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City Council Packet - 08/27/1990TIGARD!CITY COUNCIL BUSINESS MEETING AUGUST 27, 1390 5:3Q3 PIIA TIGARD`'CIVIC CENTER 13125 SIN HALL BLVD TIGARD, OREGON 97223 STUDY SESSION (5:30 p.m.) A G E N® A CITY OF TIGARD OREGON PUBLIC NOTICE. Anyone wishing to speak on an agenda Item should sign on the appropriate sign-up sheet(s). If no sheet Is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the Clty Administrator. Discussion with Dick Townsend of League of Oregon Cities 1. BUSINESS MEETING (7:30 p.m.) 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes: July 16, 1990 3.2 Approve Reappointments to Boards and Committees - Resolution No. 90- 3.3 Local Contract Review Board: a. Authorize City Administrator to Enter into an Agreement with METRO for a Tigard Area Database - Resolution No. 90-~ b. Authorize City Administrator to Sign a Contract for Right-of-Way Services for Greenburg Road Project c. Authorize Intergovernmental Agreement with Washington County Consolidated Communications Agency - Resolution No. 90- 3.4 Call for a Public Hearing on October 8, 1990, to Consider vacation of a Portion of S.W. 74th Avenue - Resolution No. 90- S COUNCIL AGENDA -AUGUST 27, 1990 -PAGE 1 4. PUBLIC HEARING: A HEARING TO RECEIVE PUBLIC INPUT AND THE PLANNING COMMISSION'S RECOMMENDATION REGARDING COMPREHENSIVE PLAN AND COMMUNITY DEVELOPMENT CODE REVISIONS The City Council has reviewed its Comprehensive Plan and Community Development Code against periodic review factors as required in OAR 660.19. Proposed amendments were identified to bring Tiigard's Comprehensive Plan and Development Code into compliance with state statutes and present circumstances. Amendments proposed at this time pertain to wetlands, residential care facilities, manufactured and mobile homes and mobile home park notification. In addition, a discussion of solar access and a review of the model ordinance is necessary to full fulfill a periodic review requirement. • Public Hearing Opened • Declarations or Challenges • Summation by Community Development Staff • NPO and/or CPO Testimony • Public Testimony • Recommendation by Community Development Staff • Council Questions or Comments • Public Hearing Closed • Consideration by Council: Ordinance No. 90--i 5. PUBLIC HEARING -ZONE ORDINANCE AMENDMENT; ZOA 90-0002 -ORDINANCE NO. 90- Consideration of a proposed ordinance which would amend the Community Development Code to allow larger above-ground fuel storage tanks in industrial zones and residential zones for home-heating oil or propane. • Public Hearing Opened • Declarations or Challenges • Summation by Community Development Staff • NPO and/or CPO Testimony • Public Testimony • Recommendation by Community Development Staff • Council Questions or Comments Public Hearing Closed • Consideration by Council: Ordinance No. 90-- 6. CONSIDERATION OF INITIATION OF MAP AMENDMENTS TO THE TIGARD COMPREHENSIVE TRANSPORTATION PLAN -Resolution Nos. 90-5,2,90-5 , 90-50. and 90- (Hwy 99W/Tigard Street Loop; Tigard Burnham Connection; Refined Alignment of Collector Streets Between Gaarde/121st & Walnut/135th; Ash Avenue) Community Development Staff Report 7. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 8. ADJOURNMENT cca827 COUNCIL AGENDA -AUGUST 27, 1990 -PAGE 2 COUNCIL AGENDA ITEM NO. T I G A R D C I T Y C O U N C I L MEETING MINUTES - AUGUST 27, 1990 1. ROLL CALL: Present: Council President Valerie Johnson; Councilors Carolyn Eadon, Joe Kasten, and John Schwartz. Staff Present: Ed Murphy, Community Development Director; John Acker, Assistant Planner; Ron Bunch, Senior Planner; Laura Freeman, GIS Technician; Tim Ramis, City Attorney; Wayne Lowry, Finance Officer (present for Executive Session only); Janice Deardorff (present for Executive Session only). s EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 5:41 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. Open Session Reconvened: 6:55 p.m. 2. STUDY SESSION: • League of Oregon Cities (LOC) Discussion Dick Townsend of LOC was present to discuss with council the benefits of city membership to the League. League membership dues are based on population size; Tigard's dues are about $9,000 per year. Major service areas of the League include: - State Legislative Affairs: Representation at Legislative Sessions (lobbyists/city representatives) - Policy Development: A means for member cities to identify and study common concerns and problems. (committee process) - Intergovernmental Relations: Monitoring of state agency rule adoption - Federal Relations: Monitoring of Federal impacts including shift from commitment for municipal assistance (in conjunction with the National League of Cities) - Training and Development (compliance with new laws, workshops for city officials) - Annual Conference (training programs, information on current issues) CITY COUNCIL MEETING MINUTES - AUGUST 27, 1990 - PAGE 1 Research and Technical Assistance: Inquiry service; y ordinance services; city administrator recruitment; legal advocacy; publications; field visits; group purchase of citations; youth and government; statewide associations; energy program. Employee benefits service: Pooled rates which are negotiated annually (Mr. Townsend advised savings to Tigard pay for annual League dues). City/County Insurance Services: Insurance and risk management services Council President Johnson advised Mr. Townsend that the Council would be discussing continued membership in the near future. Y Review of Agenda Items: - Comprehensive Plan Periodic Review: Five elements were presented for Council consideration: 1) Wetlands, 2) Residential Care; Manufactured Dwellings; Mobile Home Park Notice; 5) Solar Access - Geographic Information Systems: Consent Agenda Item requested Council approval of Tigard/Metro Database Agreement. Staff advised this agreement would save considerable time and money in the development of a parcel-level data base. After discussion, council consensus was to remove this item from the Consent Agenda to allow more time for review of the agreement; Council will consider on the September 10 Consent Agenda. Review of S.W. North Dakota Traffic Issues: City Engineer submitted two options for extending traffic islands on North Dakota Street with the goal of reducing traffic speeds. Option 1 would extend the extruded cubs and rock backfill of the existing, temporary islands (Cost: $25,000). Option 2 would be to cut the existing pavement, install pavement standard curbs for islands and backfill with material suitable for landscaping (Cost: With landscaping $80,000; without landscaping $65,000). A number of the residents were present who asked to comment on the proposals. Council decided to ask for comments during the Visitor's Agenda and then place the topic on Non-Agenda for further Council discussion. 3. VISITOR'S AGENDA: CITY COUNCIL MEETING MINUTES - AUGUST 27, 1990 - PAGE 2 • The following individuals testified on the traffic issues on S.W. North Dakota Street: Jane Hunt, Mariann Bither, and Kathy Gibbs. Issues included: - Phase II development is reported to be imminent which will further impact the problems with volume of traffic on S.W. North Dakota. Concerns over ability to require developer to assist with mitigation efforts were expressed. City Engineer reported he had talked to developer concerning the alternate route suggested by the neighborhood and proposed by a consultant (Carl Springer). The developer indicated to the City Engineer he would not consider Mr. Springer's proposal when submitting his plat. City Engineer outlined process: a. Preapplication conference with developer. b. Development proposal submittal - Review by Planning commission and opportunity for neighborhood input (public testimony). - NPO process has not been effective for residents. Council requested staff forward membership list to Jane Hunt along with meeting schedule. Concerns with options proposed with regard to accessibility to resident's driveways because of continuous island. - Circular islands at intersections were suggested. Residents' desires are to slow traffic and to send message to motorists that this is a residential street. 4. CONSENT AGENDA: Motion by Councilor Eadon, seconded by Councilor Kasten, to approve the consent Agenda with Item .3A removed for consideration at a future date: 4.1 Approve City Council Minutes: July 16, 1990 4.2 Approve Reappointments to Boards and Committees--Resolution No. 90-53 4.3 Local Contract Review Board: a. Authorize City Administrator to Enter into an Agreement with METRO for a Tigard Area Database - Resolution No. 90- Removed from Consent Agenda - Set over to the 9/10/90 Consent Agenda b. Authorize City Administrator to Sign a Contract for Right-of-Way Services for Greenburg Road Project c. Authorize Intergovernmental Agreement with Washington County Consolidated Communications Agency - Resolution No. 90-54 t CITY COUNCIL MEETING MINUTES - AUGUST 27, 1990 - PAGE 3 4.4 Call for a Public Hearing on October 8, 1990, to Consider Vacation of a Portion of S.W. 74th Avenue - Resolution No. 90-55 The motion was approved by a unanimous vote of Council present. 5. NON AGENDA: a. S.W. North Dakota: There was lengthy discussion on issues brought out during the Visitor's Agenda. Points considered were street closure; efforts to slow traffic; status of street on the Transportation Map; and impending development of Phase II. Motion by Councilor Schwartz, seconded by Councilor Kasten, to direct staff to meet again with the Anton Park neighbors to attempt a negotiated solution to the transportation issues in this neighborhood. The motion carried by a majority vote, 3 - 1 (Councilor Johnson voted "No.") Staff was asked to have a report back to Council within 60 days. 6. PUBLIC HEARING: A HEARING TO RECEIVE PUBLIC INPUT AND THE PLANNING COMMISSION'S RECOMMENDATION REGARDING COMPREHENSIVE PLAN AND COMMUNITY DEVELOPMENT CODE REVISIONS The City Council has reviewed its Comprehensive Plan and Community Development Code against periodic review factors as required in OAR 660.19. Proposed amendments were identified to bring Tigard's Comprehensive Plan and Development Code into compliance with state statutes and present circumstances. Amendments proposed at this time pertain to wetlands, residential care facilities, manufactured and mobile homes and mobile home park notification. In addition, a discussion of solar access and a review of the model ordinance is necessary to full fulfill a periodic review requirement. a. Public hearing opened. Councilor Johnson advised on process of public hearing. b. Declarations or challenges: None. C. Summation by Community Development Staff: Community Development Director reviewed that issues before Council included Community Development code provisions for wetlands, residential care facilities, manufactured dwellings, mobile home park notice and solar access. d. Wetlands: CITY COUNCIL MEETING MINUTES - AUGUST 27, 1990 - PAGE 4 Senior Planner Bunch reviewed the staff report on the proposed amendments for wetland provisions: The last legislature authorized changes concerning wetland regulations; such action was intended to simplify current wetland regulations throughout the state. The Federal Army Corps of Engineers, Environmental Protection Agency, the Oregon Division of State Lands, and local government agencies all are concerned with wetland areas. The proposed action before Council would adopt the legislation designed to minimize conflict among the jurisdictions. The City of Tigard ordinance would acknowledge the state and federal agencies as the primary permitting agencies. Senior Planner Bunch presented language suggested by Councilor Schwartz. This language was intended to make sure that wetlands really exist on a site before a permit process is started and states: "If uncertainty exists in regards to the location or configuration of wetland areas, staff shall make an on- site inspection prior to an application being initiated to determine the nature and extent of the resource. If necessary, assistance from state and federal agencies shall be sought to provide the applicant additional information." Public Testimony - Wetlands o John W. Broome, Wetlands Conservancy, P. O. box 1195, Tualatin, Oregon raised concerns about buffering. He noted the importance of providing an area of transition between wetlands and other uses and advised 25 feet would be an absolute minimum with 40 feet being most desirable. Mr. Broome commented on the importance of wetlands and advised of the value of open space in terms of quality of life as well as adding to the resale value of property within the vicinity of a wetland area. • Douglas Pollock, 218 Franklin Street, Astoria, Oregon 97103 asked how wetland area would be determined. For example, he questioned if the developer or City would have to hire a consultant to make a final determination of wetland areas. There was lengthy discussion on this issue. Community Development Director advised no process on wetland determination had been worked out. He added that it would most likely be the responsibility of the developer r' L CITY COUNCIL MEETING MINUTES - AUGUST 27, 1990 - PAGE 5 (applicant) to perform the necessary biologist/ geologist testing for determination of wetland area. Councilor Schwartz referred to the language (see comments above) he proposed for insertion with regard to the preapplication conference with staff. If all parties agree about location of wetlands, it was expected that no testing would be necessary. a Carl Johnson, 8973 S.W. Burnham, Tigard, Oregon testified with regard to concerns on floodplain. He advised he questioned the requirement of donation of land for the building of a bicycle pathway or other constraints limiting the use of floodplain property. He referred to a Supreme Court Case (Nolan) ruling concerning the unconstitutionality of the taking of land in certain instances. Discussion followed; City Attorney advised his office would be willing to talk to Mr. Johnson and/or his Counsel on this issue further. • Mary Skelton, 10355 S.W. Walnut, Tigard, Oregon, described the configuration of her property and noted there has been a change in the floodplain area. She said area has developed with no provisions concerning drainage and how it would affect existing floodplain. She raised concerns over protection of wetland areas. Discussion followed. Community Development Director acknowledged that Ms. Skelton's concerns were important and the care of wetlands should be considered. Councilor Johnson advised Ms. Skelton on the Surface Water Management issues which are region wide. Councilor Schwartz gave a brief update on the efforts in the Tualatin Valley Basin and the Surface Water Management Program. Council Discussion on Wetlands: There was discussion on process. Council consensus was that additional information on the buffering issue would be necessary prior to a final determination on the proposed amendment. Further, it was the consensus of Council to include the language sponsored by Councilor Schwartz concerning the preapplication phase and the determination of wetland area. e. Manufactured Dwellings Senior Planner Liden advised the new proposed Exhibit A to the draft ordinance would provide consistency with State law and address concerns expressed about placement of manufactured homes on individual lots. CITY COUNCIL MEETING MINUTES - AUGUST 27, 1990 - PAGE 6 Public testimony - Manufactured Dwellings • Martha Bishop, 10590 S.W. Cook Lane, Tigard, Oregon, read a prepared statement into the record concerning a "Needs" analysis for siting of manufactured housing. (Mrs. Bishop's statement has been filed with the meeting material.) Senior Planner Liden advised that a Needs Analysis would be necessary if the city was proposing restricting the placement of mobile homes in certain zoning districts. City Attorney also advised on the requirements surrounding a "Needs Assessment." There was discussion on Conditions, Covenants, and Restrictions (CC & R's) and whether or not the City would enforce them. City Attorney advised CC & R's would not be enforced by cities and referred to case law which supported this statement. Mrs. Bishop noted concerns over NPO #3 and appointment of new members. She advised of quorum difficulties in recent weeks. Staff will contact Mrs. Bishop regarding her concerns. Council discussed the standards proposed for mobile homes. Among the changes was the proposal that the slope of the roof be not less than 3:121. f. Solar Access Senior Planner Liden reviewed the staff report on solar access and the proposed model ordinance. Public Testimony - Solar Access: e Dave Yaden, Oregon Department of Energy, 625 Marion, N.E., Salem, Oregon 97310 reviewed the importance or preserving solar access. Mr. Yaden testified within the context of energy conservation and renewable energy resources. He urged the Council to consider the model ordinance favorably saying that solar energy is cheap, reliable, simple, proven and flexible. e Forrest Soth, President of Beaverton City Council and Chair of the Portland-Vancouver Metropolitan Solar Access Project was accompanied by Mike McKeever of McKeever/Morris Consultants. Mr. Soth advised of the local government participation in solar access preservation. Twenty-two local jurisdictions have agreed on the model ordinance provisions. Mr. Soth advised of CITY COUNCIL MEETING MINUTES - AUGUST 27, 1990 - PAGE 7 h.~ his support of preserving solar access as an investment in the future. He cautioned of lost opportunity if building orientation was not considered at the outset of development projects. In addition, the Homebuilders Association supports the solar access model ordinance. Council President Johnson advised there would be no final decision on this issue made at this meeting. Council meeting recessed: 10:10 p.m. Council meeting reconvened: 10:20 p.m. Council Discussion - Solar Access There was lengthy discussion on whether or not to pursue a solar access ordinance. Council consensus was to keep the record open and receive information from Mr. Mike McKeever on the merits of solar access and consider a model ordinance or elements of the proposed ordinance at a later date. g. Residential Care Senior Planner Bunch presented the staff report on the proposed recommendations. The Community Development Code E definitions are proposed to be amended to be consistent with those of the State. Council President Johnson noted concerns about the definitions as presented in the proposed ordinance. She did not want the City to be placed in the position of regulating residential care facilities. Senior Planner Liden elaborated on the intent of the staff's proposal. He advised the City would not regulate the use; rather, the definitions were included so that terms were consistent with the State's definition. For example, if there was an application for a children's daycare facility within a certain zone, then the City of Tigard's definition would be the same as the State's definition. City Attorney advised he would work with staff to clarify wording and suggested one alternative would be to simply list the items the City would not regulate and those which would be regulated by the State. A new draft will be prepared for Council consideration at a future date. h. Mobile Home Park Notice CITY COUNCIL MEETING MINUTES - AUGUST 27, 1990 - PAGE 8 Senior Planner Liden reviewed staff report. The proposed revision would comply with State requirements for notification of tenants of a mobile home park when there is a proposed zone change for that park. i. Review of Council Conclusions by Community Development Director: • Recommendation of adoption of Mobile Home Park Notice language as presented. • Recommendation of adoption of Manufactured Dwelling language with the following changes: 1. Adopt errata which defines mobile homes, manufactured homes and trailer homes. 2.Adopt language which says the pitch of roof for a manufactured home should be not less than 3:12' pitch. 3.Strike the word "color" in Criteria No. 4. • Residential Care Facility language to be revised and presented to Council at a future date. • Wetland language to be reviewed. Staff will coordinate with Wetlands Conservancy on buffering issue. Revised language to be presented to Council at a future date. • Solar Access additional information to be prepared for Council review. Whether or not to adopt all or portions of the Model Ordinance will be considered by Council at a future date. Consideration of Ordinance: ORDINANCE NO. 90-24 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE ZONE ORDINANCE AMENDMENTS AND COMPREHENSIVE PLAN AMENDMENTS FOR PERIODIC REVIEW. Motion by Councilor Kasten, seconded by Councilor Eadon, to adopt Ordinance No. 90-24 with the amended Exhibit A; further the council directs that Sections 2, 3 and 4 be struck from the ordinance and Sections 5, 6, and 7 would be adopted. Discussion on motion: Councilor Eadon received clarification that the errata sheet as presented by staff on manufactured housing was approved; the pitch to roof (3:121) was added, and the reference to color selection would be struck. ` CITY COUNCIL MEETING MINUTES - AUGUST 27, 1990 - PAGE 9 3 Y S i S The motion passed by a unanimous vote of Council present. The public hearing was continued to a date uncertain. 7. PUBLIC HEARING - ZONE ORDINANCE AMENDMENT: ZOA 90-0002 Consideration of a proposed ordinance which would amend the Community Development Code to allow larger above-ground fuel storage tanks in industrial zones and residential zones for home-heating oil or propane. a. Public hearing was opened. b. There were no declarations or challenges. C. Senior Planner Liden presented the staff report. Mr. Gene Burchill of the Tualatin Valley Fire and Rescue District was present for possible questions. There was brief discussion and note of support for the proposed ordinance. d. There was no public testimony. e. Public hearing was closed. f. ORDINANCE NO. 90-25 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE ORDINANCE AMENDMENT (ZOA 90- 0002) INITIATED BY THE CITY OF TIGARD g. Motion by Councilor Eadon, seconded by Councilor Kasten, to adopt Ordinance No. 90-25. The motion was approved by a unanimous vote of Council present. 8. CONSIDERATION OF INITIATION OF MAP AMENDMENTS TO THE TIGARD COMPREHENSIVE TRANSPORTATION PLAN: Council reviewed and acted as follows on the following resolutions: a. RESOLUTION NO. 90-56 A RESOLUTION TO INITIATE AN AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN TRANSPORTATION MAP TO ADD A "LOOP" FROM HIGHWAY 99W TO TIGARD STREET. Motion by Councilor Schwartz, seconded by Councilor Kasten to adopt Resolution No. 90-56. The motion was approved by a unanimous vote of Council present. b. RESOLUTION NO. 90-57 A RESOLUTION TO INITIATE AN AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN TRANSPORTATION MAP TO DELETE THE TIGARD/BURNHAM STREET CONNECTION CITY COUNCIL MEETING MINUTES - AUGUST 27, 1990 - PAGE 10 Motion by Councilor Schwartz, seconded by Councilor Kasten, to adopt Resolution No. 90-57. The motion was adopted by a unanimous vote of Council present. C. RESOLUTION NO. 90-58 A RESOLUTION TO INITIATE AN AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN TRANSPORTATION MAP TO DELETE THE EXTENSION OF ASH AVENUE FROM BURNHAM TO WALNUT AND HIGHWAY 99w AND FROM HUNZIKER AND HALL STREETS AND EXTEND ASH AVENUE FROM BURNHAM TO HILL STREET. Motion by Councilor Schwartz, seconded by Councilor Kasten, to adopt Resolution No. 90-58. d. The proposed resolution for refined alignment of collector streets between Gaarde/121st & Walnut/135th will not be considered at this time. Staff will calendar again in approximately two months. 9. ADJOURNMENT: 11:26 p.m. Catherine Wheatley, City Rec der ATTEST: Ge-ld R. Ed*ard/s, Mayor Date: ccm827 CITY COUNCIL MEETING MINUTES - AUGUST 27, 1990 - PAGE 11 f n to t0 n I ~ 00 J Z 9 WI k+t~Ute O to 0 D o Z Q 00 ® m (D m co U ^ r 9 y v 0 ` cc w d p ~~yy 2 ~ W 13 13 o - Q p ~ die O d co O 6i®iI o _j x z m ~ ~ m D 8 CL O co 'J 0 o u a M N 'O n rO I*l Ol M d1 •r= M S.- F- M O N 4- o X -v m°O0) r O •r V a F- 6 6 6 6 Z O H Q U J a O m H Z 0 Q Z LL Oco Q Q W W3 OLL LL 0 O~ 1-- Z p ~U Of ' O m m •D c 'y r r O rL c W e Cj c 0) > ^ clJ (n m L y N U a: O > > C a m ~ m co ~o - c 3 _ ~r m O C wF- O XO cis W m c N rLU+ C m =C: C co e . 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O m a M F- t/ Ow y c c rn ^`t O mvV O Yi~E Z O O L C71 M r- 'b M N Q 'O (G W t L M n ~ Z CF G y~G1 U mo O W co Na, rj==*0 s c O O LL ZS O C m_m c 3 r- 03 S- LL 0 w + 3: cm: cc LLJ to oa `F' Q c nT o OO'C O U. p`Q1OO O m cara LL O «OWOV O > 41' 0) m v Q •m .r C] •r h p o o) W r U UO_F- WZ 3r c m N Q~ m m o m e C O G 0 rn rn C O m 0 0 CL o Z m r m V\ E ` O . 1 O .Q 0 e o O O O o > co U U. i-. CITY OF TIGARD, ORDGON AFFIDAVIT OF POSTING In the Matter of the Proposed vrdC Itc oCe Afos. qo - aL4 J Div- a s STATE OF ORDGON ) County of Washington ) ss City of Tigard ) I, begin first duly sworn, on oath, depose and say. That I posted in the following Public and conspicuous places, a copy of ordinance Number (s) - a 4 q0 -Qt;- which were adopted at the council meeting dated _8 0--? l0 copy(s) of said ordinance(S) be' hereto attached and by reference made a part hereof, on the _ date of l i 1990. 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 2. US National'Bank, Corner of Main and Scoffins, Tigard, Oregon 3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. Albertson's Store, corner of pacific Hwy. ( State Hwy. 99) and SW Durham Road, Tigard, Oregon Subscribed and sworn to before me this - date of , 19a. Notary Public for Oregon,/ My Commission Expires: ke/CWPOST C CITY OF TIGARD, OREGON ORDINANCE NO. 90-c2~ AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE ORDINANCE AMENDMENTS AND COMPREHENSIVE PLAN AMENDMENTS FOR PERIODIC REVIEW. WHEREAS, the City has conducted a review of its Comprehensive Plan and land use regulations as required by OAR 660-19; and WHEREAS, the periodic review final order contains findings pertaining to the status of the comprehensive plan and land use ordinance as related to current statutes and circumstances; and WHEREAS, in order to bring the Comprehensive Plan and Community Development Code into compliance with state statutes and community circumstances it is necessary to amend certain sections of the plan and code; and WHEREAS, the Tigard Planning commission recommends adoption of amendments identified as exhibits "A" through "F"; and WHEREAS, the City Council finds that amendments are necessary to bring the Comprehensive Plan and Community Development Code into compliance with state statutes and current circumstances NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: 191 Chapter 18.26 of the Tigard Municipal code shall be amended as shown in exh+b1 --4&" ~~1 5 { I~h ~e 2 d. P j(i n i j, IMS cc m o~vtd e -Seet&ep-fie Chapter 18.42 of the Tigard Municipal Code shall be amended as shown in exhibit "B". : Chapters 18.46, 18.48, 18.50, 18.52, 18.54, 18.56, 18.58, 18.60, 18.62, 18.64, 18.66, 18.68 and 18.142 of the Community Development Code shall be amended as shown in exhibit "C". Section-4: Chapter 18.84 of the Tigard Municipal Code shall be amended as shown in exhibit "D". Section 5: Chapter 18.94 of the Tigard Municipal Code shall be amended as shown in exhibit "E". Section 6: Chapter 18.32 of the Tigard Municipal Code shall be amended as shown in exhibit "F". Section 7: In all exhibits added portions are underlined deleted portions are in [brackets). ORDINANCE No. 90-,7 Page 1 ~ G'-~~- CvLCnci 1 Gc~►~n 81a~l~rv PASSED: By (I j1(A R't WIUTAS vote of all Council me Mere present afte being read by number and ti a only, thisa ~ day of alllCis therine Wheatley City Record r APPROVED: This c !t+, day of,44-tefuz 1988. Approved as to form: Ci y Attorney 91a-? /moto Date ORDINANCE No. 90-P Page 2 G d vOed 91a -~1 ceo 'EXHIBIT 66A" 18.26.030 Meaning of Specific Words and Terms (to be inserted in alphabetical order) "Manufactured home[s]" - [a factory-fabricated transportable building designed to meet the Uniform Building Code to be used by itself or incorporated with similar structures or units at a building site as a dwelling unit. The term is intended to apply to major assemblies and does not include buildings constructed at a site from prefabricated panels, trusses and other prefabricated supplements.] a structure constructed for movement on the public highways that has sleeping, cooking and plumbina facilities that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with federal manufactured housing construction and safety standards regulations in effect at the time of construction. "Mobile home" - [a structure transportable in one or more sections, each built on a permanent chassis, which is designed to be used for permanent occupancy as a dwelling and which is constructed on a site other than its place of permanent use.] a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities that is intended for human occupancy that is being used for residential purposes and that was constructed between January 1 1962 and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction. "Residential trailer" - a structure contructed for movement on the public highways that has sleeping cooking and plumbing facilities that is intended for human occupancy, that is being used for residential purposes and that was constructed before January 1 1962 "Wetland" - lands transitional between terrestrial and aquatic systems where the water table is usually at or near (within 24 inches of) the surface, or the land is covered by shallow water. for purposes of this classification, wetlands must have one or all of the following three attributes] often called swamp, marsh, or boa, that exhibits all of the following characteristics: A. [At least periodically the land supports predominantly hydrophytesl] The land supports hydrophytic vegetation. This occurs when more than 50 percent of the dominant plant species from all strata are classified as wetland species; B. [The substrate is predominantly hydric2 soil]The land has hvdric soils. Hydric soils are soils that are saturated flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part of the soil profile; C. [The substrate is non-soil3 and is saturated with water or covered by shallow water at some time during the growing of each year] The land has wetland hydrology. Wetland hydrology is permanent or periodic inundation,_ or soil saturation for a significant period (at least one week) during the growing season. The technical basis for defining where wetlands are located can be found in the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands-. An-area of privately owned land which otherwise satisfies the definition of a wetland is not defined as a wetland if it was created by human activity after October 11, 1984 as part of an approved development Project This exclusion does not apply to wetland mitigation areas. 1Hydrophytes - a plant growing in water or soil too water logged for most plants to survive. A list of hydrophytes is maintained in the community Development files.) [2Hydric - containing acid hydrogen.] 13Non-Soil - lacking the qualities of soil - not firm, unable to sustain plant life.) Chapter 18.94 MANUFACTURED/MOBILE HOME REGULATIONS Sections: 18.94.010 Purpose 18.94.020 Mobile Home Subdivision Standards 18.94.030 Manufactured/Mobile Home Park Standards 18.94.040 Manufactured Homes on Individual Building Lots 18.94.050 Nonconforming Mobile Homes 18.94.010 Purpose A. The purpose of this chapter is to establish criteria for the placement of manufactured/mobile homes in mobile home subdivisions and park developments and manufactured homes [and] on individual building lots within the city of Tigard. (ord. 89-06; Ord. 85-15) 18.94.020 Mobile Home Subdivision Standards A. In addition to the standards of the zoning district in which the project is located and other standards of this title, a mobile home subdivision proposal shall: 1. Comply with all applicable state standards and other City l standards for the subdivision (See Chapter 18.160); 2. Satisfy all the standards of the applicable zoning district, and the provisions of Chapter 18.92; and 3. Be limited to manufactured/mobile home housing types. All other types of residential units shall not be permitted. (Ord. 89-06; Ord. 83-52) 18.94.030 Manufactured/Mobile Home Park Standards A. The design of the proposed manufactured/mobile home park shall be submitted to the Planning Division for review in accordance with Chapter 18.120, Site Development Review, and Chapter 18.130, Conditional Use, where applicable. B. The design for the manufactured/mobile home park shall conform to all applicable state standards established by the State of Oregon, Department of Commerce mobile home park standards. C. The manufactured/mobile home park shall: 1. Have a minimum lot gross area of one acre; 2. Have a minimum frontage of 100 feet; Page 1 3. Have a minimum depth of 150 feet; 4. Have a front and rear yard setback of 25 feet; 5. Have a side yard setback of 10 feet, except on a corner lot the side yards shall be 25 feet; 6. Have a minimum of 60 square feet of outdoor recreation area, suitably improved for recreational use, provided for each unit exclusive of required yards. Each recreation area shall have a minimum size of 2,500 square feet; 7. Have landscaping equivalent to 20 percent of the 4 manufactured/mobile home park area; and 8. Be partially screened from the public right-of-way and adjacent residential areas by a combination of a sight obscuring fence, 'vegetation, berm, or any combination of the above as approved by the approval authority, except that within the required front yard, any fence shall not exceed three feet in height. D. Evidence shall be provided that the park will be eligible for a certificate of sanitation required by state law. E. Each site shall be adequately serviced by public facilities such as water supply, sewers, sidewalks, and improved streets. F. Each unit shall be provided with a water, sewer, and electrical connection. The electrical connection shall provide for 110 and 220 volt service. G. No manufactured/mobile home, accessory building, or other structure shall be closer than 10 feet from another mobile home, accessory building, or other structure. H. No structure shall exceed 25 feet in height. I. Each manufactured/mobile home placed in a manufactured/mobile home park or subdivision shall be inspected by the Building official and shall meet the following standards: 1. A state insignia indicating compliance with Oregon State Mobile Home Construction Standards in effect at the time of manufacture and including compliance for reconstruction of equipment installation made after manufacture shall be displayed on each manufactured/mobile home; 2. Each manufactured/mobile home shall be in good repair, notwithstanding deterioration which may have occurred due to misuse, neglect, accident, or other cause; Page 2 3. Each manufactured/mobile home shall contain a water closet, lavatory, shower or tub, and a sink in a kitchen or other food preparation space; and 4. Each manufactured/mobile home shall be installed under the provisions of the administrative rules adopted by the Director of Commerce and administered by the State Building Code Division. J. Each vehicular way in a manufactured/mobile home park shall be named and marked with signs which are similar in appearance to those used to identify public streets, and: 1. A map of the named vehicular ways shall be provided to the applicable fire district, the Police Department, and the Public Works Division. K. If a manufactured mobile home space or permanent structure in the park is more than 500 feet from a public fire hydrant, the park shall provide: 1. Water supply lines designed with fire hydrants which shall. be provided within 500 feet of such space or structure; and 2. Each hydrant within the park shall be located on a vehicular way and shall conform in design and capacity to City and the applicable water district standards. L. Each manufactured/mobile home in a manufactured/mobile home park or subdivision shall have a continuous perimeter skirting installed pursuant to state regulations, which shall be of the same material and finish as the exterior of the manufactured/mobile home. M. The wheels, tongue, and traveling lights of each manufactured/ mobile home in a manufactured bile home park or subdivision shall be removed upon installation of unit. N. There shall be no outdoor storage of furniture, tools, equipment, building materials, or supplies belonging to the occupants or management of the park. 0. Accessways or driveways shall be lighted in accordance with City standards. P. Primary access to the manufactured/mobile home park shall be from a public street and shall be in accordance with Chapter 18.108, Access, Egress, and Circulation, and: 1. Where necessary, additional street right-of-way shall be dedicated to the city to maintain adequate traffic circulation; Page 3 2. Access driveways connecting unite to a public street shall have a width of not less than 36 feet, of which not less than 20 feet shall be paved; and 3. Driveways shall be designed to provide for all maneuvering and parking of units without encroaching on a public street. Q. The maximum number of manufactured/mobile homes in the park or subdivision shall not exceed the amount calculated in Chapter 18.92. R. Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/ bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. (Ord. 89-06; Ord. 87-66; Ord. 84-61; Ord. 84-29; Ord. 83-52) 18.94.040 manufactured Homes on Individual Building Lots A. The establishment, location, and use of manufactured homes as scattered site residences shall be permitted [in the absence of covenants, conditions and restrictions] in any zone permitting installation of a dwelling unit subject to requirements and limitations applying generally to such residential uses in the district, and provided such homes shall meet the following requirements and limitations: [1. The home shall meet all requirements applicable to single-family dwellings and possess all necessary improvement, location, building, and occupancy permits and other certifications required by the title;] [2. The home shall be larger than 950 square feet of occupied space or meet the minimum square footage requirements for the appropriate zone;] [3. All manufactured homes to be placed or substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and shall be securely anchored to an adequately anchored foundation system in accordance with the regulations adopted by the Oregon Department of Commerce, and with the manufacturer's installation specifications;] [4. The home shall be covered with an exterior material customarily used on site built residential dwellings, and such material shall extend over the top of the foundation (or meet the community's site built residential home standards); and] Page 4 [5. The homes shall have a roof composed of a material customarily used on site built residential dwellings such as asbestos, fiberglass, shake, asphalt, or tile, which shall be installed onto a surface appropriately pitched for the materials used. (Ord. 89-06; Ord. 87-32; Ord. 85-15)] 1. The manufactured home shall be multisectional and enclose a space of not less than 1,000 square feet; 21 The manufactured home shall be placed on an excavated and back filled foundation and enclosed at the perimeter such that the finished first floor of the manufactured home is located not more than 12 inches above grade. 31 The manufactured home shall be securely anchored to the foundation system in accordance with the requirements of the State Building Codes Agency for Manufactured Structures 31 The manufactured home shall have a pitched roof with a alone of 3 feet in height for each 12 feet in width 4. The manufactured home shall have exterior siding and roofing which in -ee+e_, material, and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings ~~,y10►~ within the city as determined by the Building Division This requirement shall not be interpreted to mean that the City is responsible for enforcing codes, covenants and restrictions of any olO~~~ U homeowner's or other association. 5. The manufactured home shall have a garage or carport constructed of like materials. An attached or detached garage may be required in lieu of a carport where a garage is consistent with the predominant construction of immediately surrounding dwellings (Ord. 89-06, Ord.87-32, Ord. 85-15) 18.94.050 Nonconforming Mobile Homes A. Mobile home parks existing at the adoption of the ordinance codified in this title not meeting the standards set forth in this title shall be considered nonconforming and are subject to the standards set forth in Subsection 18.132.040.B. [B. Nonconforming mobile homes in such parks may be replaced with like mobile homes that meet the standards of Section 18.94.030 when they are moved or destroyed. (Ord. 89-06; Ord. 85-15)] B. When nonconforming mobile homes in such parks are moved or destroyed they may be replaced with mobile homes that meet the standards of Section 18.94.030. (Ord. 89-06. Ord 85-15) \ Page 5 KMIBIT 18.32.130 Notice of Hearinas Officer Commission and City Council Proceedings A. Notice of an impending action pursuant to Subsections 18.32.090.B, C, and D shall be given by the Director in the following manner: 1. At least 10 days prior to the scheduled hearing date, notice shall be sent by mail to: a. The applicant and all owners or contract purchasers of record of the property which is the subject of the application; b. All property owners of record within 250 feet of the property for the following types of applications: (i) Subdivisions; (ii) Sign Code Exceptions; (iii) Administrative Sign Variances; (iv) Sensitive Lands Permits (100-year floodplain); (v) Conditional Use Permits; and (vi) Planned Developments; (vii) Comprehensive Plan Amendments; (viii) Zone Changes; (ix) Zone Ordinance Amendments; C. Any affected governmental agency which has entered into an intergovernmental agreement with the City which includes provision for such notice; d. The affected neighborhood planning organization, if active; e. Any person who requests, in writing, and pays a fee established by the Council; and f. The appellant and all parties to an appeal or petition for review; and 2. Notice of a hearing on a Proposed zone change for a mobile home park shall be given to tenants of that mobile home park at least 20 days but no more than 40 davs prior to the hearing; and [2)3. The Director shall cause an affidavit of mailing of notice to be filed and made a part of the administrative record. B. At least 10 days prior to the hearing, notice shall be given in a newspaper of general circulation in the City. An affidavit of publication shall be made part of the administrative record. (Ord. 89- 06; Ord. 83-52) CITY OF TIGARDI OREGON ORDINANCE NO. 90- ~?5 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE ORDINANCE AMENDMENT (ZOA 90-0002) INITIATED BY THE CITY OF TIGARD. WHEREAS, the City of Tigard initiated the review of Chapter 18.108 of the Community Development Coderegarding above ground fuel tanks; and WHEREAS, the City solicited comments from the Tualatin Valley Fire and Rescue and Beaverton Fire Department; and WHEREAS, the City of Tigard Planning Commission at a public hearing on August 7, 1990 reviewed the proposed amendment and recommended approval; and WHEREAS, the Tigard City Council held a public hearing on the proposed changes on August 27, 1990 to review the Planning commission recommendations as well as public testimony. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Community Development Code is amended as shown in Exhibit "A" with the deleted language in [brackets] and the new language underlined. SECTION 2: This ordinance shall be effective on and after the 31st day after its passage by Council, and approval by the Mayor. 7 PASSED: By U n d 1/n UL(S vote of all Council~Anembers present after being read by number and title only, this r7~-day of August, 1990. Catherine Wheatley, City Record r 7 ~~1 APPROVED: This 22~ day of.August, 1990. ~'r' C o, Ilk I Ger d R. Edwards, VMa Approved as to form: City Attorney Vo-)IqU Date 1 ZOA90-02.ORD/kl ORDINANCE NO. PAGE 1 EXHIBIT A Chatter 18.104 FUEL TANK INSTALLATIONS Sections- 18.104.010 Purpose 18.104.020 Definitions 18.104.030 Applicability of Provisions 18.104.040 Requirements 18.104.010 Purpose A. the purpose of these regulations is to guide the installation of stationary fuel tanks within the City limits in residential, =mriercial and dial zones. (Ord. 89-06; Ord. 86-08) 18.104.020 Definitions A. "Container" - any 60 ggllon or less Capacity can, bucket, barrel, drum, or portable tank (except stationary tanks), tank vehicle[s], or [and] tank can[s] used for transporting or storing flammable or combustible I B. "Fuel" - Petroleum gas (LPG and propane)[Kerosene or - any - hydrocarbon ~i liquefied petroleum gas confo~n3 to nationally r recognized edstaroil lardsor . Hydrocarbon oils shall have a flashpoint of not less than 100° Fahrenheit.] C. "Tank" - a vessel containing more than 60 U.S. gallons. (Ord. 89-06; Ord. 86-08) 18.104.030 licahilif-u of Provisions A. The provisions of this chapter shall apply to all new and existing development in all zoning districts. These provisions shall not apply to nonstationary fuel containers. (Ord. 89-06; Ord. 86-08) 18.104 040 Requirements A. All stationary containers, tanks, equipment, and apparatus used or intended to be used for the storage, handling, use, or sale of flammable or combustible liquids or fuels shall be of an approved type as per the Uniform Fire Code. B. Small tanks of 300 gallons or less or containers with capacities of 60 ( U.S. gallons or less; used or intended to be used for the above-ground storage of residential or home heating fuels (combustible liguids- Class II and III and liquified petroleum gas) are permitted in all districts when they conform to the standards and requiremmts of the Uniform Fire Code and local fire district requirements. C. Installation of all fuel tanks with capacities greater than 60 U.S. gallons for the storage of flammable liquids (Class I) shall be prohibited above-ground in -all commercial and residential zoni_W districts. D. [D.] E. Specific concerns of tank placement on a site with respect to topographical conditions, barricades, walls, building exits, proximity to buildings or adjacent properties, tank construction, and storage permits for Class I, II and III liquids shall be addressed prior to the time of Building Code permit approval and site clevelcpment review (where applicable), and shall conform to all requirements of the Uniform Fire Lode and the applicable fire district. [E.] F. All undergmund fuel tank and aboveground stationary fuel storage containers may be installed in all districts provided: 1. All fuel tank installations must be reviewed and approved by the F, Building Official; and i 2. Application for the necessary permits from the City Building Official shall be acccupanied by a signed, approved document frcm the applicable fire district. (Ord. 89-06; Ord. 86-08) nm/jdo18104 is.uuv gallons aggregate in total volume Fuel tanks shall be related to and clearly incidental to an amroved use of the site DATE 8/27/90 I wish to testify before the Tigard City Council on the following item: (Please print the information) PERSONS WILL BE ALLOWED 10 MINUTES FOR PRESENTATIONS. Item Description: AG MA ITEM NO. 4 PUBLIC HEARING - TO RECEIVE INPUT & PLANNING COMMISSION RECOMMENDATION - COMPREHENSIVE PLAN & COMMUNITY CODE REVISIONS Proponent (For Issue) Opponent (Against Issue) Name, Address and Affiliation Name, Address and Affiliation rte` povg / C Fl'\ D C)n r SrQtft)t\- - O'Rftl (Zi (jam DATE 8/27/90 I wish to testify before the Tigard City Council on the following item: (Please print the information) PERSONS WILL BE ALLOWED 10 MINUTES FOR PRESENTATIONS. Item Description: AGENDA ITEM NO. 5 PUBLIC EF.ARM - ZONE ORDINANCE AHM2MMU: ZOA 90-0002 Proponent (For Issue) Name, Address and Affiliation Opponent (Against Issue) Name, Address and Affiliation /ea's /Lj f- August 27, 1990 ESTIMATED COST OF EXTENDING TRAFFIC ISLANDS IN ANTON PARR SUBDIVISION Proiect• 5~~~ S~essiw1 - In July, the Council requested staff to develop a proposal for extending the traffic islands on North Dakota Street in Anton Park Subdivision. The goal was to reduce traffic speeds. If the islands are extended, it is proposed that the islands would extend from Springwood Drive to 121st Avenue. The islands would be continuous except for breaks at side street intersections. In addition, it is proposed that a continuous white edge stripe be painted on the pavement on each side of North Dakota Street to define a shoulder. The shoulder stripe would further restrict the apparent traffic lane width, encouraging slower traffic speeds. In addition, the shoulder area would provide a refuge for bicycles and, on one side of the street, an area for parking. Attached is a sketch showing the proposed configuration of lanes and islands. tf Option #1• The existing temporary islands were constructed of extruded curbs cemented to the existing asphalt pavement. Crushed rock fill was placed in the areas between the curbs. Option #1 would be to extend the extruded curbs and crushed rock backfill. These islands are not suitable for landscaping. The extruded curbs would require occasional maintenance, as they do break up under severe traffic impacts. The estimated cost is $25,000. Option #2• Option #2 would be to cut the existing pavement, install permanent standard curbs for the islands, and backfill with material suitable for landscaping. Without landscaping, the estimated cost is $65,000. If landscaping and irrigation is included, the estimated cost is $80,000. rw/ant-isl i • fi. i IN M ti• . Y a ♦y. • 1 y~ s 0 Q Q. 0 C ~9P/avys Par/y/ 'Pl ys I:Q n Q COUNCIL AGENDA ITEM NO. 3,0-. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 27. 1990 ISSUE/AGENDA TITLE: Reavnointmenta_ DEPT HEAD OX CITY ADMIN OR DATE SUBMITTED: August 18, 1990 PREVIOUS ACTION:None PREPARED BY: Elizabeth Ann Newton REQUESTED BY: Mayor -__x--------------------- =xc===xx==x=x==x==xs=a===s=x===xx======x=x==m=x==x==a=c========x=====__=====c== INFORMATION SUMMARY Attached is a resolution which, if adopted, would approve the reappointment of individuals. to the Budget Committee, the Library Board, and the Planning Commission. ALTERNATIVES CONSIDERED C 1. Adopt the proposed resolution. 2. Deny action at this time. FISCAL IMPACT SUGGESTED ACTION Adopt the attached resolution on the consent agenda. COUNCIL AGENDA ITEM NO. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY LOCAL CONTRACT REVIEW BOARD t AGENDA OF: A_uoust 27. 1990 DATE SUBMITTED: ISSUE/AGENDA TITLE: Authorize PREVIOUS ACTION: for Greenbur d. project % /r PREPARED BY; City Engineer DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Authorization of a professional services contract for right-of-way acquisition services for the Greenburg Road project. INFORMATION SUMMARY On the various street bond projects, the firm of Right of Way Associates have been providing services for the negotiation of all needed right of way and easements. The firm works with property owners to negotiate a purchase agreement. They also assure that all of the necessary legal steps and paperwork are completed. The process of using an independent firm for the negotiations works well and assures that experienced personnel will complete these complex procedures without unnecessarily burdening the City Attorney's office. Most of the projects have involved acquisitions on only a small number of properties. The costs of right-of-way services have been rather small on each project and have not required review by the Local Contract Review Board. Originally, it was thought that the Greenburg Road project would also involve only a few parcels. However, now that design is completed, we find that right of way or easements must be obtained from 76 properties. This large number is due to the need for utility easements and for additional right of way for bus turnouts. The costs related to bus turnouts will be paid by Tri-Met under the agreement previously approved by Council. Due to the increased scope of the Greenburg project, staff requested Right of Way Associates to submit a formal proposal for services on the project. They propose to furnish all necessary services at an hourly rate of $50, not to exceed a total fee of $35,000. Staff feels that the proposal is reasonable and appropriate. Further, staff feels that Right of Way Associates is the best firm to complete this work due to their previous experience with City bond projects and their satisfactory past performance for the City and for the City Attorney's office. ALTERNATIVES CONSIDERED 1. Authorize a contract with Right of Way Associates. 2. Negotiate a contract with another firm. 3. Have staff and City Attorney provide these services as time permits. FISCAL IMPACT All costs under this contract will be funded from the street bond and Tri-Met. Tri-Met will pay approximately 208 of the costs. SUGGESTED ACTION That the Local Contract Review Board, by motion, authorize the City Administrator to sign a contract with Right of Way Services as described above. rw/s-gr-row i COUNCIL AGENDA ITEM NO.i1 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: AuCFUSt 27, 1990 DATE SUBMITTED: August 16, 1990 ISSUE/AGENDA TITLE: Intergovernmental PREVIOUS ACTION: Previous discussions REPARED BY: R. GoodDaster REQUESTED BY: R. Goodpaster INFORMATION SUMMARY We have been working cooperatively with WCCCA over the past year to receive our police dispatching services from them on a contract basis. The intergovernmental agreement is the framework for the contract, and the elements of the IGA are what we've discussed on numerous occasions. The passage of the county-wide emergency communications levy was the last remaining action prior to this request being made. ALTERNATIVES CONSIDERED 1. Retain emergency police dispatching. 2. Sign agreement and contract emergency police dispatch services from WCCCA. FISCAL IMPACT Service enhancements, costs savings, faster emergency services response, and better coordination between emergency services providers. The contract cost after transition later this year is estimated at 86,000 and costs for FY 91/92 of 175,000. It will also result in the laying off of 7 full-time dispatchers and 3 part-time dispatchers. To maintain 24-hour records service we will be hiring an additional 4 clerks. SUGGESTED ACTION Sign Intergovernmental Agreement and Resolution. Should the Council sign the attached Intergovernmental Agreement and contract emergency police dispatching services from Washington County Consolidated Communications Agency (WCCCA). COUNCIL AGENDA ITEM NO. 3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 08/27/90 DATE SUBMITTED: 07/18/90 ISSUE/AGENDA TITLE: Vacation of SW PREVIOUS ACTION: Fox Street Vacation 74th Ave. south of SW Cherry Dr,. just south of the vacation under 1,4 consideration, aA»roved in 1986. PREPARED BY: Vi Goodwin DEPT BEAD OK CITY ADMIN OK REQUESTED BY: Wayne and Joyce Jolly Should the City vacate an undeveloped portion of the SW 74th Avenue right-of- way located south of SW Cherry Drive that appears to no longer serve any public purpose? INFORMATION SUMMARY Wayne and Joyce Jolly are :requesting the City initiate vacation proceedings for an unimproved portion of SW 74th Avenue which adjoins their property. They are requesting the vacation because this portion of 74th Avenue will not be used to provide access through the residential district in which they reside from the industrial property located to the south. The industrial properties to the south have access from either Tech Center Drive or SW 72nd Avenue. Neither will the right-of-way be used to provide access to abutting residential properties. The residential properties have adequate access to SW Cherry Street. The City's Field Operations Division has commented that it will be necessary to create an easement for sanitary and storm sewer lines and manholes located in the portion of SW 74th Avenue proposed to be vacated. The previous "Fox Street" Vacation (approved in 1986) permitted an approximate 2941 square foot area to be vacated immediately south of the subject area. Attached are a resolution, a vicinity map (Exhibit A) showing the portion of SW 74th Avenue to be vacated, and a legal description (EXHIBIT B) prepared by the Engineering Division. ALTERNATIVES CONSIDERED 1. Approve the attached resolution calling for a public hearing on October 8, 1990. 2. Take no action at this time. FISCAL IMPACT All fees and staff costs will be paid by Wayne and Joyce Jolly. SUGGESTED ACTION Approve the attached resolution. COUNCIL AGENDA ITEM NO. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 27, 1990 DATE SUBMITTED: August 15, 1990 ISSUE/AGENDA TITLE: Periodic Review PREVIOUS ACTION: None PREPARED BY: John Acker DEPT HEAD OK CITY ADMIN OK REQUESTED BY: POLICY ISSUE Should the City make comprehensive plan and community development code revisions called for in the findings and conclusions of the proposed periodic review order? Further, should the City Council direct staff to draft a solar access ordinance for further review and adoption? INFORMATION SUMMARY The City has reviewed its Comprehensive Plan and Community Development Code against periodic review factors as required in OAR 660.19. The amendments proposed now are a portion of those that were identified as necessary to bring Tigard•s Comprehensive Plan and Community Development Code into compliance with state statutes and present circumstances. Amendments proposed at this time pertain to wetlands, residential care facilities, manufactured and mobile homes, and mobile home park notification. In addition, a discussion of solar access and a review of the model ordinance is necessary to fulfill a periodic review requirement. Staff can prepare a solar access ordinance for future review and adoption Other amendments required by periodic review such as a public facilities plan as well as the periodic review final order will be submitted at a later date. ALTERNATIVES CONSIDERED 1. Adopt Community Development Code and Comprehensive Plan amendments as submitted. 2. Adopt the proposed Community Development Code and Comprehensive Plan amendments with revisions. 3. Do not adopt the proposed Community Development Code and Comprehensive Plan amendments and direct staff to revise the periodic review final order directed. 4. Direct staff to prepare a solar access ordinance to be considered for adoption. FISCAL IMPACT None SUGGESTED ACTION 1. Adopt the proposed revisions. 2. Direct staff to prepare a solar access ordinance . r MEMORANDUM TO: Mayor Edwards and Members of the City Council FROM: Ed Murphy, Community Development Director DATE: August 16, 1990 RE: Periodic Review/Code and Plan Amendments During Planning Commission meetings of July 23 and August 7, the staff has presented a number of proposed Comprehensive Plan and Community Development Code amendments that are necessary as part of the Periodic Review requirements of LCDC or are desired by the City to improve the Plan and the Code. For the August 27th agenda, the following amendments are proposed for Council consideration to satisfy a portion of the City's Periodic Review obligations: 1. Goal 5 - Wetlands The wetlands inventory and related Code provisions are inadequate and need revision to meet the intent of the state goal and to better serve the City. A complete inventory of wetland areas in the City has been provided by a consultant which clearly identifies all wetlands, as defined by State and Federal guidelines. In addition, the Sensitive Lands section of the code should be amended to clarify procedural requirements. Amendments: Chapter 18.84 Sensitive Lands - EXHIBIT "D" o Specifies that wetlands within the jurisdiction of federal, state of regional agencies (Corps, DSL) will be subject to standards of those agencies. (page 3) o Better identifies what constitutes a wetland (page 8) o Sets criteria for wetland development in those few areas that are not within the jurisdiction of wetland j regulatory agencies (page 12) o Housekeeping changes Chapter 18.26 Definitions - EXHIBIT "A" o The Definition is made more specific to criteria used by regulatory agencies to identify wetlands 2. Residential Care Facilities ~a The Community Development Code definitions are proposed to be amended to be consistent with those of the State. i Amendments: Chapter 18.42 Use Classifications - EXHIBIT "B" y. o Definitions for group care type facilities have been revised to be consistent with those used by the state. 0 Chapter 18.46 - 18.68 and 18.142 - EXHIBIT "C" I f o zoning chapters are revised to be consistent with the new i definitions r 3. Manufactured and Mobile Homes The Code chapter which applies to this topic is proposed for amendment to be consistent with State law and to address concerns expressed regarding the placement of manufactured on individual lots. Amendments: Chapter 18.94 Manufactured/Mobile Home Regulations - EXHIBIT "E" o Mobile home park standards are extended to include ( manufactured homes(pages 1-4) o Standards for siting a manufactured home on and individual lot are revised (pages 4-5) Chapter 18.26 Definitions - EXHIBIT "A" o Definitions for manufactured home and mobile home are revised to conform with definitions used by the state Chapter 18.42 Use Classifications - EXHIBIT "B" o Mobile home and manufactured home use classifications are deleted 4. Procedural Code Amendments Statutory changes require that our notification procedures for proposed zone changes of mobile home parks be changed for tenants of that park. Amendments: Chapter 18.32 Procedures for Decision Making - EXHIBIT "F" o Revision to comply with state requirements for notification of tenants of a mobile home park when there is a proposed zone change for that park l S. Solar Access Ordinance The City participated in the Portland-Vancouver Metropolitan Solar Access Project and the Periodic Review order from LCDC requires that the City hold public hearings to consider adoption of the model ordinance. The proposed ordinance and the solar access principles will be presented and Mike McKeever, manager of the project, will be on hand to answer any questions. Staff will return at a later date with a specific proposal as directed by City Council. Informational Material : Follows Code and Plan revisions Other Plan and Code amendments required by periodic review as well as the periodic review final order will be submitted for City Council consideration a later date. C__ MEMORANDUM TO: Mayor Edwards and Members of the City Council FROM: Ed Murphy, Community Development Director RE: Solar Access Code Amendment DATE: August 14, 1990 Purpose of the Hearing A hearing to consider a model solar access ordinance is required by Periodic review. The purpose of this segment of the agenda is to review the model Solar Access Ordinance and determine whether all or a portion of the ordinance should be considered for adoption as part of the Community Development Code. If the Council elects to consider adoption, the staff will prepare the appropriate ordinance for review at a future hearing. Packet Contents The attached packet includes the following: 1. "Sunlines", First Quarter, 1988 which contains an excellent summary of the three major components of the model Solar Access ordinance for 1) new residential subdivisions (New Development), 2) single family construction on existing lots (Solar Balance Point Standard), and 3) protection of solar access from future tree shade (Solar Access Permit). 2. "Sunlines", First Quarter, 1990 which features several articles regarding the current status of the Portland-Vancouver Metropolitan Area Solar Access Project as well as a few recommended amendments to fine tune the original model ordinance. 3. Solar Subdivision Re-design Case Studies which evaluate nine subdivision plats and illustrate how the solar access ordinance can be met with little difficulty and a negligible impact upon development costs. 4. The Solar Access ordinance a. Solar Access Ordinance for New Development b. Solar Balance Point Ordinance C. Solar Access Permit Ordinance d. Solar Access Ordinance Definitions and Illustrations 5. A letter presented to the Planning Commission from Charles Hales of the Home Builders Association of Metropolitan Portland. 6. A letter from Linda Davis, Director of the Department of Planning and Building, regarding the City of Beaverton•s experience with implementation of the solar Access Ordinance. Recommendation On July 24, 1990, the Planning Commission received a presentation regarding the model ordinance and the associated design principles. A public hearing was held on August 7, 1990 and the Commission voted unanimously to recommend adoption of the ordinance. The staff recommends adoption of the model ordinance as chapter 18.88 of the Community Development Code. If approved by the Council, the staff will prepare an ordinance with minor revisions so that it corresponds with the format of the Community Development Code. The positive recommendation by the Commission and the staff is supported by two major considerations: 1. Consistency with the Tigard Comprehensive Plan The Plan contains two policies that support the use of energy conservation techniques, including solar energy. Policy 9.1.1 THE CITY SHALL ENCOURAGE A REDUCTION IN ENERGY CONSUMPTION BY INCREASED OPPORTUNITIES FOR ENERGY CONSERVATION AND THE PRODUCTION OF ENERGY FROM ALTERNATIVE SOURCES. . Policy 9.1.3 THE CITY SHALL ENCOURAGE LAND USE DEVELOPMENT WHICH EMPHASIZES SOUND ENERGY CONSERVATION, DESIGN AND CONSTRUCTION. The Implementation Strategies 1, 4, 5, and 6 which support these policies elaborate upon possible methods for implementation. 1. The City shall encourage public and private programs that offer weatherization and energy conservation programs, e.g. tax credits, low-interest loans, etc.. 4. The City shall, in the Tigard Community Development Code, allow for more flexibility in structure siting to provide for maximum solar exposure. 5. The city shall review the feasibility of implementing a solar access ordinance and wind generation provisions. 6. The City shall cooperate with both public and private agencies that make use of site development and architectural techniques using natural elements for heating and cooling in all developments. Polices 2.1.1 and 6.2.1 are also relevant in the evaluation of the proposed solar access ordinance. Policy 2.1.1 THE CITY SHALL MAINTAIN AN ONGOING CITIZEN INVOLVEMENT C. PROGRAM AND SHALL ASSURE THAT CITIZENS WILL BE PROVIDED AN OPPORTUNITY TO BE INVOLVED IN ALL PHASES OF THE PLANNING PROCESS. The model solar access ordinance was presented to the Neighborhood Planning Organizations (NPO) two years ago soon after the project commenced. A presentation was made to a joint meeting of all the NPOs on July 18, 1990 which included the rationale behind the ordinance, the regulatory provisions, and the public hearing schedule before the Planning Commission and the City Council. Although the general response has been positive, formal comments have not been received from the NPOs. Policy 6.2.1 THE CITY SHALL DEVELOP CLEAR AND CONCISE DEVELOPMENT REGULATIONS AND STANDARDS TO FACILITATE THE STREAMLINING OF DEVELOPMENT PROPOSALS, AND WILL ELIMINATE UNNECESSARY PROVISIONS WHICH COULD INCREASE HOUSING COSTS WITHOUT CORRESPONDING BENEFIT. The solar access ordinance package represents new Community Development Code provisions that have been thoroughly critiqued by local government officials, development industry representatives, and the public. The model ordinance has been endorsed by the Home Builders Association of Metropolitan Portland, the League of Oregon Cities, the Oregon chapters of the American Institute of Architects and the American Society of Landscape Architects, the Solar Energy Association of Oregon, and the Oregon Remodelers Association. in addition, the ordinance has been in effect for as long as two years in several Portland area communities and it has been found to operate efficiently for the administering governments and developers as verified by the letters from the Home Builders and the City of Beaverton. Studies related to the implementation of the ordinance have shown that a minimal amount of time is necessary for administration and that additional costs for design and public improvements have been negligible. As illustrated by the nine subdivision examples in the packet, a departure from customary subdivision designs is not necessary to provide solar access to residences. Proper solar orientation of conventional homes without solar devices has been proven to result in significant cost savings for the life of the structure and that those savings increase with the use of solar equipment or design. 2. Consistency with State and Regional Energy Policy The Oregon Department of Energy and the Northwest Power Planning Council have identified the importance of creating low-cost and environmentally sound sources of energy. The proposed ordinance is consistent with this strategy by siting conventional homes to take advantage of proper solar orientation and the subsequent reduction in energy demand for heating and cooling. In addition, proper siting of residences allows present and future options for the efficient use of solar devices such as additional south-facing glass or hot water heaters. 8-27-90.CCJkl 1 COMMITTEE RELEASES DRAFT SOLAR ACCESS RECOMMEW DATIONS Three draft solar access protection ordinances have been prepared by the project's Ordinance Committee for public review and comment. The pro- visions provide comprehensive pro- tection for both new and existing resi- dences in the metro area. A New Development Standard maxi- mizes solar access in new residential subdivisions and PUD's by requiring that 80% of all lots have proper solar orientation. A Solar Balance Point Standard minimizes build- ing-to-building shade and limits a new building from casting shade greater than IT to 20' high at the northern lot line depending on the north-south lot dimension. The stan- dard also provides a calculation that encourages siting the proposed structure with its south windows in the sun. The third ordinance, called a Solar Access Permit, provid :s existing single-family residences protection against shade from future non-solar friendly trees on adjoining properties within 159. The details and illustrations of each ordinance are discussed below. SOLAR ACCESS STANDARD FOR NEW DEVELOPMENT The purpose of the new development standard is to design lots so that nomes will be oriented to maximize solar access and minimize shade on adjoining properties. The standard would apply to applications for a subdivision or planned unit develop- ment in all urban single family residential zones and single family developments in other zones. cowbu ed on page 2- PRE-TEST UNDERWAY: STEERING COMMITTEE SETS JANUARY 28 MEETIN( FOR FINAL ACTION ON ORDINANCES A pre-test of the draft solar access ordinances began in late November with twelve of the participating local governments. The pre-test, which is designed to identify any modifica- tions to the ordinances which are necessary, will end in early January. Participating governments include: Washington County, Beaverton, Tigard, Lake Oswego, Clackamas County, West Linn, Wilsonville, Gresham, Troutdale, Scappoose, Vancouver and Clark County. The Steering Committee has scheduled its regular meeting on January 28 to take final action on the proposed solar access ordinances developed by the project's Ordinance Committee. The Steering Commit- tee will adopt final changes to the ordinances and decide whether to recommend implementing the ordi- nances as development regulations or through a voluntary program. The meeting will begin at 4:00 p.m. at BPA headquarters, 1500 NE Irving, Room 444 East. Local governments are scheduling public hearings to consider the Steering Committee's recommenda- tions beginning in February, 1988. The public hearings process is expected to last through May, 1988. THIS ISSUE OF SUNLINES This issue of Sunlines describes the three solar access ordinances which have been prepared by the Portland- Vancouver Metropolitan Area Solar Access Project's Ordinance Commit- tee. Summaries of two important project research products are also provided. The fast, prepared by the project's Research Committee, estimates the economic benefits of providing solar access protection in the metropolitan area. The second, pre- pared by the Ordinance Committee in draft form, estimates the costs of im- plementing the solar access ordinances it has developed. Now is the time to provide comments to the project on the proposed recommendations. If you would like copies of the ordinances or research reports complete the form on the back page of this newsletter and mail it to the address on the form. 22 GOVERNMENTS PARTICIPATE IN SOUR ACCESS PROJECT Mdwaukie. llcavcrum, Cornelius, Forest Gmve. Tigard, Gresham, Fai-k-. Troutdale. Vaneouver, Clark County. Cladcasnas County. Canby. Happy Valley. L-ke Oswego, Portland, Washington County, Oregon City. Wen Lasso, Wilsonville, St Helens, Scappoose and Multrumnah Co. 2 Sunlines, First Quarter, 1988 From-, Durham, Chairnian, Steering Committee, and City Councilor, Lake Oswego Beginning in February, 1988, planning commissioners and elected officials from the twenty-two.-local governments participating in the Portland-Vancouver Metropolitan Area Solar Access Project will deliberate.on whether.or not their committees should adopt the model solar. access ordinances developed by the Project Before the local'detno- cratic process begins, I believe it is valuable; to reflect on 'Communication,. understanding and consensus have 411 e- progress which .we have made.togther ' doting the paSCyear Representatives from22 govern- become the hallmarks of this public-private partnership. ten . ts - large and small, cities and counties;' in Washington and Oregon - have succeeded in working together to develop a solar access land use program that will work for all, The home buildug. industry has Wodi:ed with.the local governments 5rde:by side. day in and day out fri)m the fir.-,t [tav of ttiP nmif+rt rinmm-;P tine •r. iP.r~o. i:::. i f' officrals.thoughout the.rr NEW DEVELOPMENT &-timmd front page Lot Design Standard The Ordinance requires that eighty (80) percent of the lots in a proposed development comply with one of the follow- ing three solar design options: 1. Basic Requirement: The lot depth must be at least 130 feet measured north to south. The front lot line must be oriented within 30 degrees of a true east-west axis (see figure 1 on page 2); or .2. Solar Building Line Option: The developer must designate a precise location on each lot where sun will be protected. This option adds design flexibility to the standard. The protected solar building line must be designated on the plat and be oriented within 30 degrees of a true east-west axis (see figure 2 on page 3); or 3. Performance Option: At least eighty (80) percent of the south wall or glass area of habit- able Structures must be protected from future shade by develop- ment or non-solar friendly trees and the long axis of habitable structures must be within thirty (30) degrees of a true east-west reen built and I amj of 7- -Siting of Structures and Trees The solar lot design standard will provide proper solar orientation for lots and homes. The recommenda- tions also include a method to provide legal protection from building and tree shade as develop- 'inent occurs on each lot. The pro- posed standard would permit 12 feet of shade from buildings or non-solar friendly trees at the north property line between 10:30 a.m. and 1:30 pm. January 21 (see Figure 4 on page 4). This will result in a shadow 25 feet into a lot with a north-south depth of 100 feet. Adjustments to the standard are made when a protected solar building line is used. This shade standard would protect Project has much to accomplish' this planning commissions and elected ippoct the.work of this project south wall passive solar uses as well as future rooftop uses. Development on all lots meeting the 80% solar design standard, or any lot which might shade one of these lots, must meet the shade standard. The proposed standard preserves and guarantees construction of at least a two story (30') home on every lot. Exemptions from the Design Standard An entire development, or portion of the development, shall be exempted from the solar design standard for the following reasons: 1. Slopes over 20% in the north, west or east direction; or Figure 1 SOLAR LOT OPTION 1: BASIC REQUIREMENTS t N Minimum of 100' north-south lot dimension required C C1, Front lot line is within 30 degrees of an east-west axis I cm H. Figure 2 SOLAR LOT OPTION 2: PROTECTED SOLAR BUILDING LINE Protected Solar Building Line within 30 degrees of east-west axi t At least 70' between solar building line and middle of lot to the south. This w ensure ability to build two story house. , (continued from page 2-) 2. Off-site shade, from existing or allowed permanent off-site features which precludes solar uses; or 3. On-site shade. The applicant documents existing trees and agrees to preserve most of the trees after develop- ment occurs. Adjustments to Design Standard The jurisdiction shall reduce the percent of lots that must comply with the solar design standard below the 80% standard to the minimum extent necessary if the applicant has shown one or more of the following conditions exist: 1. Meeting the standard would result either in reduced density or significant infrastructure cost ir- creases. Development constraints which have been t N to the north, east or west between 10% and 20%; sig. nificant natural features; pre-existing road or lotting patterns; and public ease- ments or rights-of-way; or 2. Significant development amenities would be lost or im- paired which could significantly reduce the market value of the property if the solar design principle were applied; or 3. Existing shade precludes solar uses. SOLAR BALANCE POINT STANDARD FOR EXISTING LOTS The purpose of this standard is to minimize building-to-building shade and to promote solar access and its utilization in residences. The standard would apply to applications for new houses and remodeling projects on existing lots in urban single family residential zones and Sunlines, First Quarter, 1988 3 single family uses in other zones. The standard requires that both a "shade reduction line" and a "solar gain line" be calculated with each permit application (see figure 3 on page 4). The shade reduction line standard protects sun to the northern property owner. The solar gain line helps the appL'cant determine whether his south windows will be located in the sun. The goal is to place the new house where both of these standards can be met. Shade Reduction Line The standard establishes a maximum shade standard for each lot. The shade standard, which is measured at the north lot line, varies depending on the north-south dimension of the lot. The standard guarantees the ability to construct - at a minimum - a 30 foot house in the middle of the lot being affected by the standard. The variable shade standard means that in some cases full south wall solar access protection will be provided, in other cases partial south wall protection will be provided, and in still other cases only south roof protection will be provided. The effects of the variable solar height standard on three different lot conditions are explained below. Shade Reduction Line Case 1: Full South Wall Protection A house on a lot which has at least 100 feet of north-south dimension (e.g. SO' by 100' or 70' by 100' lots fronting east-west streets) must be designed and sited so that it does not cast more than 12 feet of shade at the north property line in the winter. The proposed sun angle in the standard is 10:30 am. to 1:30 p.m. on January 21, which results in a setback from the northern lot line of 2S feet for every 1 foot of building height over the allowed shade height at the northern lot line. In most continued on care 4. 4 First Quarter, 1988 Figure 3 A SOLAR BALANCE POINT APPROACH TO INFILL DEVELOPMENT: LOOKING AT BOTH SIDES OF THE COIN N SETBACK ADJUSTMENTS IF NEC- ESSARY TO MEET SOLAR STANDARDS (eonli-d from page X) cases buildings which meet this solar standard will protect full south wall . solar access to a typical house on the lot to the north (see figure 4 on this page). The standard for these lots is identical to the one for new develop- ment lots. Shade Reduction Line Case 2: Partial South wall/south Roof Protection A house on a lot with at least 70' of north-south dimension (e.g. 70' x 100' lot fronting a north-south street) must be designed and sited so that it does not cast more than 16 of shade at the northern lot line. In most cases this standard will protect either south wall solar access to the second story of a two story house or the roof of a single story house on the lot to the north (see figure 5 on page 5). Shade Reduction Line 3: South Roof Protection A house on a lot with at least 50' of north-south dimension (e.Q. 50' x SHADE REDUCTION POINT Protecting your northern neighbor's sun 16• of shade allowed ' at property line 0'-~ 41 od Standard Side Setbacks is Reduced Side Setbacks SOLAR GAIN POINT Locating your house to receive sun on 16' of shade allowed at property line I00' lot fronting on north-south street) must be sited so that it does not cast more than 20' of shade at the northern lot line. This will typically protect the south roof of a two story house (see figure 6 on page 5). Performance Option The applicant may meet the standard by showing that at least 80% of the south facing glazing area of the house to the north is protected from shade, regardless of the height of the shadow at the northern lot line. This will provide design flexibility to the building community. Exemptions from the Shade Reduction.Line Standard If any of the following conditions exist an exemption from the standard shall be granted. eo ubtued on pare 5- Figure 4 NEW DEVELOPMENT STANDARD FOR SITING BUILDINGS AND TREES sun angle rising at 2.5 to 1 ratio from a-- N SOUTH WALL - 100' - - - - - - - - - -100'' ..0- 12' of shade allowed at property line C. 14 Figure 5 SOLAR BALANCE POINT STANDARD FOR LOTS WITH 70' NORTH-SOUTH DIMENSION All~ it sun angle rising at 2.5 to 1 ratio from SECOND STORY SOUTH WINDOWS N 70•------ C (eoedinued from page 4 ) 1. The shade from the building falls within pre-existing shade from trees, other buildings or topography; & 2. The lot has a north, west or east facing slope of greater than 20%; or 3. Difficult lot conditions exist such as public easements, drainageways, etc; or 7 0 30-1 30• of height guaranteed In middle of lot % 16' of shade allowed at property line 4. The shade from the building strikes only an unbuildable area; or 5. The shade from the building strikes an unheated area such as a garage, or a south wall with minimal glazing. Solar Gain Line In addition to analyzing the shade a new structure casts on its northern Figure 6 SOLAR BALANCE POINT STANDARD FOR LOTS WITH 50' NORTH-SOUTH DIMENSION sun angle rising at 2.5 to 1 ratio from SOUTH 30' of height guaranteed in middle of lot 20' of shade allowed at property line Sunlines, First Quarter, 1988 5 neighbor, the standard requires that the application show the potential shade on its south windows that could be cast by its neighbor to the south. However, any action by the applicant to modify a house design to provide greater levels of sun would be voluntary. If the applicant finds his home will be pushed south into shade from the adjoining property, he can request that the difference between the two calculations be split. This is called the Solar Balance Point for the lot. The neighbor to the north must agree with this request. SOLAR ACCESS PERMIT FOR TREE SHADE The purpose of the solar access permit standard is to minimize shade from future trees. A solar access permit applies on a lot-by-lot basis. A property owner must apply for a solar access permit to receive the protection it offers. Eligible proper- ties include lots in a single family residential zone and single family lots in other zones which existed before the adoption of a solar access program Solar access permit A solar access permit is a document issued by the local planning agency pursuant to appropriate review procedures. The document describes the maximum height that trees can grow on lots generally south of and within 150 feet of the lot benefrued by the permit It prohibits the owners of property to which it applies from allowing non-solar friendly trees planted after the date a permit is issued to grow above that maximum height limit. The maximum height limit is a line extending up at an angle of 2S tol south from the area to be protected. It can be represented by a series of contour lines extending east to west across a lot to which the permit applies for easy administra- tion. eoruiirnee on dare 6- i.. PERMIT (continued from page 5-) The planning agency shall grant a solar access permit if the application accurately describes existing struc- tures and trees on the applicant's property and adjoining properties. and if trees on the applicant's property do not shade the area to be protected by the permit Exempt Vegetation Research has identified more than 250 varieties of trees that are "solar friendly" (ie. they do not block much winter sunlight). A solar access permit does not apply to solar friendly trees. Therefore a solar friendly tree can exceed the maxi- mum height permitted for trees subject to a solar access permit A solar access permit does not apply to existing trees in the ground on the date a permit is issued. Enforcement of a solar access permit Once the solar access permit is granted, notices are sent to affected properties, and an opportunity to challenge the accuracy of the information contained in the applica- tion provided. If granted, the permit is recorded in the chain of title of affected properties, giving future owners of time properties notice of its existence. If a tree is allowed to grow above the maximum height permitted by the permit, the owner of property benefitted by the permit may petition the local planning agency to enforce the permit The local agency considers the facts and, if it finds a violation exists, notifies the owner of the property on which the offending trees are situated and provides an opportunity for a hearing to contest the issue. If a violation is proven, enforcement follows as with other land use law violations. RESEARCH COMMITTEE ESTIMATES ECO- NOMIC BENEFITS OF SOLAR AC- CESS The project's Research Committee released the final draft in October of its report on the projected benefits of providing solar access protection. The report,"Potential Benefits of Solar Access", identified four main benefits of solar access. Solar access may: • save energy and lower heating bills; • preserve future options to use solar, • encourage the use of solar energy; and • establish a minimum solar right. 1. Solar access saves energy and lowers heating hills. The committee estimated a range of space heat savings from solar access, solar orientation and solar design. Savings were adjusted for inflation and listed in 1987 dollars. 'Ihe savings were calculated over 30 years with a 2 percent energy price increase per year and discounted at 3 percent yearly. Savings over seven years, the average length of home ownership, are in parentheses. The savings estimates are for passive solar heat gains only. They do not include savings from lower cooling bills on east- west streets, solar water heating, or photovoltaics. Some mem- bers felt that savings should be increased 10 percent to account for intangible benefits of solar energy to the environment and society. Area-wide ravings It is esti- mated that solar access will save $150 million in heating costs for new homes built in the next 20 years in the project area (exclud- ing the City of Portland). If all new homes were passive solar designed to use to the fullest the solar access provided, the potential is $325 million. These estimates do not include cooling, solar water heating, or pho- tovoltaics. Average savings per home. It is estimated that solar access will save an average of $1,160 ($300) in heating costs over the life of each new home. If all homes were solar designed, the average savings per home would be $2500 ($630). Savings for any given home can be as much as $4150 ($1075). These estimates do not include cooling, solar water heating, or photovoltaics. Incremental savings, The greatest savings are in preventing worst case shading, running streets east west rather than north-south, and encouraging sun-tempered or solar design. 2. options to use solar. Solar access is a lost opportunity resource. The option to use solar may be lost for good if it is not provided when a home is built. These options include the use of solar for space heating, water heating, and so produce electric- ity. Solar technologies are recent, spurred by the energy crises of the 1970's. They are expected to mature and improve in coming years. Passive solar design and matey solar water heaters are cost-effective today. Photovolta- ics should become cost-effective in the 1990's. With other energy prices expected to increase, solar is expected to be a long-term growth industry. eomtinued on page 7- C CR~ dr! H RESEARCH COMMITTEE (Continued from page 6.) 3. Solar access encourages the use of solar energy. A review of state of Oregon solar tax credits shows that homes on east-west streets were four times more likely than homes on north-south streets to use passive solar. They also were three times more likely to use solar water heaters. Three times more tax credits were granted in communities with solar access standards than in those without 4. Solar access creates a mini- mum solar right. Solar access protection creates a new property right. It provides certainty to people wanting to use solar energy, and protects investments in solar. It balances the current right to cast shade. ORDINANCE COMMITTEE ESTIMATES POTENTIAL COSTS OF SOLAR ACCESS STANDARDS The Ordinance Committee has ieleased the drafts of two reports on the potential costs of the Solar Balance Point Standard ('refill situations) and the New Develop- ment Standard (subdivisions and planned unit developments). Both reports examine the full array of potential costs to both the local government and development community from implementing the ordinances, including those for public hearings, education and training, builder/developer project design time, permit processing, construction costs, and market impacts. The cost reports are companions to the "Potential Benefits" to Solar Access study recently Pmlaiedd by the project's Research Committee. Combined, the studies Provide a basis for determin- ing me cost-ettecuveness proposed ordinances. Cost Reducing Features In keeping with the Metro project's design goals, the Ordinance Commit- tee expressly designed the two standards to effectively provide and protect solar access at the least cost possible. Therefore, both standards contain many cost-reducing features which distinguish them from solar access standards currently enforced by other communities. Methodology Cost estimates were based on evaluations of existing solar access ordinances, the Metro project's own research and interviews with members of the building/develop- ment community. Typical cost cases were developed for both building and subdivision permit applications. For the Solar Balance Point Standard the following categories of costs were identified: • Minimum Impact Cases consist of straightforward building permit applications and exemptions which would entail little or no additional costs to the applicant. Aproximately 85% of the applications would fall within this category. • Moderate Impact Cases possess lot and/or building design constraints which would require some additional design time and, perhaps, moderate construction costs in order to comply with the standard. About 15% of the building permit applications are expected to be such cases. • I-Egh Impact Cases would entail additional design and construction costs resulting from difficult site conditions and an applicant's unfamiliarity with the solar access standard. Although the Solar Balance Point Standard is designed to eliminate such cases, the Ordi- nance Committee a_4Snmad that cnm Sunlines, First Quarter, 1988 7 cases (1%) may occur during the first year of implementation. The cost report for the New Devel- opment Standard identified the following cost categories: • Immediate Approval Cases will require little or no additional costs and are estimated to constitute 85% of the future subdivisons submitted. • Exemption Cases are sub- divisions (estimated at 4%) that are expected to be exempted outright due to very steep slopes and existing heavy shade conditions. . • Partial Adjustment cases are subdivisions that are expected to involve partial adjustments to the standard due to various site con- straints (10% of the cases). • Re-Design Cases include subdivision designs which totally "fail" the solar design standard, necessitating substantial redesign and processing time. The Committee estimated that 1% of the subdivision applicants may be of this nature. Findings Using the above information, a base case was developed which estimated the average fast year implementation costs for both builders/developers and local governments. The major conclusions of the studies were: 1. Solar Balance Point Standard • Local Government Staff Costs: Fast year implementation costs are estimated at an average of $6 per building permit application with declining costs thereafter. • Builder Costs: First year implementation costs are estimated at an average of $55 per building permit application with declining costs thereafter. coetiwAed on pore 8- Ago. ORDINANCE COMMITTEE (continued from page 7-) 2. New Development Standard • I.ooal Government Staff Costs: For a typical 40 lot subdi- vision, first year implementation costs are estimated at an average of $4 per lot with declining costs thereafter. • Builder Costs: For a typical 40 lot subdivision, first year implementation costs are estimated at an average of $20 per lot with declining costs thereafter. The Metro pre-test that is currently underway will be used to finalize these estimates. M your would like more information: Copy of ordinances Research Committee's economic benefits report Ord nattce Committees cost analysis reports If you would like to have a presentation of the draft ordinances in January or February Please mail to the address below: If you have questions. or wish additional information. Please can Mince McKeever, Project Manager. Conservation Management Services, (503) 227-4100 PEOPLE TO CALL IF YOU HAVE QUES77ONS The Metro Project is administered by the Oregon Departaim of Energy and the Washington State Energy Office. The Oregon Department of Energy also has lead responsibility for conduct- ing many of the project's research activities. You can reach the project's contact people for these agencies at the following numbers: John Kaufmann, Oregon Department of Energy. 503-373-78M Karat Messmer. Washington State Energy Office. 206-5865013 Conservation Managemen Services. Inc.. is the consulting firm which has been hired to mange the project. CMS is working with two Local Representatives. The Benkendorf Associates and Larry Epstein, P.C., to provide services to the 21 local governments. The key contact people for these firms ate fisted below, along with the names of the jurisdictions working with each meal Representative. CMS,M ikeMcKeever,ProjectManager, 503-227- 0400 CMS, Carole Cannel[. Local Representative for Washington Canty. Beaverton, Cornelius, Forest Grove. Tigard. Faitvicw. Troutdale, Gresham and Vancouver, 503- 226-0068 CMS, Les Ttmtidaj, Local Representative for Canby. Happy Valley. Milwaukie. Oregon City. and Wilson- ville. 503-2260068 Larry Epstein, P.C. Local Representative for Clads Canty and Multnomah Canty. 503-2234855 The Proju Liaison Bulletin is puUithed nwnddy byConseroa- tion Management Service. Inc., a division of The BeLkendarf Associates Corporatear. project manager for the P-d-d- Vaneose er Metropolitan Area Solar Aetesr Project. CMSs offices are located at 522 S.W. Filth Avenge. Suite 1406. Ponkuid Oregon, 97201. Ifyouhava questionsorsuggestions. CMS's phone aurnber is 503,227-WW. The Portland- VancouverMetropofitan Area SolarAcrssrProj- ea stfunded by L4eBonnnUk PowerA&nbds&atkwN andad- nnb&WeredbytheOreg-Dep-ono tofEnergyandthe W-h- ington StauEnergp Qfflce wW-the aatpieesoftheN-Mwest PowerAct. Funding for this publication is prodded by the Bonneville Power Administration Portland-Vancouver Metropolitan Area Solar Access Project 522 SW Fifth Avenue, Suite 1406 Portland, Oregon 97204 BULK RATE US POSTAGE PAID PORTLAND. OR PERMIT NO. 1682 C: O LOCAL GOVERNMENT ACTIONS I ~VS Clackamas County Adopts Ordinances Since the Steering Committee's release of the model ordinance package, thirteen of the participating local governments have adopted and implemented the ordinances. Clacka- mas County, which began implement- ing the ordinances January 2. 1990, is the latest government to adopt the ordinances. Other implementing local governments include Multnomah County, Portland, Gresham, Forest Grove, Cornelius, Beaverton, St. Helens, West Linn, Lake Oswego, Scappoose, Troutdale and Fairview. All of the other participating local governments are expected to take action on the ordinances sometime later this winter or spring. These include Oregon City, Washington County, Tigard, Canby. Happy Valley, Clark County, Vancouver, Milwaukee and Wilsonville. The Clark County Planning Commission has scheduled a public hearing on the ordinances for January 18. The Vancouver Planning Commission had recommended adoption of the ordinances in the fall of 1988 and the City is expected to resume its consid- eration of the ordinances along with Clark County. FIRST-YEAR ORDINANCE EVALU- ATION COMPLETED (Following are excerpts from the "Evaluation Report for the Portland- PO(7ftANo-" VANCOWER METRO AREA SOLAR ACCESS p Vancouver Metropolitan Area Solar Access Project" prepared by Conser- vation Management Services in the summer of 1989.1 Twelve of the twenty-two jurisdic- tions that participated in the Portland- Vancouver Metipolitan Area Solar Access Project have adopted and aie administering the model solar access ordinances. As a means of determin- ing if there are problems with the administration of the Solar Balance Point and New Development ordi- nances, the Project staff in coopera- tion with the administering jurisdic- tions, have completed an evaluation of these ordinances. The ordinance evaluation focused on the potential problems with the adequacy of the information and any other potential complications which "The ordinances are providing a high percentage of homes and homesites with access to the sun and administration of the ordi- nances appears to be economical." would make administration of the ordinances costly and time consum- ing. The evaluation forms were completed by plan reviewers in the different jurisdictions as they worked through their reviews of building permit and land division applications. The information contained in the evaluation forms received from the participating jurisdictions indicates that there are no significant problems with the ordinances. Solar Balance Point Standard The Plan Review Time for the Solar Balance Point Standard was predicted continued on vai¢e 4- mow. F• • -iiv REGIONAL SOLAR ACCESS LAND USE PLANNING PROJECT CONTINUES The Portland-Vancouver Metropolitan Area Solar Access Project is a cooperative project of 22 local governments in rave counties and two states and the private development community. The purpose of the project is to develop and implement a uniform set of land use standards to provide and protect solar access to residential properties. In the spring of 1988 the Steering Committee for the project adopted a package of solar access ordinances and recommended their adoption to the participating local governments. This issue of Sunlines provides a status report on local government ordinance adoption actions, summa- rizes the results of a one-year evalu- ation of the model ordinances, explains the roe-tuning ordinance amendments adopted by the Steering Committee, provides commentary from those on the front-lines working with the ordinances, a sample solar subdivision design completed under the ordinances, and looks south to Eugene and north to Tacoma to see continued on page 2 INSIDE: Ordinance Evaluation >ReA tts, p 1 View from the Front. p 2' Steering Committee F ne-Tunes Ordinance Package, p 3 Ordinance Summaries, p 3 Around the Region, p 4 Project Recetms APA Planning Award, p 8 Z Sunlines, First Quarter, 1990 Forrest Soth, City of Beaverton City Councilor "The ordinances promote an important public purpose at very little cost There is little doubt that solar must be an increasingly important part of our energy future. I have been very impressed with how efficiently the ordinances have been applied." THE: VIEW FROM THE FRONT Charlie Hales, Home Builders Association of Metropolitan Portland, Director of Governmental Affairs .We endorsed the ordinances because we were.satisf ed they. would work in the field, and the evidence indicates that they do: My phone rings when local government actions create problems' for builders, and these ordinances do not generate phone calls." John Andersen, City of Gresham Community Development Director "One of the best ordinances I have seen for benefrtung the community with the least inconvenience and cost." Richard Durham, Lake Oswego City Councilor "Efficient energy use helps society as well as homeowners. , With current concerns about electricity shortages, the greenhouse effect, and worldwide environmental degradation, these ordinances demonstrate an important local commit- mentto be apart of the solution, not a part of the problem." Tim BoatuTight, City of Beaverton Building Inspector Plans Examiner "1 work with the Solar Balance Point ordinance. Through our process in Beaverton I have found it reasonably easy to implement, with very few problems. The average case takes approximately three minutes to check." Dave Prescott, Multnouah County Planner ' I work with the solar subdivision design standard. The response from the developers has been supportive. 1 haven't encountered` any surprise~or resistance. I can't think of any cases where the development didn't either meet the solar standard or qualify for one of the exceptions " PLANNING CONTINUES (continued from page 1) how the model ordinances are beginning to have an effect through- out the region. The ordinance package requires new subdivision and planned unit develop- ments to be designed to maximize solar access to houses, and provides standards for siting houses and landscaping to minimize shade on adjoining properties. The package of ordinances was developed after the most comprehen- sive solar land use research program in the country and extensive work with members of the home building industry who would be affected by the new standards. Representatives from local governments and private industry served on two 15 to 20 person technical committees, the Research and Ordinance Committees, to guide all aspects of project research and ordinance development. The Steering Committee is comprised of 11 elected officials, planning commissioners and planners ap- pointed by the participating govern- ments. Forrest Soth, Beaverton City Councilor, chairs the Committee. Richard Leonard, Multnomah County Planning Commissioner, is Vice- Chair and Linda Davis, Beaverton Planning Director, is Secretary. Other members of the Committee include William Holstein, Lake Oswego City Councilor, John Andersen, Gresham Community Development Director, Karen Scott, Vancouver Planning Director, Glen Gross, Clark County Planning Director, Linda Kruegei, Portland Energy Director, Gerald Taylor, Cornelius City Manager, Len Waldemar, Clackamas County Planning Commissioner, and Marga- ret Schumacher, Scappoose Planning Commissioner. Dick.Durham, Lake Oswego City Councilor and former chair of the Steering Committee, currently serves as special advisor to the Committee. Technical Assistance Services Available to Local Govern- ments and Builders The project offers technical assistance services at no cost to local govern- ments and the private development industry through the summer of 1990. These services are available through McKeever/Monis, Inc., Portland land use consulting firm, through contracts with the Oregon Department of Energy and the Washington State Energy Office. For governments which have not yet adopted the ordinances these services include training for staff and briefings for Planning Commissions, City Councils and County Commissions. For governments implementing the ordinances and members of the private development industry these services include troubleshooting on projects which are having difficulties complying with the solar standards. ORDINANCE FINE- TUNING COMPLETED The Steering Committee reviewed the results of the ordinance evaluation (see story on page 1) and information provided to it by the project consult- ant, staff from the implementing local governments, and the private building industry. Following this review the Steering Committee adopted a series of fine-tuning amendments to the ordinances. The Committee recommends that the thirteen local governments which are implementing the model ordinances adopt the fine-tuning amendments sometime during the next year. The nine local governments expected to act on the ordinances later this winter are spring are encouraged to take advantage of the experience of the other governments and adopt the amended version of the ordinances. The ordinance amendments are summarized below. standard to more specifically indicate that an exception to the standard shall be granted if the developer cannot create 80 percent solar lots through use of the "basic", and simplest, solar standard. This change makes it clear that the developer has the option whether or not to use performance options which are included in the ordinance. - Simplification of some of the procedures for documenting shade from existing trees when a developer chooses to use this condition as a reason to apply for an exception to the solar design standard. - Replace a requirement for a topographic survey by a licensed surveyor in certain exceptions cases with a more lenient require- ment for reliable topographic information. Solar Balance Point Ordinance I Solar Access Permit Ordinance l -Additional exemption in cases where there is a vacant adjacent lot to the applicant's north and the prevailing development pattern in the neighborhood is to place insig- nificant areas of glass on the south walls of houses. - Extension of the standard to apply to all lots in new sub- divisions, not just the 80 percent of the lots meeting the solar New Development Standard. This provides consistency in the standard's application in infill and new development areas. - Replace a requirement for a topographic survey by a licensed surveyor in certain exceptions cases with a more lenient require- ment for reliable topographic information. New Development Standard - Clarifying the solar design - No amendments are recom- mended. Solar Access Definitions - Minor amendments to the definitions for "front lot line" and "solar feature" were made to better handle irregular lot shapes and provide more flexible design. SUMMARY OF RECOMMENDED SOLAR ACCESS ORDINANCES The Steering Committee of the Port- land-Vancouver Metro Area Solar Access Project has recommended for adoption by local governments three solar access protection ordinances. The provisions provide comprehen- sive protection for both new and existing residences in the metro area. A New Development Standard maximizes solar access in new resi- Sunlines. First Quarter, 1990 3 "It is my great pleasure to en- dorse the recommendations of the Metro Area Solar' Access Project. This unique, coopers- flue:: project 'should stand as a benchmark: to government eve= rywhere " Neil Goldsclunidt Governor, State of Oregon .February 24 1988 dential subdivisions and PUDs by requiring that 800 of all lots have proper solar orientation. A Solar Balance Point Standard minimizes building-to-building shade and limits a new building from casting shade greater than 12' to Mat the northern lot fine depending on the north-south lot dimension. The third ordinance, called a Solar Ac- cess Permit, provides existing single-family residences protec- tion against shade from future non-solar friendly trees on adjoining properties within 150'. The primary features and illustra- tions of each ordinance are discussed below. This article summarizes the essen- tial features of the proposed solar access ordinances. A separate in- formation packet contains the ordi- nances themselves, the Steering Committee's resolution recom- mending adoption by local govem- ments, and Findings in support of the ordinances. cominuM on page 6- "Assuring access to the sun is a part of providing' available and affordable energy for the future. The use of solar energy can protect our environment--and our economy-by reducing the need for additional and more expensive energy resources. Booth Gardner, Governor State of Washington April 22, 1988 4 Sunlines, First Quarter, 1990 EVALUATION COMPLETED (continued from page 1) by the project's Research Committee to be approximately 10 minutes for 85 percent of the applications received. The average staff time for all of the 158 Solar Balance Point applications evaluated was 9-minutes 40-seconds. Of the 158 cases, six took between 15 and 20 minutes to complete; and two took 90 minutes each to review. The evaluation illustrates that less than two-percent of the permit applications evaluated could be classified as "high impact cases", as defined in the Ordinance Committee's research report Only four percent could be classified as "medium impact cases", which is significantly lower than the expected ten-percent rate of oc- curance. The data gathered from the evaluation process illustrates that the Solar Balance Point Ordinance is relatively easy to apply in most cases. Only 5 of the 158 cases evaluated, or 7 percent, did not meet the standard. Only 11 cases, or 3 percent, required a modification to the original building plan submitted to meet the standard. Therefore, 90 percent of all evaluated cases met the standard without the need for modications or an exemption from the standard. The average Plan Review Cost for the Solar Balance Point Standard is approximately $3.50. The projected cost per building permit application in the Ordinance Committee's research report was $6.00. New Development Standard Eighteen subdivisions or partitions which created a total of 527 residen- tial lots were evaluated. Of the 527 lots created, 322 were lots meeting the ordinance's basic solar require- ments. An additional 25 lots met the New Development Standard through the use of one of the solar perform- ance options provided in the ordi- nance. Overall 68 percent of the lots met a solar standard. The evaluation illustrates that the New Development Ordinance provides adequate flexibility for unusual site characteristics or amenities. It also illustrates that the minimum 80-percent standard for lots unaffected by development limita- tions can consistently be met The time necessary to review these development applications was also evaluated. The longest time recorded for a subdivision review was 3-hours for a 17-lot subdivision. The case required a longer period of time because the original submittal contained several errors and an adjustment request which was subsequently denied. The shortest review period was 1-minute for a 2- lot minor partition. Overall, the average review time per lot was 33- minutes. The Ordinance Committee's research report estimated the average staff review time per lot would be 12- minutes, or $4.00 per lot. The evaluation sample illustrates that local government costs were only approxi- mately $1.00 per lot Conclusions Based on the information derived from the evaluation process, both the Solar Balance Point Standard and the New Development Standard appear to be functioning efficiently. They are providing a high percentage of homes and homesites with access to the sun, flexibility to accommodate for those development situations which cannot meet the basic standards of the ordinances, and administration of the ordinances appears to be economical. SOLAR ACCESS AROUND THE REGION TACOMA ADOPTS SOLAR ORDINANCES. ..On December 12, 1989 the Tacoma City Council by unanimous vote adopted a comprehensive package of solar access protection ordinances. The ordinances are patterned after the model ordinances developed for the metro area project, with modifications to suit local conditions Deputy Alayor Hyde, before casting his favorable vote for the ordinances, said "I'd just like to note that this is an example of how things'should be done les just an excellent example of good legislation." With the action Tacoma becomes the first local government in the state of Washington to implement comprehensive solar access protection: Other local governments have implemented solar protection for.either new development or existing development areas, btitnot both. EUGENE EYES METRO SOLAR ORDINANCE....The City of Eugene is considering implementing the metro model solar access ordinances in place of its existing solar access land use ordinances. Glenn Havener, Energy Codes Director for the Oregon State Home Builders Association (OSHBA), said the state organization, in coopera- tion with the local builders association, is encouraging the City to make the change because of OSHBA's long- standing commitment to uniform statewide codes. Havener indicated that he was hopeful that all interests in the City, including environmentalists and local utilities; would be supportive of the change. He praised the metro model ordinances for being based on state-of-the-art technical research and real world building practice. SOLAR ACCESS PLAT IN ACTION by Gregg Everhart, Landscape Designer David Evans and Associates, Inc. Portland, Oregon I FOREST HEIGHTS - PHASE 3 "T CITY OF PORTLAND. MULTNOMAI-I COUNTY. OREGON V3 1/e~* p 19D°• l W The recent platting of Forest Heights - Phase III provides this issue of SUNLJNES with a good application of i the Metro Solar Access New Develop- ment standard in the City of Portland. Sunlines, First Quarter, 1990 5 For The plat prepared by David Evans and _ Associate, Inc. (DEA), utilizes all of the innovative time saving tool for map- three available options for creating so- ping solar access on steep sites. lar lots while taking into account sev- eral areas of exemption due to non- Using GIS (geographic information solar vegetation and severe (>20%) systems) technology, DEA created a slope. DEA has worked with solar "Slope and Aspect" digital terrain access on several sites, but the issues model which, incorporating over and opportunities provided by Forest 5,000 survey points, calculated the Heights prompted the firm to create an areas qualifying for exemption due to Legend Non-Exempt Eligible for Adjustment Exempt for Slope Forest Heights HE CIS "Slope & Aspect" Overlay (portion) severe slope. The sample illustration below provides a graphic depiction of the "Slope and Aspect" overlay for a portion of the tentative plan. Next to the overlay is the final plat of the same area showing the methods used to classify lots for solar compliance. Solar Key s... EX. < 2DL ~ e PD =~Crc\^.~ C°•'O.• _O• . s ID.•Se. i L.aee5 IDeeS. EX r_•se DR '13:G lleox. ~""E+: -T• ' a »-W 1 a W ° 33 a J d ~ 4 3~1 • % J aM CO-) ~ 8~0 eJJS. "1Z DR O n eElt o (r~. e.0• Y DAL.SA 0 ~ • z f .t. IZ J : n73 3 C Thu DR C ~ 1 ° _ ,1..31 30 70 n I F C16 .1.00 10p0 116 •)i<J S ^ -L.31 •20:3 1 I ~I a3oo 35 3a u O0 GSM . f C)~ 33.5 3 I L•3i I " O 3 - 'O i• • ER ; •s..DR eR n ODR. Oln 'O'r0. VIi C30'r ~ - i.l - OR de horest Heights Ill: Final Plat (portion) r 6 Sunlines, First Quarter, 1490 ORDINANCES RECOMMENDED (consh-dhose page 3-) SOLAR ACCESS STANDARD FOR NEW DEVELOPMENT The purpose of the new development standard is to design lots so that homes will be oriented to maximize solar access and minimize shade on adjoining properties. The standard applies to applications for a subdivi- sion or planned unit development in all single family residential zones and single family developments in other zones. Lot Design Standard The Ordinance requires that eighty (80) percent of the lots in a proposed development must comply with one of three solar design options: 1. The Basic Requirement: (see fig ure 1), or 2. A Solar Building Line Option; or 3. A Performance Option. The plat on page 5 is an example of a subdivision which meets the solar de- sign standard. The development was designed by David Evans & Associ- ates and was approved in the City of Figure 2 NEW DEVELOPMENT STANDARD FOR SITING BUILDINGS AND TREES sun angle rising at 2.5 to 1 ratio from SOUTH WALL -4 N Portland. 1-----100--------D►<----=`a~ ---100'-! 12' of shade allowed at property line Siting of Structures and Trees The Solar Balance Point Standard provides legal protection from building and tree shade as develop- ment occurs on each lot in a new development (see figure 2). Exemptions from the Design Standard An entire development, or portion of the development, shall be exempted from the solar design standard for steep slopes or significant pre-existing Figure 1 SOLAR LOT OPTION 1: BASIC REQUIREMENTS t N Minimum of 90' north-south 101 dimension required Tront lot line Is whhln 30 d"rees of an east-west ads shade. Adjustments to Design Standard The jurisdiction shall reduce the percent of lots that must comply with the solar design standard below the 80% standard to the minimum extent necessary if the applicatn has shown one or more of the following condi- tions exist: 1. Meeting the standard would result either in reduced density or significant infrastructure cost in- creases (that is, 5% or more); or 2. Significant development ameni- ties would be lost or impaired which could significantly reduce the market value of the property if the solar design principle applied; or 3. Existing shade precludes solar uses. SOLAR BALANCE POINT STANDARD FOR EXISTING LOTS OF RECORD The purpose of the standard is to minimize building-to-building shade and promote solar access and utiliza- tion in residences. The standard implies to applications for new house and remodeling projects on existing lots of record in urban single family residential zones and single family uses in other zones. Maximum Shade Point Height The standard extablishes a maximum shade point height for each IOL The shade standard varies depending on the north-south dimension of the IoL The standard guarantees the ability to construct - at a minimum - a 30 foot house in the middle of the lot being affected by the standards. The variable shade standard means that in some cases full south wall solar access protection will be provided, in other cases partial south wall protec- tion will be provided, and in still other cases only south roof protection will be provided. Figures 2 and 3 provide examples of how the standard works on a lot with 100 feet and 70 feet of north-south lot depth, respectively. Pedormonce Option The applicant may meet the standard 4 by showing that at least 80% of the south facing glazing area of the house to the north is protected from shade, regardless of the height of the shadow at the northern lot line. Exemptions from the Maximum Shade Point Height Standard If any of the following conditions exist an administrative exemption from the standard shall be granted. 1. The shade from the building falls within pre-existing shade from trees, other buildings or topography; or 2. The lot has a north, west or east facing slope of greater than 20%; or 3. Difficult lot conditions exist such as public easements, drainageways, etc; or 4. The shade from the building strikes only an unbuildable area, or 5. The shade from the building strikes an unheated area such as a garage, a south wall with minimal glazing, or a vacant lot where neighboring structures have minimum south glass. Figure 3 SOLAR BALANCE POINT STANDARD Sunlines, Fust Quarter, 1990 7 SOLAR ACCESS PERMIT FOR TREE SHADE The purpose of the solar access permit' standard is to minimize shade from future trees in existing arras. A solar access permit applies on a lot-by-lot basis. A property owner must apply for a solar access permit to receive the protection it offers. Eligible proper- ties include lots in a single family residential zone which existed before the adoption of a solar access program and single family lots in other zones. Exempt Vegetation Research has identified more than 260 varieties of trees that are "solar friendly" (i.e. they do not block much winter sunlight). A solar access permit does not apply to solar friendly trees. Therefore a solar friendly tree can exceed the maximum height permitted for trees subject to a solar access permit. A solar access permit does not apply to existing trees in the ground on the date a permit is issued. continued on page 8 MAXIMUM SHADE POINT HEIGHT ALLOWED SHADE ON SOLAR FEATURE Protecting your northern Localug your house neighbor's sun to receive sun on south windows N GUARANTEED 307 HEIGHT IN LOT CENTER --------70--- -------70 0- FIe'-~ ►1ro 1 Standard Side Setbacks f --------------3D~5 1 Reduced Side Setbacks ( SETBACK ADJUSTMENTS IF NEEDED TO MEET SOLAR STANDARDS f L. 8 Sunlines, First Quarter, 1990 PROJECT RECEIVES PROFES- SIONAL ACHIEVEMENT AWARD FROM OREGON APA In May, 1989, the Portland-Vancouver Metropolitan Area Solar Access Project was given the Professional Achieve- ment Award by the Oregon Chapter of the American Planning Association. The Professional Achievement Award recognizes planning projects of unusual merit; en- courages innovative and effective techniques for solving problems at local, regional, and state levels; and publicizes plans or projects of special significance. In presenting the award the APA noted that "The project's merit is recognized in the endorsements of the governors of Oregon and Washington, the Solar Energy Association of Oregon, the Oregon League of Conservation Voters, the Homebuilders Association of Metropolitan Portland, the Portland Chapter of the American Institute of Architects, and the Oregon Remodelers Association. The adoption of the implementation ordinances by every local government that has considered them also attests to the high quality of the project". Receiving the award on behalf of the project were Dick Durham, then the chair of the Steering Committee, John Kaufmann, Oregon Department of Energy, and Mike McKeever, then of Conservation Management Services. The Oregon "A has nominated the project for this year's national APA awards. PEOPLE TO CALL IF YOU HAVE QUESTIONS The Metro Project is administered by the Oregon Department of Energy and the Washington State Energy Office. The Oregon Department of Energy also has lead responsibility for conducting many of the projects research activities. You can reach the project s contact people for these agencies at the following numbers: John Kaufmann, Oregon Department of Energy. 503 373- 79M Scou Merriman, Washington State Energy Office, 206 586- 5mi McKeeverJMorris, Inc., is the consulting firm which has been hired to manage the project McKeever/Morris is working with I.Arry Epstein, P.C., to provide services to the 22 local govem- mems. The key contact people for these firms are listed below. McKeevedMorris, Inc: Mike McKeever, Project Manager, and Paul Morris, 503 228-7352. Larry Epstein, P.C., 503 223-4855 continued from page 7- Recording Once the solar access permit is granted, notices are sent to affected properties, and an opportunity to challenge the accuracy of the information contained in the application provided. If granted, the permit is recorded in the chain of title of affected properties, giving future owners of those propeties notice of its existence. Sunlines is published by McKeeverlMorrit, Inc., Project Manager for the Portland-Vancouver Metropolitan Area Solar Access Proj- ect. McKeeverhMorrit, Ine.'s offices are located at 812 S.W. Wash- ington St., Suite 1110, Portland, Oregon 97205. If you have questions or suggestions, the telephone nwnber is 503 228-7352. The Pordand-Vancouver Metropolitan Area Solar Access Project it funded by the Bonneville Power Administration, and administered by the Oregon Department of Energy and the Washington State Energy Offices under the auspices of the Northwest Power Act. Portland-Vancouver Metropolitan Area Solar Access Project 812 SW Washington SL. Suite 1110 Portland, Oregon 97205 tz CPS W e W Vu 1 u~u 1""1 Ip~ r~ ~ J ~ l uo W uo V ,o U 0 Q 0 b c s c co m 0 o^ 4 ~ N U O G rj) C E Oi C O m N O • v •o b m 4 C k- t• :I I I-, un x l, In, U>t m o 0 . NQ 9 v' ZZp \ S n n 2 b a N d ' 11 O ro ro y 0 7 O L m s to O O ~ N N [i fi s:: ` op f: ` `a76 ~ IF./e~l ~Y m k' N tl ill -~,s•~~ r ~ . lot N N } ~ N .I ~ ~ ~ • ~5 t L 1~ ~ a°%\ \ f Ate" I - ► y L~ ~rye~ ALrYoj e~ =t I > C f) m O m r r POPTLAND-VANCOUVER METROPOLITAN AREA { SOLAR ACCESS PROJECT g~N Benkendorfp q- Associates 0 I I COMPARATIVE ANALYSIS FOR PLAT RE-DESIGN Wniena Ong ghOq rso~ ?26.0068 I I ORIGINAL PLAN BEFORE SOLAR PLAN AFTER -1 KEY BASK SOLAR PARCELS OPTION 12 SOLAR PARCELS C3I OPTION 03 SOLAR PARCELS C~~~ NON SOLAR PARCELS L.'_ N PARCELS LOST TO VEGETATION ED PARCELS LOST TO SLOPE L-J Y CONTOUR wmvAL ANALYSIS LAM ORIGMAL PLAN 30 100 4.0 10.630 T•700 15.300 M 36 1,400 SOLAR PLAN 30 101 4.0 10.700 0.000 13.300 36 42 4.100 SOLAR _ _ ORIGINAL PLAN 30 3876 0 O 39 39% 42 la l00 IW% soua ILA" 83 6276 0 0 a3 ezs o /a 101 loot SHEET IDAHO SOLAR ACCESS PROGRAM ® D 2 $1.1. a. WW. c.•rrr• tlWIr n••a.e•. Er•y J:em The Benkendorf Associates COMPARATIVE ANALYSIS OF SOLAR RE-DESIGN sa Sw Rt~6, NORTH PLAT M. 2: CALOWELL R- 22 qfi~ (dell® m 0 m go ' U2 o S ; M O a v v z m ~ O co Hw N,VERA ✓ lel > d 0 r v 7 9 7 ~ ~ ( 6 (Vi-11 A O O A fY W r m m ( N y. 4 ~ Mks y y ~ W O O o ~ vx • \ m o c `O v w' ~ ~ '°O o V m - o -t 6 M y / s . hry = m w a o ,+F O ms : 5. V w~ m - ~ ait -S+.i (a m L 0 0 _ O § 0 co jj w i T F y z NW ,o~~ n V1 m 9 r l ow 1 - PORTLAND-VANCOUVER. METROPOLITAN AREA SOLAR ACCESS PROJECT Benkendorf - Associates f sn swm ate.,. COMPARATtVF ANALYSIS FOR PLAT RE-DESIGN ~ 226-006 K K 5 z I O X o' i a §.E F x E: 1: 8 e 7 X13 ~ 9 i3 C 3 S o s f 7 f wu:LT I a,= Ilwrrr T.Itif LACEY SOLAR ACCESS PROJECT Comparative Analysis of Solar Ro-Desigm Lake Forest lS min Conservation Manage ntServices F-kb~ .t.lelaft ~a.. .w.atr....,mt IataII70100 f' y m o p U. a z 1 m 0f . % n o \ \1 \ + \ O ►yy pl y \ \ \ \ N 1W , SlVEI#AOO M 4^.ti j \ N to O y o m g ~ ~ Y .Q d o s o S n o ~ 7 o g•ai 2i _ a A a l o e £ = A p A p t{~ a o. o ~ V m i 3 01 V7 N m (O 0 O p • O C 0 o g m a °o g O N O O O t Nw t PORTLAND-VANCOUVER METROPOLITAN AREA ConservationManagement Services SOLAR ACCESS PROJECT SS2 Sauh.weFlrthAva, V!.1406. COMPARATIVE ANALYSIS FOR PLAT RE-DESIGN 15=227-0400 e .1d . g b -..s (tl R R0H0 0 ~ gps a ~ ffi 5 y z a 3 Z L ~ y~y 6 sag x ~ r! ~ 3 4~~ a - rd i1 e e §ys ~ ~ t~ s SLdAVENUENS m b 518 i TACOMA SOLAR. ACCESS PROJECT c°°" 1Z1lrIFwa.INA.~t ~.1.a. A..na nr Co pa liw Aailyaia of Solar Ra-Dam=n: Centennial Park•1f0. c rl fi p.?! L°I L: Li r 111 N X m 1 1 ~ 0 1 ; ; 1 y 1 1 • ~ 1 i l` 1 1 1 ~ j C 1 _ 1 , ~ • N 1 1 t co m I O m 1 ~ 1 1 1 1 I ~ 1 S Ap t !g p3 I . f If, F i N i • i ~ 1 ~ Z - Ip - H . F N F ; 1 ` \fD 1 1 i t 1 j m ~ ti 3• F ~ 1 If- ' v . I 1 1 ~ V pV.~ L 1 k K its , T m 0 to-Mr'-t V t 1 I 1 ^_r l ttt lsat ~ ~i -/r~ \ I~ 1 I I ~ ~ ~ ~ ~i~11 ~:\~.~}I'll. tw 1 . p ~ f u ' I I t i ; 1 1 lit PORTLAND-VANCOUVER 1bIL•I'ROrOLITAN AREA (ID SOI AR ACCESS PRC r J•Ec Benkendorf • Associates 5T2 SW FfiA henr COMPARATIVE ANALYSIS FOR PLAT RE-DESIGN 4~p. amoa E ORIGINAL PLAIN BEFORE PW Pointe SOLAR PLAIN AFTER Solar ORIGINAL PLAN t 1 30% O 0 11 30% t 12 24 67% l SOLAR PLAN 2e 72% O O 20 72% 2 e 30 1 100% IDAHO SOLAR ACCESS PROGRAM ® D a o........ w w.......,a.. e~... The Bertkendorf Associates Nolm+ COMPARATIVE ANALYSIS OF SOLAR REDESIGN S22 SW FMk A.. Sw... k„ 9T~M1 gocon6 PLAT NM 3: BOISE F b B BASIC SOLAR PARCELS KEY ANALYSIS Land = -a- I ORKW"L PLAN 11 3e 3.3 10.283 6.270 13.775 23 13 1900 SOLAR PLAN 11 38 3.3 10.285 8.000 14.000 23 11 1900 r -J NON-SOLAR PARCELS r L EJ PARCELS LOST TO VEGETATION PARCELS LOST TO SLOPE 2' CONTOUR INTERVAL L?] OPTION -2 SOLAR PARCELS r i_3J, OPTION -3 SOLAR PARCELS i t >8 xo X W W- 8 J 81 `1 s Q, z FiV O O 'w ~ qr 41;.- g s, aTArsoao_. ~i e F rI If~ m {!i s s !i xx H < J Z ~ < a g S2 N Z a Q o z LU U- 0 Z Q t M c 0 U Q 9 001 c u 0 d Cl) Q W u C) E Q 0 ~ g Q s° J Om co N a g a _j~ 6 xc g ~ o o •1~~. 0 65~: N N ; ; Y IJiLJL.ILJLJU STANFORD AVE. W S N 3 44 i f N d w A V O N N C~ SOLAR ACCESS ORDINANCE FOR NEW DEVELOPMENT Steering Committee Final ]Draft Revisions Adopted November 2, 1989 Section 1. Purpose. The purposes of the solar access ordinance for new development are to ensure that land is divided so that structures can be oriented to maximize solar access and to minimize shade on adjoining properties from structures and trees. Section 2. Applicability. The solar design standard in Section 3 shall apply to applications for a development to create lots in [list urban single family zones] zones and for single family detached dwellings in any zone, except to the extent the approval authority finds that the applicant has shown one or more of the conditions listed in Sections 4 and 5 exist, and exemptions or adjustments provided for therein are warranted. At least 80 percent of the lots in a development subject to this 1. Has a north-south dimension of 90 feet or more; and 2. Has a front lot line that is oriented within 30 degrees of a true east-west axis. B. Protected Solar Building Line Option (see Figure 10). In the alternative, a lot complies with Section 3 if a solar building line is used to protect solar access as follows: 1. A protected solar building line is designated on the plat or'- documents recorded with the plat; and 2. The protected solar building line is oriented within 30 degrees of a true east-west axis; and 3. There is at least 70 feet between the protected solar building line and the middle of the north-south dimension of the lot to the south, measured along a line perpendicular to the protected solar building line; and 4. There is at least 45 feet between the protected solar building line and the- northern edge of the buildable area of the lot, or habitable structures are situated so that at least 80 per cent of their south-facing wall will not be shaded by structures or non-exbmpt vegetation. C. Performance Option. In the alternative, a lot complies with Section 3 if: 1. Habitable structures built on that lot will have their long axis oriented within 30 degrees of a true east-west axis, and at least 80% of their ground floor south wall will protected from shade by structures and non-exempt trees us* - - - g- iate deed restrictions: or 2. Habitable structures built on that lot will have orient at least 32% of their glazing and Al least 500 square feet of their roof area IQ *49G 1.-faces within 30 degrees east or west of true south, and that lazing and roof area are is protected from shade by structures and non- exempt trees using appropriate deed restrictions. Page 1 - Solar Access Ordinance for New Development Steering Commee Final Draft Revisions (11/1/89) A. Basic Requirement (see Figure 9). A lot complies with Section 3 if it: Section 4. Exemptions from Design Standard. A development is exempt from Section 3 if the [approval authority] finds the applicant has shown that one or more of the following conditions apply to the site. A development is partially exempt from Section 3 to the extent the [approval authority] finds the applicant has shown that one or more of the following conditions apply to a corresponding portion of the site. If a partial exemption is granted for a given development, the remainder of the development shall comply with Section 3. A. Slopes. The site, or a portion of the site for which the exemption is sought, is sloped 20 per cent or more in a direction greater than 45 degrees east or west of true south,based on a topographic survey by a licensed professional land surveyor or USGS or other officially recognized topographic informaggn. B. Off-site shade. The site, or a portion of the site for which the exemption is sought, is within the shadow pattern of off-site features, such as but not limited to structures, topography, or non-exempt vegetation, which will remain after development occurs on the site from which the shade is originating. 1. Shade from an existing or approved off-site dwelling in a single family residential zone and from topographic features is assumed to remain after development of the site. 2. Shade from an off-site structure in a zone other than a single family residential zone is assumed to be the shadow pattern of the existing or approved development.thereon or the shadow pattern that would result from the largest structure allowed at the closest setback on adjoining land, whether or not that structure now exists. 3. Shade from off-site vegetation is assumed to remain after development of the site if.- the trees that cause it are situated in a required setback; or they are part of a developed area, public park, or legally reserved open space; or they are in or separated from the developable remainder of a parcel by an undevelopable area or feature; or they are part of landscaping required pursuant to local law. 4. Shade from other off-site sources is assumed to be shade that exists or that will be cast by development for which applicable local permits have been approved on the date a complete application for the development is filed. C. On-site shade. The site, or a portion of the site for which the exemption is requested, is: 1. Within the shadow pattern of on-site features such as, but not limited to structures and topography which will remain after the development occurs; or 2. Contains non-exempt trees at least 30 feet tall and more than 6 inches in diameter measured 4 feet above the ground which have a crown cover over at least 80% of the site, or the relevant portion. The applicant can show such crown cover exists using a scaled survey or an aerial photograph. If granted, the exemption shall be approved subject to the condition that the applicant preserve at least 50% of the tees crown cover that cause.1 the shade that warrants the exemption. The applicant shall file a note on the plat or other documents in the Office of the County Recorder binding the applicant to comply with this requirement The (city/county) shall be made a party to any covenant or restriction created to enforce any provision of this ordinance. The covenant or restriction shall not be amended without written (city/county) approval. Page 2 - Solar Access Ordinance for New Development Steering Comm'ee Final Draft Revisions (1]/1/89) Section 5. -Adjustments to Design Standard. The [approval authority] shall reduce the percentage of lots that must comply with Section 3 to the minimum extent necessary if it finds the site GhamGte applicant has shown it would cause or is subject to one or more of the following conditions. apply A. Adverse impacts on density and cost or amenities. _L If the design standard in Section 3A is applied, either the resulting density is less than that proposed, or on-site site development costs (e.g. grading, water, storm drainage and sanitary systems, and road) and solar related off-site site development costs are at least 5% more per lot than if the standard is not applied The following conditions, among others, could constrain the design of a development in such a way that compliance with Section 3A would reduce density or increase per lot costs in this manner. The applicant shall show which if any of these or other similar site characteristics apply in an application for a development. a. The portion of the site for which the adjustment is sought has a natural grade that is sloped 10 per cent or more and is oriented greater than 45 degrees east or west of true south based on a topographic survey of the site by a professional land surv..jor gr USGS or other officially recognized topog=hic information. b. There is a significant natural feature on the site, identified as such in the comprehensive plan or development ordinance, that prevents given streets or lots from being oriented for solar access, and it will exist after the site is developed. c. Existing road patterns must be continued through the site or must terminate on-site to comply with applicable road standards or public road plans in a way that prevents given streets or lots in the development from being oriented for solar access. d An existing public easement or right-of-way prevents given streets or lots in the development from being oriented for solar access. 2 If the design standard in Section 3A applies to a given lot or lots, significant development amenities that would otherwise benefit the lot(s) will be lost or impaired Evidence that a significant dimunition in the market value of the lot(s) would result from having the lot(s) comply with Section 3A is relevant to whether a significant development amenity is lost or impaired. [Refer to amenities that qualify or to relevant comprehensive plan provisions or inventories.] Q-B. Impacts of existing shade. The shadow pail ram tenon-exempt trees--least 39 cover over at least 80% of the lot and at least 50% of the GFGVM rsoves shadow pattern will remain after development of the lot. The applicant can show Lhg shadow pattern using a scaled survey of non-exempt trees on the site or using an aerial photograph. Page 3 - Solar Access Ordinance for New Development Steering Comm'ee Final Draft Revisions (1111/84) 1. Shade from non-exempt trees is assumed to remain if. the trees are situated in a required setback; or they are part of an existing or proposed park, open space, or recreational amenity, or they are separated from the developable remainder of their parcel by an C _ undevelopable area or feature; or they are part of landscaping required pursuant to local law; and they do not need to be removed for a driveway or other development. The applicant shall file a note on the plat or other documents in the office of the County Recorder binding the applicant and subsequent purchasers to comply with the future shade protection standards in Section 6. The (city/county) shall be made a party of any covenant or restriction created to enforce any provision of this ordinance. The covenant or restriction shall not be amended without written (city1county) approval. Section 7. Application. An application for approval of a development subject to this ordinance shall include: A. Maps and text sufficient to show the development complies with the solar design standard of Section 3, except for lots for which an exemption or adjustment from Section 3 is requested, including at least: 1. The north-south lot dimension and front lot line orientation of each proposed lot. 2. Protected solar building lines and relevant building site restrictions, if applicable. 3. For the purpose of identifying trees exempt fiom Section 6, a map showing existing trees at least 30 feet tall and over 6 inches diameter at a point 4 feet above grade, indicating their height, diameter and species, and stating that they are to be retained and are exempt. 4. Copies of all private restrictions relating to solar access. % B. If an exemption or adjustment to Section 3 is requested, maps and text sufficient to show that given lots or areas in the development comply with the standards for such an exemption or adjustment in Section 4 or 5, respectively. Section 8. Process. (Note. Local Governments should provide a cross-reference to their appropriate code sections that describe the procedure to be used to review compliance with the solar access ordinance for new development. Also identify whether an applicant and/or other aggrieved propeny owner can appeal a decision regarding the ordinance, and, if so, what appeal process applies and who is the approval authonryfor the appeal.) Page 4 - Solar Access Ordinance for New Development Steering Commee Final Draft Revisions (11/1/89) 2. Also, to the extent the shade is caused by on-site trees or off-site trees on land owned by the applicant, it is assumed to remain if the applicant files in the office of the County Recorder a covenant binding the applicant to retain the trees causing the shade on the affected lots. SOLAR BALANCE POINT ORDINANCE Steering Committee Final Draft Amendments Adopted November 2, 1989 Section 1. Purpose. The purposes of this ordinance are to promote the use of solar energy, to minimize shading of structures by structures and accessory structures, and, where applicable, to minimize shading of structures by trees. Decisions related to this ordinance are intended to be ministerial. Section 2. Applicability. This ordinance applies to an application for a building permit for all structures in [list urban single family zones] and all single family detached structures in any zone, except to the extent the approval authority finds the applicant has shown that one or more of the conditions listed in sections 5 or 6 exists, and exemptions or adjustments provided for there are warranted. In addition, non-exempt vegetation planted on lots subject to the provisions of Section 6 of the Solar Access Ordinance for New Development shall comply with the shade point height standards as provided in sections 4 and 5 of this ordinance. Section 3. Solar Site Plan Required. An applicant for a building permit for a structure subject to this ordinance shall submit a site plan that shows;. A. T1he maximum, shade point height allowed under section 4; the aRewed shade en the B If the maximum shad6 int height is adjusted pursuant to section 4.A.2, the averagg elevation of the rear p=CM line : and applicable, solar balance point for the structure as provided in section 8. Section 4. Maximum Shade Point Height Standard. The height of the shade point shall comply with either subsection A or B below. A. Basic Requirement. 1. The height of the shade point shall be less than or equal to the height specified in Table A or computed using the following formula. The height of the shade point shall be elevation at the midpoint of the front lot line If necessary interpolate between the 5 foot dimensions listed in Table A. H= (2 x SRL) - N + 150 5 Where: H = the maximum allowed height of the shade point (see Figures 4 and 5); SRL = shade reduction line (the distance between the shade point and the northern lot line, see Figure 6); and N = the north-south lot dimension, provided that a north-south lot dimension more than 90 feet shall use a value of 90 feet for this section. Page 1 - Solar Balance Point Ordinance Steering Comm'ee Fatal Draft Revisions (11/1/89) 2. Provided, the maximum allowed height of the shade point may be increased one foot above the amount calculated using the formula or Table A for each foot that the average grade at the rear property line exceeds the average grade at the front property line Distance to North-south lot dimension (in feet) Shade 100+ 95 90 85 80 75 70 65 60 55 50 45 40 Reduction Lane from northern lot line (in feet) 70 40 40 40 41 42 43 44 65 38 38 38 39 40 41 42 43 60 36 36 36 37 38 39 40 41 42 55 34 34 34 35 36 37 38 39 40 41 50 32 32 32 33 34 35 36 37 38 39 40 41 42 45 30 30 30 31 32 33 34 35 36 37 38 39 48 40 28 28 28 29 30 31 32 33 34 35 36 37 38 35 26 26 26 27 28 29 30 31 32 33 34 35 36 30 24 24 24 25 26 27 28 29 30 31 32 33 34 25 22 22 22 23 24 25 26 27 28 29 30 21 32 20 20 20 20 21 22 23 24 25 26 27 28 29 30 15 18 18 18 19 20 21 22 23 24 25 26 27 28 10 16 16 16 17 18 19 20 21 22 23 24 25 26 5 14 14 14 15 16 17 18 19 20 21 22 23 24 B. Performance Option. The proposed structure, or applicable non-exempt vegetation, will shade not more than 20 per cent of the south-facing glazing of existing habitable structure(s), or, where applicable, the proposed structure or non-exempt vegetation comply with section 3B or 3C of the Solar Access Ordinance for New Developement. If section 3B, Protected Solar Building Line, is used, non-exempt trees and the shade point of structures shall be set back from the protected solar building line 2-5 feet for every 1 foot of height of the structure or of the mature height of non-exempt vegetation over 2 feet. Section S. Exemption from the Maximum Shade Point Heieht Standard. The [approval ~diority] shall exempt a pry stnacl m or non-exempt vegetation from sections 3 and 4 of this ordinance if the applicant shows that one or more of the conditions in this section exist, based on plot plans or plats, comer elevations or other topographical data, shadow patterns, suncharts or photographs, or other substantial evidence submitted by the applicant. A. Exempt LoL When created the lot was subject to the Solaf Access Ordinance for New Development and was not subject to the provisions of section 6 of that ordinance. B. Pre-existing shade. The structure or applicable non-exempt vegetation will shade an area that is shaded by one or more of the following. 1. An existing or approved building or structure; 2. A topographic feature; or l Page 2 - Solar Balance Point Ordinance Stewing Comm'ee Final Draft Revisions (II/l/89) 3. A non-exempt tree that will remain after development of the site. It is assumed a tree will remain after development if it: is situated in a building setback required by local law; is part of a developed area or landscaping required by local law, a public park or landscape strip, or legally reserved open space; is in or separated from the developable remainder of a parcel by an undevelopable area or feature; or is on the applicant's property and not affected by the development. A duly executed covenant also can be used to preserve trees causing such shade. C. Slope. The site has an average slope that exceeds 20 percent in a direction greater than 45 degrees east or west of true south based on a topographic survey by a licensed professional land surveyor or USGS or other officially recognized topographic information. D. Insignificant benefit. The proposed structure or non-exempt vegetation shades one or more of the following: 1. An undevelopable area; 2. The wall of an unheated space, such as a typical garage; eF 3. Less than 20 square feet of south-facing glazing; or 4 An undeveloped lot other than a lot that was subject to the Solar Access Ordinance for New Development. where. a. There are at least four single family detached or attached homes within 250 feet of the lot within the same subdivision or a phase of the subdivision: and b. A maiority of the homes identified in subsection 4.a. above have an average of less than 20 square-feet of south-facing_ lazing= using section 4 to the extent it finds the applicant has shown one or more of the following conditions exist, based on plot plans or plats, corner elevations or other topographical data, shadow patterns, suncharts or photographs, or other substantial evidence submitted by the applicant. A. Physical conditions.. Physical conditions preclude development of the site in a manner that complies with section 4, due to such things as a lot size less than 3000 square feet, unstable or wet soils, or a drainage way, public or private easement, or right of way. B. Conflict between the Maximum Shade Point Height and Allowed Shade on the Solar Feature Standards. A proposed structure may be sited to meet the solar balance point standard described in section 8 or be sited as near to the solar balance point as allowed by section 8, if: 1. When the proposed structure is sited to meet the maximum shade point height standard determined using section 4, its solar feature will potentially be shaded as determined using section 7; and Page 3 - Solar Balance Point Ordinance Steering Comm'ee Final Draft Revisions (11/l/89) E. Public Improvement. The proposed structure is a publicly owned improvement. 2. The application includes a form provided for that purpose by the (city/county] that: l a. Releases the applicant from complying with section 4 and agrees that the proposed structure may shade an area otherwise protected by section 4. b. Releases the (citylcounryl from liability for damages resulting from the adjustment; and c. Is signed by the owner(s) of the properties that would be shaded by the proposed structure more than allowed by the provisions of section 4. 3. Before the (city/county) issues a pemiit for a proposed structure for which an adjustment has been granted pursuant to section 6(B), the applicant shall file the form provided for in subsection B.2 above in the office of the county recorder with the deeds to the affected properties. Section 7. Analysis of Allowed Shade on Solar Feature A. B. Applicants shame are encouraged to design and site a proposed habitable structure so that the lowest height of any solar feature(s) will not be shaded by buildings or non-exempt trees on lot(s) to the south The applicant should complete the following calculation procedt#e to determine if solar feature(s) of the proposed structure will be shaded. To start, the applicant should choose which of the following sources of shade originating from adjacent lot(s) to the south to use to calculate the maximum shade height at the north property line: 1. Existing structure(s) or non-exempt trees; or 2. The maximum shade that can be cast from future buildings or non-exempt trees, based on Table G If the lot(s) to the south can be further divided, then the north-south dimension ja 6heuld-be assumed to be the minimum lot width required for a new lot in that zone. C. The height of the lowest point of any solar feature of the proposed structure is slle331d he calculated with respect to either the average elevation or the elevation at the midpoint of the front lot line of the lot to the south D. The applicant can should determine the height of the shadow that may be cast upon the applicant's solar feature by the source of shade selected in subsection B by using the following formula or Table B. SFSH = SH - (SGQM5) Where: SFSH = the allowed shadow height on the solar feature (see Figure 8) SH = the height of the shade at the northern lot line of lot(s) to the south as determined in Section 7B SGL = the solar gain line (the distance from the solar feature to the northern lot line of adjacent lot(s) to the south, see Figure 7) Page 4 - Solar Balance Point Ordinance Steering Cornm'ee Final Draft Revisions (11/1/89) TABLE B MAXIM UM PERMI TTED HEIGHT OF SHADOW AT SOLAR FEA TURE (feed Distance from Al lowed Shade Height at Northern Lot Line Solar Gain Line of Adjacent Lot(s) to the South (feet) to lot line (feet) 18 17 16 15 14 13 1 2 22 21 20 19 50 2 1 45 4 3 2 1 40 6 5 4 3 2 1 35 8 7 6 5 4 3 2 1 30 25 10 12 9 11 8 10 7 6 5 4 3 9 8 7 6 5 2 4 1 3 2 20 14 13 12 11 10 9 8 7 6 5 4 6 15 16 15 14 13 12 11 10 9 8 7 9 8 10 5 18 20 17 19 16 18. 15 14 13 12 11 17 16 15 14 13 10 12 11 10 Table C may be used to determine (SH) in the above formula. North-south lot dimension of adjacent 100 95 90 85 80 75 70 65 60 55 50 45 40 lots to the south Allowed shade height at the north 12 12 12 13 14 15 16 17 18 19 20 21 22 property line of adjacent lot(s) to south _ E. If the allowed shade height on the solar feature calculated in subsection D is higher than the lowest height of the solar feature calculated in subsection C, the applicant shall be encouraged to consider changes to the house design or location which would make it practical to locate the solar feature so that it will not be shaded in the future. Section 8. Solar Balance Point. If a structure does not comply with maximum shade point height standard in section 4 an d the allowed shade on a solar feature standard in Section 7, then the solar balance point of the lot shall be calculated (see Figure 8). The solar balance point is the point on the lot where a structure would be the same from complying with both of these standards. ` Section 9. Yard Setback Adjustment. The [city/county] shall grant an adjustment to the side, front and/or rear yard setback requirement(s) by up to 50%5 if necessary to build a proposed structure so it complies with either the shade point height standard in section 4, the allowed shade on a solar feature standard in section 7, or the solar balance point standard in section 8 as provided herein (see Figure 8). This adjustment is not intended to encourage reductions in available solar access or unnecessary modification of setback requirements, and shall apply only if necessary for a structure to comply with the applicable provisions of this chapter. [The following list illustrates yard adjustments permitted under this section:] A. [R51 Zone(s): 1. A front yard setback may be reduced to not less than [10] feet. 2. A rear yard setback may be reduced to not less than [101 feet. 3. A side yard setback may be reduced to not less than [31 feet. Page 5 - Solar Balance Point Ordinance Steering Comm'ee Final Draft Revisions (11/1/89) B. [R71 Zone(s): 1. A front yard setback may be reduced to not less than [101 feet. 2. A rear yard setback-may be reduced to not less than 1101 feet. 3. A side yard setback may be reduced to not less than 13] feet. C. [RIO] Zone(s): 1. A front yard setback may be reduced to not less than 1151 feet. 2. A rear yard setback may be reduced to not less than 1151 feet. 3. A side yard setback may be reduced to not less than 151 feet. Section 10. Review process. [Cross-reference to existing processes for reviewing zoning code compliancel Page 6 - Solar Balance Point Ordinance Steering Comm'ee Final Draft Revisions (11/1/89) SOLAR ACCESS PERMIT ORDINANCE Section 1. Purpose. The purpose of this ordinance is to protect solar access to solar features on lots. designated or used for a single family detached dwelling under some circumstances. It authorzes owners of such lots to apply for a permit that, if granted, prohibits solar features from being shaded by certain future vegetation on and off the permittee's site. Section 2. Applicability. An owner or contract purchaser of property may apply for and/or be subject to a solar access permit for a solar feature if that property is in a (lisr urban single family residential ronesl, or is or will be developed with a single family dwelling. The (city'slcounry's j decision whether or not to grant a solar access permit is intended to be ministerial Approval standards for a solar access permit. The (responsible approve an application for a solar access permit if the applicant shows: A. The application is complete; B. The information it contains is accurate; and C. Non-exempt vegetation on the applicant's property does not shade the solar feature. Section 4. Duties created by solar acceis permit. A. A parry to whom the /citv/counryJ grants a solar access permit shall: L Record the permit. legal descriptions of the properties affected by the permit, the solar access height limit, and the site plan required in section 5.C with such modifications as requited by the (responsible qfficialJ in the office of the county recorder with the deeds to the properties affected by it, indexed by the names of the owners of the affected properties, and pay the fees for such filing, 2. Install the solar feature in a timely manner as provided in Section 8; and 3. Maintain non-exempt vegetation on the site so it does not shade the solar feature. B. An owner of property burdened by a solar access permit shall be responsible and pay all costs fctr keeping non-exempt vegetation from exceeding the solar access height limit. However, vegetation identified as exempt on the site plan required in section 5.C, vegetation an owner shows was in the ground on the date an application for a solar access permit is filed, and solar friendly vegetation are exempt from the solar access permit. Section S. Application contents. An application for a solar access permit shall contain the following information: A. A legal description of the applicant's lot and a legal description, owners' names, and owners' addresses for lots all or a portion of which are within 150 feet of the applicant's lot and 54 degrees east and west of true south measured from the east and west comers of the applicant's south lot line. The records of the (responsible agency) shall be used to determine who owns property for purposes of an application. The failure of a property owner to receive notice shall not invalidate the action if a good faith attempt was made to notify all persons who may be affected. Page r Solar Access Permit Ordinance B. A scaled plan of the applicant's property showing: 1. Vegetation in the ground as of the date of the application if, when mature, that vegetation could shade the solar feature. 2. The approximate height above grade of the solar feature. its location, and its orientation relative to true south. C. A scaled plan of the properties on the list required in subsection A above showing: 1. Their approximate dimensions; and 2. The approximate location of all existing vegetation on each property that could shade the solar feature(s) on the applicant's property. D. For each affected lot, the requested solar access height limit. The solar access height limit is a series of contour lines establishing the maximum permitted height for non-exempt vegetation on lots affected by a Solar Access Permit (see Figure 11). The contour lines begin at the bottom edge of a solar feature for which a permit is requested and rise in five foot increments at an angle to the south not less that 21.3 degrees from the horizon and extend not more than 54 degrees east and west of true south. Notwithstanding the preceeding, the solar access height limit at the northern lot line of any lot burdened by a solar access permit shall allow non-exempt vegetation on that lot whose height causes not more shade on the benefitted property than could be caused by a structure that complies with the Solar Balance Point Ordinance for existing lots. lw A fee as required by [appropriare reference]. ` F. If available, a statement signed by the owner(s) of some or all of the property(ics) to which the permit will apply if granted verifying that the vegetation shown on the plan submitted pursuant to section 5.C above accu=dy represents vegetation in the ground on the date of the application. The [city/coumyj shall provide a form for that purpose. The signed statements provided for herein are permitted but not required for a complete application. Section 6. Application review process. A. Unless waived by the [responsible official j, prior to filing an application for a solar access permit, an applicant or applicant's representative shall pay the fee required in section (appropriate reference m fee schedule) and meet with the [responsible fikkd j or his or her designate to discuss the proposal and the requirements for an application. If a meeting is held, the [responsible offlciW j shall convey a written summary of the meeting to the applicant by mail within 5 calendar days of the meeting. B. After the pre-application meeting is held or waived, the applicant may file an application containing the information required in section 5 above. C. Within 7 calendar days after an application is filed, the [responsible offl all or his or her designate shall determine whether the application is complete and if it is not complete notify the applicant in writing, and specify what is required to make it complete. Page 2 Solar Access Permit Ordinance D. Within 14 calendar davs after the [responsible official] decides an application for a solar access permit is complete. the [responsible official) or his or her desimiate shall issue a written decision tentatively approving or denying the request, together with reasons therefore, based on the standards of section 3. 1. If the tentative decision is to deny the permit, the [responsible official] shall mail a copy of the decision to the applicant. 2. If the tentative decision is to approve the permit, and the owners of all affected properties did verify the accuracy of the plot plan as permitted under section 5.F, the [responsible official) shall mail a copy of the decision to the applicant and affected patties by certified mail. return receipt requested. 3. If the tentative decision is to approve the permit, and the owners of all affected properties did not verify the accuracy of the plot plan as permitted under section 5.F, the [responsible effiial] shall send a copy of the tentative decision to the applicant and to the owners of affected properties who did not sign the verification statement pursuant to section 5.F by certified mail, return receipt requested. If the [responsible official] determines that the owners of a given property affected by the permit are not the occupants of that property, then the [responsible offickdi also shall send a copy of the notice to the occupants of such property. a. The notice sent to the applicant shall include a sign that says a solar access permit for the property has been tentatively approved, and that informs readers where to obtain more information about it. The applicant shall be instructed to conspicuously post the sign.so it is visible from right-of-way adjoining the property, and to sign and return a form provided by the [responsible official] certifying that the sign was posted as provided herein not more than 14 days after the tentative decision was mailed. b. The notice shall include the plot plans required in sections 5.B and C above, the proposed solar access height limits, and duties created by the permit. c. The notice shall request recipients to verify that the plot plan shows all non- exempt vegetation on the recipient's property, and to send the [responsible offlCClal7 comments in writing within 14 calendar days after the tentative decision is mailed if the recipient believes the applicant's plot plan is inaccurate. 4. within 28 days after notice of a tentative decision is trailed to affected parties, the [responsible official] shall consider responses received from affected parties and/or ap inspection of the site, modify the plot plan and the permit to be consistent with the accurate information, and issue a final decision. The [responsible official] shall send a copy of the permit and solar access height limits to the owners of each property affected by the permit by certified mail, return receipt requested. E. If the application is approved, the applicant shall record the permit, associated solar access height limits, legal descriptions for the affected properties, and the site plan required in section 5.C with such modifications as required by the [responsible official/ in the office of the county recorder with the deeds to the properties affected by it before the permit is effective. Page 3 Solar Access Permit Ordiaawe Section 7. Permit enforcement process. A. Enforcement request. A solar access perminee may request the (city/coungj to enforce the solar access permit by providing the following information to the (responsible q f iciall: 1. A copy of the solar access permit and the plot plans submitted with the permit: and 2. The legal description of the lot(s) on which alleged non-exempt vegetation is situated. the address of the owner(s) of that property, and a scaled site plan of the lot(s) showing the non-exempt vegetation; and 3. Evidence the vegetation violates the solar access permit, such as a sunchart photograph, shadow pattern. and/or photographs. B. Enforcement process. If the (responsible official] determines the request for enforcement is complete, he or she shall initiate an enforcement action pursuant to (insert the appropriate reference to the jurisdiction's existing zoning enforcement process). Provided the (responsible official) shall not enforce the permit against vegetation the owner of which shows was in the ground on the date the permit application was filed with the (citylcounty]. Section 8.:)xpiration and extension of a solar access permit. A. Expiration. Every permit issued by the (responsible offtciall under the 4 provisions of this ordinance shall expire if the construction of the solar feature protected by such permit is not commenced within 180 days from the date of such permit, or if the construction of the solar feature protected by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be nxammenced, a new permit shall be first obtained to do so, and the fee therefor shall be one half the amount requited for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. If the pemtittee does not show construction of the solar feature will be started within 180 days of the date of the permit or the extension, or if the solar feature is removed, the (responsible official j shall terminate the permit by recording a notice of expiration in the office of the county recorder with the deeds w the affected properties. B. Extension. Any permittee holding an unexpired permit may apply for an extension of the tithe within which he or she may commen= work under that permit when he or she is unable to commence work within the time required by this section for good and samsf1actory reasons. The (responsible o icfall may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the pernittee showing that . beyond the control of the permiuee have prevented action from being taken. No permit shall be extended amore than once. Page 4 Solar Access Permit Ordinance SOLAR ACCESS ORDINANCE DEFINITIONS Steering Committee Final Draft Revisions Adopted November 2, 1989 Crown Cover: The area within the drip line or perimeter of the foliage of a tree. Development: Any short plat, partition, subdivision or planned unit development that is created under the (city's/county's) land division or zoning regulations. Exempt tree or vegetation: The full height and breadth of vegetation that the [responsible official J has identified as "solar friendly" and listed in [appropriate reference]; and any vegetation listed on a plat map, a document recorded with the plat, or a solar access permit as exempt. Front lot ling, For purposes of the solar access regulations, a lot line abutting a street. For comer lots the front lot line is that with the narrowest frontage. When the lot line abutting a street is curved, the front lot line is the chord or straight line connecting the ends of the curve. For a flag lot, the front lot line is the shortest lot line adjoining the pole portion of the lot, excluding the pole unbuildable portion of the let pole (see Figure 1). Non-exempt tree or vegetation: Vegetation that is not exempt. Northern lot line: The lot line that is the smallest angle from a line drawn east-west and intersecting the northernmost point of the lot, excluding the pole portion of a flag lot. If the north line adjoins an undevelopable area other than a required yard area, the northern lot line shall be at the north edge of such undevelopable area. If two lot lines have an identical angle relative to a line drawn east-west. or if the northern lot line is less than 35 feet, then the northern lot line shall be a line 40 35 feet in length within the lot parallel with and at a maximum distance from the front lot . line (see Figure 2). North-south dimension: The length of a line beginning at the mid-point of the northern lot line and extending in a southerly direction perpendicular to the northern lot line until it reaches a property boundary (see Figure 3). Protected solar building line: A line on a plat or map recorded with the plat that identifies the location on a lot where a point two feet above may not be shaded by structures or non-exempt trees (see Figure 10). Shade: A shadow cast by the shade point of a structure or vegetation when the sun is.at an altitude of 21.3 degrees and an azimuth ranging from 22.7 degrees east and west of true south. Shade point: The part of a structure or non-exempt tree that casts the longest shadow onto the adjacent northern lot(s) when the sun is at an altitude of 21.3 degrees and an azimuth ranging from 22.7 degrees east and west of true south; except a shadow caused by a narrow object such as a mast or whip antenna, a dish antenna with a diameter of 3 feet or less, a chimney, utility pole, or wire. The height of the shade point shall be measured from the shade point to either the average elevation at the front lot line or the elevation at the midpoint of the front lot line. If the shade point is located at the north end of a ridgeline of a structure oriented within 45 degrees of awe north- south line, the shade point height computed according to the preceding sentence may be reduced by 3 feet. If a structure has a roof oriented within 45 degrees of awe east-west line with a pitch that is flatter than 5 feet (vertical) in 12 feet (horizontal) the shade point will be the eave of the roof. If such a roof has a pitch that is 5 feet in 12 feet or steeper, the shade point will be the peak of the roof (see Figures 4 and 5). Page 1 - Solar Access Ordinance Definitions Steering Comm'ce Final Draft Revisions (11/1/89) Shade reduction line: A line drawn parallel to the northern lot line that intersects the shade point (see Figure 6). Shadow o_ r A graphic representation of an area that would be shaded by the shade point of a structure or vegetation when the sun is at an altitude of 21.3 degrees and an azimuth ranging between 22.7 degrees east and west of true south (see Figure 12). Solar access height limit: A series of contour lines establishing the maximum permitted height for non-exempt vegetation on lots affected by a Solar Access Permit (see Figure 11). Solar access permit: A document issued by the [city/county] that describes the maximum height that non-exempt vegetation is allowed to grow on lots to which a solar access permit applies. Solar feature: A device or combination of devices or elements that does or will'use direct sunlight as a source of energy for such purposes as heating or cooling of a structure, heating or pumping of water, and generating electricity. Examples of a solar feature include a window or windows that contain(s) at least 20 square feet of glazing oriented within 45 degrees east and west of true south, a solar greenhouse, or a solar hot water heater. A solar feature may be used for purposes in addition to collecting solar energy, including but not limited to serving as a structural member or part of a roof, wall, or window. A south-facing wall without windows and without other features that use solar energy is not a solar feature for purposes of this ordinance. Solar gain line: A line parallel to the northern property line(s) of the lot(s) south of and adjoining a given lot, including lots separated only by a street, that intersects the solar feature on that lot (see Figure 7). South or South Facing: True south, or 20 degrees east of magnetic south. n h r : One or more photographs that plot the position of the sun between 10:30 am and 1:30 pm on January 21, prepared pursuant to guidelines issued by the [responsible official]. The sunchart shall show the southern skyline through a transparent grid on which is imposed solar altitude for a 45-degree and 30 minute northern latitude in 10-degree increments and solar azimuth from true south in 15-degree increments. Undevelonable area: An area that cannot be used practicably for a habitable structure, because of natural conditions, such as slopes exceeding 20% in a direction greater than 45 degrees east or west of true south, severe topographic relief, water bodies, or conditions that isolate one portion of a property from another portion so that access is not practicable to the unbuildable portion; or man- made conditions, such as existing development which isolates a portion of the site and prevents its further development; setbacks or development restrictions that prohibit development of a given area of a lot by law or private agreement or existence or absence of easements or access rights that prevent development of a given area. Page 2 - Solar Access Ordinance Definitions Steering Comm'ee Final Draft Revisions (1111189) f Figure 1 RAG FPCNT FRONT LOT LINE LOT UNE Figure 2 NORTHERN LOT LINE 4 < 45 degrees ` 1 1 t I NORTHERN LOT LINE N E LOT LINE Figure 4 HEIGHT OF THE SHADE POINT OF THE STRUCTURE If the ridgel-ute runs EAST-WEST and the pitch is or flatter than 5 in 12: SHADE POW - SAVE If the ridgeline runs EAST-WEST and the pitch is 5 in 12 or steeper. SHADE POINT. RIDGE i Lossthan 5 in 12 Roof Pitch SHADE POW - EAVE 5 in 12 Roof Pitch or more SHADE POINT RIDGE ORTH-SOUTH RI SHADE If the ridgeline runs NORTH-SOUTH POINT ` measure from the northernmost point of the ridge, but reduce the height measurement by three (3) feet. NORTH -0- t Figure 5 SHADE POINT HEIGHT Measure to average grade at the front lot line. SHADE POINT HEIGHT Front lot line . Figure 6 SHADE REDUCTION LINE Shade Reduction Line measured to Shade Point from Northern Lot Line f Figure 8 SOLAR BALANCE POINT STANDARD MAXIMUM SHADE POINT HEIGHT ALLOWED SHADE ON SOLAR FEATURE Protecting your northern Locating your house neighbor's sun to receive sun on south windows ~ v . v i v v N c~.tnRANTEED XY HEIGHT iv W LOT CENTER ________T0•_______~ C,. 0•-~ 0-11011 Standard Side Setbacks ~5 Reduced Side Setbacks SETBACK ADJUSTMENTS IF NEEDED TO MEET SOLAR STANDARDS C. Figure 10 SOLAR LOT OPTION 2: PROTECTED SOLAR BUILDING LINE t N Protected Solar Buildutg Une within 30 degrees of east west At least 70' between solar buffing One and middle lot to the south. This vdp ensure aWly to build two t story house. t t t h Figure 11 SOLAR ACCESS HEIGHT LIMIT 938 Scotts Avenue ti Parcel A Parcel B Parcel C 944 938 932 `O -t 5' 1 ---'2-25' North V ----------30"---------- --Scotts Ave: 35'---------- ---------------40'-------------- 45' ---55'- -60'------------ 65*--------- -70'--- -75'------------ 80. --Parcel D Parcel E Parcel F aas 937 933 SCALE V s 100' 22.7* EAST & WEST OF NORTH SOUTH AxIS Figure 12 SHADOW PATTERN Home Builders Association of Metropolitan Portland 503/684-1880 503/245-0530 15555 S.W. Bangy Rd., Suite 301 • Lake Oswego, OR 97035 Fax # 503/684-0588 August 7, 1990 Tigard Planning Commission P.O. Box 23397 Tigard, OR 97223 Dear Commissioners: I regret that due to a scheduling conflict I will be unable to attend your public hearing Tuesday evening on the model solar access ordinances. I am writing to comment on the Home Builders Association of Metroplitan Portland's (HBAMP) experience with these ordinances. The HBAMP participated thoroughly in the development of the model ordinances, including the research effort, which provided the foundation for the standards on which the ordinances are based. We believe this level of ✓ participation from the development industry is critical to the development of workable land use ordinances. Further, we support the approach of developing regionally-uniform development standards wherever feasible as a means of reducing the costs of development to the private sector and improving administrative efficiencies for local governments. As you know, we are strong supporters of uniform road standards for Washington County local governments for precisely this reason. While never anxious to increase the amount of regulation imposed on new housing, we endorsed the model solar ordinances because we were satisfied they would work in the field. After nearly two years of implementation in several jurisdictions, and some relatively minor finetuning amendments, the evidence indicates that the ordinances work as expected. The project has conducted an evaluation study, which indicates that the ordinances require, on average, very little administrative processing time. With due respect to the project's evaluation study, however, I place more credibility in my own evaluation system. My system is based on the number of phone calls I get from angry builders. My phone rings when local government actions create nroblems for b"i liar--= T-Af, r,,r,,,=", --4- generate phone calls. Should Tigard make t e policy ci solar access protection program we would encourage you to use these ordinances. One final note: The State of Oregon is in the process of updating its residential energy conversation code. A proposed code developed by the Energy Conservation Board (ECB) provides for energy savings credits for "sun tempered" houses. The proposed code has been drafted so that these energy savings credits would be relatively easy for a house to achieve on a solar lot as defined in the model ordinance's new development standard. The ECB's reaearch indicates that these sun temgered_ houses would realize up- front cost savings of between to re uce i_nsu a ion requirements. We support integrating the Spa an use ordinances and building codes in this manner. Should the final code proposal, which the State adopts include ECB's sun tempered paths the high percentages of solar lots called for in the solar new development ordinance could help to minimize cost impacts to builders of higher insulation requirements. Thank you for the opportunity to comment. arles Hales Director of Governmental Affairs CH/sb r Aug. 7, 1990 City of Beaverton Ed Murphy, Director RECEIVED Community Development Department n UG O 9 City of Tigard 199 P.O. Box 23397 OOMMUNITY Tigard, OR 97223 OEyELOPMENt RE.: Metro Solar Access Ordinances Dear Ed: As a member of the Steering Committee of the Portland-Vancouver Metro Solar Access Project, I am pleased to hear that Tigard is now considering adoption of the ordinances. You asked me for information concerning administration of these ordinances which I am happy to provide. 1. New Development - During the past two years that these ordinances have been in effect in Beaverton, we have processed about 30 subdivisions. There was an initial learning curve, but we have become more proficient in reviewing them, cutting down our processing time. A report prepared by Benkendorf Assoc. in June 1989 reported that, for the jurisdictions which had adopted the ordinances, it took an average of 3.3 minutes/lot to review a subdivision under the new development standard. We have bettered this average to about 1 minute or less per lot with the use of a "solar protractor", or about one hour per average subdivision. At times, we will have to spend more time on the solar issue if a developer is asking for exemptions from the standards. In no case has the solar review resulted in a delay by staff nor have we had to hire additional staff to handle the workload. 2. Solar Balance Point (Infill) - The exact number of lots we have reviewed is not available, but probably approaches 1,000 or more. This review is done by our single family plans examiners and takes less than one minute per lot. Initially, a few lots required major modifications to plans to meet the requirements. Over time, however, designers and builders have become familiar with the requirement and very few plans require more than very minor modifications to a roof line or pitch or minor setback to achieve the standard. Given that a single family plan review takes 2 - 4 hours overall, the solar balance point review is insignificant. 3. Solar Access Permit - To date, only one permit has been processed in the City under this ordinance, and it was successful. I believe it is only one of two processed in the region so far, so it is difficult to determine its impact. I All in all, we have found the ordinances fairly easy to administer, getting easier over time as both staff and the development community get used to the standards and process. Since a lot of the builders in Tigard are the same as those in Beaverton, and they have become familiar with the ordinance, your job should be much easier. 4755 S.W. Griffith Drive, P.O. Box 4755, Beaverton, OR 97076, General Information: (503) 526-2222 An Equal Opportunity Employer I hope this information is useful. If we can provide anything additional, please let me know. Sincerely, Linda L. Davis, AICP Director, Dept. of Planning & Building c: Forrest Soth, Council President Chair, Metro Solar Access Steering Committee yn 18.42.020 Listing of Use Classifications A. Residential Use Types: 5. Group Residential: IW1MBIBIT 043" Refers to the residential occupancy of living units by groups of more than five persons who are not related by blood, marriage or adoption, and where communal kitchen/dining facilities are provided. Typical uses include occupancy of retirement homes, boarding houses, cooperatives and halfway houses, but excluding group care facilities as specified in Subsection 6 of this section; 6. [Group Care Residential:] [Refers to services provided in facilities authorized, certified or licensed by the state to provide board, room, and care to six or more physically disabled, mentally disordered, mentally retarded, handicapped persons, dependents or neglected children, but excluding those uses classified under hospitals. Typical uses include intermediate care facilities and institutions for the mentally retarded and physically handicapped;] Residential Care Facility: Refers to services Provided in facilities licensed by the state to provide board, room, and care to six or more mentally retarded; developmentally disabled; mentally, emotionally, or behaviorly disturbed; physically disabled or socially dependent residents; alcohol or drug dependent persons or any combination of such residents totaling six or more in one or more buildings on contiguous properties. Excluded are those uses classified under hospitals. Typical uses include intermediate care facilities and institutions for the mentally retarded and Physically handicapped; 7. [Residential Care Facility:] Residential Treatment Home: [A residence of five or fewer mentally or physically handicapped with staff (need not be related);] A facility that provides for five or fewer mentally emotionallv or behaviorally disturbed individuals or alcohol or drug dependent Persons residential care and treatment in one or more buildings on contiguous Properties Supervisory staff are required for the operation of the facility. 8. Children's Day Care: [Refers to services or facilities authorized, certified or licensed by the state for children's day care of 13 or more children at any one time for a period not to exceed 12 hours per day with or without compensation. See Subsection it of this section;] A day care facility operated with or without compensation that is certified by the state to care for 13 or more children, or a facility that is certified to care for 12 or fewer children and located in a buildina constructed as other than a single family dwelling Typical uses include nursery schools, preschools,_ kindergartens, child play schools, before or afterschool care facilities or child development centers. [9. Mobile Home: Refers to a structure transportable in one or more sections, each built on a permanent chassis and which is designed to be used for permanent occupancy as a residential dwelling;] [10. Manufactured Home: Refers to a factory-fabricated transportable building which meets the Uniform Building Code which is incorporated with similar structures or units at a building site and used as a dwelling unit;] [11. Babysitting Service:] [Refers to day care services for children if the compensation therefor is paid directly by the parent or legal guardian or if the service is provided without any compensation in either the home of the parent or guardian or the home of the babysitter. A babysitting service provides for care for not more than six children for eight or more hours in a 24-hour period and the service may be provided for not more than four other (part-time) children for not more than three consecutive hours in a 24-hour period. No more than a total of 10 children including the babysitter's children can be present at any one time. Variation from the above constitutes a day care facility. See Subsection 8 of this section;] Includes two tunes of child care service: Family Day Care and Group Day Care Home as defined by Oregon State Statute Family Day Care refers to the provision of day care services for children with or without compensation in the home of the caregiver. Family Day Care may provide care for six or fewer children full-time, with an additional four or fewer full-time or Dart-time children During the school year, a family day care provider may care for four additional day car children on days and during the hours school is not in session. Such children must be at least an age eligible for first grade During summer vacation a family day care provider may care for four additional day care children of any _age uP to a maximum of four hours per day. No more than a total of 10 children including the Drovider•s own children may be present at any one time. A Day Care Group Home is care Provided in the home of the care diver, with or without compensation for seven through 12 children It is subiect to certification by the Children' Services Division Variation from the above constitutes a Child Day Care Center. See Subsection 8 of this section. For the purposes of this section "full-time" is defined as eights or more hours in a 24 hour period "Part-time" is defined as four or fewer hours in a 24-hour riod. 18.46.030 A.3 [Residential care facility] Residential Treatment Home 18.46.040 A.3 [Group care residential] Residential care facility 18.48.030 A.3 [Residential care facilities] Residential treatment home 18.48.040 A.3 [Group care residential] Residential care facility 18.50.030 A.3 [Residential care facilities] Residential treatment home 18.50.040 A.4 [Group care residential] Residential care facility 18.52.030 A.6 [Residential care facilities] Residential treatment home 18.52.040 A.4 [Group care residential] Residential care facility 18.54.030 A.5 [Group care residential] Residential care facility 18.54.030 A.8 [Residential care facilities] Residential treatment home 18.56.030 A.5 [Group care facilities] Residential treatment home 18.56.030 A.8 [Residential care facilities] Residential treatment home 18.58.030 A.6 [Group care residential] Residential care facility 18.58.030 A.9 [Residential care facilities] Residential treatment home 18.60.030 A.2.c [Day care facilities] Children's day care 18.62.030 A.2.g [Day care facilities] Children's day care EXWBIT "C" 18.64.030 A.2.f _ [Day care facilities] Children's day care 18.66.040 A.3 [Day care facilities] Children's day care 18.66.040 A.8 [Group care residential] Residential care facility 18.68.030 A.2.o(ii) [Day care facilities] Children's day care 18.142.020 A.4. [Babysitters] Family Day Care as defined in Subsection 18.42.020.A.[11]9 of this title; and DR/Resident NT "Wr C Chapter 18.84 SENSITIVE LANDS Sections: 18.84.010 Purpose 18.84.015 Applicability of Uses: Permitted, Prohibited, and Nonconforming 18.84.020 Administration and Approval Process 18.84.025 Maintenance of Records 18.84.026 General Provisions for Floodplain Areas 18.84.028 General Provisions for Wetlands 18.84.030 Expiration of Approval: Standards of Extension of Time 18.84.040 Approval Standards 18.84.045 Exception for Development in the 108th/113th Ravine [Significant Wetlands Areas] below the 140 Feet Elevation [18.84.048 Significant Wetlands] 18.84.050 Application Submission Requirements 18.84.060 Additional Information Required and Waiver of Requirements 18.84.070 Site Conditions 18.84.080 The Site Plan 18.84.090 Grading Plan 18.84.100 Landscaping Plan 18.84.010 Purpose C A. Sensitive lands are lands potentially unsuitable for development because of their location within the 100-year floodplain, within natural drainageway, within a wetland area, on steep slopes, or on unstable ground. 8. Sensitive land areas are designated as such to protect the public health, safety, and welfare of the community through the regulation of these sensitive land areas. C. Sensitive land regulations contained in this chapter are intended to maintain the integrity of the rivers, streams, and creeks in Tigard by minimizing erosion, promoting bank stability, maintaining and enhancing water quality, and fish and wildlife habitats, and preserving scenic quality and recreational potentials. D. The regulations of this chapter are intended to implement the comprehensive plan and the Federal Emergency Management Agency's flood insurance program, and help to preserve natural sensitive land areas from encroaching use and to maintain the September 1981 zero-foot rise floodway elevation. 1 E. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study of the City of Tigard," dated September 1, 1981, with accompanying Flood Insurance Maps (updated February, 1984) is hereby adopted by reference and declared to be a part of this chapter. This Flood Insurance Study is on file at the Tigard Civic Center. F. When base flood elevation data has not been provided in accordance with Subsection 18.84.010.[H]E, the Director shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Subsections 18.84.026.1 and J). G. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these sensitive land areas may result in higher insurance rates. H. City actions under this chapter will recognize the rights of C riparian owners to be free to act on the part of the City, its Commissions, representatives and agents, and land owners and occupiers. 1. For the purposes of this chapter, the word "structure" shall exclude: children's play equipment, picnic tables, sand boxes, shelters, grills, [and] basketball hoops and similar recreational eauipment. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) 18_.84.015 Applicability of Uses: Permitted Prohibited and Nonconforming A. Except as provided by Subsection 18.84.015.5, the following uses are outright permitted uses within sensitive land areas: 1. Accessory uses such as lawns, gardens, or play areas, except in wetlands: 2. Agricultural uses conducted without locating a structure within the sensitive land area, except in wetlands; 3. Community recreation uses such as bicycle and pedestrian paths or athletic fields or parks, excluding structures except in wetlands; 2 4. Public and private conservation areas for water, soil, open space, forest, and wildlife resources; 5. Removal of poison oak, tansy ragwort, blackberry, or other noxious vegetation; 6. Maintenance of floodway excluding rechanneling; and 7. Fences, except in the [floodplain] floodwav area. B. Separate permits shall be obtained from the appropriate community development division for the following: 1. Installation of underground utilities and construction of roadway improvements including sidewalks, curbs, streetlights, and driveway aprons; 2. Minimal ground disturbance(s) but no landform alterations; and 3. Repair, reconstruction, or improvement of an existing structure or utility, the cost of which is less than 50 percent of the market value of the structure prior to the improvement or the damage requiring reconstruction provided no development occurs in the floodway. C. Landform alterations or developments within wetland areas that meet the iurisdictional requirements and permit criteria of the U.S. Army Corps of Engineers, Division of State Lands, Unified Sewage Agency, and/or other federal state or regional agencies do not require a sensitive lands permit All other applicable City requirements must be satisfied including sensitive land permits for areas meeting non-wetland sensitive land criteria [C The Hearings officer shall grant a sensitive lands permit upon review of requests for a land form alteration or development within the 100-year floodplain.] [D The following uses and activities are permitted only by a sensitive lands permit granted by the Director: f° 1. A landform alteration or development on slopes of 25 percent or greater and unstable ground; 2. Land form alteration or development of areas outside of the 100-year floodplain within a drainageway where there is year-round water flow, unless: t 3 a. The drainageway is proposed to be incorporated into a public facility of adequate size to accommodate maximum water flow in accordance with the adopted 1981 Master Drainage Plan.] (E]D. A sensitive lands permit approval shall be obtained before construction or development begins within any area of special flood hazard or drainageway as established in Section 18.84.015.B and C. The permit shall apply to all structures including manufactured homes. [F]E. Except as explicitly authorized by other provisions of this chapter, all other uses are prohibited on sensitive land areas. [G]F. A use established prior to the adoption of this title, which would be prohibited by this Chapter or which would be subject to the limitations and controls imposed by this Chapter, shall be considered a nonconforming use. Nonconforming uses shall be subject to the provisions of Chapter 18.132. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 84-36; Ord. 83-52) 18.84.020 Administration and Approval Process A. The applicant for a sensitive lands permit shall be the recorded owner of the property or an agent authorized in writing by the owner. B. A preapplication conference with City staff is required. (See Section 18.32.040.) C. Due to possible changes in state statutes, or regional or local policy, information given by staff to the applicant during the preapplication conference is valid for not more than six months: 1. Another preapplication conference is required if any variance application is submitted more than six months after the preapplication conference; and 2. Failure of the Director to provide any of the information required by this chapter shall not constitute a waiver of the standard, criteria or requirements of the application. D. The Hearings Officer shall approve, approve with conditions, or deny an application for a sensitive lands permit [as set forth in Section 18.84.015.C] within the 100 Year floodplain. The Hearings officer's decision may be reviewed by the Council as provided by Subsection 18.32.310.B. 4 C E. The Director shall approve, approve with conditions, or deny an application for a sensitive lands permit (as set forth in section 18.84.015.D.)for the following: 1. A landform alteration or development on slopes of 25 percent or greater and unstable ground; 2. Landform alteration or development of areas outside the 100 year floodplain within a drainageway where there is year- round water flow, unless the drainageway is proposed to be incorporated into a public facility of adequate size to accommodate maximum water flow in accordance with the adopted 1981 Master Drainage Plan; 3. Landform alteration or development on wetland areas that do not meet the provisions of 18.84.015 C. The decision made by the Director may be appealed to the Commission as provided by Subsection 18.32.310.A. F. The appropriate approval authority shall review all sensitive lands permit applications to determine that all necessary permits shall be obtained from those federal, state, or local governmental agencies from which prior approval is also required. G. The Director shall notify communities adjacent to the affected area and the State Department of Land Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. H. The Director shall require that maintenance is provided within the altered and relocated portion of said watercourse so that the flood-carrying capacity is not diminished. 1. The Hearings Officer and the Director shall apply the standards set forth in Section 18.84.040 when reviewing an application for a sensitive lands permit. J. The Director shall give notice of applications to be heard by the Hearings officer as provided by Section 18.32.130. R. The Director shall mail notice of any sensitive lands application decision to the persons entitled to notice under Section 18.32.120. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) 5 18.84.025 Maintenance of Records C A. Where base flood elevation data is provided through the Flood Insurance Study, the Building official shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. B. For all new or substantially floodproofed structures, the Building official shall: 1. Verify and record the actual elevation (in relation to mean sea level); and 2. Maintain the floodproofing certifications required in this chapter. C. For all new or substantially floodproofed structures, the Director shall: 1. Maintain for public inspection all other records pertaining to the provisions in this chapter. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) 18.84.026 General Provisions for Floodvlain Areas A. The appropriate approval authority shall review all permit applications to determine whether proposed building sites will be safe from flooding. B. All new construction and substantial improvements shall be constructed with materials and utilize equipment resistant to flood damage. C. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. D. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. E. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system in accordance with the Uniform Building Code and Uniform Plumbing Code. 6 F. All new construction, all manufactured homes and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. G. New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters. F H. On-site water disposal systems shall be located to avoid impairment to them or contamination from them during flooding. I. Residential Construction 1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation; and 2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to I automatically equalize hydrostatic flood forces on exterior R walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or must meet or exceed the following minimum r criteria: a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; b. The bottom of all openings shall be no higher than one foot above grade; and c. Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of flood waters. J. Nonresidential Construction } 1. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation, or together with attendant utility and sanitary facilities, shall: a. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 7 i b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; C. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the Building Official as set forth in Subsection 18.84.025.B; and d. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in 18.84.026.1.2. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level). (Ord. 89- 06; Ord. 87-66; Ord. 87-32) 18.84.028 General Provisions for Wetlands A. Wetland regulations apply to those areas meeting the definition of wetland in Chapter 18.26 of the Community Development Code, areas meeting Division of State Lands wetland criteria and to land adiacent to and within 25 feet of a wetland. Wetland locations may include but are not limited to those areas identified as wetlands in "Wetland Inventory and Assessment for the City of Tigard, Oregon", Scientific Resources Incorporated, 1990. B. Precise boundaries may vary from those shown on wetland maps; specific delineation of wetland boundaries may be necessary._ 18.84.030 Expiration of Approval: Standards of Extension of Time A. Approval of a sensitive lands permit shall be void after one-and- one-half years: 1. Unless substantial construction of the approved plan has begun within a two-year period; or 2. If construction on the site is a departure from the approved plan. 8 B. The original approval authority shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year; provided that: 1. No changes are made on the original plan as approved by the approval authority; 2. The applicant can show intent of initiating construction of the site within the one year extension period; and 3. There have been no changes in the facts or the applicable policies and ordinance provisions on which the approval was based. C. The decision of the approval authority may be reviewed by the council as provided by Subsection 18.32.310.8. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) 18.84.040 Approval Standards A. The Hearings Officer shall [make findings that all of the following criteria are satisfied when] approve[ing,] or approve[ing] with conditions[, or denying] an application request within the 100-year floodplain based upon findings that all of the following criteria have been satisfied: 1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any narrowing of the floodway boundary; 2. Land form alterations or developments within the 100-year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses such as athletic fields, children's play areas, or parks shall be allowed in areas designated residential; 3. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100-year flood; 4. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings officer as untimely; 9 5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; and 7. Where land form alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. B. The Director shall [make findings that all of the following criteria are satisfied when] approve[ing,] or approve[ing] with conditions[, or denying] an application request for a sensitive lands permit on slopes of 25 percent or greater or unstable ground based upon findings that all of the following criteria have been satisfied: 1. The extent and nature of the proposed land form alteration x or development will not create site disturbances to an extent greater than that required for the use; - 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; 3. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth-to-bedrock; and 4. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and Screening. 10 C. The Director shall [make findings that all of the following criteria are satisfied when] approve[ing], or approve[ing] with - conditions[, or denying] an application request for a sensitive lands permit within drainageways based upon findings that all of the following criteria have been satisfied: 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to the extent greater than that required for the use; 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; 3. The water flow capacity of the drainageway is not decreased; 4. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and Screening; 5. The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan. C 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. 7. Where landform alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the Comprehensive Plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 86-08; Ord. 84-29; Ord. 83-52) 11 D. The Director shall approve or approve with conditions an • application request for a sensitive lands permit within wetlands based upon findings that all of the following criteria have been satisfied; 1. The proposed landform alteration or development is neither on wetland in an area designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is the within 25 feet of such a wetland; 2. The wetland is not within the iuriediction of the U.S. Army Corps of Engineers, Oregon Division of State Lands, Unified Sewage Agency or other federal, state of regional agency that has regulatory iurisdiction over the wetland; 3. The extent and nature of the proposed landform alteration or development will not create site disturbances to an extent greater than the minimum required for the use; 4. Any encroachment or change in on-site or off-site drainage which would adversely impact wetland characteristics have been mitigated; 5. Where natural vegetation has been removed due to landform alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in accordance with Chapter 18.100, Landscaping and Screening; 6. All other sensitive lands requirements of this chapter have been met; 7. The provisions of Chapter 18.150, Tree Removal, shall be met. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) 8. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the comprehensive plan have been satisfied. 18.84.048 Exception for Development of the 108th/113th Ravine (Significant Wetlands Areal below the 140 Feet Elevation 12 1- A. Under the sensitive lands permit process, the Director may allow portions of the ravine at 108th and 113th, designated as a significant wetlands area, to develop provided that all of the following criteria are met: 1. All of the land (within the ravine) being considered for development is less than 25 percent slope; 2. There are no unstable soil conditions on the land being considered for development; and [3. The provisions of Chapter 18.150, Tree Removal, shall be met. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52)] 3. Applicable provisions of Section 1S.84.040, Sensitive Lands Approval Criteria shall be met [18.84.048 Significant Wetlands] [A. Development is prohibited within all areas designated as significant wetlands on the Floodplain and Wetlands Map. Development on property adjacent to significant wetlands shall be done under the planned development section of the Community Development Code. In addition, no development shall occur on property adjacent to areas designated as significant wetlands on the Floodplain and Wetlands Map within 25 feet of the designated C wetlands area.] 18.84.050 Application Submission Requirements A. All applications shall be made on forms provided by the Director and shall be accompanied by: 1. [Five] [c]Copies of the sensitive lands permit proposal and necessary data or narrative which explains how the proposal conforms to the standards, (number to be determined at the preapplication conference) and: [a. The site plan(s) and required drawings shall be on sheets not exceeding 18 inches by 24 inches unless a larger scale is approved by the Director;] MR. The scale for the site plan(s) shall be a standard engineering scale; and 13 [c)b. All drawings or structure elevations or floor plans shall be a standard architectural scale, being 1/4 inch by 1/8 inch to the foot; 2. A list of the names and addresses of all persons who are property owners of record within 250 feet of the site; and i 3. The required fee. B. The required information may be combined on one map. C. The site plan(s), data and narrative shall include the following: 1. An existing site conditions analysis, Section 18.84.070; 2. A site plan, Section 18.84.080; 3. A grading plan, Section 18.84.090; and 4. A landscaping plan, Section 18.84.100. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) 18_.84.060 Additional Information Required and Waiver of Requirements A. The Director may require information in addition to that required by this chapter in accordance with Subsection 18.32.080.A. B. The Director may waive a specific requirement for information in accordance with Subsections 18.32.080.B and C. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) 18.84.070 Site Conditions A. The site analysis drawings shall include: 1. A vicinity map showing streets and access points, pedestrian and bicycle pathways, and utility locations; 2. The site size and its dimensions; 3. Contour lines at two-foot intervals for grades zero to ten percent and five-foot intervals for grades over ten percent; 4. The location of drainage patterns and drainage courses; 5. The location of natural hazard areas including: a. Floodplains areas (100-year floodplain and floodway); 14 C t f b. Slopes in excess of 25 percent; C. Unstable ground (areas subject to slumping, earth slides or movement); d. Areas having a high seasonal water table within 24 inches of the surface for three or more weeks of the year; e. Areas having a severe soil erosion potential, or as defined by the Soil Conservation Service; and f. Areas having severe weak foundation soils; 6. The location of resource areas as shown on the comprehensive plan inventory map and as required in Section 18.84.035 including: a. Wildlife habitat; and b. Wetlands; 7. The location of site features including: a. Rock outcroppings; and b. Trees with six inches caliper or greater measured four feet from ground level; 8. The location of existing structures on the site and proposed use of those structures. (Ord. 89-06; Ord. 87-66; Ord. 87- 32; Ord. 83-52) 18.84.080 The Site Plan A. The proposed site development plan shall be at the same scale as the site analysis plan and shall include the following information: 1. The proposed site and surrounding properties; 2. Contour line intervals (see Section 18.84.070.A.3); 3. The location, dimensions, and names of all: a. Existing and platted streets and other public ways and easements on the site and on adjoining properties; and 15 b. Proposed streets or other public ways and easements on the site; 4. The location and dimension of: a. Entrances and exits on the site; b. Parking and traffic circulation areas; C. Loading and services areas; d. Pedestrian and bicycle facilities; e. Outdoor common areas; and f. Utilities; 5. The location, dimensions, and setback distances of all: 'r a. Existing structures, improvements, and utilities which are located on adjacent property within 25 feet of the site and are permanent in nature; and e b. Proposed structures, improvements, and utilities on the site; 6. The location of areas to be landscaped; 7. The concept locations of proposed utility lines; and 8. The method for mitigating any adverse impacts upon wetland, riparian, or wildfire habitat areas. (Ord. 89-06; Ord. 87- 66; Ord. 87-32; Ord. 83-52) 18.84.090 Grading Plan A. The site plan shall include a grading plan which contains the following information: 1. Requirements in Sections 18.84.070 and 18.84.080; 2. The identification and location of the benchmark and corresponding datum; 3. Location and extent to which grading will take place indicating contour lines, slope ratios, and slope stabilization proposals; and 16 C_ r 4. A statement from a registered engineer supported by factual data substantiating: a. The validity of the slope stabilization proposals; b. That other off-site impacts will not be created; i C. Stream flow calculations; G d. Cut and fill calculations; and e. Channelization measures proposed. (Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 83-52) 18.84.100 Landscape Plan A. The landscape plan shall be drawn at the same scale as the site analysis plan, or a larger scale if necessary, and shall indicate: 1. Location and height of fences, buffers, and screenings; 2. Location of terraces, decks, shelters, play areas, and common open spaces where applicable; and 3. Location, type, and size of existing and proposed plant materials. B. The landscape plan shall include a narrative which addresses: 1. Soil conditions; and 2. Erosion control measures that will be used. (Ord. 89-06; Ord. 87-66; ord. 87-32; Ord. 83-52) 17 0 1 2 3 4 s 6 e7 8 9 10 11 12 13 17 18 19 20 21 26 27 28 29 30 31 32 33 34 35 36 37 38 39 H B 2863 D1.4 ~ L ,3&<z sufliuent buildable land to satisfy that need. (4) Subsection (3) of this section shall not be construed as an infringement on a local govern. ment's prerogative to: (a) Set approval standards under which a particular housing type is permitted outright; (b) Impose special conditions upon approval of a specific development proposal; or (c) Establish approval procedures. (5) In the areas identified by the needs analysis conducted under subsection (3) of this section, a jurisdiction nu►y adopt any or all of the following placement standards, or any less restrictive standard, for the approval of manufactured homes located outside mobile home parks: ~(~a)) The manufactured home shall be multisectional and inclose a space of not less thou 1,000 square feet. (b) The manufactured home shall be placed on an excavated and back-filled foundation and inclosed at the perimeter such that the manufactured home is located not more than la inches above grade. (c) The manufactured home shall have a pitched roof, except that no standard shall re- quire a slope of greater than three feet in height for each 12 feet in width. (d) The manufactured home shall have exterior siding and roofing which in color, mate- rial and appearance is similar to the exterior aiding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant ma- terials used on surrounding dwellings as determined by the local permit approval authority.; (e) The manufactured home shall I en t4fied- 4o have an exterior thermal envelope meeting performance standards which reduce levels equivalent to the performance standards required of single-family dwellings constructed under the state building code as defined in ' ORS 453.010 M The manufactured home shall have a garage or carport constructed of like materials. A Jurisdiction may require an attached or detached garage in lieu of a carport where such is consistent with the predondnant construction of immediately surrounding dwellings. (g) In addition to the provisions in paragraphs (a) to (t) of this subsection, a city or county may subject a manufactured home and the lot upon which it is sited to any develop- ment standard, architectural requirement and minimum size requirement to which a con- ventional single-family residential dwelling on the same lot would be subject. ((5)) (6) Any approval standards, special conditions and the procedures for approval adopted by a local government shall be clear and objective and shall not have the effect, either in themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay. SECTION 3. Notwithstanding the provisions of ORS 197.303 (1) relating to periodic review, the requirements of ORS 197.303 (1)(d) apply on January 1, , or a jurisdiction's next periodic review, whichever comes first. .AZ/ i r Proposed New Language: Sensitive Lands Wetlands G 18.84.020 Administration and Approval Process: B. A preapplication conference with City Staff is required. If uncertainty exists in regards to the location or configuration of wetland areas, staff shall make an on-site inspection prior to an application being initiated to determine the nature and extent of the resource. If necessary, assistance from state and federal agencies shall be sought to provide the applicant additional information. C August 27, 1990 Tigard City Council ~-F Cc~ Ala 7 /mod The city of Tigard Planning staff has not conducted or presented a "Needs" analysis for siting Manufactured housing on individual lots. HB # 2863 ORS 197-307..."When a need has been shown for housing at a particular price range and rent levels needed housing shall be permitted in one or more zone districts with sufficient buildpable land" gy assumed a needs analysis was not done. Housing from 1990-2010: 20 years = 2,000 additional Single Family lots 100 SF and ManH lots per year According to the Technical Bulletin published by LCDC May 1990,forl,'10,111 Manufactured homes on individual lots 'Ahm;y LCDC used the following standard methodobgy for Manufactured housing O;n lots. This me t hodab Since January 1990, Tigard has probably approved approximately 400- 500 New Single Family lots, subdivisions, infills,etc. Assuming these will be included 36% is the Standard methodology without a Needs analysis. If my math is correct this will be 144 Manufactured home lots. Just in the first 8 months of 1990. Placing MH on ALL residential lots without regard to CC&R's will place Benchview II, Bull Mt Estates, Summerlake, and others into the same position I 36% Single Family lots to be Manufactured Homes. It appears that without a projected Needs ( which I believe included both economic and land availablity), WHEN and HOW will the City (Tigard) know we are above 36% below 36% QUOTA? Or it this 36% of what is NOT existing in the "Needs" analysis? This assumed methodkgy from LCDC also assumes local municipalities have 50% Multi-Family in Comp Plan. This 36% does not include Manv.Home Parks and Subdivisions. The technical manual,t]Weused a top building Lot price of $ 9,000. Can anyone find aA of in Tigard (4n Sewer for $9.000. The ONLY sited MHPark in Tigard is located in high rise development plans without zoning district for mobile homes contrary to HB 2863 Who made the decision to site ManH, on any lot without a "Needs" analysis? In my opinion rushing 1/1/91 enforcement in order to address the should be forthcoming or more districts not thru the Mandate cf HB 2863 tonight to meet unnessary when I feel a needed review is in intent of this Bill. An Analysi,s~ of "Need" from City of Tigard and also zon; ing for one just ALL Single Family zone densities. COUNCIL AGENDA ITEM NO. 5 { CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: August 27, 1990 DATE SUBMITTED: 8116/90 ISSUE/AGENDA TITLE: Zone Ordinance PREVIOUS ACTION: Planning Commission Amendment ZOA 90-0002 recommendation for approval ! PREPARED BY: Jerry Offer DEPT HEAD CITY ADMIN OX&ZML REQUESTED BY: Should the City amend the community Development Code to allow larger above ground fuel storage tanks in industrial zones and in residential zones for home heating oil or propane? INFORMATION SUMMARY i The Planning Commission reviewed the proposal at a public hearing on August 7, 1990 recommended approval of the proposed amendment. The explanation of the purpose of the amendment is described in the attached memo. In addition to the memo, this packet includes a proposed ordinance with an exhibit illustrating the amended wording of Chapter 18.108 of the Community Development Code. ALTERNATIVES CONSIDERED f 1. Approve the attached ordinance 1 i 2. Modify and approve the attached ordinance 3. Reject the amendment and direct staff to prepare a corresponding resolution. i; FISCAL IMPACT f. SUGGESTED ACTION Approve the attached ordinance i ZOA90-02.SUM/kl MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor Edwards and City Council Members FROM: Ed Murphy, Community Development Dept. Director DATE: August 17, 1990 SUBJECT: Zoning Ordinance Amendment ZOA 90-0002 Staff has been contacted by several existing Tigard businesses and prospective industrial developers regarding the possibility of installing above-ground fuel storage tanks for the needs of their vehicle fleets. Chapter 18.104 of the Community Development Code prohibits the installation of above-ground fuel storage tanks with capacities greater than 60 gallons in all zoning districts. Businesses seeking to install fuel storage tanks are caught between the City's prohibition of above ground fuel storage tanks and increasingly strict federal and state regulations on underground storage tanks. In addition, these businesses face substantial difficulties relative to insuring underground storage tanks. The increased concern with regard to underground fuel storage tanks relates to the potential for groundwater contamination due to undetected leakage. After discussions with a representative of the Tualatin Valley Fire and Rescue District regarding the District's position on above-ground fuel storage tanks, staff has decided to propose an amendment to allow above-ground fuel storage; tanks of 6,000 gallons or less individually or 18,000 gallons in aggregate in i all industrial zones in the City subject to Uniform Fire Code construction, siting, and permit requirements. The proposed amendments would also allow above-ground heating oil tanks as large as 300 gallons in all zoning districts whereas the Code previously limited the size these tanks to a maximum of 60 gallons. The attached ordinance contains the proposed revisions for Code Chapter 18.104. All additions are underlined and deletions are bracketed. The revisions are intended to make the City's regulations consistent with the Uniform Fire Code provisions for above-ground storage tanks. br/JO:ZOA o Commissioner S, Jrta asked applicant why this i;^.e of sign size was not addressed during design review. Applicant explained that he missed the _ to have staff grant exception during design review. o Commiss r Boone stated he was inclined to accept staff's recommends . n and vote against the sign code exception. o Commissioner Fess asked the applicant several questions about the proposed dimensions. he discussed using the wall signs, and she suggested they are more 'sible by motorists driving by. o Commissioner Barber stated she uld not have a problem granting the exception and was not opposed to one-foot increase in height. o Commissioner Moen agreed with Commissio Fessler's comments and he suggested using the freestanding sign to i tify the businesses located in the center and using the wall signs to ide 'fy the end businesses. * Commissioner Moen moved, and Commissioner Leverett s nded to grant Sign Code Exception (SCE 90-0003) to allow a 50% increa in sign area, to reject the sign height variance, and to include the co 'tions suggested by staff in Section C of the Staff Report. * Motion passed by a unanimous vote of Commissioners present. 5.4 ZONE ORDINANCE AMENDMENT ZOA 90-0002 FUEL TANKS (ALL NPO'S) A request for Zone Ordinance Amendment approval to allow above-ground fuel storage tanks of 4,000 gallons or less in industrial zoning districts. Above-ground fuel storage tanks are currently limited to less than 60 gallons. ZONES: I-P (Industrial Park), I-L (Light Industrial), H-L (Heavy Industrial) o Senior Planner Liden advised that these revisions would bring Tigard's regulations into compliance with the Fire District's code. He said there were changes to definitions, some allowances for above-ground home heating fuel tanks, and an allowance for above-ground tanks in industrial areas. He explained the DEQ regulations for in-ground fuel storage tanks have been implemented to address the problems with leakage and ground contamination. He said it is easier to monitor leakage in above-ground tanks. PUBLIC TESTIMONY i There was none. PUBLIC HEARING CLOSED o Commissioner Moen expressed opposition to above-ground tanks of 6,000 gallons for safety reasons. o Commissioner Saporta was concerned about containment in the event of an accidental spill. PLANNING COMMISSION MINUTES - AUGUST 7, 1990 PAGE 9 o Commissioner Leverett commented that small business operators cannot afford to carry the expensive insurance required to cover possible _ contamination clean up operations. He said tanks are now designed to be safer and to limit potential fire hazard. o Commissioner Moen commented that fire safety is addressed, but aesthetics should be addressed. o Commissioner Saporta discussed the need to look at the DEQ's and EPA's regulations pertaining to this issue. There was discussion of these regulations and application process. o Commissioner Boone commented that the trend is to protect the ground from contamination by removing leaking tanks. o Commissioner Fessler agreed with Commissioner Boone, but she questioned what the maximum tank size should be. o Commissioner Barber reported that NPO #3 suggested including definitions of Class I, II, and III flammable liquids as part of the ordinance. She said NPO i#3 also suggested that adequate screening to be required in all zones. She said she disagreed with the NPO about defining flammable liquid classifications, because those working with flammable liquids and with the ordinance are familiar with the standard classifications. o Commissioner Fyre discussed the safety issue and said he was generally t in favor of the amendment. * Commissioner Leverett moved, and Commissioner Boone seconded to recommend to Council approval of Zoning Ordinance Amendment ZOA 90-0002. * There was discussion with Commissioner Moen suggesting that if this amendment failed, he would be in favor of treating above-ground tanks as conditional use, or having the request heard before the hearings officer. * Motion carried by unanimous vote of Commissioners present. 6. OTHER BUSINESS o A letter dated July 30, 1990, was received from Beverly Hawley concerning Fyrestone development. Senior Planner Liden reported that Community Development Code, Fire District requirements, and utilities dictated that more trees be cut than developer wanted. He said there was a tree cutting permit granted to the developer, but the file copy had been misplaced. He said he walked the property with the developer; and an arborist was retained who recommended removing some alders which were in declining condition. 11:10 Commissioner Leverett left. PLANNING COMMISSION MINUTES - AUGUST 7, 1990 PAGE 10 COUNCIL AGENDA ITEM NO. U/ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY DEPT HEAD OX PREPARED BY: Ron Bunch, Sr.Planner REQUESTED BY: Ed Murphy, Community Development Director POLICY ISSUE Should the City Council resolve to initiate map amendments to the Tigard Comprehensive Plan Transportation Map to: a) Add a loop off of Highway 99 W to Tigard Street to enhance access to the downtown area. b) Delete the Tigard/Burnham Connection. C) Further refine alignment of collector streets in the area between Gaarde Street and 121st Avenue and Walnut Street and 135th Avenue. d) Delete the proposed extension of Ash Avenue from Burnham to Walnut and Highway 99W and from Hunziker and Hall Streets and extend Ash Avenue from Burnham to Hill Street INFORMATION SU141ARY Highway 99W/Tigard Street Loop.- This improvement will improve access to the downtown. It is important for the City's Comprehensive Plan Transportation Map to show this improvement in order for ODOT to consider it as part of the 99 W/Main to Pfaffle Street Project. The Plan amendment process needs to begin now since ODOT plans to complete the environmental impact statement for the 99W project by Spring, 1991. Tigard Burnham Connection: The failure of the downtown renewal district casts doubt on the feasibility of this project. Refined Alignment of Collector Streets Between Gaarde/121st and Walnut /135th: The adoption of alignment concepts in this area will require an amendment to the Comprehensive Plan Transportation Map. Ash Avenue: Conditions which have arose since voter disapproval of tax increment financing for the downtown renewal district have made it necessary to reconsider alignment plans for Ash Avenue. It is anticipated to take the above Transportation Plan amendments to the Neighborhood Planning Organizations (NPO's) in September and October, 1990, and then take them to the Planning Commission in November, 1990. The City Council would then receive them in either December, 1990 or January, 1991. AGENDA OF: August 27, 1990 DATE SUBMITTED: Auoust 16, 1990 ISSUE/AGENDA TITLE: Resolutions to ini- PREVIOUS ACTION: These issues were tiate man amendments to the Tigard considered by the Council at a July 2 - ALTERNATIVES CONSIDERED 1) Not to initiate amendments to the Transportation Map for any of the above four roadways and not take any other action. 2) Decide to prioritize the above roadways for map amendment, do the most important now, and do others, in order of priority, at a later date. 3) Initiate the amendments at a later date after conducting preliminary studies and evaluating community concerns. maasaaaaaaaasaaasaxaaaamoaaasasaaaaaxaooxasaamaaoaxaasax sxaxr aaaaaaasaaaacaaaxaa FISCAL IMPACT Substantial staff time will be required. _ aoacaaaaox~aaaaxaaaaoxxa_~aaaax--- --~aoaaoxaaaaxxaaaoa~axxa~xaxaaxxa~aaaxcxcxxcxxx SUGGESTED ACTION Approve the resolutions to initiate Comprehensive Plan Transportation Map amendments for the above four projects. The City Council may wish to consider providing staff additional direction by prioritizing the above amendments. rb/ccroad6.rb9 tl e CITY OF TIGARD, OREGON -e eLs4 RESOLUTION NO i A RESOLUTION TO INITIATE AN AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN TRANSPORTATION MAP TO FURTHER REFINE ALIGNMENT OF COLLECTOR STREET(S) IN THE AREA BETWEEN GAARDE STREET AND 121ST AVENUE AND WALNUT STREET AND 135TH AVENUE. WHEREAS, it is necessary for the City of Tigard to amend its Comprehensive Plan Transportation Map to address the need for more refined alignment concepts for collector(s) in the area between Gaarde Street and 121st Avenue and Walnut Street and 135th Avenue.- NOW THEREFORE BE IT RESOLVED by the Tigard City Council to: Initiate an amendment to further refine the alignment of collector street(s) in the area between Gaarde Street and 121st Avenue and Walnut Street and 135th Avenue. PASSED: This day of , 1990 Mayor - City of Tigard ATTEST: rb/resgards.rb