panel is to absorb solar radiation,not to reflect it. A technical specification sheet for the panels that will be used is shown in Exhibit 5 of the application materials. In addition,a photograph of a similar installation at PCC Rock Creek Campus (Figure 1 and cover sheet of the application materials) demonstrates the low reflectivity of the panels. No lighting is proposed with the development. The solar installation does not have any elements that attract or harbor insects or rodents. The racking structures are made of steel and the panels are predominantly glass. There is no evidence in the record that would suggest that any problems associated with noise, emissions, vibrations,odors,glare and heat,or insects and rodents would result from this specific development. This standard is met. FINDING: Based on the information provided by the applicant, the use of the property will conform to the above requirements. If for some reason the above standards were in question, and it was subsequently found that the use was out of compliance with any of the above standards, the property owner would be subject to code enforcement, court review, possible fines,and revocation of the Conditional Use Permit. LANDSCAPING AND SCREENING—CHAPTER 18.745: General Provisions A. Obligation to maintain. Unless otherwise provided by the lease agreement, the owner, tenant and his agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping and screening which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, shall be replaced or repaired as necessary, and shall be kept free from refuse and debris. B. Pruning required. All plant growth in landscaped areas of developments shall be controlled by pruning, trimming or otherwise so that: 1. It will not interfere with the maintenance or repair of any public utility; 2. It will not restrict pedestrian or vehicular access; and 3. It will not constitute a traffic hazard because of reduced visibility. C. Installation requirements.The installation of all landscaping shall be as follows: 1.All landscaping shall be installed according to accepted planting procedures; 2. The plant materials shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock(ANSI Z60,1-1986, and any future revisions); and 3. Landscaping shall be installed in accordance with the provisions of this title. D. Certificate of occupancy. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. E. Protection of existing vegetation. Existing vegetation on a site shall be protected as much as possible: 1. The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and 2.The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around individual trees). F. Care of landscaping along public rights-of-way. Appropriate methods for the care and maintenance of street trees and landscaping materials shall be provided by the owner of the property abutting the rights-of-way unless otherwise required for emergency conditions and the safety of the general public. G. Conditions of approval of existing vegetation. The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. H. Height restrictions abutting public rights-of-way. No trees, shrubs or plantings more than 18 inches in height shall be planted in the public right-of-way abutting roadways having no established curb and gutter. The existing conditions of the site are that it is heavily landscaped along the north and west perimeter of the land where the proposed solar installation will be located. The applicant has submitted an arborist's SolarCity PAGE 14 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • S report that details the recommended location of fencing to protect existing trees and associate vegetation. As discussed below in findings related to 18.790, a condition of approval will ensure the recommendations of the arborists report are implemented. This standard is met. Street trees: Section 18.745.040 states that all development projects fronting on a public street shall be required to plant street trees in accordance with Section 18.745.040.0 Section 18.745.040.0 requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small,medium or large). The adjoining public street (85`h Avenue) is lined with established street trees that were installed to City standards. This standard is met. Buffering and Screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with Tables 18.745.1 and 18.745.2. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the Director's approval as an alternative to the buffer area landscaping and screening standards, provided it affords the same degree of buffering and screening as required by the Tigard Development Code. As set forth in Table 17.745.1, a proposed land use in an I-P zoning district must install a Type "E" buffer when detached single family homes are located on an adjacent property. The west boundary of the property presently contains buffering and screening equivalent to a level `F"as part of the implementation of the CWS expansion approved under a Conditional Use Permit in 1999. As such the existing buffering and screening exceeds the minimum required for this project.This standard is met. FINDING: Based on the analysis above, and conditions elsewhere in this report, the Land Use Buffering and Screening standards have been met. OFF-STREET PARKING AND LOADING(18.765) At the time of the erection of a new structure within any zoning district, off-street vehicle parking will be provided in accordance with Section 18.765.070. Minimum and maximum required off-street vehicle and parking requirements are set forth in Table 18.765.2 of the Tigard Development Code. As a basic utility facility, the requirement minimum and maximum number of vehicle spaces is listed as "none". Similarly no bicycle spaces are required. As the facility will be unmanned and infrequently visited by maintenance staff,no parking spaces are proposed. A gravel overlay will provide access and temporary parking as needed. This standard is met. With regard to access to public streets from off-street parking: Access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site;The number and size of access drives shall be in accordance with the requirements of Chapter, 18.705,Access, Egress and Circulation; As discussed earlier in this report, this standard is met. Access drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives; As discussed elsewhere in this report and as indicated in the application materials, access from the public street is through a clearly and permanently marked circular driveway. Access to the secure area containing the photovoltaic panels will not be available to the general public, and will only be accessed by maintenance personal. Maintenance access will occur off of the looped driveway, across a grasscrete pad. This standard is met. Access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; As discussed elsewhere in this report, the existing access drive was approved and built to City standards by Clean Water Services. No changes are proposed that would affect compliance with Visual Clearance Requirements. This standard is met. Access drives shall be improved with an asphalt, concrete, or pervious paving surface. Any SolarCity PAGE 15 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • pervious paving surface must be designed and maintained to remain well-drained; As discussed elsewhere in this report and as indicated in the application materials, access from the public street is through a clearly and permanently marked circular driveway. Access to the secure area containing the photovoltaic panels will not be available to the general public, and will only be accessed by maintenance personal. Maintenance access will occur off of the looped driveway, across a grasscrete pad. This standard is met. Excluding single-family and duplex residences, except as provided by Subsection 18.810.030P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. No parking spaces are required or proposed. As such this does not apply. Minimum Bicycle Parking Requirements: The total number of required bicycle parking spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. Bicycle parking is neither required or proposed. This criterion does not apply. FINDING: As discussed in the analysis above,the Access,Egress,and Circulation standards will be met. TREE REMOVAL—CHAPTER 18.790: Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist be provided for a conditional use application. The tree plan shall include identification of all existing trees, Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, identification of which trees are proposed to be removed, and a protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The proposed development involves a conditional use and a site development review. A tree plan is required and has been included with the application materials. This standard is met. Plan requirements. The tree plan shall include the following: identification of the location, size and species of all existing trees including trees designated as significant by the city; identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper; identification of all trees which are proposed to be removed; and a protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The applicant has provided a treelan conducted by Jim Meyers, an ISA certified arborist, identifying all trees greater than six inches in diameter. None of- existing trees are proposed for removal, and protection measures have been identified and detailed within the report and on the proposed site plan. In order to ensure the recommendations of the tree plan are implemented and the standard is met, conditions of approval are recommended. FINDING: Based on the analysis above, and comments provided by the City's Arborist, the Tree Removal standards can be met, provided the applicant complies with the conditions listed below CONDITION: Prior to any site work, the project arborist shall submit a written report stating that tree protection fencing has been erected around tree protection zones on the project site as directed by the project arborist and in accordance with the approved tree plan. The applicant shall allow access by City Staff for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the approved tree plan plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. SolarCity PAGE 16 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • If any development related activity is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely impacts to the trees. The proposal shall be reviewed and approved by the Planning Division before proposed work can proceed within a tree protection zone. The Planning Division may require changes prior to approval. The project arborist shall be on site while work is occurring within the tree protection zone and submit a summary report certifying that the work occurred per the proposal and will not significantly impact the health and/or stability of the trees. Prior to final inspection, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees. Tree protection measures may be removed and final inspection authorized upon review and approval by the Planning Division. The applicant/owner shall record deed restrictions to the effect that any existing tree greater than 6"diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restrictions may be removed or will be considered invalid if all trees preserved in accordance with this decision should either die or be removed as hazardous trees. VISUAL CLEARANCE AREAS—CHAPTER 18.795: A clear vision area shall contain no vehicle, hedge, planting, fence,wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. At the intersection of a non-arterial street more than 24 feet in width and a driveway, a visual clearance area shall be a triangle formed by the right-of-way or property lines along such lots and a straight line joining the right-of-way or property line at points which are 30 feet distance from the intersection of the right-of-way line and measured along such lines. Vehicular access to the site is via an existing,looped driveway that connects to SW 85th Avenue at the front of the site. This driveway was constructed to City standards under CU88-07to serve the CWS building on the property,but it can also be used to serve the solar installation. The driveway will not be altered in any way as part of this development application. This standard is met. FINDING: Based on the analysis above,the vision clearance standards have been met. C. STREET AND UTILITY IMPROVEMENTS STANDARDS CHAPTER-18.810: 18.810.020 General Provisions 18.810.020 establishes general provisions for street and utility improvement standards. Unless otherwise provided, construction, reconstruction or repair of streets, sidewalks, curbs and other public improvements shall occur in accordance with the standards of this title. No development may occur and no land use application may be approved unless the public facilities related to development comply with the public facility requirements established in this section and adequate public facilities are available. Applicants may be required to dedicate land and build required public improvements only when the required exaction is directly related to and roughly proportional to the impact of the development. As detailed in the applicant's impact study, quoted below, the proposed development will create virtually no additional impacts to public facility infrastructure. Existing systems have the capacity to serve the solar installation. SolarCity PAGE 17 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • Transportation: Once the proposed solar installation is complete, maintenance visits by a single employee in a regular passenger vehicle will occur two to three times per year. This amount of traffic impact is indistinguishable from overall background conditions and can be easily accommodated by the existing roadway network, which includes SW 85th entering the site. SW 85th is an "arterial" street, according to city maps (City of Tigard,2035 Transportation System Plan,Figure 5.2). Because the proposed development is an unstaffed basic utility use, it generates no new employees, customers, or residents. Thus, there will be no impact to pedestrian or bicycle systems. Drainage: The proposed development adds approximately 29,000 square feet of new development area to the site, much of which is impervious surface solar panels. However, this overstates the true area of impervious surface to be added. Between the rows of panels and underneath them, the ground will remain covered with turf and will retain its ability to absorb water. New impervious ground surface will be limited to the footprint of the posts supporting the racks on which the panels sit. These posts are pile-driven into the soil, eliminating the need for concrete foundations. Consequently, each post creates approximately 0.3 square feet of impervious surface. With approximately 370 posts in the entire installation, the new array creates 110 square feet of new impervious surface. This is an insignificant addition to the site given the large area of well drained,vegetated cover. The vegetative (turf) cover and well drained soils allow for all runoff to be addressed at the site without an engineered stormwater facility. Parks: Because the proposed development is an unstaffed basic utility use,it generates no new employees, customers,or residents.Thus,there will be no impact to or increased demand on the parks system. Water: The proposed solar installation does not require any potable water to operate. No new connections to the city water system are proposed,and there will be no impact to city water supply. Sewer: Although the proposed solar development is on the same property as the sewer provider for the City of Tigard, a photovoltaic array does not require any sewer connections or generate any additional demand for sewer services.This proposal will have no impact on this public facility. In sum, public facilities in existence at the site are adequate to support the proposed development, primarily because the proposed development generates no service impacts. As a result no improvements to public facilities are proposed as part of the requested development. Exaction of land for transportation improvements is not roughly proportional to the transportation-related development impacts, which are effectively zero. The provision of water and sanitary sewer is not requested nor required. This standard is met. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. SolarCity PAGE 18 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • The additional impervious area created by the proposed photovoltaic panels, associated racking, and gravel access drive is negligible and as such no on-site water quality facility is required. A fee-in-lieu payment for the additional impervious surface is acceptable,and will be conditioned. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The erosion control requirements will be required as part of normal building permit review. As such this standard is met. D. IMPACT STUDY: Section 18.390.040.B.2.e states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. As discussed earlier in this report, the applicant has submitted an impact study addressing the required elements above. The report substantiates that all services are capable of serving the site. This standard is met. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. As discussed earlier in this report, no dedication of real property is required as the impact of the development is not sufficient to require any exactions. This standard is met. FINDING: As discussed in the analysis above and elsewhere in this report, standards relating to public facilities have been met. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Development Engineering Department was sent this proposal for review and the comments have been incorporated in sections 18.810 of this report. City of Tigard Building Department and Public Works Department were given the opportunity to review the application and did not comment. SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue, Clean Water Services, Oregon Department of Energy, Tigard/Tualatin School District, and Portland General Electric were given the opportunity to review this proposal and submitted no comments or objections. October 11,2012 PREPARED BY: John Floyd,Associate Planner DA 1'h I:\CURPLN\JohnF\CUP\SolarCity at Durham Facility\CUP2012-00014 Staff Report Proofed Final.docx SolarCity PAGE 19 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER e d c b Exhibit 4 - Site Plan C ;* ''.SoOSu 1 -`.n II !F I ^ r (me)-Isd lan-1.5-2WS 4e.)tW 6311-1020 I.....d.wsw .-- .'".W .r n,.�. -w , I r • �, HEREINCONTANED$HALLNOTnBE USED �F'.i44_IYK Y i� T FCR THE BENEFIT OF ANYONE EXCEPT 1 f �I - - _ SOLARCITY INC NOR SHALL IT BE ... a �_ o� " � �J o aERsouT�sDEMaE oR ITHE ters LT • /. 4`� - _-',./4'-'\<•<._ s • •L 1a F_rE • • • • • �- l - a S s� �,�_ t ORGANIZATION,EXCEPT N CONNECTION , j--.Y--.J ___ * rE �w /vol.,i •/; e ` G NTH THE SALE AND USE OF THE / '- .♦ • i ♦ /� -- i" II i I y RESPECTIVE SOLARCITY EQUIPMENT, _/ E cc .�•1 MTIKKIT 1HE MTITTEN PERMISSION OF f?, A-,, -_,___.....7.----:-..-,--_-__:-.-_-_-_,-;_____ .11,.. 4%, -//ij•� E s ,. 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',1'1::••\'''''''"'••-_------ / 1 lit I I- I 1 T I _� (N)IREE PR CTION FENCE I \ .s LOCILTE(130' EASTERN l ) V SOLAR ARRAY REVISIONS �, ' -3 ILEA BY DATE COMMENTS ; �: � IDA * •rr • `, I I I I 2 1 ` -\ i / - I I. d (N)TREE PROTECTION FENCE L- -- - - — - ..'C/ _ . \ 9y I - LOCATED 30'FROM SOUTHERN ^� '- t �� ,}, Ie v_ 9 MOST SOLAR ARRAY � � � / ' `` I I ---1.3 . �_ - / >•:— -..\�` ___.--- // 1 JOB DETAILS Tigord I —_- ,' =�_/!� ___ - _-o_- -_f __ Ji- I= — R S 71 08)TRNA SOLAR 0 TDM-235PA05 { `- - --'�, � ,' ' - �- F - SCHLETTWR GROUND MOUNT .am ---- �/--- f Yultyk Inrplers • I W TANDR :i I + N rc * w. r • . .. a PV SITE PLAN 4/24/2012 LEASE"' lllllll / EXISTING DOUGLAS FIR 4 _ s ? a4C 8IY S 72898 00 - e - - d - - c - - b- - a - MEETING RECORDS • 0 ligCity of Tigard Hearings Officer Agenda T I GARD MEETING DATE: October 22, 2012, 7:00 p.m. MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 STAFF REPORTS: Available to the public 7 days prior to the hearing date Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Friday prior to the meeting. Please call 503-639-4171,ext. 2438 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for qualified sign language interpreters for persons with speech or hearing impairments;and qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. To request such services,please notify the City of Tigard of your need(s) by 5:00 p.m. no less than one (1)week prior to the meeting date at the same phone numbers listed above so that we can make the appropriate arrangements. 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 SOLARCITY PHOTVOLTAIC ARRAY CONDITIONAL USE PERMIT (CUP) 2012-00014 PROPOSAL: The applicant is requesting approval of a Conditional use Permit for the construction of a 0.66 acre public utility facility. The facility will consist of approximately 1,700 solar panels measuring three feet wide by five feet tall,mounted on metal racks and approximately 7.5 feet tall at their highest point. No grading, tree removal, or change to natural drainage is proposed. LOCATION: 16375 SW 85th Avenue;Washington County Tax Map 2S114AA,Tax Lots 400, 500, &600 ZONE: I-P: Industrial Park District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.530, 18.705, 18.725, 18.745, 18.765, 18.790, 18.795,and 18.810. 3. OTHER BUSINESS 4. ADJOURNMENT HEARINGS OFFICER AGENDA- OCTOBER 22, 2012 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov 1 Page 1 of1 • Agenda Item: 2.1 Hearing Date: I I ',! -• •I I • kd STAFF REPORT TO THE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON T I G A R D 120 DAYS = I K SECTION I. APPLICATION SUMMARY FILE NAME: SOLARCITY PHOTOVOLTAIC FACILITY CASE NOS: Conditional Use Permit (CUP) CUP2012-00014 APPLICANT: SolarCity OWNER: Clean Water Services Derek Cropp Randy Naef,Principal Engineer 6132 NE 112th Ave 16060 SW 85th Ave Portland, Oregon 97218 Tigard, OR 97224 PROPOSAL: The applicant is requesting approval of a Conditional Use Permit for the construction of a 0.66 acre public utility facility. The facility will consist of approximately 1,700 solar panels measuring three feet wide by five feet tall, mounted on metal racks and approximately 7.5 feet tall at their highest point. No grading, tree removal, or change to natural drainage is proposed. LOCATION: The project is located at 16375 SW 85th Avenue; Washington County Tax Assessor's Map 2S114AA,Tax Lots 400, 500,& 600. ZONING: I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants,personal services and fitness centers,in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to ensure that developments will be well integrated, attractively landscaped, and pedestrian friendly. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.530, 18.705, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Conditional Use will not adversely affect the health, safety and welfare of the City and meets the Approval Standards for a Conditional Use as outlined in this report. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval: SolarCity PAGE 1 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: Submit to the Current Planning Division (John Floyd, (503) 718-2429) for review and approval: 1. Prior to any site work, the project arborist shall submit a written report stating that tree protection fencing has been erected around tree protection zones on the project site as directed by the project arborist and in accordance with the approved tree plan. The applicant shall allow access by City Staff for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the approved tree plan or to maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. 2. If any development related activity is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely impacts to the trees. The proposal shall be reviewed and approved by the Planning Division before proposed work can proceed within a tree protection zone. The Planning Division may require changes prior to approval. The project arborist shall be on site while work is occurring within the tree protection zone and submit a summary report certifying that the work occurred per the proposal and will not significantly impact the health and/or stability of the trees. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL APPROVAL OF THE SITE PERMIT IMPROVEMENTS. Submit to the Current Planning Division (John Floyd, (503) 718-2429) for review and approval: 3. Prior to final inspection, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees. Tree protection measures may be removed and final inspection authorized upon review and approval by the Planning Division. 4. The applicant/owner shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restrictions may be removed or will be considered invalid if all trees preserved in accordance with this decision should either die or be removed as hazardous trees. THIS APPROVAL MUST BE IMPLEMENTED WITHIN 18 MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION. SECTION III. BACKGROUND INFORMATION Proposal: SolarCity proposes to build a solar installation for generating electricity at the Clean Water Services' (CWS) Durham Advanced Wastewater Treatment Facility (AWWTF) at 16375 SW 85th Avenue in Tigard. The installation will be located between the headworks facility and the AWWTF's western property line. The Tigard High School running track and soccer field are located west of the project site. The installation will consist of approximately 1,700 solar photovoltaic panels,mounted on steel supports set into the ground. The panels are tilted diagonally on their racks so that the edge of the panels at the highest point is approximately 7.5 feet above the natural grade,and the downslope part of the panels is about two feet off the ground.An 8' wide gravel access road is proposed along the eastern edge of the property. The installation will occupy about 0.66 acres of the 9.36-acre project site.The CWS property will be leased by SolarCity for the new use. SolarCity PAGE 2 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • Each panel,manufactured in Hillsboro, Oregon by SolarWorld,is about three feet wide by five feet long and each generates 240 watts of power. The entire installation will produce 408,000 kilowatt hours of electricity per year, roughly the same as would be consumed by 40 to 50 households. The power generated will be used by the CWS wastewater treatment facility predominantly, according to terms of a 20 year agreement between SolarCity and CWS. Further, SolarCity will sign an "Agreement for Net Metering and Interconnection Services" with PGE. The essence of this agreement is that when the system generates power beyond the demand requirements of the wastewater treatment facility, SolarCity can feed the surplus energy back into the grid. Existing Conditions: The solar installation is proposed on two minimally developed tax lots, 400 and 600, that contain an existing circular driveway and parking lot for an associated wastewater headworks building that is predominantly located on a third tax lot, 500. The site, for purposes of this application, is comprised of these three tax lots and totals 9.36 acres. The majority of the site is an open, grassy field, west of the headworks facility at CWS' Durham Advanced Wastewater Treatment Facility. Elevation varies on the site as a result of historical land sculpturing. A raised berm runs along the western and northwestern property line,and is planted with a mixture of trees and dense shrubs to serve as screening and buffering between the wastewater treatment plant and adjoining properties. A windbreak of Douglas firs is located on the southern boundary of the project site. Southwest 85th Avenue adjoins the property to the east,with existing driveways that enter onto the street. Vicinity Information: This site is located in the southeast corner of Tigard, in an industrial area situated on SW 85th Avenue. To the north of the site is Durham-Hall Business Park, a warehouse and office center. To the west is Tigard High School's running track and soccer field. To the south is another lot associated with the CWS treatment plant. Residential development along SW Waverly Drive is to the southwest. Neighbor Comments: The applicant held a neighborhood meeting on August 2, 2012. No neighbors attended the meeting, and no comments have been received by staff. SECTION IV. REPORT MAKING PROCEDURES, PERMITS AND USE Use Classification Chapter 18.130 lists the Use Categories. The proposed Basic Utility is a use which is permitted as a conditional use in the I-P (Industrial Park) zone. Summary of Land Use Permits and Decision-making Procedures Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030A and subject to other requirements in this chapter. Type III-HO procedures apply to quasi-judicial permits and actions that predominantly contain discretionary approval criteria. Type III-HO actions are decided by the Hearings Officer with appeals being heard by the City Council. SECTION V. SUMMARY OF APPLICABLE CRITERIA Staff has reviewed the proposal for consistency with the following code sections. Findings for these code sections are in Section VI of this report. A. Zoning Districts 18.530 - Industrial Zoning Districts B. Applicable Development Code Standards 18.330 - Conditional Use 18.360 - Site Development Review 18.530—Industrial Zoning Districts 18.705 -Access Egress and Circulation 18.725 - Environmental Performance Standards 18.745 -Landscaping and Screening SolarCity PAGE 3 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • 18.765 - Off-Street Parking and Loading 18.790 -Tree Removal 18.795 -Visual Clearance C. Street and Utility Improvement Standards D. Impact Study SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA Section 18.330.010.A states that the purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030A and subject to other requirements in Chapter 18.330. GENERAL APPROVAL CRITERIA FOR A CONDITIONAL USE: SECTION 18.330.030 The site size and dimensions provide adequate area for the needs of the proposed use; The proposed use is a basic utility, consisting of a photovoltaic electricity generating installation. The proposed solar array will occupy approximately 0.66 acres, or seven percent of the 9.36 acre project site. As shown on the site plan (Exhibit 4), a large area of the southern tax lot (TL 600) and along the west and south sides of the property will remain undeveloped and landscaped with groundcover or trees;its current state.The areas that will remain undeveloped are north facing, shady, or currently forested, and therefore not useful for siting solar panels. That there is such a large amount of space on the property that will remain undeveloped demonstrates that the size and dimensions of the existing site can satisfy the needs of the proposed (basic utility) use. Moreover, the project has sufficient space within the site, even while meeting the required 50 foot setback,which is the largest setback between uses imposed by the Tigard Code. This standard is met. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography,and natural features; The impacts of the proposed use are minimal. Once the proposed solar installation is complete, maintenance visits by a single employee in a regular passenger vehicle will occur two to three times per year.The solar array makes no noise, consumes no water, and generates no sewage or other airborne emissions. The panels themselves are not reflective, and they create no glare on adjacent properties. The visibility of the development is very low,because none of the structures is more than eight feet high,and the perimeter of the site is bounded by a tall berm that is edged with a thick buffer of trees and shrubs. Overall, the minimal impacts of the proposed use can be accommodated by the site. This standard is met. All required public facilities have adequate capacity to serve the proposal;and The proposed development will create virtually no additional impacts to public facility infrastructure. Existing systems have the capacity to serve the solar installation. Transportation: Once the proposed solar installation is complete, maintenance visits by a single employee in a regular passenger vehicle will occur two to three times per year. This amount of traffic impact is indistinguishable from overall background conditions and can be easily accommodated by the existing roadway network, which includes SW 85th entering the site. SW 85th is an "arterial" street, according to city maps (City of Tigard, 2035 Transportation System Plan, Figure 5.2). Because the proposed development is an unstaffed basic utility use, it generates no new employees, customers, or residents. Thus, there will be no impact to pedestrian or bicycle systems. Drainage: The proposed development adds approximately 29,000 square feet of new development area to the site, much of which is impervious surface solar panels. However, this overstates the true area of impervious surface to be added. Between the rows of panels and underneath them, the ground will remain covered with turf and will retain its ability to absorb water. New impervious ground surface will be limited to the footprint SolarCity PAGE 4 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • of the posts supporting the racks on which the panels sit. These posts are pile-driven into the soil, eliminating the need for concrete foundations. Consequently, each post creates approximately 0.3 square feet of impervious surface. With approximately 370 posts in the entire installation, the new array creates 110 square feet of new impervious surface. This is an insignificant addition to the site given the large area of well drained, vegetated cover. An illustration of the system is shown in a photograph (Figure 3) of a similar project and in Exhibit 5 showing detail of the racking system. The vegetative (turf) cover and well drained soils allow for all runoff to be addressed at the site without an engineered stormwater facility. Parks: Because the proposed development is an unstaffed basic utility use, it generates no new employees, customers, or residents.Thus, there will be no impact to or increased demand on the parks system. Water: The proposed solar installation does not require any water to operate. No new connections to the city water system are proposed,and there will be no impact to city water supply. Sewer: Although the proposed solar development is on the same property as the sewer provider for the City of Tigard, a photovoltaic array does not require any sewer connections or generate any additional demand for sewer services.This proposal will have no impact on this public facility. In sum,public facilities in existence at the site are adequate to support the proposed development because the proposed development generates no service impacts. The applicable requirements of the zoning district are met except as modified by this chapter. The requirements of the I-P zoning district are met by the proposed development. Each requirement is addressed in detail within the findings for this specific section, 18.530. The application does not request or need any modifications or exceptions to the existing standards. The applicable requirements of 18.330.050; and The additional development standards of 18.330.050 include a section on basic utilities. They are addressed in that. The supplementary requirements set forth in other chapters of this Code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met or can be conditioned to be satisfied. These findings address all the applicable sections of the code, and follow the direction given by the City of Tigard in their notes to the pre-application conference. No signs are proposed in association with the development, so Chapter 18.780 is not directly applicable. Site Development Review standards are addressed in the findings immediately following this one. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is implemented by the Community Development Code. Compliance with Comprehensive Plan policies are,therefore, assured by satisfaction of the applicable development standards of the development code as addressed within this report. FINDING: As indicated in the analysis above, the site would be suitable for the proposed development and the General Approval Criteria for a Conditional Use would be satisfied. ADDITIONAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE. Section 18.330.030.B states that the Hearings Authority may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: Limiting the hours, days,place and/or manner of operation; The solar panels are unoccupied and generate no noise or light, as such hours of operation are not applicable. SolarCity PAGE 5 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER ! S Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; Potential nuisance impacts from the solar array are essentially non-existent. Once installed, the solar array makes no noise, needs almost no maintenance, and generates virtually no trips to the site. No vibration, odors, dust, or other air pollution will be generated. The panels themselves are not reflective, and they create no glare on adjacent properties. Visibility of the development is very low, because none of the structures is more than eight feet high, and sight lines to the property are blocked by a thick, perimeter buffer of trees, shrubs, and an up-to-12-feet-high berm. Requiring additional setback areas, lot area, and/or lot depth or width; As demonstrated in this report, minimum requirements for setbacks and lot areas are satisfied by this project. The substantial size of the property,minimal lot coverage, and existing screening on the undeveloped portions render additional setbacks or lot area as unnecessary Limiting the building height, size or lot coverage, and/or location on the site; At approximately 7.5 feet in height, the building is well below the 45 foot maximum height in the I-P zoning district. Proposed lot coverage is less than 7% of the entire site, and the proposed location avoids visual impacts to offsite properties. Therefore, such limitations are unnecessary. Designating the size, number, location and/or design of vehicle access points; The project will utilize an existing circular driveway fronting 85th Avenue, and will generate almost no vehicle trips per year. Therefore, such limitations are unnecessary. Requiring street right-of-way to be dedicated and street(s) to be improved; The project will result in virtually no additional vehicle trips per year to the site, and as such any right-of-way dedications or street improvements would not be proportional to the impact of the project on the transportation system. Therefore, such limitations are unnecessary. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; These items are addressed later in this report. The proposal will meet the prescribed requirements of the TDC. Therefore, such limitations are unnecessary. Limiting the number, size, location,height and/or lighting of signs; Signs are not a component of the project. Therefore, such limitations are unnecessary. Limiting or setting standards for the location and/or intensity of outdoor lighting; Lighting is not proposed as part of this project. Therefore, such limitations are unnecessary.. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; These items are addressed later in this report. The proposal will meet the prescribed requirements of the TDC. Therefore, such limitations are unnecessary. Requiring and designating the size,height,location and/or materials for fences; No new fences are proposed with the application. Therefore, such limitations are unnecessary. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; The project is located on a previously disturbed site with no watercourses. A tree protection plan has been submitted as part of the project and conditions of approval will ensure its implementation during SolarCity PAGE 6 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • S construction. These items are addressed later in this report, and as conditioned the proposal will meet the prescribed requirements of the TDC. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain; and The project does not include land form alterations or development within the 100-year floodplain. Therefore, such dedications are unnecessary. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The project site does not contain land within the floodplain. Therefore, such construction is unnecessary. FINDING: Hearings Authority may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. As conditioned elsewhere in the report, the project will be found compatible and impacts nonexistent or minimized. ADDITIONAL DEVELOPMENT STANDARDS FOR CONDITIONAL USE TYPES: SECTION 18.330.050 Emergency Services and Basic Utilities: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks shall be those in the applicable zone; c. Height limitation shall be in accordance with Chapter 18.730; d. Off-street parking and loading requirement shall be in accordance with Chapter 18.765; and e. Screening shall be in accordance with Chapter 18.745. Minimum lot size: The site is three tax lots comprising 9.36 acres. The two tax lots on which the solar installation is located are 3.04 and 5.39 acres, exceeding 5,000 square feet. This standard is met. Minimum setbacks are 50 feet on the rear and south sides, 0 feet to the north side (because this abuts industrial zoning) and 35 feet on the front. The front of the lot is along SW 85th, the sides are to the north and south, and the rear is against the high school property. All setbacks exceed the minimums required in the code, as shown on the site plan (Exhibit 4 of the application materials). This standard is met The height limitation of the I-P zone (45 feet) is met: the tallest structure is 7.5 feet above grade. None of the exceptions to standards height limitations (18.730) are applicable,nor are they needed for the proposed structures. This standard is met No off street parking or loading is required for a basic utility use per Table 18.765.2. None is proposed for the development,which will generate no new parking demand. This standard is met Screening to level "F" is required west of the proposed development, following a condition of approval in the 1999 decision expanding the CWS facility (CUP 99-0003, Hearings Officer Decision, condition 3, page 2). This screening exceeds the amount required for basic utilities (level "E" per Tables 18.754.1 and 18.745.2). Existing screening is documented on the site plan, and as part of the arborist report. This standard is met FINDING: As indicated in the analysis above, the project satisfies additional development standards applicable to Emergency Services and Basic Utilities. B. APPLICABLE DEVELOPMENT CODE STANDARDS SITE DEVELOPMENT REVIEW (18.360) The Site Development Review approval standards require that a development proposal be found to be consistent with the various standards of the Community Development Code. The SolarCity PAGE 7 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER i • proposal's consistency with these Code Chapters is reviewed in the following sections. 18.360.090 Approval Criteria. The Director shall make a finding with respect to each of the following criteria when approving,approving with conditions,or denying an application: Compliance with all of the applicable requirements of this title including Chapter 18.810, Street and Utility Standards; As demonstrated in this report the proposal meets or has been conditioned to meet all of the applicable requirements of this title.This standard is met. Relationship to the natural and physical environment: Buildings shall be: (1) Located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; (2) Located in areas not subject to ground slumping or sliding; (3) Located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting; and (4) Oriented with consideration for sun and wind. The structures proposed as part of the solar installation are located in a sunny, open field to maximize their ability to generate electricity. No grading, tree removal, or change to natural drainage is proposed. The area where the array will be placed is relatively flat and not subject to ground slumping or sliding. The distance between adjoining "buildings" is shown on the site plan. This provides adequate lig it and air circulation. Fire access is not an issue since the basic utility installation has no combustible elements. This standard is met. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790,Tree Removal. No trees will be removed as a result of this project. As discussed in findings pertaining to 18.790, a tree protection plan has been submitted as part of the application, which contains the recommendations of a certified arborist regarding the protection and preservation of existing trees. This standard is met. Innovative methods and techniques to reduce impacts to site hydrology and fish and wildlife habitat shall be considered based on surface water drainage patterns, identified per Section 18.810.100.A.3. and the City of Tigard "Significant Habitat Areas Map." Methods and techniques for consideration may include,but are not limited to the following: (1)Water quality facilities (for infiltration,retention,detention and/or treatment); (2) Pervious pavement; (3) Soil amendment; Site Development Review 18.360-8 Code Update: 10/10 (4) Roof runoff controls; (5) Fencing to guide animals toward safe passageways; (6) Re-directed outdoor lighting to reduce spill-off into habitat areas; (7) Preservation of existing vegetative and canopy cover. There will be no impacts to surface water drainage patterns. The site is not within or adjacent to a significant habitat area on the City of Tigard "Significant Habitat Areas Map". A "Sensitive Area Pre-Screen Site Assessment" letter was submitted as part of the application and signed by CWS finding no significant impact. As shown in the photograph of a comparable site (Figure 2 of the application materials), the panels are spaced far enough apart to provide areas for rain runoff to be absorbed by the soil. The grass covered ground under the solar panels will remain undisturbed pervious surface. Existing tree cover will be preserved. This standard is met. Buffering,screening and compatibility between adjoining uses: Buffering shall be provided between different types of land uses, for example, between single-family and multiple-family residential, and residential and commercial uses, and the following factors shall be considered in determining the adequacy of the type and extent of the buffer: (1) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (2) The size of the buffer required to achieve the purpose in terms of width and height; SolarCity PAGE 8 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • (3) The direction(s) from which buffering is needed; (4) The required density of the buffering;and (5) Whether the viewer is stationary or mobile. On site screening from view from adjoining properties of such things as service areas, storage areas, parking lots, and mechanical devices on roof tops, i.e., air cooling and heating systems, shall be provided and the following factors will be considered in determining the adequacy of the type and extent of the screening: (1)What needs to be screened; (2)The direction from which it is needed; (3) How dense the screen needs to be; (4)Whether the viewer is stationary or mobile; and (5)Whether the screening needs to be year around. The required setback on the west side of the site, between the CWS property and Tigard High School is 50 feet per 18.530.040.B.The actual setback between the property line and the closest panel is more than 80 feet. The required screen and buffer on this frontage is landscape barrier level "F" which was required as part of the 1999 approval of the CWS Durham facility. This level has been achieved and will be maintained by the facility. It should be noted that the landscape requirements between a light industrial zone and a residential zone is only level "E" (Table 18.745.1), but as a lessee of the property, SolarCity will not encroach into the buffer between the CWS facility and the high school. No landscape buffer is required between the facility and the abutting property to the north, since they are both zoned I-P (Table 18.745.1). This standard is met. Demarcation of public,semi-public and private spaces for crime prevention: a. The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and The proposed solar installation will occur on property owned and controlled by CWS. The site is not open to the public, and is fenced to restrict access. The existing 6 foot security fence around the perimeter of the property will remain in place after installation of the solar array. This standard is met. Crime prevention and safety: a. Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; b. Interior laundry and service areas shall be located in a way that they can be observed by others; c. Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; d. The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime;and e. Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet which is sufficient to illuminate a person. No windows, laundry and service areas, mailboxes, exterior lighting, or "potentially dangerous areas" will be added to the site as part of the solar installation. None of the above standards apply to the proposed development. Public transit: a. Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to or within 500 feet of existing or proposed transit route... The development proposal is 750 feet from the corner of SW 85th and SW Durham,where the nearest transit route (TriMet Line 76)is located.Therefore,this standard does not apply. SolarCity PAGE 9 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • Landscaping: a. All landscaping shall be designed in accordance with the requirements set forth in Chapter 18.745; b. In addition to the open space and recreation area requirements of subsections 5 and 6 above, a minimum of 20 percent of the gross area including parking, loading and service areas shall be landscaped; and c. A minimum of 15 percent of the gross site area shall be landscaped. The site is already landscaped with a thick buffer of trees and shrubs along the north, west, and south perimeters, and grass in the open field where the solar installation is proposed. Existing canopy and condition is outlined in tie arborist report (Exhibit 8). No tree removal or change to the existing landscaping is necessary or proposed. Approximately 76% of the gross area of the site is landscaped. South of the solar installation and around the perimeter of the site,the existing vegetative cover will be untouched. Drainage: All drainage plans shall be designed in accordance with the criteria in the adopted 1981 master drainage plan; There will be no impacts to surface water drainage patterns. All runoff from the panels will flow directly onto and be absorbed by the soil. Under and between the solar panels,the ground will remain undisturbed pervious surface.Existing tree cover around the edges of the site will be preserved. Provision for the disabled: All facilities for the disabled shall be designed in accordance with the requirements set forth in ORS Chapter 447; and The proposed solar array is an unmanned basic utility, not a habitable structure or facility to be used by the public.This standard does not apply. All of the provisions and regulations of the underlying zone shall apply unless modified by other sections or this title, e.g., Planned Developments, Chapter 18.350; or a variance or adjustment granted under Chapter 18.370. The project does not require a variance or adjustment. FINDING: According the analysis above, all of the applicable site development review standards are met or can be conditioned to be met elsewhere in this report. Industrial Zoning Districts (Chapter 18.530) The proposed site is in the I-P (Industrial Park) zoning district. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g. noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to ensure that developments will be well integrated, attractively landscaped, and pedestrian friendly. Table 18.530.2 includes development standards in industrial park zones related to lot size, width, setbacks, maximum height and lot coverage, and minimum landscape requirements. Based on the analysis in the table below,the underlying zone's development standards are met or exceeded. SolarCity PAGE 10 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 1111 S TABLE 18.530.2 DEVELOPMENT STANDARDS IN INDUSTRIAL ZONES STANDARD I-P Proposed Minimum Lot Size None 3.61 Acres& 3.04 Acres Minimum Lot Width 50' 182'&77' Minimum Setbacks -Front yard 35' 280' -Side facing street on corner&through lots [1] 20' n/a -Side yard 0'/50' [3] 63'&160' -Rear yard 0'/50' [3][4] 80' - Distance between front of garage & property line abutting a public or private N/A n/a street Maximum Height 45 ft 7.5' Maximum Site Coverage [2] 75% [5] 24% Minimum Landscape Requirement 25% [6] 76% [1]The provisions of Chapter 18.795 (Vision Clearance)must be satisfied. [2] Includes all buildings and impervious surfaces. [3]No setback shall be required except 50 feet shall be required when the zone abuts a residential district. [4] Development in industrial zones abutting the Rolling Hills neighborhood shall comply with Policy 11.5.1. [5]Maximum site coverage may be increased to 80%if the provisions of Section 18.530.050.B are satisfied. [6]Except that a reduction to 20%of the site may be approved through the site development review process. FINDING: Based on the information provided in the narrative and on the site plan, the development standards in the I-P zone are satisfied. ACCESS,EGRESS AND CIRCULATION (18.705) No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The CWS site is accessible from a looped driveway on SW 85th Avenue, a public street, as shown on the attached site plans. This access point will also serve the solar installation, which is on CWS property. The existing access complies with city standards, and was approved with permits for the construction of the CWS Headworks Building (CUP88-07) and subsequent expansions and improvements to the facility in 1990 nd 1999 (CUP 1999-00003). The proposed solar installation does not create any measurable vehicular or pedestrian trips, does not generate parking demand, and does not require any kind of internal circulation system. Therefore, no changes to access, egress, or circulation are proposed. This standard is met. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title,provided: 1. Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and 2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the City Joint access is not proposed. This standard does not apply. All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. The existing access connects directly with SW 85th Avenue,which is a public street. No new curb cuts are proposed. This standard has been met. Required Walkway Location SolarCity PAGE 11 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • On-site pedestrian walkways shall comply with the following standards: Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; The project does not contain any occupied structures and is neither a commercial, institutional, or commercial use. The general public and/or pedestrians will not have access to this facility. Occasional visits (approximately 2 to 3 times per year) from a service technician will be the only proposed use and impact on the internal transportation system. This standard does not apply. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes,benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; As discussed previously in this report, pedestrian walkways are not required. This standard does not apply. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. As discussed previously in this report, pedestrian walkways are not required. This standard does not apply. Access Management (Section 18.705.030.H): An access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needssight distance and AASHTO. standards as set by ODOT,Washington County, the City and As discussed previously in this report, the project site is accessible from a looped driveway on SW 85th Avenue, a public street, as shown on the attached site plans. This access point will also serve the solar installation. The existing access complies with city standards, and was approved with the development of the treatment plant. The proposed solar installation does not create any measurable vehicular or pedestrian trips, does not generate parking demand, and does not require any kind of internal circulation system. Therefore, no changes to access, egress, or circulation are proposed. This standard is met. Driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. As discussed previously in this report, the project site is accessible from a looped driveway on SW 85th Avenue, a public street, as shown on the attached site plans. This access point will also serve the solar installation. The existing access complies with city standards, and was approved with the development of the treatment plant. The proposed solar installation does not create any measurable vehicular or pedestrian trips, does not generate parking demand, and does not require any kind of internal circulation system. Therefore,no changes to access, egress, or circulation are proposed. This standard is met. SolarCity PAGE 12 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. As discussed previously in this report, the project site is accessible from a looped driveway on SW 85th Avenue, a public street, as shown on the attached site plans. This access point will also serve the solar installation. The existing access complies with city standards, and was approved with the development of the treatment plant. The proposed solar installation does not create any measurable vehicular or pedestrian trips, does not generate parking demand, and does not require any kind of internal circulation system. Therefore, no changes to access, egress, or circulation are proposed. This standard is met. Minimum Access requirements for commercial and industrial use. Table 18.705.3 requires projects with 0 required parking spaces to provide a minimum of one driveway,with a minimum access width of 30' and 24' curbs. As discussed previously in this report, the project site is accessible from a looped driveway on SW 85th Avenue, a public street, as shown on the attached site plans. This access point will also serve the solar installation. The existing access complies with city standards, and was approved with the development of the treatment plant. The proposed solar installation does not create any measurable vehicular or pedestrian trips, does not generate parking demand, and does not require any kind of internal circulation system. Therefore, no changes to access, egress, or circulation are proposed. This standard is met. FINDING: As discussed in the analysis above, as conditioned the Access, Egress, and Circulation standards will be met. ENVIRONMENTAL PERFORMANCE STANDARDS—CHAPTER 18.725: Requires that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise,visible emissions,vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the Commercial zoning districts and the Industrial Park (I-P) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam)which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district, which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. The proposed solar photovoltaic system generates no noise when in operation. There are no visible emissions associated with the operation of solar panels. The solar installation will generate no vibration or odors of any kind when in operation. SolarCity PAGE 13 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • The solar panels have a very low reflectivity, since the purpose of a solar panel is to absorb solar radiation, not to reflect it. A technical specification sheet for the panels that will be used is shown in Exhibit 5 of the application materials. In addition, a photograph of a similar installation at PCC Rock Creek Campus (Figure 1 and cover sheet of the application materials) demonstrates the low reflectivity of the panels. No lighting is proposed with the development. The solar installation does not have any elements that attract or harbor insects or rodents. The racking structures are made of steel and the panels are predominantly glass. There is no evidence in the record that would suggest that any problems associated with noise, emissions, vibrations,odors,glare and heat,or insects and rodents would result from this specific development. This standard is met. FINDING: Based on the information provided by the applicant, the use of the property will conform to the above requirements. If for some reason the above standards were in question, and it was subsequently found that the use was out of compliance with any of the above standards, the property owner would be subject to code enforcement, court review, possible fines, and revocation of the Conditional Use Permit. LANDSCAPING AND SCREENING—CHAPTER 18.745: General Provisions A. Obligation to maintain. Unless otherwise provided by the lease agreement, the owner, tenant and his agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping and screening which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, shall be replaced or repaired as necessary, and shall be kept free from refuse and debris. B. Pruning required. All plant growth in landscaped areas of developments shall be controlled by pruning, trimming or otherwise so that: 1. It will not interfere with the maintenance or repair of any public utility; 2. It will not restrict pedestrian or vehicular access; and 3. It will not constitute a traffic hazard because of reduced visibility. C. Installation requirements. The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures; 2. The plant materials shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z60, 1-1986, and any future revisions); and 3. Landscaping shall be installed in accordance with the provisions of this title. D. Certificate of occupancy. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. E. Protection of existing vegetation. Existing vegetation on a site shall be protected as much as possible: 1. The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and 2. The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can belaced around individual trees). F. Care of landscaping along public rights -of-way. Appropriate methods for the care and maintenance of street trees and landscaping materials shall be provided by the owner of the property abutting the rights-of-way unless otherwise required for emergency conditions and the safety of the general public. G. Conditions of approval of existing vegetation. The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. H. Height restrictions abutting public rights-of-way. No trees, shrubs or plantings more than 18 inches in height shall be planted in the public right-of-way abutting roadways having no established curb and gutter. The existing conditions of the site are that it is heavily landscaped along the north and west perimeter of the land where the proposed solar installation will be located. The applicant has submitted an arborist's SolarCity PAGE 14 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • report that details the recommended location of fencing to protect existing trees and associate vegetation. As discussed below in findings related to 18.790, a condition of approval will ensure the recommendations of the arborists report are implemented. This standard is met. Street trees: Section 18.745.040 states that all development projects fronting on a public street shall be required to plant street trees in accordance with Section 18.745.040.0 Section 18.745.040.0 requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small,medium or large). The adjoining public street (85`h Avenue) is lined with established street trees that were installed to City standards. This standard is met. Buffering and Screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with Tables 18.745.1 and 18.745.2. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the Director's approval as an alternative to the buffer area landscaping and screening standards, provided it affords the same degree of buffering and screening as required by the Tigard Development Code. As set forth in Table 17.745.1, a proposed land use in an I-P zoning district must install a Type "E" buffer when detached single family homes are located on an adjacent property. The west boundary of the property presently contains buffering and screening equivalent to a level `F" as part of the implementation of the CWS expansion approved under a Conditional Use Permit in 1999. As such the existing buffering and screening exceeds the minimum required for this project.This standard is met. FINDING: Based on the analysis above, and conditions elsewhere in this report, the Land Use Buffering and Screening standards have been met. OFF-STREET PARKING AND LOADING (18.765) At the time of the erection of a new structure within any zoning district, off-street vehicle parking will be provided in accordance with Section 18.765.070. Minimum and maximum required off-street vehicle and parking requirements are set forth in Table 18.765.2 of the Tigard Development Code. As a basic utility facility, the requirement minimum and maximum number of vehicle spaces is listed as "none". Similarly no bicycle spaces are required. As the facility will be unmanned and infrequently visited by maintenance staff, no parking spaces are proposed. A gravel overlay will provide access and temporary parking as needed. This standard is met. With regard to access to public streets from off-street parking: Access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; The number and size of access drives shall be in accordance with the requirements of Chapter, 18.705,Access, Egress and Circulation; As discussed earlier in this report, this standard is met. Access drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives; As discussed elsewhere in this report and as indicated in the application materials, access from the public street is through a clearly and permanently marked circular driveway. Access to the secure area containing the photovoltaic panels will not be available to the general public, and will only be accessed by maintenance personal. Maintenance access will occur off of the looped driveway, across a grasscrete pad. This standard-is met. Access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; As discussed elsewhere in this report, the existing access drive was approved and built to City standards by Clean Water Services. No changes are proposed that would affect compliance with Visual Clearance Requirements. This standard is met. Access drives shall be improved with an asphalt, concrete, or pervious paving surface. Any SolarCity PAGE 15 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • pervious paving surface must be designed and maintained to remain well-drained; As discussed elsewhere in this report and as indicated in the application materials, access from the public street is through a clearly and permanently marked circular driveway. Access to the secure area containing the photovoltaic panels will not be available to the general public, and will only be accessed by maintenance personal. Maintenance access will occur off of the looped driveway, across a grasscrete pad. This standard is met. Excluding single-family and duplex residences, except as provided by Subsection 18.810.030P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. No parking spaces are required or proposed. As such this does not apply. Minimum Bicycle Parking Requirements: The total number of required bicycle parking spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. Bicycle parking is neither required or proposed. This criterion does not apply. FINDING: As discussed in the analysis above,the Access,Egress,and Circulation standards will be met. TREE REMOVAL—CHAPTER 18.790: Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist be provided for a conditional use application. The tree plan shall include identification of all existing trees, Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, identification of which trees are proposed to be removed, and a protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The proposed development involves a conditional use and a site development review. A tree plan is required and has been included with the application materials. This standard is met. Plan requirements. The tree plan shall include the following: identification of the location, size and species of all existing trees including trees designated as significant by the city; identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper; identification of all trees which are proposed to be removed; and a protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The applicant has provided a treelan conducted by im Meyers, an ISA certified arborist, identifying all trees greater than six inches in diameter. None oft the existing trees are proposed for removal, and protection measures have been identified and detailed within the report and on the proposed site plan. In order to ensure the recommendations of the tree plan are implemented and the standard is met, conditions of approval are recommended. FINDING: Based on the analysis above, and comments provided by the City's Arborist, the Tree Removal standards can be met, provided the applicant complies with the conditions listed below CONDITION: Prior to any site work, the project arborist shall submit a written report stating that tree protection fencing has been erected around tree protection zones on the project site as directed by the project arborist and in accordance with the approved tree plan. The applicant shall allow access by City Staff for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the approved tree plan plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. SolarCity PAGE 16 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • If any development related activity is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely impacts to the trees. The proposal shall be reviewed and approved by the Planning Division before proposed work can proceed within a tree protection zone. The Planning Division may require changes prior to approval. The project arborist shall be on site while work is occurring within the tree protection zone and submit a summary report certifying that the work occurred per the proposal and will not significantly impact the health and/or stability of the trees. Prior to final inspection, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees. Tree protection measures may be removed and final inspection authorized upon review and approval by the Planning Division. The applicant/owner shall record deed restrictions to the effect that any existing tree greater than 6"diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restrictions may be removed or will be considered invalid if all trees preserved in accordance with this decision should either die or be removed as hazardous trees. VISUAL CLEARANCE AREAS—CHAPTER 18.795: A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. At the intersection of a non-arterial street more than 24 feet in width and a driveway, a visual clearance area shall be a triangle formed by the right-of-way or property lines along such lots and a straight line joining the right-of-way or property line at points which are 30 feet distance from the intersection of the right-of-way line and measured along such lines. Vehicular access to the site is via an existing, looped driveway that connects to SW 85th Avenue at the front of the site. This driveway was constructed to City standards under CU88-07to serve the CWS building on the property, but it can also be used to serve the solar installation. The driveway will not be altered in any way as part of this development application. This standard is met. FINDING: Based on the analysis above,the vision clearance standards have been met. C. STREET AND UTILITY IMPROVEMENTS STANDARDS CHAPTER- 18.810: 18.810.020 General Provisions 18.810.020 establishes general provisions for street and utility improvement standards. Unless otherwise provided, construction, reconstruction or repair of streets, sidewalks, curbs and other public improvements shall occur in accordance with the standards of this title. No development may occur and no land use application may be approved unless the public facilities related to development comply with the public facility requirements established in this section and adequate public facilities are available. Applicants may be required to dedicate land and build required public improvements only when the required exaction is directly related to and roughly proportional to the impact of the development. As detailed in the applicant's impact study, quoted below, the proposed development will create virtually no additional impacts to public facility infrastructure. Existing systems have the capacity to serve the solar installation. SolarCity PAGE 17 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • Transportation: Once the proposed solar installation is complete, maintenance visits by a single employee in a regular passenger vehicle will occur two to three times per year. This amount of traffic impact is indistinguishable from overall background conditions and can be easily accommodated by the existing roadway network, which includes SW 85th entering the site. SW 85th is an "arterial" street, according to city maps (City of Tigard,2035 Transportation System Plan, Figure 5.2). Because the proposed development is an unstaffed basic utility use, it generates no new employees, customers, or residents. Thus, there will be no impact to pedestrian or bicycle systems. Drainage: The proposed development adds approximately 29,000 square feet of new development area to the site, much of which is impervious surface solar panels. However, this overstates the true area of impervious surface to be added. Between the rows of panels and underneath them, the ground will remain covered with turf and will retain its ability to absorb water. New impervious ground surface will be limited to the footprint of the posts supporting the racks on which the panels sit. These posts are pile-driven into the soil, eliminating the need for concrete foundations. Consequently, each post creates approximately 0.3 square feet of impervious surface. With approximately 370 posts in the entire installation, the new array creates 110 square feet of new impervious surface. This is an insignificant addition to the site given the large area of well drained, vegetated cover. The vegetative (turf) cover and well drained soils allow for all runoff to be addressed at the site without an engineered stormwater facility. Parks: Because the proposed development is an unstaffed basic utility use, it generates no new employees, customers, or residents. Thus, there will be no impact to or increased demand on the parks system. Water: The proposed solar installation does not require any potable water to operate. No new connections to the city water system are proposed, and there will be no impact to city water supply. Sewer: Although the proposed solar development is on the same property as the sewer provider for the City of Tigard, a photovoltaic array does not require any sewer connections or generate any additional demand for sewer services. This proposal will have no impact on this public facility. In sum, public facilities in existence at the site are adequate to support the proposed development, primarily because the proposed development generates no service impacts. As a result no improvements to public facilities are proposed as part of the requested development. Exaction of land for transportation improvements is not roughly proportional to the transportation-related development impacts, which are effectively zero. The provision of water and sanitary sewer is not requested nor required. This standard is met. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. SolarCity PAGE 18 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • The additional impervious area created by the proposed photovoltaic panels, associated racking, and gravel access drive is negligible and as such no on-site water quality facility is required. A fee-in-lieu payment for the additional impervious surface is acceptable,and will be conditioned. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The erosion control requirements will be required as part of normal building permit review. As such this standard is met. D. IMPACT STUDY: Section 18.390.040.B.2.e states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. As discussed earlier in this report, the applicant has submitted an impact study addressing the required elements above. The report substantiates that all services are capable of serving the site. This standard is met. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. As discussed earlier in this report, no dedication of real property is required as the impact of the development is not sufficient to require any exactions. This standard is met. FINDING: As discussed in the analysis above and elsewhere in this report, standards relating to public facilities have been met. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Development Engineering Department was sent this proposal for review and the comments have been incorporated in sections 18.810 of this report. City of Tigard Building Department and Public Works Department were given the opportunity to review the application and did not comment. SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue, Clean Water Services, Oregon Department of Energy, Tigard/Tualatin School District, and Portland General Electric were given the opportunity to review this proposal and submitted no comments or objections. October 11, 2012 PREPARED '.. John Floyd,Associate Planner DATE I:AC.I'RP1.N\Johnl\CI TP\So/ay(ity al Durham I aei1ily\CI'P2012-00014 Staff Report_Pro%d Pinal.doev SolarCity PAGE 19 OF 19 CUP2012-00014 10/22/12 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 1 Depending on the number of people wishing to testify, the Tigard Hearing's Officer may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Hearing's Officer may further limit time if necessary. Written comments are always appreciated by the Hearing's Officer to supplement oral testimony. AGENDA ITEM NO.: 2.1 DATE: OCTOBER 22, 2012 PAGE 1 OF 1 FILE NAME: SOLARCITY PHOTOVOLTAIC ARRAY CASE NOS.: CONDITIONAL USE PERMIT 2012-00014 IF YOU WISH TO TESTIFY ON THE ITEM INDICATED ABOVE, PLEASE PRINT YOUR NAME, ADDRESS & INCLUDE YOUR ZIP CODE PROPONENT OF APPLICATION OPPONENT OF APPLICATION - (Speaking In Favor or Neutral)- - (Speaking Against)- Name,Address,Zip Code and Phone No. I Name,Address,Zip Code and Phone No. Name,Address,Zip Code and Phone No. 1 Name,Address,Zip Code and Phone No. Name,Address,Zip Code and Phone No. I Name,Address,Zip Code and Phone No. Name,Address,Zip Code and Phone No. I Name,Address,Zip Code and Phone No. Name,Address,Zip Code and Phone No. Name,Address,Zip Code and Phone No. _ I Name,Address,Zip Code and Phone No. I Name,Address,Zip Code and Phone No. L /1 Good Evening— Introduction The application before you is for a CONDITIONAL USE PERMIT to authorize the establishment of a PUBLIC UTILITY FACILITY This facility is comprised of approximately 1,700 solar panels located in an unimproved field on the CWS Durham Advanced Wastewater Treatment Plant. Field is located between the Headworks Building that fronts 85th Avenue and a planted berm to screen the wastewater plant from Tigard High School and Waverly Estates Subdivision to the west and southwest. The panels will be mounted on metal racks and stand approximately 7.5 feet high. There is no associated grading, tree removal, or change in natural drainage. Staff has not received any verbal or written comments from nearby property owners. 4/hirlle As detailed in the report before you, Staff has reviewed the project and found it consistent with/development standards and will not adversely affect the health, safety, and welfare of the City. As such we recommend approval subject to four conditions of approval to ensure the project complies with development regulations during the construction process. Following completion and distribution of the staff report, three agencies commented on the project. The hearings officer was sent copies of their letters prior to the hearing, and the originals are part of the record in the room this evening. ➢ Tualatin Valley Fire & Rescue reviewed the project and had not comments. ➢ Clean Water Services reviewed the project and had no*.comments. ➢ Portland Gas & Electrict reviewed the project and commented twice. o The first was sent on October 15 and requested a 10' utility easement across CWS property and associated improvements to bring utility service to existing powerpoles on SW 85th Avenu o Revised letter of October 22 dropped their request for a 10' utility easement and associated powerpoles if the applicant was to connect to an existing substation owned and operated by Clean Water Services. o The applicant has indicated they intend to utilize to existing CWS substation owned and maintained by CWS. As such staff does not recommend any conditions or changes as a result of this comment. REQUEST FOR COMMENTS • CITY OF TIGARD REQUEST FOR CENTS C(/Pc2'/ NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENTTAPPLICATTIONS FILE NOS.: (� `OO() /t( FILE NAME: &/cw✓'Ci'W CITY OFFICES _C.D.ADMINISTRATION/ ,CD Director EVELOPMENT SERVICES/ /Arborist UBLIC WORKS/Mike Stone,City Engineer _C.D.ADMINISTRATION/ ,Asst.CD Director BUILDING DIVISION/Mark VanDomelen,Building Official EARINGS OFFICER(+2 sets) _CITY ADMINISTRATION'Cathy Wheatley,City Recorder OLICE DEPARTMENT/Jim Wolf,Crime Prevention OfficerLANNING COMMISSION(+12 sets) _DEVELOPMENT SERVICES/Planning-Engineering Techs. BLIC WORKS/Brian Rager,Assistant PW Director FILE/REFERENCE(+2 sets) _DEVELOPMENT SERVICES/ Development Eng. _PUBLIC WORKS/Steve Martin,Parks Manager SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST.*' TUALATIN VALLEY FIRE&RESCUE* _ TUALATIN VALLEY WATER DISTRICT* CLEAN WATER SERVICES* Planning Manager North Division Administrative Office Development Services Department 15707 SW Walker Road John Wolff,Deputy Fire Marshall 1850 SW 170th Avenue David Schweitzer/SWM Program Beaverton,OR 97006 14� O V Jenkins Road Beaverton,OR 97006 2550 SW Hillsboro Highway Be n,OR 97005-1152 Hillsboro,OR 97123 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON • _ CITY OF TUALATIN* _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager Elizabeth Ruther,Habitat Biologist Melinda Wood 0A/LUN Form Required) _ Steven Sparks,Dev.Svcs.Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 18330 NW Sauvie Island Road Salem,OR 97301-1279 Beaverton,OR 97076 Portland,OR 97231 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING* _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 17160 SW Upper Boones Fry.Rd._ Joanna Mensher,Data Resource Center(ZCA-Adopted) US ARMY CORPS.OF ENG. Durham,OR 97224 _ Paulette Copperstone,(ZCA-RFC Only) _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Maps&CWS Letter Only) _ 0.Gerald Uba,Ph.D.,(CPA/DCA/ZON) Mara UIIoa(Comp.Plan Amendments&Measure 37) Routing CENWP-OP-G CITY OF KING CITY* 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 1� �/ \ WASHINGTON COUNTY ��,vs R.DEPT.OF ENERGY(Poweriines in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue _ CITY OF LAKE OSWEGO * Routing TTRC—Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 _Naomi Vogel-Beattie(General Apt Lake Oswego,OR 97034 _Brent Curtis(CPA) OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Assessment&Taxation(ZCA)MS g _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Development Review Coordinator _Doria Mateja,Cartography(ZCA)MS 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacations) 1900 SW 4th Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _OR.PARKS&REC.DEPT. _WA.CO.CONSOL.COMM.AGNCY _ODOT,REGION 1 -DISTRICT 2A* _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin(WCCCA)'911"(MonopoleTowa,$) Chad Gordon,Assistant District Manager (Notify if ODOT R/R-Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,Sr.Crossing Safety Specialist (Notify If Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13th Street,NE,Suite 3 725 Sumner St.NE,Suite C Salem,OR 97301-4179 Salem,OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe R/R Predecessor) Bruce Carswell,President&General Manager 200 Hawthorne Avenue SE,Suite C320 Salem,OR 97301-5294 _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Gerald Backhaus(s..Map for Area contact) (If Project Is Within'''A Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 yPORTLAND GENERAL ELECTRIC _NW NATURAL GAS COMPANY —VERIZON —CENTURYLINK Mike Hieb Svc.Design Consultant Scott Palmer,Engineering Coord. John Cousineau,OSP Network Lynn Smith 9480 SW Boeckman Road 220 NW Second Avenue 4155 SW Cedar Hills Blvd. Right-of-Way Manager,OR&SW Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97005 8021 SW Capitol Hill Road Portland,OR 97219 YNTIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jennifer Garland,Demographics Alex Silantiev(see Map tor Area Contact) Brian Every(App.E of M.MN.or aaw) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg.12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). I:\CURPLN\Masters\Request For Comments Notification List.doc (UPDATED:Jul 11,2012) (If you update this roster,also update:I:\CURPLN\Masters Request For Comments Notification labels.doc)(This document is password protected.Please see Chris or Doreen if you need updates. Thank you.) Easy Peel®Labels A NM=; Bend along line to SAVERY®5961TM Use Avery®Template 5161® Feed Paper j expose Pop-up EdgeTM I\CURPLN\MASTERS\REQUEST FOR COMMENTS SOP is in I\CDADM\Doreen\Request for Comments MAILING LABELS (addresses correspond to Instructions. This document is password protected for those listed on I\CURPLN\MASTERS\REQUEST FOR editing. See Chris or Doreen if you have updates or COMMENTS NOFICATION LIST- 12-Jul-11 update) changes. TUALATIN VALLEY FIRE&RESCUE(TVF&R) NORTH DIV BUILDING DEPT JOHN WOLFF, DEP FIRE MARSHALL MARK VANDOMELEN, BLDG OFFICIAL 11945 SW 70th AVENUE TIGARD OR 97223-9196 CLEAN WATER SVCS DEV SVCS DEPT PUBLIC WORKS DAVID SCHWEITZER/SWM PROGRAM MIKE STONE, CITY ENGINEER 2550 SW HILLSBORO HIGHWAY HILLSBORO OR 97123 OR DEPT OF,ENERGY BONNEVILLE POWER ADMIN HEARINGS OFFICERS (+2 SETS) ROUTING TTRC ATTN RENAE FERRERA POB 3621 PORTLAND OR 97208-3621 PORTLAND GENERAL ELECTRIC FILE REFERENCE (+2 SETS) MIKE HIEB SVC DESIGN CONSULTANT 9480 SW BOECKMAN RD WILSONVILLE OR 97070 9/27/2012 TIGARD/TUALATIN SCHOOL DISTRICT 23J CUP 2012-00014 TERI BRADY ADMINISTRATIVE OFFICES SOLAR CITY 6960 SW SANDBURG ST JOHN FLOYD TIGARD OR 97223-8039 ,CURPLN\MASTERS\REQUEST FOR COMMENTS_MAILING LABELS HESE ARE THE ADDRESSES LISTED ON CITY OF TIGARD REQUEST FOR COMMENTS MASTER FROM I\CURPLN\MASTERS 9/27/2012 (Wiley) Etiquettes faciles a peler ARepliez a la hachure afin de www.avery.com Utilisez le aabarit AVERY®5161® Sens de charaement , reveler le rebord Poo-uoTM i_sinn_r.n_eucov Easy Peel®Labels A OM=; Bend along line to AVERY®59611M Use Avery®Template 5161® Feed Paper °"1" 1 expose Pop-up Edger," j 2S114AD01200 2S114AD02600 BUTLER,THOMAS M&CANDACE R DINH,HANH VU 8899 SW WAVERLY DR TRUONG,VAN KIM TIGARD,OR 97224 8876 SW WAVERLY DR TIGARD,OR 97224 2S114AD00200 2S114AD01800 CLEAN WATER SERVICES EPP,KEVIN PETER& 2550 SW HILLSBORO HWY JEANETTE KAY HILLSBORO,OR 97123 16600 SW 88TH PL TIGARD,OR 97224 2S114AA0•••• 2S114AD01600 CLEAN WA ERVICES FLOYD,LAVONNE 2550 SW LLSBO''HWY 8819 SW WAVERLY DR HI ::ORO,OR 9712 TIGARD,OR 97224 2S114AA00500 2S114AD02900 CLEAN W R S ICES FORREST,ROBERT A&BARBARA J 2550 SW HIL RO HWY 16672 SW 89TH PL HILLS ,,OR 23 TIGARD,OR 97224 2S114AA• •00 2S114AD02700 CLEAN WA ' R 'VICES HERMANN,KENNETH D&BErl E ANNE 2550 SW HI :•RO HWY 8894 SW WAVERLY DR HILLSB e '0,OR 23 TIGARD,OR 97224 2S114ADO. •. 2S114AD01900 CLEAN WAT . . ‘CES HJELM,ROXANNE 2550 SW HI B• ••HWY HAWKINS,KONNI J HILLSB i 'O,OR 97123 16622 SW 88TH PL TIGARD,OR 97224 2S114AD0. *0 2S114AD01500 CLEAN WA • .ERVICES JOHNSON-BRISSETT,KIRSTEN E 2550 SW HI.A:•RO HWY 8845 SW WAVERLY DR HILL 0'0,OR 123 TIGARD,OR 97224 2S113B000600 2S114AD02000 CLEAN WATER SERVICES MAXWELL FAMILY TRUST ATTN.•ACCOUNTS PAYABLE 9593 WORSWICK CT 2550 SW HILLSBORO HWY WELLINGTON,FL 33414 HILLSBORO,OR 97123 2S114AD02400 2S114AD02500 COLLIGAN,PAUL W&HEIDI L O'NEAL,JEROLD A&JILL A 8820 SW WAVERLY DR 8852 SW WAVERLY DR TIGARD,OR 97224 TIGARD,OR 97224 2S114AD01300 2S114AD02200 DAVIS,EL WOODS PENNINGTON,MALCOLM B& 8887 SW WAVERLY DR SHELLEY V TIGARD,OR 97224 16653 SW 88TH PL TIGARD,OR 97224 Etiquettes faciles a peler A i Repliez a la hachure afin de www.avery.com Utilisez le gabarit AVERY® 5161® Sens de chargement j reveler le rebord Pop-upTM 1-800-GO-AVERY j Easy Peel® Labels A ; Bend along line toIcipTM Use Avery®Template 5161® Feed Paper �A expose Pop-up EdgeTM AVERY 5961 2S114AD03200 2S114AA00200 RODGERS,ANDREW R WH SHIPMAN LIMITED PROUT,LINDSEY K BY NORRIS&STEVENS INC 8910 SW WAVERLY DR 621 SW MORRISON STE 800 TIGARD,OR 97224 PORTLAND,OR 97205 2S114AD01400 2S114 A00300 SCHUBERT,JEREMY&ALLISON WH SH ' AN LIMI 8863 SW WAVERLY DR BY NORRIS YENS INC TIGARD,OR 97224 621 SW Me ' ' STE 800 PORT •ND,OR 9 •5 2S114AD02800 2S114AD01700 SNOW,ERIC YEFREMOV,VALENTINI&NATALYA BONDS,JESSICA H 8801 SW WAVERLY DR 16650 SW 89TH PL PORTLAND,OR 97224 TIGARD,OR 97224 2S114AD02300 2S114AD02100 SOBETZKI,APRIL A&OLIVER K ZOUCHA,MICHAEL S 8808 SW WAVERLY DR 16676 SW 88TH PL TIGARD,OR 97223 TIGARD,OR 97224 2S114A001500 TIGARD,CITY OF 13125 SW HALL TIGARD,OR 97223 2S114AA00100 TIGARD-TUALATIN SCHOOL DISTRICT 6960 SW SANDBURG ST TIGARD,OR 97223 2S114AD01100 VASQUEZ,JULISSA JAIMES,DAVID 8905 SW WAVERLY DR TIGARD,OR 97224 2S114AD0, .0 WAVERLY C•. ' RUCTION , 00000 2S114AD04 WAVERLY E ES OWNER OF LOTS 17-22 , 0000 2S114A 500 WAVERL ST ES OWNER OF LOTS 26-31 , 00000 Etiquettes faciles a peler A � Repliez a la hachure afin de www.avery.com Utilisez le gabarit AVERY® 5161® Sens de chargement j reveler le rebord Pop-upTM 1-800-GO-AVERY � Easy Peel® Labels A - I Bend along line to ' Use Avery®Template 5161® Feed Paper �j' expose Pop-up Edger"" \AtJERY®5961TM DON & DOROTHY ERDT The following labels list interested persons who requested notice 13760 SW 121ST AVENUE re:ANY development ANYWHERE in Tigard. See Memo for File re: TIGARD OR 97223 Interested Parties Update,August 2012. BARRY ALBERTSON VANESSA FOSTER 15445 SW 150TH AVE 13085 SW HOWARD DR TIGARD OR 97224 TIGARD OR 97223 SUSAN BEILKE JOHN FREWING 11755 SW 114TH PLACE 7110 SW LOLA LANE TIGARD OR 97223 TIGARD OR 97223 ELLEN BEILSTEIN BEVERLY FROUDE 14630 SW 1391H AVE 12200 SW BULL MOUNTAIN ROAD TIGARD OR 97224 TIGARD OR 97224 HEIDI BRENNEMAN NAOMI GALLUCCI 11680 SW TIGARD DRIVE 11285 SW 78TH AVENUE TIGARD OR 97223 TIGARD OR 97223 GRETCHEN BUEHNER 13249 SW 136TH PLACE TIGARD OR 97224 REX CAFFALL KEVIN HOGAN 13205 SW VILLAGE GLENN 143357 SW 133RD AVENUE TIGARD OR 97223 TIGARD OR 97224 LORA GARLAND, CITY RECORDS HAROLD AND RUTH HOWLAND CITY OF TIGARD 13145 SW BENISH 13125 SW HALL BLVD TIGARD OR 97223 TIGARD OR 97223 CPO 4B PATRICIA KEERINS 16200 SW PACIFIC HWY, STE H242 12195 SW 1215T AVE TIGARD OR 97224 TIGARD OR 97223 /CURPLN/SetUp/Labels/CIT Citywide Last Update:08 21 2012 Etiquettes faciles a peler A I Repliez a la hachure afin de www.avery.com Utilisez le gabarit AVERY®5161® Sens de chargement j reveler le rebord Pop-upTM 1-800-GO-AVERY j Easy Peel® Labels A 1111 ; Bend along line to \AVERY®5961TM � Use Avery®Template 5161® Feed Paper 1 expose Pop-up EdgeTM ALEXANDER CRAGHEAD 12205 SW HALL BOULEVARD TIGARD OR 97223-6210 GENE MILDREN BRAD SPRING MILDREN DESIGN GROUP 7555 SW SPRUCE STREET 7650 SW BEVELAND ST,STE 120 TIGARD OR 97223 TIGARD OR 97223 NATHAN AND ANN MURDOCK CHARLIE AND LARIE STALZER 7415 SW SPRUCE STREET 14781 SW JULIET TERRACE TIGARD OR 97223 TIGARD OR 97224 PATTY NEWTH ROSS SUNDBERG 12180 SW MERESTONE COURT 16382 SW 104TH AVE TIGARD OR 97223 TIGARD OR 97224 TODD HARDING & BLAKE HERING JR. JOSH THOMAS NORRIS BEGGS&SIMPSON 10372 SW BONANZA WAY 121 SW MORRISON, SUITE 200 TIGARD OR 97224 PORTLAND OR 97204 SHANNEN WILLIAMS RAPPOLD DAVID WALSH MARKETING/BUSINESS DEV MGR 10236 SW STUART COURT PERLO CONSTRUCTION TIGARD OR 97223 7190 SW SANDBURG ST PORTLAND OR 97223 BRIAN WEGENER SUE RORMAN 9830 SW KIMBERLY DRIVE 11250 SW 82ND AVE TIGARD OR 97224 TIGARD OR 97223 I/CURPLN/SetUp/Labels/CIT Citywide Last Update:08 21 2012 Etiquettes faciles a peler A i Repliez a la hachure afin de www.avery.com Utilisez le gabarit AVERY® 5161® Sens de chargement j reveler le rebord Pop-upTM 1-800-GO-AVERY j • • ■ City of Tigard T I G A R D REQUEST FOR COMMENTS DATE: September 27.2012 TO: Affected Agency FROM: City of Tigard Planning Division STAFF CONTACT: John Floyd.Associate Planner Phone: (503) 718-2429 Fax: (503) 718-2748 Email: johnfl@tigard-or.gov CONDITIONAL USE PERMIT (CUP2012-00014)/ - SOLARCITY PHOTOVOLTAIC ARRAY - REQUEST The applicant is requesting approval of a Conditional use Permit for the construction of a 0.66 acre public utility facility. The facility will consist of approximately 1,700 solar panels measuring three feet wide by five feet tall,mounted on metal racks and approximately 7.5 feet tall at their highest point. No grading, tree removal, or change to natural drainage is proposed. LOCATION: 16375 SW 85th Avenue; Washington County Tax Map 2S114AA, Tax Lots 400, 500, & 600. ZONE: I-P: Industrial Park District COMPREHENSIVE PLAN DESIGNATION: Light Industrial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390,18.530, 18.705,18.725, 18.745,18.765,18.790, 18.795,and 18.810. Attached are the Site Plan,Vicinity Map and Applicant's Statement/Plans for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the ro osal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Y.OCTOBER 18.2012. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date,please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact John Floyd at 503-718-2429 or johnfl(ltigard-or.gov. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: jC We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: Name&Number of Person(s) Commenting: 10 I6 o ,c t Ijr�,,� -NI:- i-2 • • John Floyd From: Ralph Reisbeck <Ralph.Reisbeck@pgn.com> Sent: Monday, October 22, 2012 1:19 PM To: dcropp@solarcity.com Cc: John Floyd; Netmetering; Brian Moore Subject: FW: Clean Water Services Solarcity Photovolaic Array/Abt. 16375 SW 85th Av. Tigard - Provide Underground Net Metering Attachments: Clean Water Services Solarcity Photovolaic Array SW 85th Av. Tigard.pdf To clarify the Utility Easement PGE requested be provided for the new power source to the Solar City Array on Clean Water Services Property:When I was sent the preliminary info on the site I did not know that Solar City was looking to get their power from Clean Water Services existing Underground Electrical Facilities on the East side of SW 85th Ave.This facility of Clean Water Services is behind their Primary Metering from PGE and fed from their own Substation. It is owned and maintained by CWS. PGE would not be involved in providing secondary metered service to this Solar Facility directly from our facilities.This would not require any Easement for PGE facilities. If Solar City and Clean Water Services wanted PGE to provide secondary net metering it would have to be fed off our facilities (3 phase poles)on the east side of SW 85th Ave.to a PGE owned 480V 3P Pad Mounted transformer and through PGE owned secondary conductors to the Net Metering point. This would be the only situation PGE would need a Utility Easement across Clean Water Services Property. Ralph N. Reisbeck Service & Design Project Manager PGE Wilsonville Line Crew Center 9480 SW Boeckman Rd. Wilsonville, Or. 97070 Direct(503) 570-4409 From: Ralph Reisbeck Sent: Monday, October 15, 2012 7:17 AM To: iohnflPtigard-or.gov Subject: Clean Water Services Solarcity Photovolaic Array/ Abt. 16375 SW 85th Av. Tigard - Provide Underground Net Metering Here's PGE Field View map showing some of our poles on the east side of SW 85th Ave. across from what I think is the site.The project would have to bore a minimum 1-4" conduit for PGE power lines under SW Durham Rd.to one of our poles to feed a 480V 3 phase service. PGE Would require a Utility Easement from Clean Water Services at least 10ft in width across their property to the new site. All cost for trench, conduit,transformer pad, metering, road bore and utility easement would be the customer responsibility to provide at their cost. Ralph N. Reisbeck Service& Design Project Manager PGE—Wilsonville Line Crew Center 9480 SW Boeckman Road Wilsonville, Or. 97070 Direct(503) 570-4409 Fax (503) 570-4420 1 N • • . • 111 ■ City ofTigard T I G A R D REQUEST FOR COMMENTS DATE: September 27.2012 TO: Affected Agency FROM: City of Tigard Planning Division STAFF CONTACT: John Floyd,Associate Planner Phone: (503) 718-2429 Fax: (503) 718-2748 Email:johnfl@tigard-or.gov CONDITIONAL USE PERMIT (CUP2012-00014)/ - SOLARCITY PHOTOVOLTAIC ARRAY - REQUEST The applicant is requesting approval of a Conditional use Permit for the construction of a 0.66 acre public utility facility. The facility will consist of approximately 1,700 solar panels measuring three feet wide by five feet tall,mounted on metal racks and approximately 7.5 feet tall at their highest point. No grading, tree removal, or change to natural drainage is proposed. LOCATION: 16375 SW 85th Avenue; Washington County Tax Map 2S114AA, Tax Lots 400, 500, & 600. ZONE: I-P: Industrial Park District COMPREHENSIVE PLAN DESIGNATION: Light Industrial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.530, 18.705, 18.725, 18.745, 18.765, 18.790, 18.795,and 18.810. Attached are the Site Plan,Vicinity Map and Applicant's Statement/Plans for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered,pn the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY:THURSDAY,OCTOBER 18,2012. You may use the space provided below or attach a separate letter to return your continents. If you arc unable to respond by the above date,please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact John Floyd at 503-718-2429 or johnf](a)tigard-or.gov. // (IS- PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: \Ve have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. O(JAen�com01.ments provided//Ve below: /f eiV .P/ 6Afr Jig( OF SW O INE, i 6:C [ill /lib A U7L/T/ f 1f ewr- AC-1214T 'CcoiAl u41 ,S-vcJ'' ///e// /)1 iv F 6triti ;y 6,4-- /1/?1- /710-Whi/ c/61471cC t I Name&Number of Person(s) Commenting:/ ( 9 N x ll-A , fi, L�r�v,uz.-,6--e I 0 I o I _.1 I—. -1I 0 in 11 rt.. 1-6 AL-TX 00032 '',__ \\„\\ C '------1 L- 17 \ / --7 1 2006-65 ._._, C-795 AAC ! .** •:0-795 AAC I N-4/0 AAC..........,.......„...2i al T-- &MA c---' I DISCONNECT J L004-I ON 1 A!Ti):• 01854- '7; 00022/ 0 ill '- PL0390403904 2006-60 J53394-87 • ie. 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(N)FEE C.:JTECT.yI FENCE L y/ J LOCQED 30 TRiu SCUTNETa1 C.\ - -+ /11f - �_—.�Y./ II{L I-,I - — Vi.ST Y.lA4 A4RAT '/ \ci \ \ _ �/ ,G.' /� J __ \ \_ _19 - \ 1 I wy ___T.•.. /S a� Y. - - - ) - _ - _ -- _ L' _ I I t T7E'iii ItSTY _ _ f��" L (.7.)..,„.I 1,/1-?S77A46 I L - i\ - �\ /i -� F,_ _ tan �_sx\ - - \A !i I ETTIP CROIX)WAIT 1 q _ A !. _- • �••e..��` \ �r I Fuer II ' PV SITE PLAN I 2, I: uASE • c. E -� ra•w• ' - �` Y �i/ -- --- - -1 -..-. I r.. ., C nm V./tI D Ctic9 / E•STIA PUVGUS RN _-..---� _-__ ../ .t ,� of — IT —- — - — _ �i =,•-6— ...-1' 1972898o 9t • / �__� � ,- ::L''''----;7,--, r '.. - .fir._. *1. 1, (4) .. • • CleanWater Services MEMORANDUM Date: October 18, 2012 To: John Floyd, Associate Planner, City of Tigard From: Jackie Sue Humphreys lean Water Services (the District) Subject: Solarcity Photovoltaic Array, CUP2012-00014, 2S114AA00400, 00500, 00600 Clean Water Services has no concerns or objections to this application request. As submitted,this application request will not require further review or the issuance of a Storm Water Connection Permit Authorization. 2550 SW Hillsboro Highway • Hillsboro,Oregon 97123 Phone: (503)681-3600 • Fax: (503)681-3603 • cleanwaterservices.org • • John Floyd From: Ralph Reisbeck <Ralph.Reisbeck@pgn.com> Sent: Monday, October 15, 2012 7:17 AM To: John Floyd Subject: Clean Water Services Solarcity Photovolaic Array/Abt. 16375 SW 85th Av. Tigard - Provide Underground Net Metering Attachments: Clean Water Services Solarcity Photovolaic Array SW 85th Av. Tigard.pdf Here's PGE Field View map showing some of our poles on the east side of SW 85th Ave. across from what I think is the site.The project would have to bore a minimum 1-4" conduit for PGE power lines under SW Durham Rd.to one of our poles to feed a 480V 3 phase service. PGE Would require a Utility Easement from Clean Water Services at least 10ft in width across their property to the new site. All cost for trench, conduit,transformer pad, metering, road bore and utility easement would be the customer responsibility to provide at their cost. Ralph N. Reisbeck Service & Design Project Manager PGE—Wilsonville Line Crew Center 9480 SW Boeckman Road Wilsonville,Or. 97070 Direct(503) 570-4409 Fax(503) 570-4420 1 • • S • I ■ City ofTigard y E;f, REQUEST FOR COMMENTS DATE: September 27.2012 TO: erected Agency FROM: City of Tigard Planning Division I STAFF CONTACT: John Floyd,Associate Planner Phone: (503) 718-2429 Fax: (503) 718-2748 Email:johnfl@tigard-or.gov CONDITIONAL USE PERMIT(CUP2012-00014)/ - SOLARCITY PHOTOVOLTAIC ARRAY - REQUEST The applicant is requesting approval of a Conditional use Permit for the construction of a 0.66 acre public utility facility. The facility will consist of approximately 1,700 solar panels measuring three feet wide by five feet tall,mounted on metal racks and approximately 7.5 feet tall at their highest point. No grading, tree removal, or change to natural drainage is proposed. LOCATION: 16375 SW 85th Avenue; Washington County Tax Map 2S114AA,Tax Lots 400, 500, & 600. ZONE: I-P: Industrial Park District COMPREHENSIVE PLAN DESIGNATION: Light Industrial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390,18.530,18.705,18.725,18.745, 18.765, 18.790,18.795,and 18.810. Attached are the Site Plan,Vicinity Map and Applicant's Statement/Plans for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be preparedand a decision will be rendered the proposal in the near future. If you wish to comment on this application, WE NEEYOUR COMMENTS BACK BY!THURSDAY,OCTOBER 18,2012. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date,please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact John Floyd at 503-718-2429 or johnfl@tjgard-or gov. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. 7µ (3C��enr 7provtl/1ie 5J , jive_ f/� (1 f 5-1A/ 8lJt ,4 j, /06:c. 04w /1/ V A VOL'Ty r r AC--12.013" ICL W U ,S-tic"' /44/060/ 71) Name&Number of Person(s)Commenting:/Jif ,4 'j/t J!)P� U1,��V/ut I'6 , (503) 00- 909 , • 2 • • • • fribit 4 - Site Plan • 4;.4600127 .'J f `f, X.cr..,...-,Sr.s0-a wy PL �' '�. ,' i+1,i l,i �.. w:'S.,0n iii.1•TOI•.I we.,*4.4,1.- .4- 1 ___ + ! CC•.•10EMJIR-BC A•CAv1TiN< .+3'�1. w. r. 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CITY OF TIGARD TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Numbers: CONDITIONAL USE PERMIT (CUP) 2012-00014 Case Name: SOLARCITY PHOTOVOLTAIC ARRAY Applicant's Name/Address: SolarCity 6132 NE 112th Avenue Portland Oregon 97218 Owner's Name/Address: Clean Water Services 16060 SW 85th Avenue Tigard Oregon 97224 Address of Property: 16375 SW 85th Avenue Tat Map/Lot Nos.: Washington Co.Tax Assessor's Map No. 2S1114AA,,Tax Lots 400, 500,and 600. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT. THE CITY OF TIGARD HEARINGS OFFICER HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MA 1'ERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON OCTOBER 23, 2012 TO RECEIVE 1'FSTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request: > The applicant is requesting approval of a Conditional use Permit for the construction of a 0.66 acre public utility facility. The facility will consist of approximately 1,700 solar panels measuring three feet wide by five feet tall,mounted on metal racks and approximately 7.5 feet tall at their highest point. No grading, tree removal, or change to natural drainage is proposed. At the duly noticed public hearing on October 23, 2012 the Hearings Officer approved the Conditional Use Permit, subject to four conditions of approval. Zone: I-P: Industrial Park District. Applicable Review Criteria: Community Development Code Chapters 18.330, 18.390, 18.530, 18.705, 18.725, 18.745, 18.765, 18.790, 18.795,and 18.810. Action: > 0 Approval as Requested ❑x Approval Subject to Conditions 0 Denial Notice: Notice was published in the newspaper and mailed to: x❑ Owners of Record within the Required Distance ❑x Affected Government Agencies x❑ Interested Parties El Applicants and Owners The adopted findings of fact and decision can be obtained from the Planning Division/Community Development Department at the City of Tigard Permit Center at City Hall. Final Decision: THIS DECISION IS FINAL ON OCTOBER 30,2012 AND BECOMES EFFECTIVE ON NOVEMBER 14,2012 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223. THE DEADLINE FOR FILING AN APPEAL IS 4:30 PM ON NOVEMBER 13,2012.I Questions: If you have any questions, please call the Associate Planner John Floyd in the City of Tigard Planning Division at 503-718-2429 or johnfl@tigard-or.gov. ` • • IPINotice of a Public Hearing — Type IIIA ■ Conditional Use TIGARD SolarCity Photovoltaic Array - Case ID: CUP2012-00014 Tigard Community Development Contact Information Date of Notice: Thursday, September 27, 2012 To: Interested Persons Staff Contact: John Floyd 503-718-2429 Johnfl@tigard-or.gov Development is proposed in your neighborhood that requires a land use review. The Hearings Officer will conduct a public hearing beginning at 7:00 pm on Monday, October 22, 2012 in the Town Hall of the Tigard Civic Center at 13125 SW Hall Blvd.,Tigard, Oregon 97223. Anyone wishing to present written testimony on this proposed action may do so by sending it in writing to John Floyd. We need to receive your written comments by 5:00 p.m. on Thursday, October 18, 2012 . Please mail or deliver your comments to 13125 SW Hall Blvd., Tigard, Oregon 97223. Include the Case ID Number: CUP2012-00014. Please address your comments to the appropriate staff person: John Floyd. Anyone wishing to present oral testimony may do so at the hearing. Information About the Proposal Description of the Proposal: The applicant is requesting approval of a Conditional use Permit for the construction of a 0.66 acre public utility facility. The facility will consist of approximately 1,700 solar panels measuring three feet wide by five feet tall, mounted on metal racks and approximately 7.5 feet tall at their highest point. No grading, tree removal, or change to natural drainage is proposed. Applicant: SolarCity Derek Cropp 6132 NE 112th Ave Portland,Oregon 97218 Owner 1: Clean Water Services Randy Naef,Principal Engineer 16060 SW 85th Ave Tigard, OR 97224 Proposal Address: 16375 SW 85th Avenue Legal Description: Washington County Tax Map 2S114AA,Tax Lots 400, 500,& 600 Zoning: I-P: Industrial Park District Approval Criteria: Community Development Code Chapters 18.330, 18.390, 18.530, 18.705, 18.725, 18.745, 18.765, 18.790, 18.795,and 18.810. City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 -.NAT� �� -•• •-.� IIIIIII IIIIyIt'It11111�- • , ,SAT vim'fin B 6111- prim AG�Dml! ,111 _■`•allm pvi 4I.� ,&,4� 11111111111 _m1 =111114� ELM ■ Area Notified (500 Ft) ftN ... =� �+� mer•• ig ramm1 ■=i=-a.14111111'�t■ t111111111111illai !MCUP2012 00014 �t■ /III —IIC" 111111 1111 1111111 ��, ii�ii�%�!1=�,Irnh. uuhhhufi ►■1111111111 •I-i �,///11111 31 ��/1[ r v ■ II =� as = .miiu11111111111111■G = .\._ �gN7 � SolarCity Photovoltaic Array DURHAM �110 1:11111:11111:11117i�1��;'`. n „„„_41111 I AZZIEN ii WAIIIIl'iii'11111111 _ R. *ø11!jii' gm. 5 FFERLN.............. Ell 7- if01 _______ .... ••••••41V•.4 ro ,. .,..I -NI. ,.-..._._........ al%4 Ji1JJIiiIi1:- /111 % \1111111111111111`7,1 - - - O 1 ,• 40,-. . 11a:,�... :� 11�11 ��■IAIIIt1 a - W ►a �.., N 1��` 111 `��11111 I p mu Properly owner information is valid Cr, �1 ib l ir1+ for 3 months from the date printed on � 111 ,'' , ; f1111 this map. (---\1--,_ — 10.%,,d ._ „, , •\ ♦ Durham_, ii DR cools ,/ City Pork Durham • .I Prnted.26-SeP-12 0fter 10 Pot* ' Arg(c -lean IffoT TnIN mop Afora • f ,' arYy.M aAON.D.v.re.wM tM DwNopenDMri �.� ,/ Sank.Onosion ç ' j:i_wiz �� r � DATA IS DERIVED FROM MULTIPLE SOURCES.TIE CITY OF TIGARD . • \\._ MAKES NOTWARRRANTY.REPRESENTATION.OR GUARANTEE AS TO THE NI .'`. ,�- VT"� CONTENT ACTOED HE TIMELINESS OR COMPLETENESS OF ANv OF THE OATAVIRAOC EDHEREIN.THECITYOFTIMRDSHAIIASSUMENO tJ / ., ALLIEAaILITY FORAM'ERRORS.OMISSIONS HOW ACIES IN THE O ' INFORMATION PROVIDED REGARDLESS OF HOW CAUSED /� ;i .�� IMO .:=', CJ COMMUNITY DEVELOPMENT DEPARTMENT . 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I �i� �r 11= ii�iillil��` �IIII��. ,'�'ag—u- CFFER L OK 'UI ip,,/, �1• •U• Tigard \ �. ... • ; ,"' '. ii. ` JOr ,,,,, Subject Site P ,,,, mu 04 pp mi.e \I v 1111111111:mmit r r� lin dope �a�11,1j�1 it �'11111 ••..,�;,• .--' `"1111 i Property owner information is valid r ``i��`�� for 3 months from the date punted on 1 ....„0" -- �1�1�II111 this map. l//,� r Ind 1_ 1• DR�e / Durham go""„I .. Park Park / Mark DUrF►am, 1e.- -- mil Map Printed:26-Sep-12 a •*�'�'j►, m11� - mro�mason on mis map is t«general I«aeon I 1 � ' :.�s'..��4 �., only antl shoultlServices Divisl'onNe Development 111 �I a`�/g 4t,..4 �� ''�- �� ,ii 1 iiIW r �� DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITY OF TIGARD /�� / -- MAKES NOT WARRANTY,REPRESENTATION OR GUARANTEEAS TO THE r.... 1 11O/ �l•=, .1`..�. . ''- CONTENT.ACCURACY.TIMELINESS OR COMPLETENESS OF ANY OF THE IL DATA P.ACCU ACY.TIMELINESS INESS Y COMPLETENESS NESS SUMO NO • v . IdJ LIBABILI TY FOR ANY ERRORS.EOMISSIONS,OR INACCURACIES IN THE .x ' �,,�-= 1.0014941111% INFORMATIDON PROVIDED REGARDLEGSS OF HOW CAUSED. r.' 1 .�,, MO = ,. COMMUNITY DEVELOPMENT DEPARTMENTYI •0i� U10 .4 -=�= a "4 Place to Call HomeTualat► •,..ia• .Y�21� a City ofTgard o11101i 11 , 00 • • NIP • MB III ME ■ �+) "■■■■„�,,■■■■■■.- TIGAR MAPS fTgaSd,OR 97 BI3d 141 . i /�/ ,,,,,,,,,",�,,,=�� . 503 gg rd-o g 7I G A It D MI City of Tigard Request for 500' Property Owner Mailing Labels PROPERTY OWNER INFORMATION IS VALID FOR 3 MONTHS FROM THE DATE OF YOUR REQUEST PHONE:503-718-2438/FAX:503-718-2748 PLEASE INDICA I.h ALL MAP&TAX LOT NUMBERS (i.e. IS134AB,Tax Lot 00100) THAT ARE INCLUDED IN YOUR PROJECT OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: (If more than one (1)tax lot or if the parcel has no address,you must separately identify each tax lot associated with the project.) Ids � `IAt� DCA `C),0 ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your land use application to the City,and the project planner has reviewed your application for completeness,you will be notified by means of an incompleteness letter to obtain your 2 final sets of labels. IF YOU HAVE BEEN NOTIFIED BY PLANNING TO OBTAIN YOUR LABELS,PLEASE INDICATE BELOW THAT YOU NEED 2 SETS OF LABELS. ❑ Completeness Letter Received Indicating 2 Sets of Envelopes w/Affixed Address Labels Required The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please)with first class letter-rate postage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and resubmitted to the City for the purpose of providing notice to property owners of the proposed land use application and the decision. The 2 sets of envelopes must be kept separate. The person listed below will be called to pick up and pay for the labels when they are ready. CA,NAME OF CONTACT PERSON:,,, G p PHONE: ( Sic )-°t5(ts Ur-9S NAME OF COMPANY: vLc� C\ 1 ( ' FAX: ( )- - EMAIL: ,vy. ec re Sc:(j5t„r c.s44.1r C_o►^� This request can be sent by e-mail, US mail, faxed,or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of your request, the contact person listed will be called to pick up their request that will be placed in "Will Call" by the company name (or by the contact person's last name if no company) at the Planning/Engineering Counter in the Permit Center. The cost of processing your request must be paid at the time of pick up,as exact cost cannot be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: $11 to generate the mailing list,plus$2 per sheet for printing the list onto labels (20 addresses per sheet). Then,multiply the cost to print one set of labels by the number of sets requested. - EXAMPLE - -COST FOR THIS REQUEST- I 4 sheets of labels x$2/sheet=$8.00 x 2 sets= $16.00 Z sheet(s)of labels x$2/sheet=$ y x % sets= q.00 1 sheets of labels x$2/sheet for interested parties x 2 sets= $ 4.00 sheet(s)of labels x$2/sheet for interested parties=$Zx sets= 2.00 GENERATE LIST = $11.00 GENERATE LIST = $11.00 TOTAL = $31.00 TOTAL =$ 00 I:\CURPI,N\Masters\500'Property Owner Mailing I.abels Request.doc (Updated:29-Sep-10) 111111 Ng tom-• �- u.jwar..r ■ "hi, . mJD !!!iJ.. Area Notified (500 Ft) &di. _.ME .� ■..■..■■-■ NII X111111 ■■l■oni idmi ■ ■ "1 . '1 ws■i■■■■i ou 1111111 111113111111 ► .na 4- . fit'. 1 � rM41 >t.♦ l4>11■11111■i _':. —S44 • A��. oolarCity Corp. • 1'�+14•1401 � IWI.' IIV 444 6 4►611FIFS=:' Pt I� 'Mmir9/42•IMIL 11111111115 41,& .44, ar Ns . i demi . Qi1llilltzs'�� ! PRE7G?2 00015 � 40 44, •� Kw „.,ifrfr �..--II�1�� -=�:=� =111111 !�■ � �'* 11 ■ '• 011111111111 PP = - � •ploilir �.' �A. �.: =.•4.,,,., .�!!! l1�///1 �r..11.. .111111 111111111111'�� lailli ` ' '�*%�� 'IIIIIMItI JII !J!IpIr!l 11111111r:`,1Iiiij `■ �f 11 „ 1 11I1,�11!"^■��1�!s ■ = r . _ . _ ___. ....,_ AM RD ��= NY leq6164tilm Mil -..:\ ' ' .'' .. '''' ' '. \' ' \. ' ''' -. , , IfiIIII11,filin ANWI‘i � �.rI1111 ��Z, ;\ \.\\ \:,Km � �`��Op C , . Subject Site WWI MEIN -\\\ -" it IilllI • 40■■■■ iia.:i:i♦.�� ' \\IN 01"-/zi 'i�i�i'i�+:i�i�i�i As j-.• 1 ...50- ' ` 'i 4;::+��+*�i ' for Property owner from the date information ii valid r. X11111111 ��i1111r� "��+'�•�•_•: A 3 1®r ed o this map. I . i �. , .16Ar‘kNII ‘• \ '' --- _i., ,‘, Nil 1 klik_N,A. ..„ _ so ii. 1 _,- ,... >, i Map Printed:14-Jun-12 N,r Mai Durham D R * Intormatron on tee map is to general ideation (.: ,` ,,`. _ r Durham — only and should be verified With the Development Servwes Divisor. City Park M I aak Palk f/ Iii dr�� '� DATA IS ROT WARRANTY. FROM THE CITY E TIGARD ' i TAKES NOT WARRANTY.REPRESENTATION,OR GUARANTEE AS TO THE ,_ 'NI Milk_ CONTENT,ACCURACY TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN,THE CITY OF TIGARD SHALL ACIES ENO S i ��. , LIBABILITY FORANY ERRORS.OMISSIONS.OR INACCURACIES IN THE It` i I / t...*' 490, INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. I, +. atr,��. ■ COMMUNITY DEVELOPMENT DEPARTMENT ii I �� •t'i A Place to Call Homs. j i ' �� City of Tigard ,C ITe..ol.r.f.01 i , ,.,,•�� AD� 13125 SW Hall Blvd • ,r TIGARMAPS nigard.OR97223 • TiSig o J Too a 1.4,:r ,- . .� 503 639-0171 I I li.t It n / i �- www.tigard-or.gov , 25114AD01200 25114AD02600 BUTLER, THOMAS M&CANDACE R DINH,HANH VU 8899 SW WAVERLY DR TRUONG, VAN KIM TIGARD,OR 97224 8876 SW WAVERLY DR TIGARD, OR 97224 2S113B000600 2S114AD01800 CLEAN WATER SERVICES EPP,KEVIN PETER& ATTN:ACCOUNTS PAYABLE JEANETTE KAY 2550 SW HILLSBORO HWY 16600 SW 88TH PL HILLSBORO, OR 97123 TIGARD,OR 97224 2S114AA00400 25114AD01600 CLEAN WATER SERVICES FLOYD,LAVONNE 2550 SW HILLSBORO HWY 8819 SW WAVERLY DR HILLSBORO, OR 97123 TIGARD,OR 97224 2S114AA00500 25114AD02900 CLEAN WATER SERVICES FORREST,,ROBERT A&BARBARA J 2550 SW HILLSBORO HWY 16672 SW 89TH PL HILLSBORO, OR 97723 TIGARD,OR 97224 25114AA00600 25114AD02700 CLEAN WATER SERVICES HERMANN,KENNETH D&BETTE ANNE 2550 SW HILLSBORO HWY 8894 SW WAVERLY DR HILLSBORO, OR 97123 TIGARD,OR 97224 25114AD00100 25114AD01900 CLEAN WATER SERVICES HJELM,ROXANNE 2550 SW HILLSBORO HWY HAWKINS,KONNI HILLSBORO, OR 97123 16622 SW 88TH PL TIGARD,OR 97224 2S114AD00200 2S114AD01500 CLEAN WATER SERVICES JOHNSON-BRISSETT,KIRSTEN E 2550 SW HILLSBORO HWY 8845 SW WAVERLY DR HILLSBORO, OR 97123 TIGARD,OR 97224 2S114AD00300 25114AD02000 CLEAN WATER SERVICES MAXWELL FAMILY TRUST 2550 SW HILLSBORO HWY 9593 WORSWICK CT HILLSBORO, OR 97123 WELLINGTON,FL 33414 2S114AD02400 2S114AD02500 COLLIGAN,PAUL W&HEIDI L O'NEAL,JEROLD A&JILL A 8820 SW WAVERLY DR 8852 SW WAVERLY DR TIGARD, OR 97224 TIGARD,OR 97224 25114AD01300 2S114AD02200 DAVIS,ELWOODS PENNINGTON,MALCOLMB& 8887 SW WAVERLY DR SHELLEY V TIGARD, OR 97224 16653 SW 88TH PL TIGARD,OR 97224 23114AD03200 25114AA00200 RODGERS,ANDREW R WH SHIPMAN L IMI TED PROUT, LINDSEY K BY NORRIS&STEVENS INC 8910 SW WAVERL Y DR 621 SW MORRISON STE 800 TIGARD, OR 97224 PORTLAND, OR 97205 257 14AD01400 2S114AA00300 SCHUBERT,JEREMY&ALLISON WH SHIPMAN LIMITED 8863 SW WA VERL Y DR BY NORRIS&STEVENS INC TIGARD,OR 97224 621 SW MORRISON STE 800 PORTLAND,OR 97205 25114AD02800 2S114AD01700 SNOW,ERIC YEFREMOV, VALENTINI&NATALYA BONDS,JESSICA H 8801 SW WAVERL Y DR 16650 SW 89TH PL PORTLAND,OR 97224 TIGARD, OR 97224 25114AD02300 2S114AD02100 SOBETZKI,APRIL A&OLIVER K ZOUCHA,MICHAEL S 8808 SW WAVERL Y DR 16676 SW 88TH PL TIGARD,OR 97223 TIGARD,OR 97224 25114A001500 TIGARD, CITY OF 13125 SW HALL TIGARD, OR 97223 2S 114AA00100 TIGARD-TUALATIN SCHOOL DISTRICT 6960 SW SANDBURG ST TIGARD,OR 97223 25114AD01100 VASQUEZ,JUL ISSA MIMES, DAVID 8905 SW WAVERL Y DR TIGARD,OR 97224 2S114AD04700 WAVERL Y CONSTRUCTION , 00000 2S114AD04600 WAVERL Y ESTATES OWNER OF LOTS 17-22 , 00000 2S1 14AD04500 WAVERL Y ESTATES OWNER OF LOTS 26-31 , 00000 • Josh Thomas Susan Beilke 10372 SW Bonanza Way 11755 SW 114th Place Tigard, OR 97224 Tigard, OR 97223 Gretchen Buehner David Walsh 13249 SW 136th Place 10236 SW Stuart Court Tigard, OR 97224 Tigard, OR 97223 Shannen Williams Rappold Marketing/Business Development Manager Patty Newth Perlo Construction 12180 SW Merestone Court 7190 SW Sandburg Street Tigard, OR 97223 Portland, OR 97223 Tim Esau Heidi Brenneman PO Box 230695 11680 SW Tigard Drive Tigard, OR 97281 Tigard, OR 97223 CPO 4B Lora Garland 16200 SW Pacific Highway, Suite H242 Records Management Specialist Tigard, OR 97224 13125 SW Hall Blvd Tigard, OR 97223 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 Todd Harding and Blake Hering Jr. Norris Beggs & Simpson 121 SW Morrison, Suite 200 Portland, OR 97204 Rex Caffall 13205 SW Village Glenn Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CITY OF TIGARD - SOUTH INTERESTED PARTIES (pg. I of I) (i:\curpin\setup\labels\CIT South.doc) UPDATED: 1-Jul-11 APPLICANT MATERIALS 0 • PRE APP. i 10 14 ei CITY OF TIGARD PLANNING DIV ' 5 i LAND USE PERMIT APPLICA" : p6tip�� o $ � City of Tigard Permit Center 13125 SW Hall Blvd., Tigard, OR 972 -Q ,\� j\*-s- T I G A R D Phone: 503.639.4171 Fax:503.598.1960 G`,4 0* t,f1\N File# 6 U/' 0/)....iJ(ri,/y Other Case# Q\YI Date By Receipt# Fee Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR ❑Adjustment/Variance(I or II) ❑Minor Land Partition(II) 0 Zone Change(III) ❑Comprehensive Plan Amendment(IV) ❑Planned Development(III) ❑Zone Change Annexation(IV) ®Conditional Use(III) ❑Sensitive Lands Review(I,II or III) 0 Development Code Amendment(IV) ❑Historic Overlay(II or III) ®Site Development Review(II) ❑Home Occupation(II) ❑Subdivision(II or III) LOCATION\\1lURr.PROPOSIU).ACflV'I'II\C'ILL OCCUR(.Address if available) 16375 SW 85th Avenue, Tigard f.\S\I.\PS&TAN LOT NOS. 2S114AA 400, 500, and 600 TOTAL SI tE SI/.I: ZONING(;1..ASSIFICATR)N 9 . 36 acres Industrial Park (I-P) .\PPI.fC.ANT. SolarCity VI VICING.ADDRF'SS/CITY/sr.ATIP 6132 NE 112th Ave. , Portland, OR 97220 PttONli NO. PAN NO. 503-956-5695 PRIMARY CONTACT PERSON PHONE NO. Derek Cropp, Project Manager PROPI:RIT OAA'N HR/DIiE.D h of O:R(Attach list if more than one) Clean Water Services - (contact : Randy Naef, Principal Engineer) \LAILING ADDRHsS/FFiI/sC.\TH/ZtP 16060 SW 85th Avenue, Tigard, OR 97224 PI IONU NO. FAX NO. 503-547-8150 *When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL.SU MM. R\"(Please be specific) Installation of approximately 1, 700 solar photovoltaic panels, mounted on steel supports set into the ground. The array will occupy about 0 . 66 acres of the 9 . 36 acre project site. Tallest point of each panel 7 . 5 feet above grade. Solar panels screened from adjacent properties by existing tree buffer. APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE"BASIC SUBMITTAL REQUIREMENTS"INFORMATION SHEET. is\curpin\masters\land use applications\other land use applications.doc THE APPLICANT SHALL CERTIFY THAT: • If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All the above statements and the statements in the plot plan,attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued,based on this application,map be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date 0) • • CPti a* 6�\ Ca THE APPLICANT SHALL CERTIFY THAT: ,,yO tS.�� tO • If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,map be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. erv,el/ Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signat re Date 7' \ 12_ ppit /Agent/Representative's Signa re Date Applicant/Agent/Representative's Signature Date • RECEl V SolarCity Photovoltaic Array — City of Tigard V E® SEp 17 2012 Application for New Conditional Use and CITY pFrIGARD Site Development Review P�-ANNING�EN;INEERING -.ter r of f . 1 _ ► i I . . • . i . . . • ' �, • • • •• • . 1 ' • • •F/ I * t • ♦ i • ♦ • • • • • • + • • • ♦ ♦ ♦ ♦ ♦ ♦ ' • • • WMT x &ROOK August 29, 2012 at • • Table of Contents SECTION 1: PROJECT NARRATIVE 1 1. SUMMARY OF PROPOSAL 1 2. EXISTING CONDITIONS 3 3. LAND USE HISTORY 4 SECTION 2: FINDINGS 6 18.330 CONDITIONAL USE 6 18.360 SITE DEVELOPMENT REVIEW 9 18.390 DECISION MAKING PROCEDURES/IMPACT STUDY 14 18.530 INDUSTRIAL ZONING DISTRICTS 17 18.705 ACCESS/EGRESS/CIRCULATION 19 18.725 ENVIRONMENTAL PERFORMANCE STANDARDS 20 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS 21 18.745 LANDSCAPING AND SCREENING STANDARDS 21 18.780 SIGNS 22 18.790 TREE REMOVAL 22 18.795 VISUAL CLEARANCE AREAS 23 18.810 STREET AND UTILITY IMPROVEMENT STANDARDS 24 List of Exhibits: 1. Vicinity Map 2. Local Aerial Photo 3. Existing Conditions Plan 4. Site Plan 5. Elevations and Structure Details 6. Preliminary Title Report 7. CWS Pre-Screen Letter 8. Arborist Report 9. Pre-application Conference Notes 10. Neighborhood Meeting Information • • SolarCity Photovoltaic Array Application for Conditional Use and Site Development Review APPLICANT: SolarCity Contact: Derek Cropp 6132 NE 112th Ave. Portland, Oregon 97218 Phone: 503-956-5695 REPRESENTED BY: Winterbrook Planning Contact: Ben Schonberger 310 SW 4th Ave., Suite 1100 Portland, Oregon 97204 Phone: (503) 827-4422 APPLICATION: Conditional Use Type III Decision by Land Use Hearings Officer LOCATION: 16375 SW 85th Ave., Tigard State ID: 2S 114AA 400, 500, and 600 ZONING: Industrial Park(I-P) DATE: August 29, 2012 , • • SECTION 1 : Project Narrative 1. Summary of Proposal SolarCity proposes to build a solar installation for generating electricity at the Clean Water Services' (CWS) Durham Advanced Wastewater Treatment Facility(AWWTF) at 16375 SW 85th Avenue in Tigard. The installation will be located between the Headworks facility and the AWWTF's western property line. The Tigard High School running track and soccer field are located west of the project site. The installation will consist of approximately 1,700 solar photovoltaic panels, mounted on steel supports set into the ground. The panels are tilted diagonally on their racks so that the edge of the panels at the highest point is approximately 7.5 feet above the natural grade, and the downslope part of the panels is about two feet off the ground. The installation will occupy about 0.66 acres of the 9.36-acre project site. The CWS property will be leased by SolarCity for the new use. Wit as {'{ _ ., M _ r ****i1110' T y 1:11•0 _ •0 WO -. ' * _,—ip ,��1� � Figure 1.SolarCity installation at PCC Rock Creek Campus in Washington County,Oregon.The proposed array in Tigard has the same number of panels, but in a different layout. Each panel, manufactured in Hillsboro, Oregon by SolarWorld, is about three feet wide by five feet long and each generates 240 watts of power. The entire installation will produce 408,000 kilowatt hours of electricity per year, roughly the same as would be consumed by 40 to 50 households. The power generated will be used by the CWS wastewater treatment facility, SolarCity Land Use Application 1 • • predominantly, according to terms of a 20 year agreement between SolarCity and CWS. Further, SolarCity will sign an"Agreement for Net Metering and Interconnection Services"with PGE. The essence of this agreement is that when the system generates power beyond the demand requirements of the wastewater treatment facility, SolarCity can feed the surplus energy back into the grid. The environmental benefits of this development are significant. During the term of the agreement, generating electricity through solar power rather than using traditional carbon-based fuels will eliminate pollutants from the air at approximately these levels: • 15,500,000 pounds of CO2 • 26,000 pounds of NOX • 38,000 pounds of SO2 • 2,000 pounds of particulate matter -” 10100000140014"1. 111111114111111111111441411114111 Figure 2. Racking system and panels. Photo demonstrates height of structures,distance between rows,and preservation of natural ground surface. Potential nuisance impacts from the solar array are essentially non-existent. Once installed, the solar array makes no noise, needs almost no maintenance, and generates virtually no trips to the SolarCity Land Use Application 2 i 0 site. The panels themselves are not reflective, and they create no glare on adjacent properties. Visibility of the development is very low,because none of the structures is more than eight feet high, and sight lines to the property are blocked a thick,perimeter buffer of trees, shrubs, and an up-to-12-feet-high berm. The proposed solar installation is a new basic utility use in the Industrial Park zoning district, and therefore conditional use review is required. This application and the supporting exhibits demonstrate compliance with all applicable standards and criteria. 2. Existing Conditions The current site is an open, grassy field, west of the headworks facility at CWS' Durham Advanced Wastewater Treatment Facility. This site is located in the southeast corner of Tigard, in an industrial area situated on SW 85th Avenue. To the north of the site is Durham-Hall Business Park, a warehouse and office center. To the west is Tigard High School's running track and soccer field. To the south is another lot associated with the CWS treatment plant. Residential development along SW Waverly Drive is to the southwest. The solar installation is proposed on two undeveloped tax lots, 400 and 600. The CWS Durham Plant building is located on a third tax lot, 500. The site, for purposes of this application, is comprised of these three tax lots, and totals 9.36 acres. . .. - :--am e-os _awl ' 4111114- , '4- iiike NB i 414114N\ ' .1 *,111Nr:: I:- ... 1 At ... 4 • t \1N ir .,... .,. _. ....It..., .....-...........s.„ __, ...,......._,..,; � ; o � ' 1'Q'... .yY4 .r. , e. - It. • �', .- L ;. Caleb/4W by�3 bran. /� . ei.,t ®viz„.. .Aww. .4,n. use Figure 3.Aerial photo,with site boundary. SolarCity Land Use Application 3 I 0 4 ._w 111 11/11 Pill'lit . I Y- R-4.5 0 f-P II °° R-12 c° Figure 4.Zoning map,with site boundary. The site is zoned Industrial Park, or I-P. Residential zoning(R-4.5)borders the site to the west and south, I-P zoning borders the site to the north and east. 3. Land Use History No specific permit approvals have been requested for undeveloped tax lots 400 and 600, where the solar array is proposed(see Figure 5 below). CWS has requested and received approvals in the past for improvements to the treatment plant on tax lot 500 and properties it owns to the east. These include conditional use permits in 1990 (CUP 90-02 and 90-03) and 1999 (CUP 99-0003). The only relevant condition of these previous land use actions is one in the 1999 decision that required submittal of a landscape plan showing"landscaping meeting the Level F requirements" (condition 3,page 2 of Hearings Officer Decision). The buffer to the west of the proposed solar installation has grown up to meets this requirement. The existing vegetated buffer is shown on the Existing Conditions Plan (Exhibit 3), and buffering and screening are addressed in the findings of this document. SolarCity Land Use Application 4 • 300-Ct �_ - --- ~q 110.00 ]I6 00 • 206 00 400 7.04 AC $ 500 8 93 AC 2 I-� 63 If.1 15003 �._ _... 20600 r 76. 6 6 38 AC 38 N _ n - S82.15 036 03 634.65 g 45010 00) 405006 6N N AD Figure 5.Excerpt from County tax map showing site's three tax lots. Solar installation is proposed only on lots 400 and 500. SolarCity Land Use Application 5 • 0 SECTION 2: Findings The following section contains findings that satisfy the applicable submittal requirements and approval criteria for the proposed development. Quotations from the code are in italics; applicant responses follow. 18.330 Conditional Use 18.330.020 Approval Process A. Initial applications. A request for approval for a new conditional use shall be processed as a Type III HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030.A and subject to other requirements in this chapter. Response: The proposed solar array is a basic utility use, which is listed as a conditional use in the Industrial Park zone. Therefore, it is a new conditional use per the regulation above and will be subject to the criteria and process identified. 18.330.030 Approval Standards and Conditions of Approval A. Approval standards. The Hearings Officer shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria: 1. The site size and dimensions provide adequate area for the needs of the proposed use; Response: The proposed use is a basic utility, photovoltaic electricity generating installation. The proposed solar array will occupy 0.66 acres, or seven percent of the 9.36 acre project site. As shown on the site plan (Exhibit 4), a large area of the southern tax lot(TL 600) and along the west and south sides of the property will remain undeveloped and landscaped with groundcover or trees, its current state. The areas that will remain undeveloped are north-facing, shady, or currently forested, and therefore not useful for siting solar panels. That there is such a large amount of space on the property that will remain undeveloped demonstrates that the size and dimensions of the existing site can satisfy the needs of the proposed (basic utility) use. Moreover, the project has sufficient space within the site even while meeting the required 50 foot setback, which is the largest setback between uses imposed by the Tigard Code. 2. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography, and natural features; Response: The impacts of the proposed use are minimal. Once the proposed solar installation is complete, maintenance visits by a single employee in a regular passenger vehicle will occur two to three times per year. The solar array makes no noise, consumes no water, and generates no sewage or other airborne emissions. The panels themselves are not reflective, and they create no glare on adjacent properties. The visibility of the development is very low, because none of the structures is more than eight feet high, and the perimeter of the site is bounded by a tall berm that SolarCity Land Use Application 6 • • is edged with a thick buffered with trees and shrubs. Overall, the minimal impacts of the proposed use can be accommodated by the site. 3. All required public facilities have adequate capacity to serve the proposal; Response: The proposed development will create virtually no additional impacts to public facility infrastructure. Existing systems have the capacity to serve the solar installation. Transportation: Once the proposed solar installation is complete,maintenance visits by a single employee in a regular passenger vehicle will occur two to three times per year. This amount of traffic impact is indistinguishable from overall background conditions and can be easily accommodated by the existing roadway network, which includes SW 85th entering the site. SW 85th is an"arterial" street, according to city maps (City of Tigard, 2035 Transportation System Plan, Figure 5.2). Because the proposed development is an unstaffed basic utility use, it generates no new employees, customers, or residents. Thus, there will be no impact to pedestrian or bicycle systems. Drainage: The proposed development adds approximately 29,000 square feet of new development area to the site, much of which is impervious surface solar panels. However, this overstates the true area of impervious surface to be added. Between the rows of panels and underneath them, the ground will remain covered with turf and will retain its ability to absorb water. New impervious ground surface will be limited to the footprint of the posts supporting the racks on which the panels sit. These posts are pile-driven into the soil, eliminating the need for concrete foundations. Consequently, each post creates approximately 0.3 square feet of impervious surface. With approximately 370 posts in the entire installation, the new array creates 110 square feet of new impervious surface. This is an insignificant addition to the site given the large area of well drained, vegetated cover. An illustration of the system is shown in a photograph (Figure 3) of a similar project and in Exhibit 5 showing detail of the racking system. The vegetative (turf) cover and well drained soils allow for all runoff to be addressed at the site without an engineered stormwater facility. Parks: Because the proposed development is an unstaffed basic utility use, it generates no new employees, customers, or residents. Thus, there will be no impact to or increased demand on the parks system. Water: The proposed solar installation does not require any water to operate.No new connections to the city water system are proposed, and there will be no impact to city water supply. Sewer: Although the proposed solar development is on the same property as the sewer provider for the City of Tigard, a photovoltaic array does not require any sewer connections or generate any additional demand for sewer services. This proposal will have no impact on this public facility. In sum, public facilities in existence at the site are adequate to support the proposed development, primarily because the proposed development generates no service impacts. SolarCity Land Use Application 7 • • 4. The applicable requirements of the zoning district are met except as modified by this chapter, Response: The requirements of the I-P zoning district are met by the proposed development. Each requirement is addressed in detail within the findings for this specific section, 18.530. The application does not request or need any modifications or exceptions to the existing standards. 5. The applicable requirements of 18.330.050; and Response: The additional development standards of 18.330.050 include a section on basic utilities. They are addressed in that finding below. In summary, all the listed standards for basic utilities are met by the proposal. 6. The supplementary requirements set forth in other chapters of this code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met. Response: These findings address all the applicable sections of the code, and follow the direction given by the City of Tigard in their notes to the pre-application conference. No signs are proposed in association with the development, so Chapter 18.780 is not directly applicable. Site Development Review standards are addressed in the findings immediately following this one. 18.330.040 Additional Submission Requirements A. Additional submission requirements. In addition to the submission requirements required in Chapter 18.390, Decision-Making Procedures, an application for conditional use approval must include the following additional information in graphic, tabular and/or narrative form. The Director shall provide a list of the specific information to be included in each of the following: 1. Existing site conditions; 2. A site plan; 3. A grading plan; 4. A landscape plan; 5. Architectural elevations of all structures; and 6. A copy of all existing and proposed restrictions or covenants. Response: The application includes all the above information, as it is relevant, as part of the submitted drawings. Because no grading landscape plantings will occur, city staff has advised that grading and landscape plans are not required. 18.330.050 Additional Development Standards for Conditional Use Types *** B. Additional development standards. The additional dimensional requirements and approval standards for conditional use are as follows: SolarCity Land Use Application 8 • 16. Emergency Services and Basic Utilities: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks shall be those in the applicable zone; c. Height limitation shall be in accordance with Chapter 18.730; d. Off-street parking and loading requirement shall be in accordance with Chapter 18.765; and e. Screening shall be in accordance with Chapter 18.745. Response: Minimum lot size: The site is three tax lots comprising 9.36 acres. The two tax lots on which the solar installation is located are 3.04 and 5.39 acres, exceeding 5,000 square feet. Minimum setbacks are 50 feet on the rear and south sides, 0 feet to the north side(because this abuts industrial zoning) and 35 feet on the front. The front of the lot is along SW 85`h, the sides are to the north and south, and the rear is against the high school property. All setbacks exceed the minimums required in the code, as shown on the site plan(Exhibit 4). The height limitation of the I-P zone (45 feet) is met: the tallest structure is 7.5 feet above grade. None of the exceptions to standards height limitations (18.730) are applicable, nor are they needed for the proposed structures. No off street parking or loading is required for a basic utility use per Table 18.765.2. None is proposed for the development, which will generate no new parking demand. Screening to level"F" is required west of the proposed development, following a condition of approval in the 1999 decision expanding the CWS facility(CUP 99-0003, Hearings Officer Decision, condition 3,page 2). This screening exceeds the amount required for basic utilities (level "E"). Existing screening is documented on the site plan(Exhibit 4), and as part of the arborist report(Exhibit 8). 18.360 Site Development Review 18.360.070 Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type II procedure, as governed by Section 18.390.040. B. Additional information. In addition to the submission requirements required in Chapter 18.390, Decision-Making Procedures, an application for the conceptual development plan must include the following additional information in graphic, tabular and/or narrative form. The Director shall provide a list of the specific information to be included in each of the following: 1. An existing site conditions analysis; 2. A site plan; 3. A grading plan; 4. A landscape plan; 5. Architectural elevations of all structures; and SolarCity Land Use Application 9 • • 6. A copy of all existing and proposed restrictions or covenants. Response: The application includes all the relevant information above as part of the submitted drawings. This information is the same as what is required for conditional use review in 18.330.040.A. After discussion with city staff, it was determined that the landscaping information can be shown on the site plan, and that because no grading is proposed, a separate grading plan is not necessary. 18.360.090 Approval Criteria A. Approval criteria. The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions, or denying an application: 1. Compliance with all of the applicable requirements of this title including Chapter 18.810, Street and Utility Standards; Response: The application addressed all the relevant standards and criteria of the code as was outlined in the pre-application conference. The standards of Chapter 18.810 are addressed later in these findings, under that section. 2. Relationship to the natural and physical environment: a. Buildings shall be: (1) Located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; (2)Located in areas not subject to ground slumping or sliding; (3)Located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting; and (4) Oriented with consideration for sun and wind. Response: The structures proposed as part of the solar installation are located in a sunny, open field to maximize their ability to generate electricity. No grading, tree removal, or change to natural drainage is proposed. The area where the array will be placed is relatively flat and not subject to ground slumping or sliding. The distance between adjoining"buildings" is shown on the site plan and illustrated above in Figure 2. This provides adequate light and air circulation. Fire access is not an issue since the basic utility installation has no combustible elements. b. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. Response: No trees are proposed for removal as part of this development. Tree removal requirements do not apply. c. Innovative methods and techniques to reduce impacts to site hydrology and fish and wildlife habitat shall be considered based on surface water drainage patterns, identified per Section 18.810.100.A.3. and the City of Tigard "Significant Habitat Areas Map." Methods and techniques for consideration may include, but are not limited to the following: (1) Water quality facilities (for infiltration, retention, detention and/or treatment); SolarCity Land Use Application 10 . • (2) Pervious pavement; (3) Soil amendment; Site Development Review 18.360-8 Code Update: 10/10 (4) Roof runoff controls; (5) Fencing to guide animals toward safe passageways; (6) Re-directed outdoor lighting to reduce spill-off into habitat areas; (7)Preservation of existing vegetative and canopy cover. Response: There will be no impacts to surface water drainage patterns. The site is not within or adjacent to a significant habitat area. A"Sensitive Area Pre-Screen Site Assessment" letter (Exhibit 7) was signed by CWS finding no significant impact. As shown in the photograph of a comparable site (Figure 2), the panels are spaced far enough apart to provide areas for rain runoff to be absorbed by the soil. The grass covered ground under the solar panels will remain undisturbed pervious surface. Existing tree cover will be preserved. 3. Exterior elevations: a. Along the vertical face of single-family attached and multiple family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: *** Response: The proposed development is not a residential structure. This standard does not apply. 4. Buffering, screening and compatibility between adjoining uses: a. Buffering shall be provided between different types of land uses,for example, between single-family and multiple family residential, and residential and commercial uses, and the following factors shall be considered in determining the adequacy of the type and extent of the buffer: (1) The purpose of the buffer,for example to decrease noise levels, absorb air pollution,filter dust, or to provide a visual barrier; (2) The size of the buffer required to achieve the purpose in terms of width and height; (3) The direction(s)from which buffering is needed; (4) The required density of the buffering; and (5) Whether the viewer is stationary or mobile. b. On site screening from view from adjoining properties of such things as service areas, storage areas,parking lots, and mechanical devices on roof tops, i.e., air cooling and heating systems, shall be provided and the following factors will be considered in determining the adequacy of the type and extent of the screening: (1) What needs to be screened; (2) The direction from which it is needed; (3)How dense the screen needs to be; (4) Whether the viewer is stationary or mobile; and (5) Whether the screening needs to be year around. Response: The required setback on the west side of the site, between the CWS property and Tigard High School is 50 feet per 18.530.040.B. The actual setback between the property line and the closest panel is more than 80 feet. The required screen and buffer on this frontage is SolarCity Land Use Application 11 • i landscape barrier level "F"which was required as part of the 1999 approval of the CWS Durham facility. This level has been achieved and will be maintained by the facility. It should be noted that the landscape requirements between a light industrial zone and a residential zone is only level "E"(Table 18.745.1), but as a lessee of the property, SolarCity will not encroach into the buffer between the CWS facility and the high school. No landscape buffer is required between the facility and the abutting property to the north, since they are both zoned I-P (Table 18.745.1). 5. Privacy and noise—Multifamily or group living uses: *** 6. Private outdoor area—Multifamily use: *** 7. Shared outdoor recreation areas—Multifamily use: *** 8. Where landfill and/or development is allowed within and adjacent to the 100 year floodplain, the City shall require consideration of the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle plan. Response: The proposed solar installation is not a multi-family use. The solar installation also does not propose any landfill or development in or adjacent to the 100 year floodplain. These standards do not apply. 9. Demarcation of public, semi-public and private spaces for crime prevention: a. The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and b. These areas may be defined by, but not limited to: (1)A deck,patio, low wall, hedge, or draping vine; (2)A trellis or arbor; (3)A change in elevation or grade; (4)A change in the texture of the path material; (5) Sign; or (6) Landscaping. Response: The proposed solar installation will occur on property owned and controlled by CWS. The site is not open to the public, and is fenced to restrict access. The existing 6 foot security fence around the perimeter of the property will remain in place after installation of the solar array. 10. Crime prevention and safety: SolarCity Land Use Application 12 • • a. Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; b. Interior laundry and service areas shall be located in a way that they can be observed by others; c. Mailboxes shall be located in lighted areas having vehicular or pedestrian traffic; d. The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and e. Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet which is sufficient to illuminate a person. Response: No windows, laundry and service areas, mailboxes, exterior lighting, or"potentially dangerous areas"will be added to the site as part of the solar installation. None of the above standards apply to the proposed development. 11. Public transit: a. Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to or within 500 feet of existing or proposed transit route; *** Response: The development proposal is 750 feet from the corner of SW 85`h and SW Durham, where the nearest transit route(TriMet Line 76) is located. Therefore, this standard does not apply. 12. Landscaping: a. All landscaping shall be designed in accordance with the requirements set forth in Chapter 18.745; b. In addition to the open space and recreation area requirements of Subsections A.5 and 6 above, a minimum of 20% of the gross area including parking, loading and service areas shall be landscaped; and c. A minimum of 15%of the gross site area shall be landscaped. Response: The site is already landscaped with a thick buffer of trees and shrubs along the north, west, and south perimeters, and grass in the open field where the solar installation is proposed. Existing canopy and condition is outlined in the arborist report(Exhibit 8). No tree removal or change to the existing landscaping is necessary or proposed. Approximately 76%of the gross area of the site is landscaped. South of the solar installation and around the perimeter of the site, the existing vegetative cover will be untouched. 13. Drainage:All drainage plans shall be designed in accordance with the criteria in the adopted 1981 master drainage plan; Response: There will be no impacts to surface water drainage patterns. As shown in the photographs of comparable sites (Figures 1 and 2), all runoff from the panels with flow directly SolarCity Land Use Application 13 . • onto and be absorbed by the soil. Under and between the solar panels, the ground will remain undisturbed pervious surface. Existing tree cover around the edges of the site will be preserved. 14. Provision for the disabled:All facilities for the disabled shall be designed in accordance with the requirements set forth in ORS Chapter 447; Response: The proposed solar array is a basic utility, not a habitable structure or facility to be used by the public. This standard does not apply. 15. All of the provisions and regulations of the underlying zone shall apply unless modified by other sections or this title, e.g., Planned Developments, Chapter 18.350; or a variance or adjustment granted under Chapter 18.370. (Ord. 06-20, Ord. 02-33) Response: The regulations of the Industrial Park district apply, and are met by the development. These standards are addressed under the findings for that section, 18.530. No variances or adjustments are requested. 18.390 Decision Making Procedures/Impact Study 18.390.020 Description of Decision-Making Procedures *** C. Summary of permits by decision-making procedure type. Table 18.390.1 summarizes the various land use permits by the type of decision-making procedure. *** IIIA (18.390.050) Conditional Use (Hearings Officer) -Initial 18.330.030 Response: The proposed facility is a new, basic utility use in an industrial zone. Per Table 18.530.1 of the city code such uses are allowed conditionally, and therefore reviewed as a Type III conditional use. 18.390.050 Type III Procedure A. Preapplication conference. A preapplication conference is required for all Type III actions. The requirements and procedures for a preapplication conference are described in Section 18.390.080.C. Response: The applicant attended a preapplication conference on June 12, 2012 (Pre 2012- 00015). Notes from this conference are included with the application materials (Exhibit 9). B. Application requirements. 1. Application forms. Type III applications shall be made on forms provided by the Director as provided by Section 18.390.080.E.1. 2. Content. Type III applications shall: a. Include the information requested on the application form; SolarCity Land Use Application 14 • • Response: This application submittal includes the proper forms and all the information requested on the application form. b. Address the relevant criteria in sufficient detail for review and action; Response: The relevant criteria for approval are addressed by the findings and exhibits contained in this submittal. c. Be accompanied by the required fee; d. Include two sets of pre-stamped,pre-addressed envelopes for all persons who are property owners of record as specified in Section 18.390.050.C. The records of the Washington County Department of Assessment and Taxation shall be the official records for determining ownership. The applicant shall demonstrate that the most current assessment records have been used to produce the notice list; Response: The application includes a check for the required fee and envelopes for all property owners of record as described in 18.390.050.C. e. Include an impact study. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards and to minimize the impact of the development on the public at large,public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirements, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Response: Impacts of the proposed development on public facilities and services are described below. In short, the impacts are minimal to non-existent, and existing public systems have the capacity to serve the development. Transportation: Once the proposed solar installation is complete, a single employee in a regular passenger vehicle will visit the site for maintenance two to three times per year. This amount of traffic impact is indistinguishable from overall background conditions. The maintenance trip can be easily accommodated by the existing roadway network, which includes SW 85`h entering the site. SW 85th is an arterial, according to the City of Tigard 2035 Transportation System Plan. Because the proposed development is an unstaffed basic utility use, it generates no new employees, customers, or residents. Thus, there will be no perceptible increase in pedestrian or bicycle traffic, and no impact to pedestrian or bicycle systems. Notes from Tigard Development Engineering that were included with the pre-application conference notes indicated a desire from the city for dedication of seven feet of CWS real SolarCity Land Use Application 15 • • property on the frontage of SW 85th Avenue, plus installation of 680 linear feet of half street improvements, including curb, sidewalk, street trees, and storm sewers. These land dedications and improvements are, according to the notes, "subject to rough proportionality."Three vehicle trips per year is a negligible, insignificant amount of traffic generated by the new development. The city-proposed dedication of property and frontage improvements, as described, is not roughly proportional in scale to impacts created by the development. At the pre-application conference, city staff also discussed options for connecting SW Waverly Drive and a bike/pedestrian trail connection through to SW 85th Avenue, and a new cul-de-sac termination of Waverly. Consistent with the 1999 land use action with Tigard and other more recent permitting efforts, CWS has no difficulty maintaining an emergency/life safety access. CWS has offered to extend the existing in-plant roadway connection off of 85th to Waverly Drive with TVFR-accessible gates at both ends (with associated City water main extension), a proposal that was acceptable to TVFR as recently as November 2011. However, CWS opposes a formal public street extension of SW Waverly Drive through to SW 85th, and is also opposed to the cul- de-sac and ped/bike trail permanent access options through the plant site. CWS concerns are the same today as they were for the 1999 CUP, and were documented by City staff in their report to the Hearings Officer. Specifically, these concerns are: hazards stemming from the conflict between general public vehicular traffic with plant equipment, personnel and materials; disruption of the established plant development pattern and corresponding negative impact on plant functionality and efficiency; and plant security. The current City and CWS work to develop a plan district for the Durham AWWTF will address and resolve these matters. The Intergovernmental Agreement authorizing this effort has been approved by the City and CWS. Larger transportation improvement and street circulation decisions therefore should be deferred to the plan district process as opposed to assembled piecemeal with efforts such as the SolarCity Project. In short, the construction of the SolarCity installation on the CWS property does not create impacts that are roughly proportional to the suggested dedication of property or extensive improvements. The burden of proof is on the city to demonstrate rough proportionality in order to carry out the exaction. The applicant believes that the city cannot meet this legal test, and therefore cannot require the dedication of land along the SW 85th frontage. Drainage: The proposed development adds 28,000 square feet of new development area to the site. However, the area between the rows of panels and underneath them will remain pervious and able to absorb water, meaning the actual amount of impervious surface will be negligible (about 110 square feet). An illustration of this is the photograph(Figure 2) of a similar project. The vegetative (turf) cover and well drained soils allow for all runoff to be addressed at the site without an engineered stormwater facility. Parks: Because the proposed development is an unstaffed basic utility use, it generates no new employees, customers, or residents. Thus, there will be no impact to or increased demand on the parks system. SolarCity Land Use Application 16 • • Water: The proposed solar installation does not require any water to operate. No new connections to the city water system are proposed, and there will be no impact to city water supply. Sewer: A photovoltaic array does not require any sewer connections or generate any additional demand for sewer services. This proposal will have no impact on this public facility. Noise: The solar facility generates no noise. This impact is non-existent. Other nuisance related impacts (emissions, odors, vibrations, rodents, etc.) are also non-existent. In summary, public facility and nuisance impacts from the development are minimal or undetectable. The public facilities in existence at the site are adequate to support the proposed development. No improvements are necessary to upgrade existing public facilities, or mitigate any effects on private property owners. 18.530 Industrial Zoning Districts 18.530.020 List of Zoning Districts A. I-P:Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated, attractively landscaped, and pedestrian-friendly.201-5.2 Extension in the EFU, AF-20 and EFC Districts Response: According to City of Tigard zoning maps, the subject property is within the I-P zoning district. Standards of this zoning district apply to the proposed development. TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES CIVIC(INSTITUTIONAL) USE CATEGORY I-P I-L I-H Basic Utilities C14 C14 P 14 Except water and storm and sanitary sewers, which are allowed by right. Response: As listed above, basic utilities in the I-P zone are a conditional use. The proposed development is a basic utility use as described in 18.530.040 Development Standards A. Compliance required. All development must comply with: SolarCity Land Use Application 17 • • 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. 2. All other applicable standards and requirements contained in this title. B. Development standards. Development standards in industrial zoning districts are contained in Table 18.530.2 below: TABLE 18330.2 DEVELOPMENT STANDARDS IN LNDUSTRIAL ZONES STANDARD I-P I-L I-H Minimum Lot Size None None None Minimum Lot Width 50 ft. 50 ft. 50 ft. Minimum Setbacks -Front yard 35 ft. 30 ft. 30 ft. -Side facing street on corner& through lots[1] 20 ft. 20 ft. 20 ft. -Side yard 0.50 ft.[3] 0150 ft.[3] 0/50 ft.[3] -Rear yard 0+50 ft. [3][4] 0/50 ft. [3] 0/50 ft.[3] -Distance between front of garage &property line abutting a public or private street -- -- -- Maximum Height 45 ft. 45 ft. 45 ft. Maximum Site Coverage[2] 75%[5] 85% 85% Minimum Landscape Requirement 25%[6] 15% 15% [1]The provisions of Chapter 18.795(Vision Clearance)must be satisfied. [2]Includes all buildings and impervious surfaces. [3]No setback shall be required except 50 feet shall be required where the zone abuts a residential zoning district. [4]Development in industrial zones abutting the Rolling Hills neighborhood shall comply with Policy 11.5.1. [5]Maximum site coverage may be increased to 80%if the provisions of Section 18.530.050.B are satisfied. [6]Except that a reduction to 20%of the site may be approved through the site development review process. Response: The standards in the table above are met as follows: Minimum lot size: There is no minimum lot size requirement. The installation will be on two abutting tax lots that make up the property, tax lot 200, which is 3.61 acres, and tax lot 400, which is 3.04 acres. Minimum lot width: The minimum width requirement is 50 feet. Measured at SW 85th Avenue, the tax lots 200 and 400 are 182 and 77 feet wide, respectively. Setbacks: Setback requirements for this site, which is bounded by residential zoning to the south and west, are: SolarCity Land Use Application 18 • • • 35 feet at the front or SW 85`h side of the property, • 50 feet to rear(abuts residential zoning), • 0 feet to the north(side lot line, abuts IP zoning), and • 50 feet to the south(side lot line, abuts residential zoning). As shown on the site plan, the solar panel structures are set back approximately 280 feet from the front property line, 63 feet from the north side property line, and 160 feet from the south side property line, and approximately 80 feet from the west property line. Maximum Height: The maximum height is 45 feet. The solar panel structures will be 7.5 feet high at their tallest point. Maximum Site Coverage: Site coverage limits are 75%. The existing CWS buildings, parking area, and the proposed 28,000 square foot installation cover approximately 24% of the 9.36 acre site. Most of the southern half of the site is, and will remain, grassy and open. Minimum Landscape Requirement: The minimum landscape requirement is 25%. The approximate area of landscaping is 76%. 18.705 Access/Egress/Circulation 18.705.030 General Provisions A. Continuing obligation of property owner. The provisions and maintenance of access and egress stipulated in this title are continuing requirements for the use of any structure or parcel of real property in the City. B. Access plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. Response: The CWS property is accessible from a looped driveway on SW 85th Avenue, a public street, as shown on the attached site plans. This access point will also serve the solar installation, which is on CWS property. The existing access complies with city standards, and was approved with the development of treatment plant in 1976 and subsequent permits for expansion and improvements in 1990 and 1999 (CUP 1999-00003). The proposed solar installation does not create any measurable vehicular or pedestrian trips, does not generate parking demand, and does not require any kind of internal circulation system. Therefore, no changes to access, egress, or circulation are proposed. C. Joint access. *** D. Public street access. All vehicular access and egress as required in Sections 18.705.030.H and 18.705.030.1 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. SolarCity Land Use Application 19 • • E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030.N. F. Required walkway location. On-site pedestrian walkways shall comply with the following standards:*** Response: No joint access is proposed. The existing access connects directly with SW 85th Avenue, which is a public street. No new curb cuts are proposed. Because there are no occupied buildings proposed with this development, no on-site pedestrian walkways are proposed or necessary. 18.725 Environmental Performance Standards 18.725.030 Performance Standards A. Noise. For the purposes of noise regulation, the provisions of Sections 6.02.410 through 6.02.470 of the Tigard Municipal Code shall apply. B. Visible emissions. Within the commercial zoning districts and the industrial park(IP) zoning district, there shall be no use, operation or activity which results in a stack or other point-source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply. C. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. D. Odors. The emission of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. Environmental Performance Standards Response: The proposed solar photovoltaic system generates no noise when in operation. There are no visible emissions associated with the operation of solar panels. The solar installation generates no vibration and no odors of any kind. E. Glare and heat. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted; and 1. There shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source, and 2. These regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Response: The solar panels have a very low reflectivity, since the purpose of a solar panel is to absorb solar radiation, not to reflect it. A technical specification sheet for the panels that will be used is shown in Exhibit 5. In addition, a photograph of a similar installation at PCC Rock Creek Campus (Figure 1 and cover sheet) demonstrates the low reflectivity of the panels. No lighting is proposed with the development. SolarCity Land Use Application 20 • • F. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard Response: The solar installation does not have any elements that attract or harbor insects or rodents. The racking structures are made of steel and the panels are predominantly glass. 18.730 Exceptions to Development Standards Response: The proposed development meets all the required development standards listed in the code. No exceptions are requested or needed per this chapter. 18.745 Landscaping and Screening Standards 18.745.030 General Provisions A. Obligation to maintain. Unless otherwise provided by the lease agreement, the owner, tenant and his agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping and screening which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, shall be replaced or repaired as necessary, and shall be kept free from refuse and debris. B. Pruning required. All plant growth in landscaped areas of developments shall be controlled by pruning, trimming or otherwise so that: 1. It will not interfere with the maintenance or repair of any public utility; 2. It will not restrict pedestrian or vehicular access; and 3. It will not constitute a traffic hazard because of reduced visibility. C. Installation requirements. The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures; 2. The plant materials shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock(ANSI Z60, 1-1986, and any future revisions); and 3. Landscaping shall be installed in accordance with the provisions of this title. D. Certificate of occupancy. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond E. Protection of existing vegetation. Existing vegetation on a site shall be protected as much as possible: 1. The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and 2. The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around individual trees). F. Care of landscaping along public rights-of-way. Appropriate methods for the care and maintenance of street trees and landscaping materials shall be provided by the owner of the property abutting the rights-of-way unless otherwise required for emergency conditions and the safety of the general public. G. Conditions of approval of existing vegetation. The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during SolarCity Land Use Application 21 • • development review and in no instance shall be less than that required for conventional development. H. Height restrictions abutting public rights-of-way. No trees, shrubs or plantings more than 18 inches in height shall be planted in the public right-of-way abutting roadways having no established curb and gutter. Response: The existing conditions of the site are that it is heavily landscaped along the north and west perimeter of the land where the proposed solar installation will be located. The west boundary was addressed in a condition of approval of the 1999 expansion of the CWS Durham wastewater treatment plant. This condition required a buffer of level"F" along the west side of the property. As described in the arborist report (Exhibit 8), and shown on the Site Plan(Exhibit 4), the existing condition of the buffer west of the proposed solar installation exceeds the level "F" standard. The arborist report also identifies methods for protecting existing trees on the site during the construction period for the solar installation. This primarily consists of the installation of a temporary tree protection fence six feet inside the drip line of the existing tree canopy to the north and west of the installation. The large fir trees to the south will be protected by installing a tree protection fence 30 feet from the southernmost row of solar panels as shown on the site plan. After the completion of construction, the six-foot tall, orange construction fence for protecting trees will be removed. Further details about the tree protection measures are in the arborist report (Exhibit 8). 18.780 Signs Response: No signs are proposed as part of this development. The standards of this section are not applicable. 18.790 Tree Removal 18.790.030 Tree Plan Requirement A. Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot,parcel or combination of lots or parcels for which a development application for a subdivision,partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. Response: The proposed development involves a conditional use and a site development review. A tree plan is required and has been included with the application materials. B. Plan requirements. The tree plan shall include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section SolarCity Land Use Application 22 • • 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: *** d. Retention of 75%or greater of existing trees over 12 inches in caliper requires no mitigation. Response: The arborist report and tree plan(Exhibit 8) shows the location of the vegetated area around the perimeter of the site, and a description of the tree types and sizes within this buffer. It also describes a program for tree protection during the construction phase. The site plan also shows the location of tree protection measures. No trees are proposed for removal as part of the project. Because more than 75% of existing trees over 12 inches in caliber will be retained, no mitigation is necessary, and none is proposed. 3. Identification of all trees which are proposed to be removed; 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. Tree Removal 18.790-3 SE Update: 10/04 C. Subsequent tree removal. Trees removed within the period of one year prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060D. Response: No trees are proposed to be removed as part of this development. The layout of the panels was designed to avoid the existing vegetated buffer around the perimeter of the site, and the keep away from trees that would generate shade and disrupt the efficiency of the installation. The site plan(Exhibit 4) shows the location of the tree canopy as it relates to the development, and the location of proposed tree protection fencing. Existing tree cover will not change. 18.795 Visual Clearance Areas 18.795.030 Visual Clearance Requirements A. At corners. Except within the CBD zoning district a visual clearance area shall be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. B. Obstructions prohibited. A clear vision area shall contain no vehicle, hedge,planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists,from the street center line grade, except that trees exceeding this height may be located in this area,provided all branches below eight feet are removed. C. Additional topographical constraints. Where the crest of a hill or vertical curve conditions contribute to the obstruction of clear vision areas at a street or driveway intersection, hedges, plantings,fences, walls, wall structures and temporary or permanent obstructions shall be further reduced in height or eliminated to comply with the intent of the required clear vision area. 18.795.040 Computations A. Arterial streets. On all designated arterial streets the visual clearance area shall not be less than 35 feet on each side of the intersection. SolarCity Land Use Application 23 . • Response: Vehicular access to the site is via an existing, looped driveway that connects to SW 85th Avenue at the front of the site. This driveway was constructed to serve the CWS building on the property,but it can also be used to serve the solar installation. The driveway will not be altered in any way as part of this development application. 18.810 Street and Utility Improvement Standards 18.810.020 General Provisions A. When standards apply. Unless otherwise provided, construction, reconstruction or repair of streets, sidewalks, curbs and other public improvements shall occur in accordance with the standards of this title. No development may occur and no land use application may be approved unless the public facilities related to development comply with the public facility requirements established in this section and adequate public facilities are available. Applicants may be required to dedicate land and build required public improvements only when the required exaction is directly related to and roughly proportional to the impact of the development. Response: No improvements to public facilities are proposed as part of the requested development. As described in the"impact study" section of these findings, the proposed solar installation does not create any measurable vehicular or pedestrian trips, and does not generate parking demand. Consequently, exaction of land for road improvements is not roughly proportional to the transportation-related development impacts, which are effectively zero. SolarCity Land Use Application 24 Exhibit 1 - Vicinity Map - f- -e - - d - -c- - b- -a - z �.� L very , Westlake e 2 nno E. ` Park DZ SCAlfart �� Creek Park X. �� i as �/� cele. sWamara St Z° �.D es, J' Westlake L ... �,..0 �l J -• a li( 4;-_,..--s„,�k �:(e!n)a]e-t03e f.f6Ib)el!-tMY EV < _ ''�y�\ I 'WI CONFIDENTIAL-1NE INFORMATION 4 n - ft. veil EdryC'WOod S1 ;: :} HEREIN NEFITD SHALL NOT C TSD - 7 `� `,R FOR THE BENEFIT OF SANYCNEHALL IT EXCEPT SOLARCITY NC.,NOR$HALE BE 44- ..,,,,•. DISCLOSED 14 MOLE OR IN PART TO 41'\ ,I OTHERS WTSIDE THE RECIPIENT'S cTioN SW Gaarde St SW McDonald St l� Kruse Way TM IZA1 BE THE NRIIII RwssIDN Cl cov,is rte, 01 01 i Hilton G "� " Garden Inn �V ... 6 Z12 r.• Q n 5 Bonita Park } P • Bo,iL Rd S� W '`dmuy Lni. z in .4.. �c 1\�`EER\NG C:7CNN'1\ G 4`� S3 co TO m Lake Forest Wa Park E 4 Y a o E o 0:e15 4' g•CR co 8 ti mac' 1;• Q. cn >- v) ix ct to �j'1�' ��e° Eo a a Courtyardita4 ,!' v 4 r �j J tii� la CO C Marriott It, /�' Madrona St 5- '� 55 v, Summerfield , ' �' tis ' �t_6401 ES 9Y- cr) Z = N X_ Golf Coarse n' a , ce gal °° Q Q ccO SW Durham Rd SW Durham Rd rt SW Durham Ra 1'Vashing[on Ct == Q o Q o coe, co "~ 91 I J-J CD o King City 11/4 �, , -r: I Z m dere, T Dr • $acce. „field.• f ,. iJ -. _ a65► „ 04 a ig Lltt►e Feet 9 ��,,,.� ;=- o aes +O e 4 Child Care d ' a �i 1t JI u. °�fi 0J, Lockwood _ ;�<� ° Ea Products ■ .� w, to s Bryant S la a• Jean Rd C n�:k Bark �� 3' .. a��a cS J Park Durham i , °'.. Park .n W S REVISIONS ip L ens BT DAII CO ATTITS $ it r 5 Y X. i Tualatin l ' U cn Bryant Woc '='z Lr'1 Eb ' Country Ckih ' i. Rose'A1F'J•z d Nature Pa -- SW Tualatin Rd SW Tualatin Rd R s v°:'+ 4 e 1 Tua a < Pilkington Ca Comm m Park ii SW Dtisrrm, a Dawn Ave TNT JOB>D�DE.A,� Park` ._- (,7 0B)1RINA SOLAR I TSW2391A91 ��:et�n Dr ‘. 611.`°`' - _ -. SW Childs Rd SW Chids R+ Inverters e Eli S_ , k ! Rivergrove .CO �. 1 COMM ono Fe v Bos(' .ae:;7T-S 1/20012 MINIM rc rc TNT mot z * A..A r' 1 T JB-972898-00 Brnwm .. Tualatinerry Park �PV2(3) - d - - c - - b - -a - _ _ fV _ rr ilk g St- OR ,, i`i , '• r �, t r , s M • . 'w{ 141t. �—� .41 . r ' � 4. , L., , _ 4 ... r �.,.o.. :�.1 0 1, W,�',''r • . t. ' . Iwo orcuir:i i.__-__; .":::710, .4:1 tio.., : ,t. i -*.i. .0.,,, filleri .' ... 154 --c i- , _[ ,-, 11 ., , ,_, , , 4 , . , , ;� 4, . . } ..* ,, ••• ,r ,... - .1 ..,2 , . , , „. _ . 4, . , . , .. . . ...;, , . ,A. - , - A :. ' :,•L`, k v,,; .� : • , 14G • r• S t, 0 .kt dr i dd I f_. 16 i F` '�.;.- x ` ,, lit* .1 f • f -•,‘I ' - .000 . * 4, i. No Nha,IHminil . . I e' M 1 ii► t w iiF lir )1111 ��r. z Isi ;rI :-! yµ ® is j17 • �. 31 1 l 1: s I �. �}. r Is y fs. iwail.�.r-.�,.' 'w�w'_N Mme._` _ f }I ' •' { 1 .fir...,.,..-...r . r " / Ii j'1 0 it _. .,,,,, ./ t , ,.- .... .. ---.., - - . '" .. I.- .., t __ ..._ ........ ,..0 . .... . ,., II .., . r 9 + ,: , yam.,,, _ rr • 4. lc , . I cr :,— ... d� . .1 '•i_t '41 - ,ter` '" f.. 4 it ,. _ .._:•fes_- `s ! f !' r tt ,Ville194PINV J N X N tr Z° m rr — C1) Ni u i `,, IIIIIIIIIIIIUCLEAN WATER SERVICES - DURHAM On e=' ► 1 / I 111111 11111111111111 401.38 KW GROUND MOUNT PV SYSTEM �� '� � y ro CLEAN WATER SERVICES — DURHAM "�� o .� $ a �� o H- 16060 SW 85TH ST. m33 r:� ��_"� � � w TIGARD, OR 97224 rn0 �. A4 1 5036813601 2 MI / ' -i $' 0 - ' - - N - - w - - 4, - 0 Exhibit 3 - Existing Conditions - f- -e- -d- -c- - b- -a - I I�� Awr --- .•CHANINI( am.as »w - , Nm l'm�+-Y I_..:a�aw, - �^' �'. _ _ -> } w s r © y I-t111:1 CON IDENPAL-11IE NFORMATION 4 �`--- N - _— - --- - _--- — .F-'—"- I I — W AVED SHALL NOT DE I&D 4 ' _ f NOW _ ' y/+ REcENE•, ~'` :- --ile---`_� / YOW smr�—� - --�.r. (A"',r I '. iALE aR NAeT io ' /' �,,,�- -- --_ \: � �'r i \ �,, OUTSIDE THE REc&EYrs ,.� �+y . WITH THE SALE AND USE of THE �;'IfrS� / f� E �j- �_, \ — •0.t '1,"/ ;It I I II ORGANIZATION,EXCEPT IN WNNECTION I 11" �/ �7�i ' .oma — _ —_ -- --1- v id _ I ^O ^ RESPECPVE SOLARGtt EWPIIENT, (' 0� r / 4 •1• ? *--1-4-t. Y �?i 'l' SEP 0 6 L Lf S R T THE rnttEH vEaessaH a sawlatt Nc. I —� �I �j ytE t / �� • 11!` ! > t I j r /_ice1 ; I —I i'' I CITY OF TIQARD i - — > PLANNING/ENGINEER NG Il�l 11 d I I I i �°� \ \�, �� , T s.,�. J. I 1 � j ® �\ � � ' '�� I I ISI 11) i\ \. 1 *I \\ \ j� \/ �� I A I • E .� 1 R • 1 t Ii I I y I ' , .'CHAINLINI( '&\ \ 4 1. I I I I 6'coma ! j;i' 11 I I I f� I I ,\ \ 1, ,^� ?/ t s'' _-��• H f . .111..i I 2 = CL CC , \l \'�' Ta° • .•• / I1- I Illy I i ', k .iv `.'/. _. •• . . ; u; its ill w } U '`\ /' ASPHALT • • I U N W i. I `\ b� ~O eEADWORKS ! y - r • 1 1 • i��t',, I N N N EXISTING MIXED COTTONWOOD, ; ,I \ °\\111 \ • BMW �o, . '? + _'. I p w o W in ALDER, MAPLE, AND SEQUOIA j WO 11; , -- '.� l' tr.. T �i;, "ii� r°° 3 WITH DENSE SHRUB PLANTING , 1 ?, �' �'' � �" �� W,� 'I 1 z cn o Po I IId? • �f ! 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FIR �="�' : .. l ,.4. k ...r� —— -- �..��.� c • �' I� I f H 2,r�D,: e .— ~— / M-- _ I EXISTING SITE PLAMO IMillt N / — _______ =� s :::,..--_____--a— \`l�—77""---,-:-• _�=�� "v” I 7•,0'V' W �, E 91E PLAN CROFT • -O 1 n. , i��1.N., _� '\�. \Cl� �� j .a I I o ,a 6a `+ JB-972898-00 f' 3� iar3----<-------- CN�\ �, \ j ', j ,r I "`Pv2(2)-mill r -f- -e- -d- -c- -b- -a - Exhibit 4 - Site Plan i i r�111 ��$01�[�QL�1 • • 1 1i , ..:.'ti ],l I iii I a.r ,mom.i rpm.... I I! / hEI — .,..'.... _E--•, �? CONFIDENTIAL-11E NiORMATION _ �� cHatan,x "" * I- I �' �?'. f BEKFI7 Of ANYDNEHEREIN CONTMMED SHALL TExCEPTBE� "le - - © I SOAROTY NC.,NOR SHALL IT BE ��. IF -glib, �. _- __ DISCLOSED N WIOIF OR IN PARI 10 TY — • I � - ,,,477%; •••"• OTHERS OUTSIDE EXCEPT THE IN CONNE • • I Liw S'F:P • • • i n / /t„� I RECEtVED ORGANIZATION, SAIF A O USE aCONNEcnoN .� DIE '/ P :I WIDOW THE IIETTEN PERMISSION Cf ..____1 bSPHALT GATE A /012 SOLARCITY INC. • • • • •.6..ig.„ 4 ,, 8, .,l1 ;=1-= --- ----. - ` �. SEP 0 6 ,, ° I KIIIIIIIIillll1119II) T.•PA� - 4110/( ' • — a ='J °�, CNINGIEN OF GNEERING 1 11 1111F11F11111111111I lllk[111-�" �� _-- E+ ►„AN v� ASPHALT ARD `. i l e ,_� `�f/� �. 7714*r! 1 I 1' I "> IRIIIIIIILIlIIII1IIILI�,llIIIIIIIII • • __ a ....,„.n.... I � ! 1 I �6 CHAWUN( •III 1 I cx ix 6'CHANJTM "/I • i' I f ! HEACw]RI(5 I �i O O if I IGI11I I1IIIIIIIILIIIIIIIA IIIII1I I11^ C TE e • BASING ' • I j LuJ _• I `, �J 110w STRIP` a a • N Ff • •` •< '' .t(, o f ' � � l cn V' y ■■ yl U ci - \\ I 1 • • •• ! ASPHALT •• ♦ - R" I �1 I {l*"T-�� W"; 1 ! Al \. a N •. I . I V) V) CNI • ix o ix•Ii � • iA / • CC(J\R j••jJ I GATE y'I ( ® Ing e - ( 1 4 III •I TEMPORARY TREE PROTECTION FENCING. IIGW SiRP r LOCATED 6'BACK FROM DRIP LINE OF I j' 1 / 1 pp a ' FASTING TREES ( II IIIIF111111111111i11111111 J)) 1I 1. 2 I I ��\ 1 /\ \ \ lr i 1 11• ftttiTTi trent I I ?11 �3C' �t e I! I I F aAUraxac 11111111Kn ' i lg. \ \ 3 1 I / 11 ' N (N)7REE PROIE�TION FE CE \J 1 I �1. `I . J \ LOCATED 30' EA RN / i �..- !- .I �" MOST S011dt AAY OEYRSIOId A I \1 I IFY BY DA3 CC TS „? �1 1 1 - \ / , j • - !m• n yY � ` , ii M •I a • �{A 1 ( / ) A\ �\,,I / e I �il v i li ` / 1 1 \ (N)TREE PROTECTION FENCE 0> �- /- I I / 1 lit .11•' LOCATED 30'FROM SOUTHERN ) --- \ . ,i I. MOST SOLAR ARRAY �� j_ ` / \ ,,.--� / , (\ \\ _ - O ,»- �- " RUB DETAILS CHAPEJ7xTigcrd -1 (1701)tRNA SOLAR f TSM-Y35PA05 AMOM RAW / 1 I ; SCHUTTER GROUND MOUNT lyT I ; Wilde In_ ; MIN Mt ' n a � .— - - - _ r - I.. PV SITE PLAN W /;\ E ,;:s��oLs LEASE j L - - - - -_-. - - -. _ 1 y4' PY SITE D.CROPP / Y f .• f _ ___ .w..Tmei. - •_ -.-�— I I I I I . �� EXISTING DOUGLAS FIR y - 1p},-��-� _ - _ g 1 "'• • y,H I • I 0 •0' BO S - @l rr•-- T -— — - - --- — 1 1 j JB-972898-00 na n 1 j- / ., .-- w 1 w PV2(4) -e - -d - -c - - b- -a - Exhibit 5 - Elevations and Details 2 I 3 1 4 1 5 I L I 7 I ■ I S 1 ID , 11 I 12 t 13 J__ 14 _ , • DESIGN CRITERIA: 2009 EDITION OF THE INTERNATIONAL BUILDING CODE,WITH LOCAL AMENDMENTS. - 2010 OREGON SOLAR INSTALLATION SPECIALTY CODE, 2010 OREGON SPECIALTY STRUCTURAL CODE. ED __ 13373J526}nj— LD ADS: ��; _MODULE DEAD LOAD=2.59 POER I ,001 j39,'d in] SNOW LOAD=24.1 PSF(BASED ON 50 PSF GROUND SNOW LOAD) h=1.0 Ce=0,9 C1=1.2 Cs=0.91 TYP. r A WIND DESIGN: Z i i---- • i EBASIC WIND XPOSURE:SPEED--DESIGN BASED N WIND 95 M S GUST). T"�„2"�,B� SEP 0 6 211 C N=,.6 CITY OF TI ARD i I - INSTALLATION TOLERANCES: LATERAL ALLRRAL D�EVVIATKA CEMENTOF POSTS WITHIN AN ARRAY IS 35.0° p�NNINGIEN, NEERING POST HEIGHT VARIATION TOLERANCE IS 30.40' I ' --- — — POST VERTICALITY TOLERANCE d.0'IN ALL DIRECTIONS POST ROTATIONAL TOLERANCE•37.0° -- ARRAY TILT ANGULAR TOLERANCE 310° GENERAL: • 1.THE STRUCTURAL CONSTRUCTION DOCUMENTS REPRESENT THE FINISHED STRUCTURE. I I \ 1 I THEY DO NOT INDICATE THE METHOD OR SEQUENCE OF CONSTRUCTION.THE \� CONTRACTOR SHALL BE RESPONSIBLE FOR AND PROVIDE ALL MEASURES NECESSARY TO PROTECT THE STRUCTURE DURING CONSTRUCTION.SUCH MEASURES SHALL INCLUDE, �FINISFED GRADE BUT NOT BE LIMITED TO,BRACING,SHORING FOR LOADS DUE TO CONSTRUCTION EQUIPMENT,ETC.THE STRUCTURAL ENGINEER SHALL NOT BE RESPONSIBLE FOR THE I CONTRACTORS MEANS,METHODS,TECHNIQUES,SEQUENCES FOR PROCEDURE OF CONSTRUCTION,OR THE SAFETY PRECAUTIONS AND THE PROGRAMS INCIDENT THERE TO li - d - (NOR SHALL OBSERVATION VISITS TO THE SITE INCLUDE INSPECTION OF THESE L... A ITEMS).THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE DESIGN AND , IMPLEMENTATION OF ALL SCAFFOLDING,BRACING AND SHORING. 2.WHERE REFERENCE IS MADE TO VARIOUS TEST STANDARDS FOR MATERIALS,SUCH • 1147 mini 2170(109a in] - — 2770(1096 in]- -2770[1094 mJ 2770[1094 mJ --1147[458 in)--- SHALL BE THE LATEST EDITION AND/OR ADDENDA ALUMINUM: 1.ALL ALUMINUM SHALL CONFORM WITH THE LATEST ALUMINUM DESIGN HANDBOOK. FRONT ELEVATION 2.ALL ALUMINUM SECTIONS SHALL BE 6105-T5. f ) in h �N SCALE 1:35 STEEL: 1:ALL' • 2.ALL NUTS SHALL BAND E 316 STAINLESS TEELERS SHALL BE 304 TSS STCLASS 2 EEL CUSS 2(A2-70). 4V TORQUE: I ;•/ X :6*,,L M6 BOLT TORQUTORX BOLT FORE ISS 16 N.M(13T-lASID 2.MODULE LAAIPS IS 14 N-M(10.5 FT-LBS) ) 1 `• 4b' h! M10 BOLT TORQUE IS 41 N4N(30 FT-LES) ,4111040:4•41f � � M12 BOLT TORQUES 70 N41(52 FT.LBS) ..N.:,,,,,,...... �� 461,144:c..., MODULE SIZE: ` ! RACKING SYSTEM DESIGNED FOR MODULE SIZE:1675 mm x 1001 mm x 31 mm tp �► ,�� \ Y VERTICAL MODULE GAP:23 mm `�` HORIZONTAL MODULE GAP:5 mm /,, �� 7�8 FOUNDATIONS: �` `--‘0- 84.,,,.. '* 1.FOUNDATION DESIGN IS BASED UPON GEOTECHNICAL REPORT/TESTING REQUIREMENTS ,�� ' 7 4t;iv°j!)y� BY TERRACON;PROJECT N0:62129013. en f `� ALL CONSTRUCTION SHALL CONFORM TO THE REQUIREMENTS OF THE GEOTECHNICAL REPORT. 0. 4N --V h!, 2.THE STRUCTURAL ENGINEER IS NOT RESPONSIBLE FOR ANY GEOTECHNICAL ASPECTS OF ` -g `� , THIS PROJECT.If THE INSTALLER NOTICES ANY SOIL THAT HAS DIFFERENT DEWING N S �`� - ' CHARACTERISTICS THAN EXISTED FOR TESTED GREEN POSTS,CONTACT THE ENGINEER S 1 .`'% -�. �� IMMEDIATELY. 53B2L` bj� � ``Tli4 WISHED GRADE .c w. 0 s o * „ i ± ISOMETRIC VIEW „ eE NEFRss SCALE 1:40 tfielP at:), eee�PE OIEGON Ly 592[23.E in]-- --- 2174 j654 mJ -- dYo 115°#‘6‘;20/ 5 NM,`. . SECTION A-A4"111111:1 O. sc s/zo/1z SCALE 1:20 (19PRA1■0A1E erm0,4J , wo DRAWN: CHECKED: REVIEWED: APPROVED: REVOI0118: SCHNEIDER ..: o aaeAnsn1no12 Nati Drawing L7aeClient: Ground Mount FS 2V x 13 35 Project Site: Drawing Number: � An 05.142012 ' Speed sheet update ESCHLETTER * - STRUCTURAL ENGINEERS 2 Cheealos.15.2012 sps■dsrleet Solar CityOIT Racking Structure 3 f2leeAn 06.142012 _i_ Speed Sheet Update,c argue ander We.add cod abut bake b-. ”and 6132 N E 112th Ave. 3201 Campus Dr. 0F • 601bm,demo location,endariq deep.MBA bake p waw DEDICATION TO srnucTuw.��nNov�riora �1 CheeAn 06.152012 I Notes.damp location , 7761 E.FARNUTA PLACE tlUCSON. a 85706 I Dimension and Specifications ■ OWL n wu 1 n1 a.mw a■m 510.311.0 ......o m. 5 Busll&06192012 Nola Revisions,Adlu tGroundSloee --- Portland,OR 97220 I - Klamath Falls,OR 97601 ... „>y, --__I -_ I EMAIL LIAL®SCHLETTER.US ISSUED BY:SCHLETTER INC. JOB NIA6ETL• SCALE: munvAL MICA n s. W W W.SCFLETTER.l1S PROPRETARY AND CONFIDENTIAL SHEET:,d 2 SEE DRAWING VEINS 1161,41°61 iM MI M."N°«IIJAID I` 1OL 1 I 2 I 3 I 4 I - 5 I 6 ---- - 7 I 5 I 9 10 ! - 12 - -1-3 I Exhibit 6 - Title Report 4D Chicago Title Company _. 10135 SE Sunnyside Road, Suite 200 RECEI ��.: D Clackamas, Oregon 97015 Phone: 503.786.3940 Fax: 503.653.7833 SEP 0 6 2012 E-mail:trios@ctt.com - METROSCAN PROPERTY PROFILE CITY OF TIGARD N Washington(OR) PLANNING/EaINEERING OWNERSHIP INFORMATION Owner : Clean Water Services Parcel Number : R0517408 CoOwner : Ref Parcel# :2S114AA 00500 Site Address : 16375 SW 85th Ave Tigard 97224 T:02S R:01W S: 14 0:NE QQ: NE Mail Address : 2550 SW Hillsboro Hwy Hillsboro Or 97123 Bldg# Of LTelephone :503-681-3600 SALES INFORMATION Transfer Date • Document# : 11560586 Sale Price • Deed Type %Owned • Vesting Type • Prior Transfer Date : Prior Document# : Prior Sales Price . L PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page Grid :685 Fl Mkt Land • Census Tract : 308.05 Block: 1 Mkt Structure Neighborhood :YI5 Mkt Total School District :Tigard %Improved Subdivision/Plat: M50 Total • Class Code Levy Code :02374 Land Use :9900 Misc,Port/Municipal,Vacant 11-12 Taxes Legal :ACRES .93, NON-ASSESSABLE Millage Rate : 16.5961 PROPERTY CHARACTERISTICS Bedrooms : Lot Acres : .93 Year Built : Bathrooms : Lot SqFt :40,511 EffYearBlt : HeatMethod: BsmFin SF : Floor Cover: Pool BsmUnfinSF: Foundation : Appliances : Bldg SqFt : Roof Shape: Dishwasher: 1 stFIrSF Roof Mati : Hood Fan : UpperFlSF. : InteriorMat : Deck Porch SqFt : Paving Matl: GarageType: Attic SqFt : Ext Finish : Garage SF : Deck SqFt : Const Type : This title information has bean furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. Information is deemed reliable but not guaranteed 0 Chicago Title Company 10135 SE Sunnyside Road, Suite 200 Clackamas, Oregon 97015 Phone: 503.786.3940 Fax: 503.653.7833 E-mail: trios@ctt.com METROSCAN PROPERTY PROFILE Washington(OR) OWNERSHIP INFORMATION Owner :Clean Water Services Parcel Number : R0517417 CoOwner : Ref Parcel# :2S114AA 00400 Site Address :"no Site Address*Tigard T:02S R:01W S: 14 0: NE 00: NE Mail Address :2550 SW Hillsboro Hwy Hillsboro Or 97123 Bldg# Of Telephone : 503-681-3600 SALES INFORMATION Transfer Date • Document# : 11560586 Sale Price • Deed Type %Owned • Vesting Type • Prior Transfer Date : Prior Document# : Prior Sales Price . PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page Grid : Mkt Land Census Tract :308.05 Block: 1 Mkt Structure Neighborhood :Y15 Mkt Total School District :Tigard %Improved • Subdivision/Plat: M50 Total • Class Code Levy Code :02374 Land Use :9900 Misc,Port/Municipal,Vacant 11-12 Taxes Legal :ACRES 3.04, NON-ASSESSABLE Millage Rate : 16.5961 • PROPERTY CHARACTERISTICS Bedrooms : Lot Acres : 3.04 Year Built : Bathrooms : Lot SqFt : 132,422 EffYearBlt : HeatMethod: BsmFin SF : Floor Cover: Pool BsmUnfinSF: Foundation : Appliances : Bldg SqFt : Roof Shape: Dishwasher: 1 stFIrSF Roof Matl : Hood Fan : UpperFlSF : InteriorMat : Deck Porch SqFt : Paving Matl: GarageType: Attic SqFt : Ext Finish : Garage SF : Deck SqFt : Const Type : L This title information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors In this report. Information is deemed reliable but not guaranteed fJ' f S4rf;t 7 %M:.,.,:n Y•.....Triz.,, .. . .._ ,_.... . „.„.....r,5::vim r iff `.»a 0,.,;,.,,, . r""'"—"------,zi . . ,,. sr1:5r,1!R56i�;sp,.rAmpfl�iSE' 1 r .six r _ WARRANTY DEED `' �,. • EDGAR E. RIPPET and CHARLINE•'A. RIPPET, huAband wife, ' • Grantors, convey and warrant to UNIFIED.SEWERAGE AGENCY WASHINGTON COUNTY, a municipal corporation, Grantee, thei.follow- 11- ing described real property, free of encumbrances except;as specifically set forth herein: PARCEL I: I hat part of the Northeast 1/4 of Section 14, Township 2 South, Range 1 West of the' Willamette Meridian' Washisi - in ington County, Oregon, described as follows: Beginning at a point on the East line of Section 14, Township 2 '''.7.- -- .. .. .. -- .. ... —.South-, Rall9e ""s west, wiliamette Meridian', Washington. County, Oregon, 65 rods South of the Northeast corner of said section; thence West parallel with the North line of said section 209 feet; thence North parallelJwith the East line of said section, 209 feet; thence East parallel with the North line of said section 209 feet; thence South v along the East line of said section, 20.9 feet to the point I_.\. of beginning..- ...____. `` _ PARCEL I I s /fhat part of the Northeast 1/4 of Section 14, Township • \ 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described as follows: Beginning at a point on the. East line of...Section 14, Township 2 South, 6 Range 1 West, Willamette Meridian, Washington County, 'r Oregon, 66 rods South of the.Northeast corner of •said section; thence North 209 feet along the East line of said section to the true place of beginning: thence North along the East line of said section, 77.75 feet; • thence West parallel with the North line. of said section, 620 feet to the East line of the Tigard Union High School • tract as described insdeed recorded January 20,, 1956 in Book 585 page 210, 'records of Washington County, Oregon; • thence South along the East line of said School tract •• 286.75 feet to -a point on 'the South'line of the• Brooks • tract as described in deed recorded November 12, 1943 'in Book 224 page 45,. Deed. records; thence East parallel with the North line of said section, 411 feet to the ' Southwest corner of the Olson tract' as described in 'de's ' recorded May 28, 1964 in Book 514 page '125 records of . . Washington County, Oregon; thence North along the.�West line of said Olson tract 209 feet to the Northwest corner ' thereof; thence East along the North line of said Olson • tract• 209 feet to the true place of beginning. SUBJECT TO AND EXCEPTING: ' 1. Statutory powers and assessments of Unified Sewerage • • Agency.. 2. Rights of the public in and to any portion of the herein described premises lying within the boundaries of roads or highways. The true and actual consideration for this conveyance is $92,000.00. • I :i 1 - Warranty Deed C .� � �e .• 800►; PAGE JbU ...__.... . _ . • .. , .. . ' .:_ -_ —.. ;Ii .-c i .:�1°,+•.�. .r• ,r., ,i r.�=1�E:',: -+ � a, •.`i., �� F '`.:' h '�.•'':,i"�► • °i�s•;�;.�• i _ 7339 Until?a change is requested, all tax statements are to . be sent to the folxowing address: • 150 N. First St. Millsboro, Oregon 97123 ' Dated this 28th day:of ; .• March t 1977.. .. -- ye .dg L. Ri2ppet ) .1i•-e20Z C ar ine . R p et / ✓ E TATE OF OREGON ss.. . County of Washington ) March_ 2$ • 1977. Personally appeared• the above named EDGAR E. RIPPET•and CHARLINE A. RIPPET, husband and wife, and acknowledged the fore- goinginstrument to be their voluntary act and deed.�� • BEFORE ME: L.k�Ll tail �` 04,414A"',G • • Notary is or Oregon ... • My Commission Expires: 7-21-78 • STATE OF OREGON j �.. County Wardnolen• °E� °/ R ,winger o:•Raawda Itheuene and Sic-Offleterfemserten of Con. • wyrnan E sold aounww.do 1 lh the whhII huhu ii t sof:fit+: KsNd and recorded le;3 I. of maid Witness My t t(mid'fed..Awl.afl ip ! S. ROGER•THOMSNN Oltiolor of , •Orerda,IY EWA."'• ` ��!!//// • Deputy • Ara 7 31711 After Rerordina return to:• unified Seweraae Agency 150 North First Hillsboro, OR 97123 Attn: John Cooper 2. - Warranty-Deed 800K'.l��El PALL'587 0 Chicago Title Company 10135 SE Sunnyside Road, Suite 200 Clackamas, Oregon 97015 Phone: 503.786.3940 Fax: 503.653.7833 E-mail: trios@ctt.com METROSCAN PROPERTY PROFILE Washington(OR) OWNERSHIP INFORMATION Owner : Clean Water Services Parcel Number : R0517426 ' CoOwner Ref Parcel# :2S114AA 00600 Site Address : 16555 SW 85th Ave Tigard 97224 T:02S R:01W S: 14 Q: NE QQ: NE Mail Address :2550 SW Hillsboro Hwy Hillsboro Or 97123 Bldg# Of Telephone : 503-681-3600 SALES INFORMATION • Transfer Date Document# : 11510435 Sale Price Deed Type %Owned Vesting Type • Prior Transfer Date : Prior Document# : Prior Sales Price : PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page Grid :685 Fl Mkt Land :$763,060 Census Tract : 308.05 Block: 1 Mkt Structure Neighborhood :YI5 Mkt Total :$763,060 School District :Tigard %Improved Subdivision/Plat: M50 Total • Class Code ' Levy Code :02374 Land Use :9900 Misc,Port/Municipal,Vacant 11-12 Taxes Legal :ACRES 5.39,NON-ASSESSABLE Millage Rate : 16.5961 • • PROPERTY CHARACTERISTICS Bedrooms : Lot Acres :5.39 Year Built : Bathrooms : Lot SqFt :234,788 EffYearBlt : HeatMethod: BsmFin SF : Floor Cover: Pool BsmUnfinSF: Foundation : Appliances : Bldg SqFt : Roof Shape: Dishwasher: 1 stFIrSF Roof Matl : Hood Fan : UpperFlSF : InteriorMat : Deck Porch SqFt : Paving Matl: GarageType: Attic SqFt : Ext Finish : Garage SF : Deck SqFt : Const Type : This title information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions Intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. Information is deemed reliable but not guaranteed . Mlu'Xr>fTilBCtirti?F+a,•k''17.i1,7wiutbi'ar..r t �.11. . .. • r.0 R �t .. � , .riii.E' NSU r,r • viznRrrQ.� + �� , 1 L .. ,rte -.u- WAeiAM9 bito I • 0! 'xl, -; ,..'CIY.OW AL.ZIDN DY-TUESE PR thhS'That 6rikla ::11.::WEST:•AND;;PAA'PICIA A. WBSTf CJ't .. r wA ,1 . .h kai id-!n4 y4.fe:..:..._..•....._. . ., ,.. , • A • i' i, haninitdir cal ed.to d,anar;her'tlir eandd.ra ian hereinafter stibd;to./rancor paid by.: I ' ' .tt11 Gip' 4fM At E ._...........:..._...__...._....:............._................ ................._..._... ,lurehWar gala . ' :the grantoe,does hireby:4rant,barpin,sell and Donley unto the'said.drama and'ynntoV.hake, ucys umi,'and I •;"..• i ' .asstgns,`that'iertain.real property;with the tenements heredl ami eta and'appurteneiiea•thanatdo beloagtn/dr. ep--.),-;.:1--%1.........;,.7, rj'ts.:e *N• 'parfatnhtg,.ltnetsd.in the Co+nty a!:.Waahingtan.x ...and State of Oregon,described as followe,'to-witi l•,.r 1... u e 1., ' A•trete'of..landt in'Section 14, Township 2..South,•Range 1 Vist:of•the Willateette { b A Meridian,-Washington County; Oregon, 'describedt�as follows: ',1 •. & •"•i ;� • Beginning•at a point 30 rods.south of the:kor't neiest corner of said Sttctiori'14,• thence ' s+ �I West.53.1/3 rods to'a 'stake; thence South 60.,rods to'a stake;••. thence East•53.1/3 rods , • i II to a s aka; thence North 60 rods to point of beginning, EXCEPTING TBSBEPitUI the North �� -.1 36•rods•conveyed to.;Jaeee F. Brooks and'Resit: H. Brooks in Deed book'224,..page..45..•••ALSO, r. ...i EXCEPTING•TREIt!FROM'a strip of land 15 feet hide off the.Bast and heretofore conveyed .. , •:: P.,':'.• for a'road to Mata Shaver in Deed book„71 page 305,.ALSO EXCEPT-the West 260 feet.thereo.; ' '` ..I SUBJEC• TS T0: .. Statutory powers and'aseeserssntsof'Unified Sewerage Agency :4`;,,,q. 'Rights-of the public in and to any•portion of the herein described premises lying. • • i , within the boundaries of'•roade or highways '.• r' 11 4'I . . Ds PACE INDNNOaaIa.CONTINDESCRIPTION ON aEv4U 'E MDs' . '%' '; a Q• To lima-and to Hold the mune unto ehe'said:grantee and granhis hake,,uemasois and assigns iorerer:•:• yrs J. . And•said grantor hereby covenen,to and with.said Banta aid grantee's hilly ineeeaaori and essgns,that a grantor h lawfully:s.hed in la dmpie of the above granted premises /roe from at encumbrances ; ,c • • • . . . • . and that. ,i ,, • t Ir.,granbir will warrant and Priver'defend the add madam and every part and panel eherrot-eNa&a!the lairfui Name Lf "'and demands at all perso Rlihomsoever.arcepe thole claiming'under the above deeoeibed•.ncumbtanar. s .6I The fnro and aorta oomideratori paid lot this transfer,slated Intorno of dolaa;it.$.9 ,1QO..11Q d.._.. 4't mwhich is• f� 1 > cheddiritlon(iyldicate whleitie(Tit:ridiieebaht::.th..,n,bds6;Raetappbablgdouldbed bliLJee0Rsd1.OJO.) I' klr ;,- • In cou fro/f g IN1 deed and where the context so requires,the ainguler•inef des.the piural.and all graamtelhal ..a+. .". '?`: .changes shall be implied to make the prodsima hereof apply squall ccs" and to indivldwh.'. ''• 'i '' 1" • y Q(� Ndrek` 77; • li' In Witness Whereof,tfii`grantor has sttactrled this trofriErreeni a�uf....».., . .».»_. r 19._..., `,^ if a corporate grantor.it has caused its name to be signed and sed elf ed*its Mime; authorized thereto by,•' : ,: • f order of its board of directors. .WIC-,j-17$-Aft". i.'1±ST:',] �,, I sNI laiwow*.'a.r�.eMw. '. Llati.tfli�r:»:::/ t.1 ..:.....»...:...».».:.�.' • fl, • .'xu"'n'w"'.�I .i • PATRICIA• A. WEST ._. . »_... ».» r I .• { STATE OP OREOO . . 1h •, STATnd'OF ORZOON,County __ _— ,---- s►• . away w ftN . » - . 4 »L._ i9...Z.74/ • . Ammar Mowed _ r lii _ = ., l .,____ . a __.» whet,:bung i.eb's ane I ,a 1 penwrly.aeprnd 1/r above Sallied.._....»_._..._.,f. •NM tor.aimwlr�.\see tree tar the adwi,did;MY alit Na toren,I.W i j I Wi11is A. West and; »,_y,,,,_» ..-Yµ..,... ,„_-..».\ _•»..,...._..,seWNM sed NW tM tam!k tM, I .1? .: PatXie 4•.At:..Welt _»...... _ .� "-_'_ •-.aw!4at 4 { r; • .,... aad'aebeontagNg f!a tenldeg hairs• ••»^•__-_,..._.._._.._ ,V. _1_ .a aer9err.a► r,. . end they the a.Y afSraalo fe toegohld hrbrrtt.af li flo sege..ta.tet i it :or.M 8e theiY:...•;.•_„__•„rah„dq eef and dad ;' o!aald.osTporati.n•and fMt`tvld:krhsmeaf wu ggrrd'and ay.kd.ta bas4: y • haft ci said ooraerallon br aumedly of hs board of dhee!..road aeeb d I,...:::• 4 th.m aebaekdgid laid:id IwhaFnt to Sr lh vehdry'ert and ded. a ad0eAt � y a �\I (OFF/COL -•-•• -'.i GG. » •• . • (OFFICA ,r'. ;:',.):,1 SSAW' r-".................__:___-_____:.....,___:.4 ...,.- • Sd4L) ,-{ 1 .. . . .Nehry.Public to0 t'(aryPublic to Oi.gai: ; • , • Monapooaiee Plmt.SL-.ZO bibbo/mddea a*pira_ • . ` 1: , \. '"'"--N•7-...... '\. l / kr and Mrs:r'WilliL.,A._.W4k _.. --••-- '.:`,..---25:47777-- 'c7-777\' ,;• ..16551.S W '&S ll.i t _ • aTM, F OANOON i1tI .. ,/O(,4 Tigard: Oret,am •97223 ' rr r `! 4 oaMrren•a wNa AND.00nw - • COW et WydwNai 1 0. Unified'Sewraga Aganoy M _ _•._ u.;r.t% •>' `w' ..f ewnst 'y . c•:1rs0: ::li at • ..: t ane • • . , A•1 , d , ;tt _BilltLorte.�4[lstag 47123 • ew• ' i ,• e ,,.shell •• • x .•MNTM•a NANa AND AMNON • SPAee.ANU.Vai ane**dui iA bootu•t asl..wp f ••l.. r IEl.r e.a,d41...Ie to rely •. . NW f''''':!.....;• r •:1 t C r'•'.•.. '''..Title r Insurance.Comm:of.Oregon__i_^ . Nawaoura.via w ay\._ , .. :. "'-r •''I. ' .:,,,,12012:8; W. Cannon Eo W1a•• \ St.."e.;,ti ,?' 1.."'''• orase.:zo ....Attah Curia'_' . • • ai .. NAIL PeMfN e1P".. 11 i Wei+iiM l.8.4. 41.Irueo k4k$SN:.t.a.hao e..a.a.. 25 _ : G,ltiiiiills'•5 s' ' '.21 n121•EVSewerrga,.hie!Cy .,r4Ji � ! ”' .• • ..t N• Piret t... ;I, b 1�1i,;� i Dow" ,. 1. l 'o t !! °is; beton 97123. _ = 1 I '• MN.L?aaMa. + a t . , 1 41'---- WASHINOTO NE1 N4 NEW N4 SEt SG Z [[ i 1 S,i t nwmm. wm — 42 41:4 --i.-"---- ----i'—'1'.— I Al h — — - -- 17- .rifiX:. Ka r n i_.. Y16. 4A; t 10/.70. 23-74 1 . u: p TGAND HIGHSCHOOL ii 14 1 FOR ADOMONAL1 I" am..a 300 �T— 11 MK i BB I fI — 300.0 I -1--_---___MSL______,1 -{b r FI m\� IBJ Ac 1 a — Y--.—..--wa. _-A "' MOD 1� ..r.. 1 400 °a' t 600 I r BK w..amw _t-.— t I PLOT DAT N FOROASSES ide ii<$ `i..—i•'ibTY. ,,... mmmo..m. • A(n.r... FOR 1 vw^-gra-r.....,...,..A .,....._......._,..J„..,.,..,.,..._,,_.. a „war. I ,.Amar M a.rte iw. avw. ammo.erw ...l .1• .. ,. \ ,,,,,o,..c.,'......+..,,,,,,, .Y. I C.wiMPr.prNAotrnM 9 ."7 $"'s P.''.”! n— 1113 rwMO wa.l�rmo.mem rr�..e :e' A v ...».+....•................w".i......... MN.mn „? C e ' C) tt i Ri 1�ti u U 18 r�.• W A V I ao+ .... ♦ma t!!.}4.!A Y.O. 1 GaAs slut sVL_Lym�a�,`�-�� Q� �«o. WAVERLY �s•:� v 2S 1 14AA N 1 \ 0I Map # : 2S114AA 00500 "This plat is for your aid in locating your land with reference to streets and other parcels. While this plat is believed to be correct,the company assumes no liability for any loss occurring by reason of reliance thereon." CHICAGO TITLE 0 . 10135 S.E. SUNNYSIDE ROAD SUITE 200 0 CLACKAMAS, OREGON 97015 i S 380.00 1 225.00 • Y F :__ — � =^ - 205.00400 :, 3.04 AC 500 $ I * .83 AC f rc A � -- - 69 1/3 RODS — 205.00 $ 600 Ci 5.39 AC * ! q ,,"'s•,„''s (4 y\ .. \.`.\, \\.'1\\\\\t\,.\\\'.\t\'\�„\\\\T\7k\\\\\\.\ \h \ t\'k\ \\\\\\`��\\.w2.` mw,\\\\\\\\\\\\ \ 0 - �'.NS' OA .aa - ' 40.RODS ' S 4-10' I IA AA Map # : 2S114AA 00500 • "This plat is for your aid in locating your land with reference to streets and other parcels. While this plat is believed to be correct,the company assumes no liability for any loss occurring by reason of reliance thereon.” 0 CHICAGO TITLE 10135 S.E. SUNNYSIDE ROAD SUITE 200 0 CLACKAMAS, OREGON 97015 Exhibit 7 - CWS Pre-Screen Letter —mob 1T2E1 Clean Water Services File Number LJUN 0 5 2012 C1eanWateee� Services l 2-001'11 sitive Area Pre-Screening Site Assessment RECEIVED By 2. Property Information(example 1S234A801400) 3. Owner Information SEP 6 2012 Tax lot ID(s). 4 d99 Name:Clean Water Services DurharCj .OF T, 25asiNAA001400 auto( 004,6-0 Company:Clean Water Ser vIcesPLANNING/FNraINEERING ((0555 Address:16060 SW 85th Site Address:46980-SW 85th City,State,Zip:Tigard,OR 97224 City,State,Zip:Tigard,OR 97224 Phone/Fax:503-681-3627 Nearest Cross Street SW Durham Rd.. E-Mail:cordonb@cleanwaterservices.org 4. Development Activity(check all the/apply) 5, Applicant information I ❑ Addition to Single Family Residence(rooms,deck,garage) Name:Evan Ramsey ❑ Lot Line Adjustment ❑ Minor Land Partition Company:SolarCity ID Residential Condominium ❑ Commercial Condominium Address:8132 NE 112th Ave ❑ Residential Subdivision ❑ Commercial Subdivision Portland,OR 97220 laSingle Lot Commercial (3Multi Lot Commercial City,State,Zip: Other Ground mounted solar electric array Phone/Fax:503-341-7694 E-Mail:eramsey@soiarclty.com 6. Will the project involve any off-site work? ❑Yes Ea No ❑Unknown Location and description of off-site work 7. Additional comments or information that may be needed to understand your project Solar array requires no excavations for foundations,similar approval given to PCC project# 11-004513 This application does NOT replace Grading and Erosion Control Permits,Connection Permits,Building Permits,Site Development Permits,DEQ 1200•C Permit or other permits as issued by the Department of Environmental Quality,Department of State Lands and/or Department of the Army COE. All required permits and approvals must be obtained and completed under applicable local,state,and federal law. By signing this form,the Owner or Owner's authorized agent or representative,acknowledges and agrees that employees of Clean Water Services have authority to enter the project site at all reasonable times for the purpose of inspecting project site conditions and gathering information related to the project site. I certify that I am famBarwith the information contained in this document,and to the best of my knowledge and belief,this Information is true,complete,and accurate. Printfiype Name Evan Ramsey Print/Type Title Commercial Project Manager Signature Date Jun 5,2012 FOR DISTRICT USE ONLY ❑ Sensitive areas potentially exist on site or within 200'of the site. THE APPLICANT MUST PERFORM A SITE ASSESSMENT PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER. if Sensitive Areas exist on the site or within 200 feet on adjacent properties,a Natural Resources Assessment Report may also be required. 13 Based on review of the submitted materials and best available information Sensitive areas do not appear to exist on site or within 200'of the site.This Sensitive Area Pre-Screening Site Assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently isoovered.This document will serve as your Service Provider letter as required by Resolution and Order 07-20, Section 3.02:1.All required permits and approvals must be obtained and completed under applicable local,State,and federal law, iti Based on review of the submitted materials and best available information the above referenced project will not significantly impact the existing or potentially sensitive area(s)found near the site.This Sensitive Area Pre-Screening SiteAssessment does NOT eliminate the need to evaluate and protect additional water quality sensitive areas if they are subsequently discovered.This document will serve as your Service Provider letter as required by Resolution and Order 07-20,Section 3.02.1.All required permits and approvals must be obtained and completed under applicable local,state and federal law. ❑This Service Provider Letter Is not valid unless CWS approved site plan(s)are attached. The proposed activity does not meet the definition of development or the lot was platted after 9/9!95 ORS 92.040(2). NO SITE ASSESSMENT OR SERVICE PROVIDE 1g ETTER IS REQ GR D. Reviewed by -.war-.war :I.-Li_0- 7 ./(1/ -4-1, Date 5 Mr 2550 SW Hillsboro Highway • Hillsboro.Oregon 97123 • Phone:(503)681-5100 • fax (503)681-4439 • vnwicleanwaterservices org I I • Exhibit 8 - Arborist Report (If fi'-44sZ;t4t RErE$ HEDGEHOG TREE CARE SEP 062012 CITY RANNING/EnniN io RANG ARBORIST REPORT DURHAM GROUND MOUNT PV SYSTEM CLEAN WATER SERVICES 16060 SW 85TH ST TIGARD, OR 97224 PREPARED FOR SOLARCITY BY JIM MEYERS HEDGEHOG TREE CARE, INC. ISA CERTIFIED ARBORIST#PN-2654A August 27'h, 2012 920 SE 69th Avenue I Portland,Oregon 97215 1503-239-1074 I www.hedgehogtree.com I ccb#175760 rs 716) : / ,76) 41‘e1)) HEDGEHOG TREE CARE This tree preservation report is provided to assist you in the construction of a solar ground mount system at Clean Water Services in Tigard, Oregon. The intent of this report is to provide the following: • A visual tree assessment for health and condition; • Recommendations and specifications regarding tree preservation during construction All trees on the site were inspected and evaluated from an above ground visual observation. No tree removal or grade change is required for the project, therefore the City of Tigard has waived the requirement that each tree be inventoried and identified. SUMMARY The site is bordered to the north and the west by a bermed area extending approximately 50 feet wide from the chain link fence surrounding the property. The berm is populated with mixed young trees and shrubs, some planted and some volunteer. The majority of the tree species are Cottonwood, Willow, Alder, Maple, and Sequoia in average health and condition. The average diameter at breast height (DBH) is 6 inches. On the south border of the site are seven 42 inch DBH mature Douglas Fir trees. They are at the base of a slope approximately 150 feet beyond the southernmost extent of the proposed solar array. The trees appear to be in average condition with normal foliage density. The proposed site plan will preserve 100 percent of the existing tree area—no trees are to be removed. PRESERVATION Having reviewed the site plan, I would recommend a tree protection fence be placed at the edge of the mulched area approximately 6 feet from the drip-line of the trees planted along the north and west bermed areas. The fence should begin at the gate to the maintenance storage building in the northeast corner and extend around the perimeter of the trees to the southwest corner of the project where the Fir trees are located. The Fir trees would require a 42 foot radius for a tree protection zone. This is well beyond the extent of the project(the Firs are 150 feet from the last array), so I would place the southwest corner of the fence 30 feet beyond the last proposed solar array and extend eastward 30 feet beyond the eastern edge of the project, and head northward tying into the existing chain link fence surrounding the headworks building. TREE PROTECTION FENCING AND CONSTRUCTION GUIDELINES Prior to the commencement of any construction related activities, root protection zones shall be fenced 920 SE 69th Avenue I Portland.Oregon 97215 1503-239-1074 I www.hedgehogtree.com I ccb#175760 r • • 7-\N. otit . r.r L HEDGEHOG TREE CARE at the recommended radius from each trunk(1 inch tree diameter= 1 foot radius), or as specified in this report. At no point shall the fencing be removed or breached without written consent from the project manager, project arborist, or city forester. The protective fencing shall consist of 6 foot orange construction fencing with anchor posts installed at no more than 10 foot intervals. Posts must be driven into the ground or placed on concrete pier blocks. Without authorization, none of the following is allowed within a root protection zone: 1. New buildings 2. Grade change or cut and fill, during or after construction 3. New impervious surfaces 4. Utility or drainage field placement 5. Staging or storage of materials and equipment during construction 6. Vehicle maneuvering during construction Vehicle access should be planned and routed as far away from trees as possible, adding mulch or plywood where needed to prevent soil compaction and prevent ruts. The protective fencing shall not be removed until the project is completely finished, and all equipment is removed from the site. Please contact me with any questions pertaining to this report at 503-239-1074 or email jmeyers@hedgehogtree.com hedgehogtree.com Sincerely, Jim Meyers ISA Certified Arborist PN-2654-A Hedgehog Tree Care, Inc. 503-239-1074 ccb#175760 920 SE 69th Avenue I Portland,Oregon 97215 I 503-239-1074 I www.hedgehogtree.com I ccb#175760 H "filf- -f--;te I l 4 HEDGEHOG TREE CARE CERTIFICATION OF PERFORMANCE I, James Meyers, certify: • That I have personally inspected the trees and property referred to in this report, and have stated my findings accordingly. The extent of the evaluation is stated in the attached report and the terms of the assignment; • That I have no current or prospective interest in the vegetation or the property that is the subject of this report and have no personal interest or bias with respect to the parties involved; • That the analysis, opinions and conclusions stated herein are my own and are based on current scientific procedures and facts; • That my analysis, opinions and conclusions were developed and this report has been prepared according to commonly accepted arboriculture practices; • That no one provided significant professional assistance to me, except as indicated within the report; • That my compensation is not contingent upon the reporting of a predetermined conclusion that favors the cause of the client or any other party nor upon the results of the assignment,the attainment of stipulated results, or the occurrence of any subsequent events. I further certify that I am an International Society of Arboriculture Certified Arborist. Signed: Date 8/27/2012 920 SE 69th Avenue I Portland,Oregon 97215 1503-239-1074 I www.hedgehogtree.com I ccb#175760 Exhibit 10 - Neighborhood Meeting Information NOTICE OF NEIGHBORHOOD MEETING July 17,2012 RE: Proposed solar array at Durham Treatment Facility Dear Interested Party: SolarCity is working with Clean Water Services' (CWS)to develop a potential solar facility at their Durham Advanced Wastewater Treatment Facility located at 16060 SW 85`h Avenue in Tigard. We are considering proposing a conditional use for this solar electric power facility at this location that would consist of photovoltaic panels mounted on a low,ground-based racking system. The facility would be owned and operated by SolarCity,on land leased from Clean Water Services. Prior to applying to the City of Tigard for the necessary land use approvals, I would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: August 2,2012 Durham Treatment Facility 16060 SW 85th Avenue Conference room near fountain 6 p.m. to 8 p.m. Please note that this will be an informational meeting on preliminary plans. We are interested in your feedback on these plans and expect to revise them prior to the submittal of the application to the city. I look forward to more specifically discussing the proposal with you. Please call me at 503 956- 5695 if you have any questions. Sincerely, Derek Cropp Commercial Project Manager, Signing Supervisor Electrician .a 1111■■■1111■••■ '1111n7/11P r1-.... 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F' '•., Subject Site °C'7•-•. ......../eej - ilk r. 1111 1 :.•...........+414.04 .••••••.•y. ►....•••• 1 • • • • ►••.•.•.•.•.•.•.., • / Property owner information IS valid _AW • • ....•..•. for 3 months from the date nnted Cr % w• X11111 1 ►.._...••s•.. • A P 111 `��r�� • this map. •ii1,1 llilittir.cM11. ill ighll ..:'-e ri Mil A - G i1lllllll1;. IIIII Him 1111 W Air41 Mao Pr.rted. 4.Ju Durham DR gm e ry e�a�nanes.rr a.m.vie o.Yben., wee,I Durham Smemes wlo.- - aty Park . Park ei ._1. ='•Jy„,,i Ri7•# MARETSNOTW*RRANTY RE RESEMATTIONORGUARANTEEASTOTHE ��fffl��flfr„� CONTENT.ACCURACY TIMELINESS OR COMPLETENESS Or ANY Or THE i, Si. . �' .. _7 DATA PROVIDED HERE IN,THE CITY OE TIOARD SHALLASSWIE NO .IPABRITY FORAM'ERRORS.OMISSIONS,OR INACCURACIES IN THE • 1 `". 4001441111 1■ INr ORMAT:ON PROVIDED REGARDLESS Or HOW CAUSED 1 44 • ' I .�+•..''.��/4,1111..�` COMMUNITY DEVELOPMENT DEPARTMENT -• I -+'+�-- �'�, ..�� i •a-, ■ •A Place to Call Home' AVEC" 11110.44♦_■ all Iy �A i City of Tigard a ae ..�/�a..� . . 13125 SW Hall Blvd 1111 FNt I �,, :- ,FF,,.�, - MA Tigard.OR 97223 / B tt, mo ,a0o .I . Ma AI 503 6394,7, III.t r I, `^ Www,tvard-or,g0Y C or ' C,, C) 4 z 0 .70 , P < r.r, • .. :c 0 , V .., —...----.0_______0___P_!...•___0.____0___0_ ..,, \s , 0 ...,.. • , 1 , ( ,, , . . i - - --...- •F. \\ccti \ \ ',,,, •1 H ::. :::: -- '... ! 1 -.F3 zt . / f. ` -4- . ..._ • „. . , 1 r;'-' 1 , .: • : 5. . .1 .._ .. 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CEN WAT1 SEANCES- DURI-Lhr g5110?“il'i 11 l' AP 1.1X I FtP -zi, 2 e oog o 1 , I I 1 : _. __'14_ . 401 38 Kw GROUND MOUNT P/SrSTEv AA F.54.Xg f.tsf N g• I wt.lFt eStRvicES OURFIAm 16060 SW 651/I SI 1 lia!=;181 iii i TIGARD,OP 97274 „ A4irri if' , r II Neighborhood Meeting on SolarCity solar project at Durham AWWTF August 2, 2012 Name Address Phone/email Add to Comment mailing list? IIKkNokc-, sw LAue , P . $27=LN2Z • ("1 ti m'Zoic;,tff X12 0,�--Us1, '4 ( �n� m ,,,huvi�( � v -L 7712 Sb-s 407 46 Z_ 14;x' r t(rc.t /Mg.+ `t� - /3e."1 ,e."a , �F: ct-4- a Sea c J/%, d j73 AFFIDAVIT OF MAILING/POSTING NEIGHBORHOOD MEETING NOTICE IMPORTANT NOTICE: THE APPLICANT IS REQUIRED TO MAIL THE CITY OF TIGARD A COPY OF THE NEIGHBORHOOD MEETING NOTICE THAT PERTAINS TO THIS AFFIDAVIT AT THE SAME TIME PROPERTY OWNERS ARE MAILED NOTICE,TO THE ADDRESS BELOW: City of Tigard Planning Division 13125 SW Hall Boulevard Tigard,OR 97223-8189 IN ADDITION,THE APPLICANT SHALL SUBMIT THIS AFFIDAVIT&COPIES OF ALL NOTICES AT THE TIME OF APPLICATION. MAILING: I,�iv'e_ L_C. Cr-0.K> ,being duly sworn,depose and say that on the VFj day of_1,,L , 20,2,I caused to ha a mailed to each of the persons on the attached km,a notice of a eetinp to discuss a propbsed development at (or near)C_lec..... ,...1 ‘.9.. ( LOUD ]`l' 1 �.\�c.�..r� 012., a copy of which notice so mailed is attached hereto and made a part of hereof. J • I further state that said notices were enclosed in enve o es plainly addressed to said perso and were deposited on the date indicated above in the United States Post Office located at 7 Mr° i . �.,f w.�no �ar�\t,. act °\" Ina % x. t with postage prepaid thereon. • D Signature (In the presence of a N toPublic) POSTING: (� I,, ,�enf Q-`- • �/"oMv_a---....,5.Ae....kkek:N :3•N.... do affirm that I am (represent) the party initiating interest in a proposed land use application for w o•A t�.,c). tt .,..k affecting the lan located at (stat the approximate location(s)IF no address(s)and all taxlot(s)currently registered) I )0( 0 7NlaD tiSt'` ,OR ? �"Z-k ,ah did on thej day of s.) ,20 t2.. personally post notice indicating that the site may be proposed for a land use application,and the time,date and place of a neighborhood meeting to discuss the proposal The sign was posted at^�\.C..t �� R ��C o� (��c�,cs. oJT' C.Jt \_`� �I• to C,4. Cc. `,lpUCi') S47 'bS \c'\r a9iK`^``.3 c rA C \--\Z ZA (State the location you posted notice on property) E.:-—..)—A-^li C Signature (In the presence of a tary Public) (THIS SECTION FOR A STATE OF OREGON,NOTARY PUBLIC TO COMPLETE/NOTARIZE) STATE OF..//C(I�� ) County of Ai )ss. Subscribed and sworn/affirmed before me on the2J day of 4 74- ,20 12_ . I Air N I ' UBLIC OF OREGON y Commission Expires:"(er I-2 i 2 12__ c\curgin\masters\neighborhtxxl meetings\affidavit of madtug-gostmg neighborhood tnecting.doc I.+ UFt SEAL THOMAS MATHTHEW NELSON [Type text] ' ^ /,j� NOTARY PUBLIC•OREGON COMMISSION NO.432947 • MY COMMISSION EXPIRES SEPTEMBER 28,2012 PRE - APPLICATION CONFERENCE NOTES Exhibit 9 - PreI Notes RE6 ti Et. SEP 062012 CITY OF TIGARD PLANNINGfENGINEERING It is SolarCity's desire to locate a solar electric power production source on Clean Water Services land that operates in parallel with the primary source of power for the facility from Portland General Electric (Article 705.1 NEC). This source will be the solar photovoltaic system as proposed in the attached preliminary draft layout.SolarCity is the owner of this personal property and is entering into an agreement to sell the power from the facility to Clean Water Services over a period of 20 years.At the end of the 20 year term we retain the right to remove the personal property unless they elect to purchase it at a fair market value at that time.We have a site license for the use of their site from Clean Water Services. jli, 11 ,,I� .'..�. :jjpiiiiwtii,4 moi1MfIi1IiIiiiiii . .. ,... p Area Notified (500 Ft) ��./VW . "'ME ..r a■■■■■■i tl/� �IIIIII ■■■■■■ /11 G�11: ♦�OWN MU. ussinimui 4 '� i1M MI11111111110 I. wir am �I"' : ,�►�`-.�• 1� �firela ,M �� 11 11111111,m ��:�s' g ii1111a. ii. SolarCity Corp.ir ��' 4. , 4,w:1 r► ::!/�1t :►� �I11=Hite•a.ai��11 111111'am ta[� %[ 4-�� X111111 �' PRE2012-00015 lollOw.. 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Mil ill Ar Vii�1110 4.62 \'' \7' �\1111,, _-_ .... �11111I111i1i, an 11 ,\ / MapPrinted 14-Jun-12 AM. iiiii \\ �\ ;: j Durham DR , Mands onto roeeebr"-e Development v \\ \ c\ es L. f Purhahr' eelY and noWes�Yereae er me Dere oR^•m \ cd Park �„"11 k as �� y Park I [/ w.� JJ,11J aalll•� DATA IS DERIVED FROM NIATIRLE SOURCES THE CITY OF tit.ARD ¢� '. ,,�m ��*. MAKES NOT WARRANTY,IN THE CITYIOR CON.OR GUARANTEE TEE AS OF TO THE V l/ CONTENT RR OCU RDCY,TIMELINESS IM THE DCOMF OARD NESS C SAN IE r THE 0 � '• _� USABILITY FOR'.IV ERRORS(MISSIONS,OR INAt':URACIES Ill THE I 4� A1,04# .•'��..�' ��,,i +. INFORMATION ARf Y OFO REGARDLE S.F Hry'C'InFO 0 I il 4111* 4. . COMMUNITY DEVELOPMENT DEPARTMENT IS +1!:` ��i _+�/�� "A Place to Call Home` /a�' . t/ "` ��-�=� `1`..�. fI f� City of Tigard �I F ffi ,..,..— l Feel i 4...'-` DIU orrp i-4 fun Or, 131gar SW Hall Blvd 1 /` a �® 700 ■ I-400 ITY Or, Tigard OR 97223 (lta�,��/ ,.�'` 503 629-4171 9't(JAW 9 • + + + + + + + + + + + + + + + &§a C sr 11.1 MOW `...'� J Y■W[ + + +;§�€ glo: + + + m illi on MI liql o. �<N. NB_.,. imavile m.NINI r NB No + 4 + 11 + + + ! I-1 Pell + + + l � iNt Y:_ ` '/ _ \, , vi.-46. ii •••,/•44. .....4-7'i-i---• .!..E Ps um • ii51, '\ . •••.,11P‘ r, to 1 rI Ji hi PO 171® r PI Viii7 ▪ 41 i it Cet,‘ ,,,' 'II On 14 i o Ali S el \ Y-'. lll"' • \\. \\ • . . • r- -- � _ ', 'r v x •• i iI 144....4.1:040771t rMt..' [ ,e__I 2. is 1.11040 04 . 1 I H : { ( • ILII11111.1I1110111111111) t ‘ /.._. , • 1,. /� '; I j lulllllL llllI1FI1111I I1I1Il _ . 0 7,/ - - 1 1 1 I 1 ` r�u .z..... .� h. I I l /�. 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R I; 7[1 , [TTUCfTR1TT1 I.I1J11111.1IIIL11111-11111.111 , ••`•_ i 1 l� It ltrtrlt III Iiilliii:iiil • tr......11llll.Nillllrtl ` . - 1 i fhTll® .\ (IIl1Tt111111'T1111T•t1I1TITT;. E1LLI1II1I11I. tllll l(llll 11 I[IlCillfllltl ‘, nT1,TL ,,,,, �,, GIIIIIIl� •'1 ��.}�Op PRCPO O NF,li ROAT ` Lg.•G.'• • j iAla{IIA01 1I I. • 'i . I r PFOPOSFO GAS ,IFAN NA ! - •I, - ° I \ L _ I I FOO,PMFNTI ! ▪ ,,,.. • PV SITE RAN I' r i I I I 3 ; I ' ..▪ _• 1 s-- ` q i i • a ! • !d _ 'R•:PGSE CdCEN F*CILI X --11”1 •II r nI 0';'..: -— PRE-APPLICATION CONFERENCE NOTES > DEVELOPMENT ENGINEERING < r i c,A K City WINK Remo Community Deviopment SfiapurpA Better Community PUBLIC FACILITIES Tax Map[sJ: 2$114M Tax Letl<s): 600 Use Type: IP The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: ® SW 85th to 32 feet from centerline of right-of-way(64 feet total ROW) ❑ SW to feet ❑ SW to feet ❑ SW to feet Street improvements: (Subject to rough proportionality) ® Half street improvements will be necessary along SW 85th St. to include: Z 18 feet of pavement from centerline to face of curb (12 foot travel lane, 6-foot bike lane) Z concrete curb ® 5.5-foot planter exclusive of curb ® storm sewers and other underground utilities ® 8-foot concrete sidewalk ® street trees ® street signs, traffic control devices, streetlights and a two-year streetlight fee. CITY SFTIGARD Pro-Appllatten Culeronce Notes Pagel of 5 uwi•w�arllknha EJ Other: Pavement tapers as needed 18.730.040 Additional Setback Requirements: This section sets requirements for additional setback distance from roadways. The minimum yard requirement shall be increased in the event a yard abuts a street having a right-of-way width less than required by its functional classification on the city's transportation plan map and, in such case, the setback shall be not less than the setback required by the zone plus one-half of the projected road width as shown on the transportation map. This would be applicable if ROW was not dedicated along 85th Avenue. The current ROW on 85th is 50 feet. Widening to the ultimate ROW of 64 feet would require 7 feet on the property frontage. Any setback shall be measured from the ultimate ROW for 85th Avenue. Agreement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s)to provide a future improvement guarantee. The City Engineer will determine the form of this guarantee. The following street improvements may be eligible for such a future improvement guarantee: (1.) SW Waverly Drive. (2.) Overhead Utility Lines: ® Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines adjacent to a development to be placed underground or, if approved by the City Engineer, a fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in-lieu is approved, it is equal to $ 35.00 per lineal foot of street frontage that contains the overhead lines. Pay fee-in-lieu of undergrounding for approximately 474 lineal feet of power line frontage along C . - . Estimated total: $35 x 474 feet= $16,590. Sanitary Sewers: A sewer is available along SW 85th Av. Water Supply: The City of Tigard provides public water service in this area. This site is already connected to water. Coordinate with the City of Tigard for information regarding adequate water supply for the proposed development. Fire Protection: Tualatin Valley Fire and Rescue District [Contact: John Wolff, 503-259-1504] provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Storm Sewer Improvements: CITY OF TIGARD Pro-Application Contemn Motes Page 2 of 5 NwlepmutfHImufl! All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed. Storm water detention is required if. Storm water detention facilities must be reviewed and approved by the city. Storm water detention calculations shall be submitted to the Development Engineer for review and approval. Storm Water Quality: Surface Water Management (SWM) regulations (CWS R&O 07-20) requires the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from impervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing an on-site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in- lieu will be offered. If the fee is allowed, it will be based upon the amount of impervious surfaces created; for every 2,640 square feet, or portion thereof. Please contact the Building Division for the current fee. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: ® Construction of an on-site water quality facility. ❑ Payment of the fee in-lieu. If the proposed improvements result in impervious surfaces, water quality treatment is required. Calculations for sizing of water quality treatment facilities must be submitted to the Development Engineer for review and approval. Water quality facilities also must be reviewed and approved by the city. Review and comply with provisions of Chapter 4 Clean Water Services Design and Construction Standards (Runoff Treatment and Control). Table 4-1 of Clean Water Services Design and Construction Standards applies(see attached table). Other Comments: Water quality and detention facility design and construction must be certified by a professional engineer as meeting Clean Water Services requirements. After completion of the construction of these facilities, the applicant shall enter into an agreement with the city on city-furnished forms for long-term maintenance of the facilities. This agreement will be recorded and city staff will be periodically inspecting the facilities for compliance with the terms of the agreement. TRANSPORTATION DEVELOPMENT TAX In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF)which was replaced in 2008 by a Transportation Development Tax (TDT) that became effective 7/1/09. The TDT program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TDT incorporates the proposed use of the land and the size of the project. The TDT is calculated, due, and payable at the time of building permit issuance. In limited circumstances payment of the TDT may be allowed to be deferred until the issuance of an occupancy permit. CITY OF TIGARD Pro-AppDcatlon Conference Motes Page 3 0l i Nwtw.nt E iVu•.d.0 Deferral of payment until occupancy is permissible only when the TDT exceeds the TDT rate for a single- family home. Pay TDT as required. PERMITS Public Facility Improvement(PFI) Permit: Any work within a public right-of-way in the City of Tigard requires a PFI permit from Development Engineering. A PFI permit application is available at the Planning/Engineering counter in the Permit Center at City Hall. For more extensive work such as street widening improvements, main utility line extensions or subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for review and approval. The PFI permit application shall include any on-site water quality and detention facilities that may be required as part of the land use approval. The Permittee will also be required to post a performance bond, or other such suitable security. Where professional engineered plans are required, the Permittee must execute a Developer/Engineer Agreement, which will obligate the design engineer to perform the primary inspection of the public improvement construction work. The PFI permit fee structure is as follows: NOTE: If an PFI Permit is required,the applicant must obtain that permit prior to release of any permits from the Building Division. A PF1 permit is required for this project. This permit must be obtained before any work begins on site. Building Division Permits: The following is a brief overview of the type of permits issued by the Building Division. For a more detailed explanation of these permits, please contact the Development Services Counter at 503-639-4171, ext. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commercial, industrial and multi-family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on-site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20%and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all work necessary for building construction, including sub-trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. CITY OF 11GARD Pre-Application Conference Notes Page 4 of 5 Isv.Masat beim ! PREPARED BY: n' 6,/7-,12, DEVELOPMENT ENGINEER DATE Phone: 1503)718-2468 Fax 1503)718-2748 Revised: March 2012 CRY NM==Prs4j lketleo Coelenoce Notes PM 5115 eeveNeeeet Winede! CITY OF TIGARD1111 PRE-APPLICATION CONFERENCE NOTES (Pre-Application Meeting Notes are Valid for Six(6)Months) TIGARD —--- ., PRE-APP.MTG.DATE: June 12,2012 STAFF AT PRE-APP.: _ ___-- _-„f. NON-RESIDENTIAL APPLICANT:SolatCity Corporation AGENT: Derek Cropp Phone:888-765-2489 Phone: 503-956-5695 PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: 16060 SW 85th Ave TAX MAP(S)/LOT#(S): 2S1 14.AA 00400&00600 NECESSARY APPLICATIONS: Conditional Use Permit to establish a Basic Utility in an I-P Zone (See 18.130.050.A&Table 18.530.1) PROPOSAL DESCRIPTION: The project would result in the construction of a solar electric power production facility. The facility would consist of photovoltaic panels mounted on a racking system. and The facility would be owned and operated by SolarCity. on land leased from Clean\Vater services. COMPREHENSIVE PLAN MAP DESIGNATION: Light Industrial ZONING MAP DESIGNATION: I-P(Industrial Park) ZONING DISTRICT HISTORY&STANDARDS(Refer to Code Sections 18.130,330.530) Front Yard Setback: 35 feet Side Yard Setback: 50 feet Rear Yard Setback: 50 feet Maximum Height: 45 feet Max.Site Coverage*: 75% Min.Landscape**: 25% * Site coverage is defined as the percent of lot area covered by the horizontal projection of any structures or buildings ** Landscaping is defined as areas primarily devoted to plantings, trees, shrubs, lawn and other organic groundcover together with natural or artificial supplements such as water courses, ponds, fountains, benches,rock or stone arrangements,pathways,sculptures,trellises,and screens. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 6 NON-Residential Application/Planning Division Section El NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout) THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INI'ERES 1'ED PARTIES,AND THE CITY OF__TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submit; g your application or the application will not be accepted. ® NARRATIVE (Refer to Code Chapter 18.390) The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. A list of applicable code sections is contained on page 4 of below. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. ® IMPACT STUDY (Refer to Code Sections 18.390.040 and 18.390.050) As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address,at a minimum, the transportation system,including bikeways, the drainage system,the parks system,the water system,the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. ® ACCESS (Refer to Chapters 18.705 and 18.765) Minimum number of accesses:L. Minimum access width:30 ft with 24 ft paved. ❑ WALKWAY REQUIREMENTS (Refer to Code Section 18.705.030) WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR EN PRANCES OR FROM THE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. ® BUFFERING AND SCREENING (Refer to Code Chapters 18.745) In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences,utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. Buffer level E will be required along the western boundary. between the proposed facility and the school. The existing berm may already satisfy this requirement. ® LANDSCAPING (Refer to Code Chapters 18.745,18.765 and 18.705) STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of-way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in CTTY OF TIGARD Pre-Application Conference Notes Page 2 of 6 NON-Residential Application/Planning Division Scctin and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms,decorative walls,and raised planters. ❑ RECYCLING (Refer to Code Chapter 18.755) Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a dear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Pride Disposal can be reached at(503) 625-6177. ❑ PARKING (Refer to Code Section 18.765.040) REQUIRED parking: A minimum of five spaces are required,and a maximum of 10 spaces are allowed at Waste- Related facilities. NO MORE THAN 50%OF REQUIRED SPACES MAY BE DESIGNA 1'ED AND/OR DIMENSIONED AS COMPACT SPACES. PARKING STALLS shall be dimensioned as follows: ► Standard parking space dimensions: 8 feet,6 inches x 18 feet,6 inches. ► Compact parking space dimensions: 7 feet,6 inches x 16 feet,6 inches. Note: Parking space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three(3)feet of the vehicle overhang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscaping for meeting the minimum percentage requirements. HANDICAPPED PARKING: ► All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED DISABLED PERSON PARKING spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions,is mandated by the Americans with Disabilities Act(ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. ► BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ® CLEAN WATER SERVICES (CWS) STANDARDS (Refer to CWS R&O 07-20/USA Regulations-Chapter 3) CWS Service Provider Letter: PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a C\VS Service Provider Letter which will outline the conditions necessary to comply with the CWS R&O 07-20 sensitive area requirements. If there are no sensitive areas,CWS must still issue a letter stating a CWS Service Provider Letter is not required. ® SIGNS (Refer to Code Chapter 18.780) SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively,a Sign Code Exception application may be filed for Director's review. • TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.790.030.0 and the "Tree Plan Requirements Handout"included in your pre-application conference packet) A TREE PLAN FOR THE PLANTING,REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot,parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. PROTECTION IS PREFERRED OVER REMOVAL WHEREVER POSSIBLE (Address all items in the City's Tree Plan Requirements Handout). TREES REMOVED WITHIN THE PERIOD OF QNE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 6 NON-Rccidential Applicaticm.'Planning Division Scctum Z CLEAR VISION AREA (Refer to Code Chapter 18.795) The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE(3)AND EIGHT(8) . FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. APPLICABLE CODE CHAPTERS ® 18.330(Conditional Use) [] 18.620(1 igaed Triangle Design Standards) 0 18.760(Nonconforming Situations) 0 18.340(director's Interpretation) ❑ 18.630(ve ashington Square Regional Center) 0 18.765 (Off-Street Parking/Loading Requirements) 0 18.350(Planned Development) 0 18.640(Durham Quarry Design Standards) 0 18.775(Sensitive Lands Review) ® 18.360(Site Development Review) ® 18.705(Access/Rgress.'Circulation) ® 18.780(Siprs) O 18.370(Variances/Adjustments) 0 18.710(Accessory Residential Units) 0 18.785(Temporary Use Permits) ❑ 18.380(Zoning\lapil'cxt Amendments) 0 18.715(Density Computations) ® 18.790(free Removal) ❑ 18.385( Miscellaneous Permits) ❑ 18.720(Design Compatibility Standards) ® 18.795(Visual Clearance Areas) ® 18.390(Decision Making Procedures;Impact ® 18.725(Environmental Performance 0 18.798(Wireless Communication Facilities) Study) Standards) 18.410(.nt Line Adjustments) ® 18.730(Exceptions To Development ® 18.810 (Street & Utility Improvement Standards) Standards) O 18.420(Land Partitions) 0 18.740(1 listotic Overlay) O 18.430(Subdivisions) [] 18.742(Home Occupation Permits) ❑ 18.510(Residential Zoning Districts) ® 18.745(Landscaping&Screening Standards) O 18.520(commercial Zoning Districts) 0 18.750 (Manufactured/Mobil I dome Regulations) ® 18.530(Industrial Zoning Districts) 0 18.755 (Mixed Solid \C asre,'Recycling Storage) CITY OF TIGARD Pre-Application Conference Notes Page 4 of 6 NON-Ito:idential Application;Planning Division Section ADDITIONAL CONCERNS OR COMMENTS: 1. The existing wastewater treatment plant is not an allowed use under existing regulations. As such, it must be demonstrated that your proposed facility is a separate and distinct land use in order to comply with the provisions of 18.760(nonconforming land uses). 2. Future site plans should provide more detail,including any landform alteration,an access and circulation plan,and all related improvements. 3. Please include typical dimensional standards for the proposed facility,including profile sections. 4. Please refer to attached comments regarding Development Engineering requirements and TDT charges. PROCEDURE Administrative Staff Review. Public hearing before the Land Use Hearings Officer _ Public hearing before the Planning Commission Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEP TED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 5:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 81/2"x 11", One.81"x 11" map of a proposed project shall be submitted for attachment to the staff report or administrative decision. Applications with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials arc required. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard City Council, A basic flow chart which illustrates the review process is available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and cons aunts affecting development of the site. BUILDING PERMITS -'i PLANS FOR BUILDING AND OTHER RELATED 'ERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN I ¢ I. Final inspection approvals by the Building Division will not be granted until there is compliance all conditions of development approval. These pre-application notes do not include comments from th Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the.structure from being constructed, as proposed. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 6 NON-Residential Application;'Planning Division Section PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: John Floyd.Associate Planner CITY OF TIGARD PLANNING DIVISION PHONE: 503-718-2429 FAX: 503-624-3681 EMAIL• johnfl@tigard-or.gov IACURPL MVohnF\Ptr Apps\U S Durham Fat*.Backgroxnd\CU%S Durham WW'TP Expansion PreApp no%r.do x fg. CITY OF TIGARD Pre-Application Conference Notes Page 6 of 6 N()N.Residential Applicatim.'Planning Division S.ct.on ADDITIONAL DOCUMENTS • ciiicArprib HEDGEHOG TREE CARE 11/15/2012 Reference: DURHAM GROUND MOUNT PV SYSTEM Location: CLEAN WATER SERVICES 16060 SW 85TH ST TIGARD, OR 97224 Client: SolarCity On 11/15/2012 I inspected the tree protection fence installed by SolarCity at the Clean Water services sight. The fence was installed correctly and meets the requirements stated in my arborist report dated 08/26/2012. I approve the tree protection installation and believe it will function to protect the existing trees on the sight as long as all construction activity remains inside the fence. Please contact me if there is a need to alter the existing layout of the fence at anytime during the project. Sincerely, Jim Meyers Hedgehog Tree Care, Inc 503-239-1074 jmeyers@hedgehogtree.com ISA Certified Arborist#PN-2654A 920 SE 69th Avenue I Portland,Oregon 97215 1503-239-1074 I www.hedgehogtree.com I ccb#175760 • 14 ii TIGARD City of Tigard September 10, 2012 Derek Cropp SolarCity Corporation 6132 NE 112th Ave. Portland, OR 97220 RE: CUP2012-00014 - SolarCity Photovoltaic Facility Dear Mr. Cropp: The City has completed its review of your September 6, 2012 application for a Conditional Use Permit at 16375 SW 85th Avenue. Our review has found it substantially complete, subject to the remaining items listed below. If you have questions or concerns about what is being requested, please do not hesitate to contact me. 1. Please provide nine (9) paper copies of the plans and narrative, and an electronic copy on CD or USB flash drive, for routing to affected departments and agencies. 2. Please provide two sets of pre-stamped envelopes, prepared according to City of Tigard standards. Please note that additional completeness items may arise following review of the requested materials. If you have any questions about this letter or your project in general, please feel free contact me anytime at (503) 718-2429 or johnfl@tigard-or.gov. Sincerely, ,,,,/, � John Floyd Associate Planner cc: Land Use File 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov • • John Floyd From: John Floyd Sent: Monday, September 10, 2012 5:20 PM To: Derek Cropp(dcropp@solarcity.com) Cc: Ben Schonberger(Ben@winterbrookplanning.com) Subject: Completeness Letter Attachments: John Floyd.vcf; CUP2012-00014 LTR 9-10-12.pdf Derek, Attached is our completeness determination. Hardcopy to follow by USPS. You're just a couple of items short. Also, if you're contemplating a gravel access drive along the east side you may want to add it in now rather than later. Give me a call when you get a chance and let's talk about it. Regards, John John Floyd slINCity of Tigard Associate Planner 1111 Community Development ty (503)718.2429 johnfl@tigard-or,gov 13125 SW Hall Blvd. T Tigard,OR 97223 1 • • Land Use Application COMPLETENESS REVIEW REQUEST TIGARD TO: Greb Berry RETURN TO: John Floyd DATE SENT: September 10, 2012 REPLY REQUESTED BY: September 17, 2012 PROJECT NAME: SolarCity Facility CASE NUMBER: CUP2012-00014 PROJECT ADDRESS: Durham Wastewater Treatment Plant PROJECT DESCRIPTION: 1,700 solar panels with no public facility improvements Project Planner Notes: This needs to be expedited per agreements with CWS—rough proportionality suggests no public improvements are needed. Complete? 'EYes to No Comments below or ❑ See Attached �w is\curpin\masters\completeness review request.docx