12/05/1990 - Packet AGENDA
NPO 13 MEETING
WEDNESDAY, DECEMBER 5, 1990 - 7:00 P.M.
TIGARD CITY HALL - TOWN HALL CONFERENCE ROOM
13125 SW HALL BOULEVARD
TIGARD, OR
1. CALL TO ORDER
2 . ROLL CALL: PORTER BISHOP FROUDE HANSEN
MORTENSEN ROOT SMITH
3 . Approve Minutes from previous meeting
4. Review Solar Access Ordinance
5. SUBDIVISION - SUB 90-0015 - BURGE
Applicant requests Subdivision approval to divide an
approximately 13 .7 acre site into 47 lots between approximately
7, 800 and 15, 100 square feet.
LOCATION: West of SW 132 Avenue, North of Benchview Estates,
East of SW 135th Avenue (WCTM 2S1 4, tax lot 600)
ZONING DESIGNATION: R-4. 5 (Residential, 4.5 units per acre)
COMPREHENSIVE PLAN DESIGNATION: Low Density Residential
6. Other Business
7. Adjournment
TO ENSURE A QUORUM TO CONDUCT BUSINESS, PLEASE CALL LIZ NEWTON AT
639-4171, EXTENSION 308 IF YOU ARE UNABLE TO ATTEND
da/npo3-a
L.
MEMORANDUM
TO: NPO 3
FROM: Keith Liden, Senior Planner
RE: Solar Access Ordinance
DATE: 11/27/90
At your last meeting, I was requested to make the entire text of
the solar access ordinance available for your review. The model
ordinance is attached. Although the text will essentially remain
the same, amendments shall be made to fit the format of the
Community Development Code.
This packet will be reviewed by the Planning Commission on December
18th and the City Council will hold a hearing to consider adoption
on January 28, 1991.
I will be in attendance at your December meeting to review the
ordinance and to answer any questions.
SOLAR.NP3/k1
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]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 line: For purposes of the solar access regulations, a lot line abutting a street. For
corner 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 shortes lot line adjoining
the pole portion of the lot.excluding the pele unbuildable portion of the lot 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 49 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 a true 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 a true 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 I -Solar Access Ordinance Definitions
Steering Comm'ee Final Draft Revisions (II/l/89)
Shade reduction line: A line drawn parallel to the northern lot line that intersects the shade
point(see Figure 6).
Shadow pattern: 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 heig t 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 containisl 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.
Sunchart: 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.
Undevelopable 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 (11/1/89)
Figure 1
FLAG FRONT
LOT UNE FRONT LOT LINE
'
/ NORMAL FRONT
LOT UNE
1
CURVED
FRONT•
�\LOT UNE
I
Figure 2
NORTHERN LOT LINE
< 45 degrees
T
NORTHERN t
LOT LINE N NORTHERN
LOT LINE -
twos
Figure 3
NORTH-SOUTH DIMENSION OF THE LOT
I
N-
NORTH-SOUTH DIMENSION
Figure 4
HEIGHT OF THE SHADE POINT OF THE STRUCTURE
If the ridgeline runs EAST-WEST If the ridgeline runs EAST-WEST
and the pitch is or flatter than 5 in 12: and the pitch is 5 in 12 or steeper:
SHADE POINT=EAVE N SHADE POINT= RIDGE
lessthan
5 in 12 Roof Pitch 5 in 12 Roof Pitch
or more
SHADE POINT. SHADE POINT=
EAVE RIDGE
ORTH-SOUTH RI
If the ridgeline runs NORTH-SOUTH SHADE
measure from the northernmost POINT
point of the ridge,but reduce the
height measurement by three (3)
feet.
NORTH —►
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
AL 6 0'
35
N
Figure 7
SOLAR GAIN LINE
Solar Gain Line
N
+ 10- �. North Lot Line of
your South Neighbor
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
�-- N ,
GUARANTEED
30' HEIGHT i
IN LOT CENTER
--------70-------- --------70---------
0.-f*----------
--------0'-f*----------10+1 od
Standard Side Setbacks
is Reduced Side Setbacks
��s
SETBACK ADJUSTMENTS IF NEEDED
TO MEET SOLAR STANDARDS
Figure 9
SOLAR LOT OPTION 1: BASIC REQUIREMENTS
t
N
Minimum of 90'
north-south lot
dimension required
Front lot line Is within
30 degrees of
an east-west axis
Figure 10
SOLAR LOT OPTION 2: PROTECTED SOLAR BUILDING LINE
t
N
Protected Solar Building
Une within 30 degrees
of east-west axis
i
i
t At least 70'between solar
t
building One and middle
f lot to the south. This will
ensure ability to build two
i story house.
t
t
i
low
Figure 11
SOLAR ACCESS HEIGHT LIMIT
938 Scotts Avenue
Parcel A Parcel 8 Parcel C
m 944 938L93
---
U 25'' North
----------30 ----------
--Scotts Ave.•-----35'----------
---------------40---------------
4 5'
------- -50' -- -----
------ ---55'— ------
-------- —60'---- ———————
——————— ----65'— --------
----- --70'--- ---------
—
Parcel D Parcel E Parcel F
SCALE 1" = 100' 945 937 933
Figure 12
SHADOW PATTERN
t
North
Scotts Avenue
22.7•EAST&WEST OF TRUE
NORTH SOUTH AXIS
SOLAR ACCESS ORDINANCE FOR NEW DEVELOPMENT
Stgering 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
Section 3. Design Standard. At least 80 percent of the lots in a development subject to this
ordinance shall comply with one or more of the options in this section:provided, a development
may.but is not required to use the options in subsections 3B or 3C to comply with section 3.
A. Basic Requirement(see Figure 9). A lot complies with Section 3 if it:
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 lin is designated on the plat or in
documents recorded with the plat;and
2. The protected solar building line feff dhe let to the,neah 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-exempt 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 be protected
from shade by structures and non-exempt trees usinga—- -riate deed restrictions; or
2. Habitable structures built on that lot will have 2d=at least 32%of their glazing and at
least 500 square feet of their roof area xQ Maces within 30 degrees east or west of true
south,and that glazing and roof area are is protected from shade by structures and non-
exempt trees u.ing a-- -riate deed restrictions.
Page 1 -Solar Access Ordinance for New Development
Steering Comm'ee Final Draft Revisions (11/1/89)
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 t=gpgnhic information.
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 gees crown cover that causes 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 (11/1/89)
D. Completion of phased subdivision. The site is_part of a phased subdivision none of
which was subject to the Solar Access Ordinance for New Development,and the site and the
remainder of the unplatted portion of the phased subdivision contain no more than 20 percent
of the lots in all phases of the subdivision.
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
applicant has shown it would cause or is subject to one or more of the following SiAs
apply conditions.
A. Adverse impacts on density and cost or amenities.
_, 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 surveyor Dr
USGS or other officially recog in'zed topographic 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.]
C-B. Impacts of existing shade. The shadow pattern from Nnon-exempt trees-&Pea&�48
feet t_;ill Mad mma shm; 6 inahm,is; diameter.measured 4 feet above the gi:eond have a ffewn
cover over at least 80°10 of the lot and at least 50%of the smwn eave shadow pattern will
remain after development of the lot. The applicant can show h
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 (11/1/89)
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
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.
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.
Section 6. Protection from Future Shade. Structures and non-exempt vegetation must
comply with the Solar Balance Point Ordinance fef er&gag 1 [provide cross-reference] if
on all lots in a develMment subject to the Solar
Access Ordinance for New Development.including lots for which exemFtions or adjustments to
the Solar Access Ordinance for New Development have been granted.
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 parry of 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.
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 from 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 andlor other aggrieved property owner can appeal
a decision regarding the ordinance,and, if so,what appeal process applies and who is the approval
authorityfor the appeal.]
Page 4-Solar Access Ordinance for New Development
Steering Comm'ee Final Draft Revisions (11/1/89)
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. The maximum shade point height allowed under section 4;
B. If the maximum shade point height is adjusted pursuant to section 4.A.2. the average
elevation of the rear property line:and
C. The location of the shade point,its height relative to the average elevation of the front lot
line or the elevation at the midpoint of the front lot line and its orientation relative to true south:
and,if applicable,
D.T11 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
measured from the shade point to either the averaze elevation at the front lot line or the
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 Final 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
TABLE A- MAXIMUM PERMITTED SHADE POINT HEIGHT (In Feet)
Distance to North-south lot dimension(in feet)
Shade 100+ 95 90 85 80 75 70 65 60 55 50 45 40
Reduction Line
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 43 4a
45 30 30 30 31 32 33 34 35 36 37 38 39 49
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 5. Exemption from the Maximum Shade Point Height Standard. The
[approval authority] shall exempt a proposed structure 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,corner elevations or other topographical data, shadow patterns,
suncharts or photographs,or other substantial evidence submitted by the applicant.
A. Exempt Lot. When created the lot was subject to the Solar 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
Page 2-Solar Balance Point Ordinance
Steering Comm'ee Final Draft Revisions (11/1/89)
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;'ff
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 majority of the homes identified in subsection 4.a. above have an average of less
than 20 square feet of south-facinglg azing,
E. Public Improvement. The proposed structure is a publicly owned improvement.
Section 6. Adjustments to the Maximum Shade Point Height Standard. The
[approval authority] shall increase the maximum permitted height of the shade point determined
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 (11/1/89)
2. The application includes a form provided for that purpose by the jcitylcountyl that:
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(citylcounty]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(citylcounty]issues a permit 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.
An applicant may.but is not required to.
tzerform the calculations in or comjly with the standards of section 7.
B. Applicants shall he 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 procedure 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 C. If the lot(s) to the south can be further divided,then the north-south dimension
is should he 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 should
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 - (SGL/2.5)
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 Comm'ee Final Draft Revisions (11/1/89)
TABLE B -MAXIMUM PERMITTED HEIGHT OF SHADOW AT SOLAR FEATURE (feet)
Distance from Allowed Shade Height at Northern Lot Line
Solar Gain Line of Adjacent Lot(s)to the South(feet)
to lot line(feet)
22 21 20 19 18 17 16 15 14 13 12
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 10 9 8 7 6 5 4 3 2 1
25 12 11 10 9 8 7 6 5 4 3 2
20 14 13 12 11 10 9 8 7 6 5 4
15 16 15 14 13 12 11 10 9 8 7 6
10 18 17 16 15 14 13 12 11 10 9 8
5 20 19 18 17 16 15 14 13 12 11 10
Table C may be used to determine (SH)in the above formula.
TABLE C _
North-south lot
dimension of adjacent 100 95 90 85 80 75 70 65 60 55 50 45 40
lot(s) 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 and 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% 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. [R5]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 [3]feet.
Page 5-Solar Balance Point Ordinance
Steering Comm'ee Final Draft Revisions (11/1/89)
B. [R7] 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[10]feet.
3. A side yard setback may be reduced to not less than[3]feet.
C. [RIO]Zone(s):
1. A front yard setback may be reduced to not less than[151 feet.
2. A rear yard setback may be reduced to not less than[15]feet.
3. A side yard setback may be reduced to not less than[51 feet.
Section 10. Review process. [Cross-reference to existing processes for reviewing zoning
code compliance]
Page 6-Solar Balance Point Ordinance
Steering Comm'ee Final Draft Revisions (11/1/89)
SOLAR ACCESS PERMIT ORDINANCE
March 3. 1988. Steering Committee Final Draft
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
authorizes 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[list
urban single family residentiai zones), or is or will be developed with a single family
dwelling. The[city's/county's[ decision whether or not to grant a solar access permit is
intended to be ministerial
Section 3. Approval standards for a solar access permit. The [responsible
7fficiall shall approve an apphcauon 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 access permit.
A. A parry to whom the I cirylcounryJ grants a solar access permit shall:
1. Record the permit, legal descriptions of the properties affected by the permit,
the solar access height limit,and the site plan required in section 5.0 with such
modifications as required by the[responsible qfficial j 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 for 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 5. 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 treasured from the east and
west corners 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 1 -- SoIar Access Permit Ordinance
D. Within 14 calendar days after the [responsible official)decides an application for a
solar access permit is complete, the[responsible official]or his or her designate 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 parties 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 official] 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 official] 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 53 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
officiall 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 mailed to affected parties,
the[responsible official] shall consider responses received from affected parties
and/or an 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 5.0 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 Ordinance
PROPOSAL DESCRIPTION
FILE NO: SUB 90-0015
FILE TITLE: BURGE/ROTH
APPLICANT: J.M. BURGE OWNER: TIM ROTH
18975 NE CALKINS LANE 12300 SW 69TH AVENUE
NEWBERG, OR 97123 TIGARD, OR 97223
AGENT: KAMPE & ASSOCIATES
GREG WESTON
3681 SW CARMAN DRIVE
LAKE OSWEGO, OR 97035
REQUEST: Applicant requests Subdivision approval to divide an
approximately 13.7 acre site into 47 lots between approximately
7,800 and 15,100 square feet.
LOCATION: West of SW 132 Avenue, North of Benchview Estates, East
of SW 135th Avenue (WCTM 2S1 4, tax lot 600)
ZONING DESIGNATION: R-4.5 (Residential, 4.5 units per acre)
COMPREHENSIVE PLAN DESIGNATION: Low Density Residential
NPO NO: 3
CHAIRPERSON: Herman Porter
PHONE: 639-0895
_ STAFF DECISION
_ PLANNING COMMISSION DATE TIME _:_
X HEARINGS OFFICER DATE 1/ 8/91_ TIME 7:30
CITY COUNCIL DATE / / TIME
X REQUEST FOR COMMENTS (see attached list) RETURN BY
ATTACHMENTS:
X VICINITY MAP _ LANDSCAPING PLAN
X NARRATIVE _ ARCHITECTURAL PLAN
X SITE PLAN X GRADING PLAN
STAFF CONTACT PERSON: Jerry Offer
PREPARE FOR PLANNER APPROVAL:
X ADVERTISEMENT - TIMES _ _ OREGONIAN
X NOTICE TO PROPERTY OWNERS _TO BE MAILED
_ LETTER OF ACCEPTANCE OF APPLICATION
NOTICE TO DLCD - ATTACHMENTS:
SUBDIVISION APPLICATION
HOOD VIEW ESTATES
This application requests approval of the preliminary plan for the proposed "Hood
View Estates" subdivision. This proposed development is located between S.W. 132nd and
S.W. 135th Avenues,approximately 750 feet south of Walnut Street in Tigard.
The subject property contains a total of 13.7 acres of land and is located on an east-
facing hillside. The zoning of the subject property is R-4.5,which permits a minimum lot
size of 7,500 square feet. However, because 2.77 acres of the site is situated upon slopes in
excess of 25 percent grade, the maximum density of development permitted by Section
18.92 of the Community Development Code is significantly less than would otherwise be
permitted. The applicant proposes to divide this site into a total of 47 lots. These lots
range in size from a minimum of 8,200 square feet to a maximum of 15,100 square feet. No
variances to the provisions of the Community Development Code are requested as a part of
this application.
Because the subject property is bisected by the band of steep slopes on the site, the
proposed development is divided into upper and lower sections. The upper section is
accessed via S.W. 135th Avenue from the 'Bull Mountain Estates I" subdivision. The lower
section of the development is proposed to be accessed from S.W. 132nd Avenue. Street
stubs are provided to the south boundary of the site so that an eventual connection can be
made between the upper and lower levels when adjoining properties are developed.
A slope analysis and density calculations justifying the proposed density of develop-
ment are attached to this application.
11/13/90
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