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HomeMy WebLinkAboutEMain_1500_PA-T1-2021-00149CITY OF -AS�HLAND June 29, 2021 Notice of Final Decision On June 29 2021, the Community Development Director approved the request for the following: Planning Action: Subject Property: Applicant: PA-tl-2021-00149 1500 East Main Sharpe Energy Description: A request for Site Design Review approval to allow the installation of three solar trackers for the ScienceWorks property located at 1500 East Main Street, The Community Development Director's decision becomes final and is effective on the 12"' day after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winbum Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the final decision date, anyone who, was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050((1). The ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon Land Use Board of Appeals. If you have any questions regarding this decision, please contact Aaron Anderson in the Community Development Department at (541) 488-5305 or aaron.andersop_(�?� . �L[Latjd.or.us . L cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541 A88-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 WW%VMShh'MdA US I SECTION 1€3.5.1,050 Type I Procedure (Administrative Decisiorr with Notice) E. Effective Tate of Decision. Unless the: conditions of approval specify otherwise or the decision is appealed pursuant to subsection 18.5.1.050.0, a Type I decision becomes effective 12 days after the City mails the notice of decision. F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below. 1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision, Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision.. 2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the :Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to aff=irm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm,, modify, or reverse to any party entitled to notice of the planning action. d. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. G. appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following: 1. Who May Appeal. The following persons have standing to appeal a Type I decision. a. The applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050.13. c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline. 2. Appeal Filing Procedure. a, Notice of Appeal. Any person with standing to appeal, as provided in subsection 1.8.5.'1.050.0.1, above, may appeal a "Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. b. Time jbr Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed. c. Content of Notice Qf Appeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. i. An identification of the decision being appealed, including the date of the decision. ii. A statement demonstrating the person filing the notice of appeal has standing to appeal. iii. A statement explaining the specific issues being raised on appeal. iv. A statement demonstrating that the appeal issues were raised during the public comment period. d. The appeal requirements of this section must be fully met or the appeal. will be considered by the City as a jurisdictional defect and will not be heard or considered. 3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant ordinance provision. 4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type H public hearing procedures, pursuant to section 1.8.5.1.060, subsections A -- R, except that the decision of the Planning Commission is the final decision of the City on an appeal of a Type I decision, A decision on an appeal is final the date the City mails tyre adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 896-735-2906 wl. a� u�M 67ilunr�Q.rbc.u. ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA -T1-2021-00149 SUBJECT PROPERTY: 1500 East Main St. OWNERS/APPLICANT: Southern Oregon University & ScienceWorks/Sharpe Energy DESCRIPTION: A request for Site Design Review approval to allowthe installation of three solar trackers for the ScienceWorks property located at 1500 East Main Street. COMPREHENSIVE PLAN DESIGNATION: Southern Oregon University; ZONING: SO; ASSESSOR'S MAP & TAX LOTS: 39 1E 10 BD Tax Lot #4100 SUBMITTAL DATE: May 6, 2021 DEEMED COMPLETE DATE: May 26, 2021 STAFF APPROVAL DATE: June 29, 2021 DEADLINE TO APPEAL (4:30 P.M.): July 12, 2021 FINAL DECISION DATE: July 13, 2021 APPROVAL EXPIRATION DATE: January 13, 2023 Pr,Pr, OpBI't4I The site is located on the southwest corner of East Main Street and Walker Avenue at 1500 East Main Street. The adjacent property to the west is in the ownership of Southern Oregon University and is the location of the U.S. Fish and Wildlife Service (USF&WS) Forensic Laboratory and the Oregon State National Guard Armory as well as the SOU Sustainability Farm. To the south are the railroad tracks, athletic fields and SOU Student / Family Housing complexes. The properties across East Main are outside of City limits and are zoned Exclusive Farm Use by Jackson County. Ashland Middle School is across Walker Avenue from the subject site. Science Works and the Forensics Laboratory all lease property from Southern Oregon University. The existing Science Works building sits in the middle of the property and is approximately 300 -feet from East Main Street and 35 -feet from Walker Avenue. There is an SS - space automobile parking lot with five bus parking spaces connected to Campus Way at the rear (south) of the Science Works building. To the south of the parking area are the three existing solar trackers and the western end of the SOU Sustainability faun. The site is relatively flat with slopes of approximately 21/2 percent to the north. The majority of the site landscaping consists of native grass and weeds; the parking area at the rear of the building off of Campus Way has shrubs and small trees in the landscape buffers. There is a five-foot curbside sidewalk along Campus Way. Along the East Main Street and Walker Avenue frontages there is a five-foot parkrow with street trees and a five-foot sidewalk. The application is a request for Site Design Review approval to allow the installation of three additional pale -mounted solar trackers to the west of those that were installed in 2019 (see PA- TI -2019-00044). As proposed, there will be no new transformers and the electrical feed will PA -T1-2021-00149 Solar Trackers at 1500 E. Main St./alra Page 1 connect from the proposed trackers to the existing inverter & interconnect location by using the conduit that goes under the parking lot that was installed in 2019 with the original three solar trackers. The application indicates that the additional solar trackers will provide a `platform for both Agrivoltaic and PC efficiency research' at the farm in addition to being a `impacting visual statement of SOU's commitment to climate action and energy sustainability'. The application states that the annual energy production from the project will be over 84MWlvyr resulting in a decrease of the community's carbon footprint by roughly 55 MTons/yr. Site Desion Review Approval AMC 18.5.2.020.A.9 requires Site Design Review approval for the, "Installation of mechanical equipment not fidly enclosed in a structure and not otherwise exempt from site design revieiv per section 18.5.2.020. C." The exemptions referenced apply to: private, non-commercial radio and television antennas; not more than three parabolic disc antennas, each under one meter in diameter, on any lot or dwelling unit; roof -mounted solar collection devices under certain circumstances, and other mechanical equipment which is not visible from a public right-of-way. The first approval criterion for Site Design Review is that, "The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building freight, building orientation, architecture, and other applicable standards." In this instance, the proposal does not involve a typical building and is instead limited to pole -mounted solar trackers to be installed in the grassy area south and west of the parking lot. By code, solar installations are considered to be mechanical equipment. Accessory Structures and Mechanical Equipment are specifically address in AMC 18.2.4.020.8, which requires that: "Mechanical equipment shall not be located between the main structure on the site and any street adjacent to a front or side yard, and every attempt shall be made to place such equipment so that it is not visible from adjacent public streets. Mechanical equipment and associated enclosures, not taller than allowed fence heights, may be located within required interior side or rear yards, provided such installation and operation is consistent with other provisions of this ordinance or the Ashland Municipal Code, including but not limited to noise attenuation. Any installation of mechanical equipment shall require a building permit." In this instance, the placement is not between the ScienceWorks building and any adjacent street, and the placement — while visible from nearby rights-of-way — the project has been planned to mitigate visual impacts for the degree possible with distance while maintaining solar access and providing the installation as an example of the teelmology in keeping with the mission of ScienceWorks. A condition has been included below to require that the applicant obtain applicable permits and inspections, comply with applicable codes and pay associated fees and charges. The second criterion for Site Design Review approval is that, "The proposal complies with applicable overlay zone requirements (part 18.3)." In this instance, the subject property is within the Southern Oregon University District and is subject to Chapter 18.3.6, and is not subject to other special districts or overlay zones. The chapter implements the Campus Master Plan Update for Southern Oregon University. The Master Plan recognizes the subject property, PA -T1-2021-00149 Solar Trackers at 1500 E. Main St./alga Page 2 on the Mark O. Hatfield Environmental Sciences Complex, as a satellite district of the campus consisting of the Oregon National Guard Armory, the USF&WS Forensics Lab, the ScienceWorks Museum, as well as the Sustainability Farm. The Sustainability Farm is an approved SOU use and the current request for the installation of mechanical equipment is accessory to the approved use. The third criterion is that, "The proposal corrrplies with the applicable Site Development and Design Standards ofpart 18.4, except cis provided by subsection E, below." AMC 18.4.4.030.G.4 specifically requires screening of mechanical equipment "by placement of features at least equal in height to the equipment to limit view fr•oin public rights-oflivay, except alleys, and adjacent residentially zoned property." For mechanical equipment that is not roof - mounted, this section calls for screening to "include features such cis a solid 1vood fence, inasonry wall, or hedge screen." The applicant has requested exception from the screening requirements, noting that they do not believe the standards were written with this type of installation in mind. They suggest that the tracker, while pale -mounted, is more in line with exempted rooftop solar in that screening will diminish or eliminate any benefit by block the solar power the tracker is being installed to harvest. The applicant fitrther asserts that the installation is in large part screened by its placement, at a fair distance from the adjacent rights-of-way with existing foliage at the property perimeter providing screening. The approval criteria for the approval of exceptions where, "There is a demonstrable difficulty ineeting the specific requirements of the Site Development and Design Standards dale to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception i-vill not substantially negatively impact adjacent properties; and approval of the exception is consistent ivith the stated purpose of the Site Development and Design; and the exception requested is the inininnan 7vhich would alleviate the difficulo) " In staff s assessment, the requested exception is based on the unique aspects of the proposed use, the exception will not substantially negatively impact adjacent properties given the placement and existing vegetation, is consistent with the underlying intent and is the minimum necessary to alleviate the difficulty. The site is a large one, and the placement is well away from public rights-of-way, generally interior to the properties, and perimeter vegetation provides some measure of screening; and the placement will have environmental and educational benefits with little adverse impact. As detailed in AMC 18.4.3.080.D.6, a driveway serving more than seven parking spaces must be maintained to a minimum 20 -foot width to a height of 13 %2 feet. The ScienceWorks parking lot is roughly 88 parking spaces, and the applicant here emphasizes that the trackers will not project over parking or circulation and will in any case maintain a minimum 13%2 foot clearance. A condition that this be demonstrated in the permit drawings has been included below. The fourth approval criterion is that, "The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, server, electricio} urban storm drainage, paved access to and throughout the property and adequate transportation can and ivill be provided to the subject property. " As proposed, the installation does not involve water, sewer, storin drainage or public street alterations. The application emphasizes that the trackers are to maintain the required vertical clearance over the parking and circulation areas of the site, and the trackers are not to overhang the parking or driveways in any case. Electrical is to be routed on site through an existing conduit under the parking area, and PA -TI -2021-00149 Solar Trackers at 1500 E. Main St.talia Page 3 will not require new services or upgrades to the existing facilities. The application emphasizes that both the Building Division's electrical inspector and the Electric Department staff were consulted. A condition of approval has been included below to require that a final electrical service plan be included with the building permit submittals for the review and approval of the Planning, Building and Electric Departments. Trees Protection There are two group of conifer trees within proximity of the proposed solar trackers to be installed; one group of four trees north of the eastern most solar tracker, and one group of two trees to the north east of the most northern solar tracker. A condition of approval has been included to require that the applicant provide a tree protection plan and request a verification inspection prior to the issuance of the required building permit. Approval Criteria The criteria for Site Design Review approval are described in AMC 18.5.2.050 as follows: A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3). C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below, D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. Conclusion, Decision & Conditions of Approval The request for Site Design Review approval to install three pole -mounted solar trackers south of the ScienceWorks parking lot be found to meet all applicable criteria. In considering the request, the key issues for staff are in assuring that the proposed placement: 1) Does not adversely impact required parking or circulation for approved uses already in place, including emergency vehicle access; 2) Does not adversely impact parking lot landscaping, existing trees or significant natural features; 3) Is completed in compliance will all applicable fire/life/safety regulations of the applicable codes. The application provides assurances both that PA -T1-2021-00149 Solar Trackers at 1500 E. Main St./aha Page 4 the tracker height is above that necessary to allow required clearances and as such not impede parking or circulation, including that for emergency vehicles. Finally, the applicant will need to obtain permits and demonstrate compliance with the applicable codes, addressing any fire/life/safety regulations. With these points in mind and the conditions included below, staff believes that the request can be found to merit approval. In staffs final assessment, the application with the attached conditions complies with all applicable City ordinances, Therefore, planning action #PA -I'1-20021-00149 is approved with the following conditions. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action PA -T1 -2021-00149 is denied, The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified herein, and that there will be no work within the protection zone of the existing wetland on the adjacent Southern Oregon University Center for Sustainability property, 2) That the applicant shall obtain a building permit and pay all applicable fees and charges prior to the installation, and shall obtain all requisite inspection approvals prior to final project approval. 3) That the applicant shall submit a tree protection plan showing the location of fencing to be installed between the two groups of trees identified above. 4) Prior to the commencement of any site work including staging or storage of materials, the applicant shall obtain aTree Verification inspection to verify that trees to be removed are properly identified, that the limits of site disturbance coincide with those described herein, and that tree protection fencing, if necessary, has been properly installed according to the approved plans. 5) That the applicant shall consult with the Fire Marshal with regard to General Fuel Modification Area and fuel reduction plan requirements in AMC 18.3. 10. 100.13 prior to bringing any con-ibustible materials onto the property, and any landscaping proposed shall comply with applicable standards and planting requirements. All site work shall comply with applicable fire season restrictions. The most current restrictions are kept up to date on-line at: ashland.orms/fireseason. Cr) That prior to the issuance of a building permit: a. The applicant shall demonstrate that the installation will follow all City of Ashland solar installation requirements, including those for disconnecting devices and metering. b. That the building permit submittal shall demonstrate compliance with this approval and all applicable codes including but not limited to building, fire and electrical codes prior to issuance. PA -TI -2021-010149 Solar Trackers at 1500 E. Maiii St. ha Page 5 C. The applicant shall provide a final electric service plan with the building permit submittals for the review and approval of the Planning, Building and Electric Departments. d. That the building Permit Submittals shall demonstrate that the trackers will not extend over the driveway or parking areas and will maintain at least a 13'1/2 foot clearance required for a driveway serving more than seven spaces as detailed in AMC 18.4.3.080.0.6. Vehicular circulation, including fire apparatus access, is not to be impeded by the installation. Bill Molnar, Dir ec(or Department of Community Development June 29, 2021 Date PA -TI -2021-001491 Solar Trackers at 0.500 E. Main St./aha Page 6 STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On June 29, 2021 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person"s name for Planning Action #PA -t1-2021-00149, 1500 East TLA MA r Signature of Employee G.1comT-devWanilagOanriingA4WnsTAsbySt"EEastMain4EMain_1600�_Sa)Vorks12021 Solar TrackefsTA-TI-2021-0014MWng%00aiEin-1500-PA-TI-2021-MIO_AFFIDAMTOFMAILING,docx &M021 PA -T1-2021-00149 391E10BD 4100 PA -T1-2021-00149 391E10BD 4100 ASHLAND SCHOOL DISTRICT #5 BERNARD BECKI J 885 SISKIYOU BLVD 25 WIGHTMAN ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2021-00149 391E10BD 4100 PA -T1-2021-00149 391E10BD 4100 BUDD DEREK I/KIM B COX RANDY G/ANITA C 1395 EVERGREEN LN 1245 PACIFIC TER ASHLAND, OR 97520 KLAMATH FALLS, OR 97601 PA -T1-2021-00149 391E10BD 4100 PA -T1-2021-00149 391E10131) 4100 FREDRICKSON GLEN E TRUSTEE ET HOROWITZ MICHAH NATHAN 1546 DORAL CIR 961 HARMONY LN MEDFORD, OR 97504 ASHLAND, OR 97520 PA -T1-2021-00149 391E10131) 4100 PA -T1-2021-00149 391E10BD 4100 KINZIE NICHOLAS B LOCKE RAYMOND LANCE TRUSTEE E 35 WIGHTMAN ST 1521 E MAIN ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2021-00149 391E10BD 4100 PA -T1-2021-00149 391E10131) 4100 MOORE KAREN MOORE LUCY CARROLL TRUSTEE ET 1447 E MAIN ST 44 MALLARD ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2021-00149 391E10BD 4100 PA -T1-2021-00149 391E10131) 4100 NEAL TEENA JO OREGON NATIONAL GUARD ARMORY 1375 E MAIN ST 208 OAK ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2021-00149 391E10BD 4100 PA -T1-2021-00149 391E10131) 4100 PETERSON SARAH/ERIK S RUST SUSAN P TRUSTEE ET AL 1380 E MAIN ST PO BOX 3505 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2021-00149 391E10BD 4100 PA -T1-2021-00149 391E10BD 4100 TITUS JULIE SHARPE ENERGY SOLUTIONS 1366 E MAIN ST 557 FORDYCE ST, ASHLAND, OR 97520 ASHLAND, OR 97520 1500 E Main 6/29/21 NOD 27 Go toavery.com/templates r PA -T1-2021-00149 391E10BD 4100 BOVA JOSEPH A 1423 E MAIN ST ASHLAND, OR 97520 PA -T1-2021-00149 391E10BD 4100 FRANTZ TOM W 1385 E MAIN ST ASHLAND, OR 97520 PA -T1-2021-00149 391E10BD 4100 JOHNSON JODY ET AL 20 N WIGHTMAN ST ASHLAND, OR 97520 PA -T1-2021-00149 391E10BD 4100 MILL POND OWNER'S ASSOC INC PO BOX 3402 ASHLAND, OR 97520 PA -T1-2021-00149 391E10BD 4100 NATIONAL FISH AND WILDLIFE 1490 E MAIN ST ASHLAND, OR 97520 PA -T1-2021-00149 391E10BD 4100 OREGON STATE OF SO OR STATE UNIVERSITY 1250 SISKIYOU BLVD ASHLAND, OR 97520 PA -T1-2021-00149 391E10BD 4100 SCIENCEWORKS HANDS-ON MUSEUM 1500 E MAIN ST ASHLAND, OR 97520 PA -T1-2021-00149 391E10BD 4100 BRIAN DUNIGAN 908 OAK ST. ASHLAND, OR 97520 Allez a avery.ca/gabarits :: Ulilkez fp Gaharit Avery 5160 1 PF I CITY OF Planning Department, 51 Winbum vVay, Ashland, Oregon 97520 F 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -ASHLAND NOTICE OF APPLICATION PLANNING ACTION: PA -T1-2021-00149 SUBJECT PROPERTY: 1500 East Main St. OWNER/APPLICANT: Southern Oregon University & ScienceWorks/Sharpe Energy Solutions DESCRIPTION: A request for Site Design Review approval to allow the installation of three, solar trackers for the ScienceWorks property located at 1500 East Main Street. COMPREHENSIVE PLAN DESIGNATION: Southern Oregon University; ZONING: SO; ASSESSOR'S MAP &TAX LOTS: 301E 10 BID Tax Lot #4100. NOTICE OF COMPLETE APPLICATION: May26,2021 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: June 9, 2021 11=00211A1111 U Subject Property S1500 E Main cience Works Property PA-T1.2021.0014'9 "1.._9 A-T1.2021-00149 J 1111110, W IN N OVER (; The Ashland Planning Division Staff has received a complete application for the property noted on Page 1 of this notice. Because of the COVI D-1 9 pandemic, application materials are provided online and comments will be accepted by email. Alternative arrangements for reviewing the application or submitting comments can be made by contacting (541) 488-5305 orplanning@Lashland.or.us. A copy of the application, including all documents, evidence and applicable criteria are available online at "What's Happening in my City" at Copies of application materials will be provided at reasonable cost, if requested. Under extenuating circumstances, application materials may be requested to be reviewed in-person at the Ashland Community Development & Engineering Services Building, 51 Winburn Way, via a pre -arranged appointment by callling (541) 488-5305 or emailing p Any affected property owner or resident has a right to submit written comments to p_Iqnnin_qPashland.or.us, or to the City of Ashland Planning Division, 51 Winburn, Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown on Page 1. Ashland Manning Division Staff determine if a Land Use application is complete within 30 days of submittal',. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the appl,ication. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision., (AMC 118.5A.050,0) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond! to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. if you have questions or comments concerning this request, please feel free to contact Aaron Anderson at #541-552-2052 Aaron. AnAerson @Lash land. or. us SITE, DESIGN AND USE STANDARDS %52050 The following criteria shall be used to approve or deny an application: A. Underlying Zone: The, proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to; building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3). C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18,4, except as provided by subsection E, below, D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. E'. Exceptlonto the Site Development and Design Standards: The approval authority may approve exceptions to the Site Development and Design Standards of part 18A if the circumstances in either subsection I or 2, below, are found to exist. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception willl not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. G:4comni-devlp8anning\Planniii,g AclionsTM by StrectTNE11st NfainT%Iahi 1500 SciWork07021 Sol ar'Fiackers\PA-T I -202T-G0l49\NoficingTNIain. 1500_PA-Tl-2021-00l49 NOC.docx UAI a 2 1 -67TATj k 901 a LTI ffl 1 -4 re STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2, On 5126/21 11 caused to be mailed, by regular mail, in, a sealed envelope with postage fully prepaid, a copy of the attached planning action, notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #PA -T1-2021-00149, 1500 East Main. Signature of Employee Docufnen$ 512512021 PA -T1-2021-00149 391E10700 ASHLAND SCHOOL DISTRICT #5 885 SISKIYOU BLVD ASHLAND, OR 97520 PA -T1-2021-00149 391 E10BD2900 BUDD DEREK [/KIM B 1395 EVERGREEN LN ASHLAND, OR 97520 PA -T1-2021-00149 391E10BD3400 FREDRICKSON GLEN E TRUSTEE ET 1.546 DORAL CIR MEDFORD, OR 97504 PA -T1-2021-00149 391E10BD3900 KINZIE NICHOLAS B 35 WIGHTMAN ST ASHLAND, OR 97520 PA -T1-2021-00149 391E10BD128 MOORE KAREN 1447 E MAIN ST ASHLAND, OR 97520 PA -T1-2021-00149 391E10BD3200 NEAL TEENA JO 1375 E MAIN ST ASHLAND, OR 97520 PA -T1-2021-00149 391E10BD3600 PETERSON SARAH/ERIK S 1380 E MAIN ST ASHLAND, OR 97520 PA -T1-2021-00149 391E10BD3800 COX RANDY GIANITA C 1245 PACIFIC TER KLAMATH FALLS, OR 97601 PA -T1-2021-00149 391E10BD900 HOROWITZ MICHAH NATHAN 961 HARMONY LN - ASHLAND, OR 9751 I PA -T1-2021-00149 391E10600.: LOCKE RAYMOND LANCE TRUSTEE E 1521 E W,IN ST ASHLAND, OR 97520 PA -T1-2021-00149 391 E10BD 137 MOORE LUCY CARROLL TRUSTEE ET 44 MALLARD SST ASHLAND, OR 97520 PA -T1 2021-00149391E10BD4100 OREGON NATIONAL GUARD ARMORY 208 OAK ST ASHLAND, OR 97520 PA -T1-2021-00149 391E10BD1200 RUST SUSAN P TRUSTEE ET AL PO BOX 3505 ASHLAND, OR 97520 PA -T1-2021-00149 391 E10BD2800 FRANTZ TOM W 1385 E MAIN ST ASHLAND, OR 97520 PA -T1-2021-00149 391 E10BD800 JOHNSON JODY ET AL 20 N WIGHTMAN ST ASHLAND, OR 97520 PA -T1-2021-00149 391 E10BD700 MILL POND OWNER'S ASSOC WC PO BOX 3402 ASHLAND, OR 97520 j PA -T1-2021-00149 391E1OBD411M NATIONAL FISH AND WILDLIFE 1490 E MAIN ST ASHLAND, OR 97520 PA -T1-2021-00149 391 E10BD4100 OREGON STATE OF SO OR STATE UNIVERSITY 1250 SISKIYOU BLVD, ASHLAND, OR 97520 PA -T1-2021-00149 391E10BD4100 SCIENCEWORKS HANDS-ON MUSEUM 1500 E MAIN ST ` ASHLAND, OR 97520 PA -T1-2021-00149 391E10BD3500 PA -T1-2021-00149 PA -T1-2021-00149 TITUS JULIE SHARPE ENERGY SOLUTIONS BRIAN DUNIGAN 1366 E MAIN ST 557 FORDYCE ST. 908 OAK ST. `ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 1500 East Main NOC 5126121 24 A; u I he i ri 0 1 g n Omp e rc a y vk/ 1/0 do v, P1411 PlanningDivision 5IWinburnWay, Ashland Ott 9752f1 FILE 1�-��-2Q21 CiQ'149 541-488-5305 Fax 541-4W6006 ASHLAND DESCRIPTION OF PROJECT SkreetAddrase_�-- ' �t �`�' Assessors Map No. 391 E IOU—. Tax Lot(s) Zoning _ Comp Plan Designat on Pursuing LEEDO t ertlrcation? D YES El NO APPLICANT Name. ,�.,( - � r a Phone E -Mail +tl•%f^a,f�id .r Address.... -,Zip °C,. City rt' f Zip , PROPERTY OWNER Name Phone} i f E-ailPt`d" ' t • +[.i Address � � t � p C ' J! alb � f SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT. OTHER dikeName Phone E -Mall JT r Address �. V dA ifr,� 5-Cslty -„ nA!a 54 ,zip Title Name Phone G :� 014 -Mail Address ti , City HL -0 Zip y C7 1 hereby certify that the statements and infonnatlon contained in this application„ including the enclosed drawings and the required findings of fact, are in all respects, true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be Incorrect, the owner assumas full responsibility. I further understand that it this request is subsequently contested„ the burden will be on me to establish: 1) that f produced sullkiant factual evidence atthe heating to support this request; 2) that the Findings of fact furnishe justifies 1110 granting or the request, 3) that the findings of umisha by me are adequate, and further 4) that off structures or rovam is are pwPod�y located on the ground. Pollute In this regard will result mliP,, net beremovadatmyexpense, h'IPt ar trhts Applicant's Signature As owner,99(Ilp proparfy fru be wmww bran steel ho request being set aside, but also possibly in my structures being built in rollance thereon being required to advised to seek competent professional advice and assistance. "L� "I Date I—_®®._ request, f have react and understood the complete application and its consequences to me as a property nafUre ,required) Date Bate Received . Zoning Permitfype Filing Fee$$ OVER It/ ©�m 2.7- A� ®. .® 2. VA SAVA ril - - - - - - - - - - - --- MAN, pir VA v �ffmI - M- Wo mma 0 The Project • The planned solar power project elevates (3) new STracker SIB PV units, in line with (3) existing units installed in 2019, at the north edge of the SOU Sustainability Farm. • The project will provide a platform for both Agrivoltaic and PV efficiency research at the Farm and will provide consistent solar -electric power to the community for the next 25 to 50 years. • Construction is scheduled to be completed in Summer 2021 and will provide community jobs as well as SOU educational and intern opportunities and is expected to garner national attention. • Annual energy -production from the project will be over 84MWh/yr. • The resulting decrease in the community's carbon footprint is 55 MTons/yr, equal to the sequestration of 55 acres of US forest each year, with all Carbon Credits flowing to SOU. • The project will be an impacting visual statement of SOU's commitment to climate action and energy sustainability. Ownership and Responsibilities • Ashland Community Solar 1 LLC (ACS1) will perform & finance the installation, then own -operate and maintain the system for the 25 -year project term (with a sale option after year five) per the Lease & Solar Easement contract being developed. • Engineering, Procurement & Project Management (EPCM) services for the installation project will be by Sharpe Energy Solutions (SES). SES and the Original Equipment Manufacturer STracker Solar, both of Ashland, will document the system's performance and production into the future. • All of the energy produced will be credited to ACS1 for distribution via the Ashland Electric Virtual Net Meter (VNM) program. • ACS1 will pay a nominal annual lease payment to SOU and cover all Operation and Maintenance costs for the full 25 -year project term. • This project is being documented and templated by SES in preparation for future campus STracker Solar projects that will help fulfill the university's climate impact and sustainability goals. SOU(3) Planning Submittal (5.4.2021) Written statements explaining how the application meets the intent of the approval criteria from the AMC 185.2.050 18.5.2.05©Approval Criteria A. Underlying Zone. The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. The location of the tracker installation is such that no portion of the tracker array, or any other mechanical component, will ever encroach on the required setback or other applicable standards. (see the attached site setback plan). B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3). Yes C. Site Development and Design Standards. The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. Landscaping Other Screening requirements The only exception required appears to be far the Other Screening Requirements (18.4.4.030.G 4). First we want to emphasize that this section of the Code was not written with this type of mechanical equipment in mind. The solar tracker is much more in line with the already exempted rooftop solar, in that screening it would diminish or eliminate any benefit by blocking the solar power it is being installed to harvest. Second, as shown in the attached pictures, the proposed installation will in large -part be screened from the adjacent properties by existing trees and foliage, which are possibly the best screens for a city that loves its trees. It is also significant that the installation will also be naturally screened from most of the adjacent roadways by trees*. Third, the proposed system shows a significant better ROI and generation capacity than any available (exempted) rooftop installation. Requiring adherence to a Code that was not written for this type of solar power harvester will place an undue hardship on the museum and Community Solar by preventing the most desirable and most efficient racking platform available**. Finally, SOU is in support of this installation as part of planned Agrovoltaic Research projects, as well as an educational adjunct and source of Carbon Credits for the university. * Many of the people familiar with the Trackers liken them to works of art worthy of full exposure (perhaps as expressions of technology, clean energy, and community development). **As our City has codified its intention to expand renewable power generation, and as distributed renewable power generation adds a measure of resiliency and security to the neighborhood as well as the producer, we suggest an exemption for solar trackers be implemented, similar to those for rooftop panels. We believe that the City's progressive Solar Setback requirement will adequately protect adjacent properties from any negative effects from these types of installations. Requiring a non -reflective black finish; and a slow, nearly -silent operation, structural certification and $1MM in product liability insurance could be required. SOU(3) Planning Submittal (5.4.2021) D. City Facilities. The proposal complies with the applicable standards in section 18.4.6 Public Facilities, and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property, and adequate transportation can and will be provided to the subject property. Yes E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; Please see the items listed under Item C above. and approval of the exception will not substantially negatively impact adjacent properties; The proposed installation will actually positively impact adjacent properties in that distributed generation adds resiliency and thus security to this portion of the City's electrical generation system. and approval of the exception is consistent with the stated purpose of the Site Development and Design; Please see item 2. below and the exception requested is the minimum which would alleviate the difficulty.; Again for the reasons listed under Item C above. 2. ... granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. We believe that allowing solar power on a site that is otherwise not suitable, along with SOU Research potential, does, in fact, meet this stated purpose for all of the highlighted points below- 18.1.2.02OPurpose The purpose of the Land Use Ordinance is to encourage the most appropriate and efficient use of land; to accommodate orderly growth; to provide adequate open space for light and air; to conserve and stabilize the value of property; As the addition of distributed renewable energy generation increases the value of the property and is consistent with SOU's educational and innovative pursuits, the installation is deemed appropriate and a compatible use of the otherwise unused space. In addition, the installation will provide partial shading for workers, students and picnic -goers below. to protect and improve the aesthetic and visual qualities of the living environment; to aid in securing safety from fire and other dangers*; to facilitate adequate provisions for maintaining sanitary conditions*; to provide for adequate access to and through property; and in general to promote the public health, safety, and the general welfare*... *by adding resiliency (and thus security) to this portion of the City's electrical distribution system Thank you for your thoughtful consideration of this exception request, and consideration of modifying the Code to address this particular type of mechanical system. Sincerely, Sharpe Energy Solutions For SOU and the Ashland Community Solan gu-oup SOU(3) Planning Submittal (5.4.202.) Proposed Layout & Scaled Site Plan 801 i X00 1 vmliminwv Site Plan Es Mr.Fr++� ssr y -s, k rcx-�-n o�9rin 0113+51 Sr46 SOUSushh;l6.a F rrn (Ya -0 1S00E3st Mah Sr.AWand, Oregon D-5,aNjl fah+: z:9�isauiR aa.. x+.ePl r� SOU(3) Planning Submittal (5.4.2021) MY[: SIB Tracker Elevation Views Existing ScienceWorks Units will be replicated STrackerSolancom S T R A C K E R Proudly produced In 541-631-1275 IT SOLAR Ashland, Oregon SOU(3) Planning Submittal (5.4.2021) N0Ai-<S-0z%AC(-4W 0 4�( W940,k641 w tu. V 1,0 W CITY OFT Electrical Renewable Energy Permit Application C LA1'�i City of Ashland Buildfng DhOion 51 Winlwm Way, Ashland QIP 57520 (541)488-5305 www.ashfand.orms This pelma apokafl- ewma iia petmp is npiobmined vAdOn 180 days OW k has been accepted as compkfA. suuok.al vak&ftn W Rad*v S O 0 v0 SubboW of PWTVAFWn S Plan mview (25% of pwM fee) Stahl (12% of wTM f-) TOTAL fin- FM $ PrFaA L I IFAM City of Ashland Community Development Department 51 Winburn Way Ashland, OR 97520 Telephone: 541-488-5305 Inspection Line: 541-552-2080 Plan Type: Type I Planning Action Work Class: Type I Planning Action PERMIT �1UMBl=R PA -T1-2021-00149 Apply Date: 5/5/2021 Ma &Tax Lot.. Pro e . Address . 391 E10BD4100 1500 E Main St Owner: Southern Oregon University Owner 1250 Siskiyou Blvd Address: Ashland, OR 97520 Phone: (541) 821-1294 Applicant: Sharpe Energy Solutions Applicant 557 Fordyce St Address: Ashland, OR 97520 Phone: (541) 531-3436 I Site review for (3) Solar trackers at Sciene Works I Fee Description: Amount: Other Type I planning review $1,092.00 Applicant: Date: Total f so"&1 $1,092.00