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HomeMy WebLinkAboutWashington_574_PA-T-2021-00152CITY OF -ASHLAND August 5, 2021 Notice of Final Decision On August 5, 2021, the Community Development Director approved the request for the following: Planning Action: PA -T1-2021.00152 Subject Property: 574 Washington Applicant: Cullen/Beek Properties LLC/Sharpe Energy Solutions Description: A request for Site Design Review approval to allow the installation of two solar trackers for the property located at 574 Washington Street. The application materials indicate that the two pole-mournted `STracker SIB dual axis PV trackers' will provide approximately 93% of the dental offices annual electrical use. The application includes a request for an exception to the screening requirements for mechanical equipment, and includes renderings showing that once the vacant parcels develop the solar trackers will be screened from the adjacent right-of-way. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; MAP: 39 lE 14 AB; TAX LOT: 1600. The Community Development Director's decision becomes final and is effective on the 12'h 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 Winbu n 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(G). 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. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashlarid.or.us SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice) E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to subsection 18.5.1.050.G, 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. I . 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, rrrigbt 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 ori 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 affirm, 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. 4. 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'I'ype 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.B. 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 18.5.1.050.G.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. T nde for 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 of 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 tine 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 cornrnent 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 nova 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 IT public hearing procedures, pursuant to section 18.5.1.060, subsections A — E, except that the decision of the Planning Connrnission 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 the 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: 800-735-2900 www.ashlancl.or,us ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA -T1-2021-00152 SUBJECT PROPERTY: 574 Washington St. OWNER: Cullen/Beck Properties LLC APPLICANT: Sharpe Energy Solutions DESCRIPTION: A request for Site Design Review approval to allow the installation of two solar trackers for the property located at 574 Washington Street. The application materials indicate that the two pole -mounted `STracker S 11 dual axis PV trackers' will provide approximately 93% of the dental offices annual electrical use. The application includes a request for an exception to the screening requirements for mechanical equipment, and includes renderings showing that once the vacant parcels develop the solar trackers will be screened from the adjacent right-of-way. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; MAP: 39 1E 14 AB; TAX LOT: 1600 SUBMITTAL DATE: June 22, 2021 DEEMED COMPLETE DATE: July 2, 2021 STAFF DECISION DATE: August 5, 2021 DEADLINE TO APPEAL (4:30 p.tn.): August 17, 2021 FINAL DECISION DATE: August 18, 2021 APPROVAL EXPIRATION DATE: February 18, 2023 DECISION The application is a request for Site Design Review approval to allow the installation of two dual -axis pole -mounted solar trackers to the south of the existing building. The two solar trackers will provide approximately 93% of the dental offices annual electrical use. The Site Design standards require that mechanical equipment to be screened from rights-of-way so the application includes a request for an exception to the screening requirements. Pro ert The site is located on at 574 Washington St. which is part of the Washington Professional Plaza, a Planned Community located adjacent to Washington Street and south of Highway 66 behind the old Exxon service station. The Washington Professional Plaza is a 3.8 -acre commercial subdivision with 12 building pads six of which are developed with commercial buildings. The subdivision was first authorized by PA42000-97 and recorded as CS 17233. In 2003 it was subsequently replatted which combined lots 9 & 10 of the original subdivision into lot 14 of the replat which was approved by PA#2003-027 and recorded as CS 17818. The subject property sits along the eastern edge of the subdivision and approximately in the middle of the subdivision from north to south. The parcel treasures 72'x168' (0.28 ac) and is zoned E-1 as the eastern half of the subdivision, the western side is zoned C-1. To the east of the subdivision is an island of unincorporated Jackson County which is a vacant 2.39 -acre property PA -TI -2021-00152 571 Washington St./alta Page 1 (under common ownership by the applicant) of which 2.21 acres is in the county. The property is developed with an 8,447 square foot mixed-use building with a dental office space on the ground floor and two residential units on the upper floor (See PA -2002-155). Site Design Review Approval AMC 18.5.2.020.A9 requires Site Design Review approval for the, "Installation of mechanical equipment nol fully enclosed in a structure and not otherwise exempt from site design review 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 height, building orientation, architecture, and other applicable standards." In this instance, the proposal does not involve a typical building and is instead limited to two pole -mounted solar trackers to be installed in the grassy area south of the existing building. The subject property conforms to all of the base standards for the E -I zone in terms of building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, etc. 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 to the south of the existing building on the subject property. Because there are undeveloped parcels within the subdivision the solar trackers will be visible from nearby rights-of-way. As discussed further below staff feels that once these vacant parcels develop they will adequately screen the solar trackers from few. A condition of approval has been included below to require that the applicant obtain applicable building 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)." The property is covered by both the Freeway Overlay as well as the wildfire overlay, but neither of those overlays are relevant to the pending application. The third criterion is that, "The proposal complies with the applicable Site Development and PA -TI -2021-00152 574 Washington St./aha Page 2 Design Standards of part 18.4, except as 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 f -orn public rights-of-way, except alleys, and adjacent residentially zoned property." For mechanical equipment that is not roof- mounted, oofmounted, this section calls for screening to "include features such as a solid woodfence, masonry 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 pole -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 approval criteria for the approval for exceptions (which is the fifth criterion of approval but will be addressed here for simplicity) states: "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 statedpurpose of the Site Development and Design; and the exception requested is the rninirnurn which would alleviate the difficulty." 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 trackers are very large and presently the properties at the southeast corner of the lot are undeveloped. Based on the size of the trackers and the lack of buildings there is an obvious difficulty to manage to screen the trackers from view. That said, the application materials included renderings showing that when those vacant lots develop with future cornmercial buildings the trackers will be screened from view from the right-of-way. Staff fees that the allowing the future development and construction to count as screening is a reasonable accommodation. As detailed in AMC 18.4.3.080.D.6, a driveway serving more than seven parking spaces must be maintained to a minimurn 20 -foot width to a height of 13%2 feet. The applicant states that the trackers will not project over parking or pedestrian sidewalk, and will in any case maintain a minimum 13 %2 foot clearance above grade. 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; sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. " As proposed, the installation does not involve water, sewer, storm 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 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 PA -T1-2021-00152 574 Washington St./aha Page 3 Planning, Building and Electric Departments. Finally, while it doesn't apply to any of the specific side design approval criteria staff initially had concerns that the eastern solar tracker would, depending on its orientation, encroach over the airspace of the Public Utility Easement (PUE) along the east side of the property. The application materials include a letter from Christian Hearn of Davis Hearn Anderson & Turner, PC explaining that in his opinion that "Non-exclusive casements, like PM, are legally assumed to allow the property owner's use of his land within the easement area, subject only to the requirements that the property owners use of his land within the easement area dose not `unreasonably interfere' with the easement owner's use of the easement for its intended purposes" and then concludes that "Since [the] proposed installation of STracker solar panels will not unreasonably interfere with use of the adjacent PUE for its intended purposes, they should be permitted by the City." Staff consulted with Public Works, Ashland Electric Department, and AFN and all three stated that they had no issues with the proposal. In addition, because the applicant stated that he believed that the natural gas service to his building was located along the PUE staff contacted Avista. Avista's Engineering and Real Estate department replied stating that the overhead encroachment is agreeable to Avista. 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 Resign 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. 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; 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 2, There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will resuit in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. Public Comment In accordance with the Land Use Ordinance, Notice of Complete Application (HOCA) was mailed to all surrounding properties within 200' of the subject property as well as a physical notice posted along the frontage. After the mailing of the NOCA, there was erre comment received from the property owner, Ms. Pamela Erickson, of 558 Washington St. (Tax Lot 1400), which is a vacant lot south of the subject property. In her letter she stated that she was "not in favor" of having these solar trackers installed based on their size, and specifically called out the PA -TI -2021-00152 574 Washington St./aha Page 4 concern for mechanical screening. As mentioned above staff felt that the applicant made a strong argument for the exception for the ,required screening when considering that once the future development of the vacant lots is complete the solar trackers will be effectively screened from the right-of-way. Conclusion. Decision & Conditions &Approyal The request for Site Design Review approval the installation of two pole -mounted solar trackers be found to meet all applicable criteria. The applicant has submitted materials to the Planning Department to demonstrate compliance with the applicable approval standards for the approvals requested and by their reference are incorporated as if set out in full. In considering the request, the key issues for staff are in assuring that the proposed placement: l; 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 the tracker height is above that necessary to allow required clearances and as such not impede parking or circulation. 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 staff's final assessment, the application with the attached conditions complies with all applicable City ordinances, Therefore, planning action 4PA-T1-20021-00152 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 -T1-2021-00152 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. 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 consult with the Fire Marshal with regard to General Duel Modification Area and fuel reduction plan requirements in AMC 1$.3.10.100.13 prior to bringing any combustible 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 tip to date on-line at: ashland.or.us/fireseason. 4) 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. PA -TI -2021-00152 574 Washington St./aha Page 5 b. That the building permit submittal shall demonstrate compliance with this approval and all applicable codes including but not limited to building, Bre and electrical codes prior to issuance. 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 %2 foot clearance required for a driveway serving more than seven spaces as detailed in AMC 18.4.3.080.D.6. Vehicular circulation, including fire apparatus access, is not to be impeded by the installation. Bill Molnar, Director - Department of Community Development August 5, 2021 Date PA -T1-2021-00152 574 Washington St./aha Page 6 AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. l am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On 815/21 l 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 -T1-2021-00152, 574 Washington. �g zoe" Signature of Employee DocomeoU 81512021 PA -T1-2021-00152 391E14AB1000 BOMBUS LLC 1380 E MAIN ST ASHLAND, OR 97520 PA -T1-2021-00152 391E14AB1200 EQUITY TRUST COMPANY CUST FBO 100 S FOOTHILL RD MEDFORD, OR 97504 PA -T1-2021-00152 391 E14AB1900 LAYER DAVID R TRUSTEE ET AL 209 SANDPINES DR EAGLE POINT, OR 97524 1 n PA -T1-2021-00152 391E14AB1400 PA -T1-2021-00152 391E14AB800 ERICKSON PAMELA MAY JACOBSON MARTIN SIFRIED YVONN 642 WILSON RD • 1320 PROSPECT ST ASHLAND, OR `97520 ASHLAND, OR 97520 PA-T1-2021-00152391E14AB1100 PA -T 1 -2021-00152 391 El 4ABli 3W MORN I NGSTAR flOWARD W/SUE M NICKELS JACIRICHARDSON DAVID 534 WASHINGTON ST PO BOX 1348 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2021-00152 391E14AB1700 PA -T1-2021-00152 399lE14AB2500 REED STEVE RlJEAN M RICE JOE CMILL R .3728 MANZANITA HEIGHTS DR PO BOX 374 MEDFORD, OR 97504 LOLETA, CA 95551 PA -T1-2021-00152 391E14AB600 PA -T1-2021-00152 391El4AB1800 WASHINGTON PROFESSIONAL PLAZA WEIGAND JOSEPHINE A TRUSTEE E 574 WASHINGTON ST 4295 SW BEN HOGAN DR ASHLAND, OR 97520 REDMOND, OR 97756 PA -T1-2021-00152 PA -T1-2021-00152 ! BRIAN DUNNIGAN DAVID MCFADDEN 908 OAK ST 580 BUSINESS PARK DR. ASHLAND, OR 97520 MEDFORD, OR 97504 PA -TI -2021-00-1'52 391 E14AB500 SJDM INC 355 INDUSTRIAL ClR##D WHITE CITY, OR 97503 PA -T1-2021-00152 391E14AB900 WHITE WATER HOLDINGS LLC 4139 TAMARACK DR MEDFORD, OR 97504 PA -T1-2021-00152 SHARPE ENERGY SOLUTIONS 557 FORDYCE ST ASHLAND, OR 97520 574 Washington N 0 D 815121 18 60, < , � � \ « ; y� > t< � »� ; x 1 > . \ g « < � \� % RH `= Planning Department, 51 Winburn Vvd', Ashland, Oregon 97520 C I T Y 0 F PFF � 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -ASHLAND NOTICE OF APPLICATION PLANNING ACTION: PA -T1-2021-00152 SUBJECT PROPERTY: 574 Washington OWN ERIAPPLI CANT: Cullen/Beck Properties LLC/Sharpe Energy Solutions DESCRIPTION: A request for Site Design Review approval to allow the installation of two solar trackers for the property located at 574 Washington Street. The application materials indicate that the two pole -mounted `STracker S 1 B dual axis PV trackers' will provide approximately 93% of the dental offices annual electrical use. The application includes a request for an exception to the screening requirements for mechanical equipment, and includes renderings showing that once the vacant parcels develop the solar trackers will he screened from the adjacent right-of-way. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E -l; MAP: 39 1E 14 AB; TAX LOT: 1600 NOTICE OF COMPLETE APPLICATION: July 2, 2021 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: July 16r 2021 OVER G'.4comm-deOplanning\PtanningAcIiooAPAsby Street\W\Washingto n\Washington_5741Washingion_574_PA-T1-2021-GO I521hot--icing\Washingtoq_574_PA-Tt-2021-00152_NOC.docz The Ashland Planning Division Staff has 1,eived a complete application for the props J noted on Page 1 of this notice. Because of the COVID-19 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 or planning@ashland.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 https:!Lgis.ashland.or.us/developmentproposais . 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 calling (541) 488-5305 or emailing planning a7_ashland.or.us. Any affected property owner or resident has a right to submit written comments to planning(a)-ashland. 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 Planning 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 application. 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 18.5.1.050.G) 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 or aaron.andersonO-ashland. or. us SITE DESIGN AND USE STANDARDS 18.5.2.050 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. 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; 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 2. 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:konon-detiAplanninglPlanningAction5TAsbySiree151V1washingtonlwashinglon 5745N`ashinglori 574_PA=rI-2021-00152LYolicinb,NVashington_574_PA-i1-2021-00152_AOC.docx AFFIDAVIT OF MAILING 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 July 2, 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 the Planning Action #PA -T1-2021-00152, 574 Washington. Rem N, 7mm Signature of Employee C:1Usersitrappr DesMopiTemplateslAFFIDAVIT OF I. IAILING_Regan.dwx 7/MD21 PA -T1-2021-00152 391E14AB1000 BOMBUS LLC 1380 E MAIN ST ASHLAND OR 97520 M F - f 1-2021-00152 391 E 1 4AB400 BP PRODUCTS NORTH AMERICA INC 2380 ASHLAND ST ASHLAND OR 97520 F, . 1-2021-00152 391 E14AB300 BP PRODUCTS NORTH AMERICA INC 150 W WARRENVILLE RD NAPERVILLE IL 60563 PA -T1-2021-00152 PA -T1-2021-00152 391E14AB1600 PA -T1-2021-00152 Brian Dunnigan CULLENIBECK PROPERTIES LLC David McFadden 908 Oak St 574 WASHINGTON ST 580 Business Park Drive ASHLAND OR 97520 ASHLAND OR 97520 MEDFORD OR 97504 PA -T1-2021-00152 391E14AB1200 PA -T1-2021-00152 391E14AB1400 PA-T1-2021-00152391E14AB800 EQUITY TRUST COMPANY CUST FBO ERICKSON PAMELA MAY JACOBSON MARTIN S/FRIED YVONN 100 S FOOTHILL RD 642 WILSON RD 1320 PROSPECT ST MEDFORD OR 97504 ASHLAND OR 97520 ASHLAND OR 97520 PA -T1-2021-00152 391E14AB1900 LAYER DAVID R TRUSTEE ET AL 209 SANDPINES DR EAGLE POINT OR 97524 PA -T1-2021-00152 391E 14AB 1700 REED STEVE RJJEAN M 3728 MANZANITA HEIGHTS DR MEDFORD OR 97504 PA -T1-2021-00152 391E14AB500 SJDM INC 355 INDUSTRIAL C I R #D WHITE CITY OR 97503 PA -T1-2021-00152 391E14AB1100 MORNINGSTAR HOWARD W/SUE M 534 WASHINGTON ST ASHLAND OR 97520 PA -T1-2021-00152 391 E14AB1300 NICKELS JAC/RICHARDSON DAVID PO BOX 1348 ASHLAND OR 97520 PA -T1-2021-00152 391E14AB2500 PA -T1-2021-00152 RICE JOE C/JILL R Sharpe Energy Solutions PO BOX 374 557 Fordyce St LOLETA CA 95551 ASHLAND OR 97520 PA -T1-2021-00152 391E14AB600 WASHINGTON PROFESSIONAL PLAZA 574 WASHINGTON ST ASHLAND OR 97520 PA -T1-2021-00152 391 E14AB1800 WEIGAND JOSEPHINE A TRUSTEE E 4295 SW BEN HOGAN DR REDMOND OR 97756 PA -T1-2021-00152 391E14AB900 PA -T1-2021-00152 WHITE WATER HOLDINGS LLC 574 Washington 4139 TAMARACK DR NOC 19 MEDFORD OR 97504 7!2/2021 City of Ashland Community Development Department 51 Winbum 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 NUMBER': PA -T1-2021-00152 Apply Date: 6/22/2021 Ma &Tax Lot Pro erf' Address 391E14AB1600 574 Washington St Owner: CULLEN/BECK PROPERTIES LLC Applicant: CULLEN/BECK PROPERTIES LLC Owner 574 Washington St Applicant 574 Washington St Address: Ashland, OR 97520 Address: Ashland, OR 97520 Phone: (541) 482-1991 Phone: (541) 482-1991 Project Descriiition Commercial site design review for 2 pole mounted solar trackers Fee Description: Amount: Commercial Site Review (Type 1) $1,417.00 Applicant: Date: Total Fees': $1,417.00 P11 .� ZONING PERMIT APPLICATION Platining Division CITY OF 51 Winburn Way, Ashland OR 97520 FILEA -T1 , 2—�1�� 00 �-� -ASHLAND 541-488-5305 Fax 541-488-6006 4' DESCRIPTION OF PROJECT 2 pole -mounted STracker S1 B dual -axis PV trackers (23kW) DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? 0 YES 0 NO Street Address 574 Washington St., Ashland, OR 97520 Assessor's Map No. 39 t E 14AB 200 Zoning E 11 APPLICANT Name Cullen/Beck Properties LLC Address 574 Washington St. PROPERTY OWNER Name Dr. Brandt Cullen Address 574 Washington St. Tax Lot(s) Comp Plan Designation Phone E: -&A0 541-482-19Wbrandt.cullen@gmaii.com City Ashland Phone Zip 97520 541 -482 -19%E -Mail brandt.cullen@gmail.com City Ashland Zip 97520 SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title PE Name Jeff Sharpe, SES Phone 541-531.3436 E -Mail Jeff@sharpenergy.net Address 557 Fordyce St Title PE Address 908 Oak St Brian Dunnigan (DEI) Phone city Ashland E -Mail Zip 97520 city Ashland Zip 97520 I hereby codify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact are in all respects, true and correct. 1 understand that all property pins most 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 assumes full responsibility. l further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I produced sufficient factual evidence at the hearing to support this request, 2) that the findings of fact furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at my expense. if I have any doubts, l am advised to seek competent professional advice and assistance. brandt culler D.t.:2 sgnedhyt:63:34-07' brandt 0+/22/2021 Date: 202L.062209:53:34 -0T00' VJ G G G Applicant's Signature Date As owner of the property involved in this request, l have read and understood the complete application and its consequences to me as a property owner. brandt cullen Digitally signed bybrandtcullen 06/22/2021 Date: 2021.06.22 09:53:44 -07'00' Property Owner's Signature (required) Date fro be co"Wed by City Staff] . \ Date Received G J1 Zoning Permit Type Filing Fee $ OVER ►► G `.eomn-dev%plw6ngWomrs R HandoutsVoning Permit Application_ doe C T RAC K E R kit", SOLAR Cuken/Beck Properties LLC 2) STracker S1B Install) (23kW) EPCM Services by Sharpe IEn,ergy Solutions (SES) This high -visibility 23kW solar project elevates (2) pole -mounted STracker S113 dual -axis PV trackers over the grass to the south of the dental office. The installation will offset 52,000 kWh/year of electricity, which is approximately 93% of the office's 2020 annual electricity use, for a first-year cost savings of about $5,700/year. The project's Carbon -footprint reduction is equivalent to sequestration of 45 acres of US Forest/year, 60' TILT NORTH ELEVATION STOW The project will be built by the business who will be able to fully leverage tax -credits, grants and incentives. The project will be able to use an already secured $20k USDA Rural Development Grant and will qualify for $5k in Ashland Solar incentives,. Its turnkey cost is, estimated to be $100k, 60% of which will be recouped by the second year via tax credits and incentives. The project will provide: • Consistent solar -electric energy with significant cost savings to the facility for 35 to 50 years • A solid net -metered Distributed Generation infrastructure providing resilience & strength to site's distribution -grid • Innovative, inspirational and educational opportunities for the community • Local jobs and business development for the City of Ashland This project's STracker Solar units have been developed and fabricated here in Ashland and are operating over a variety of weather environments across Southern Oregon and Northern California. These UL -listed trackers are the first of their class to qualify for Energy Trust of Oregon incentives., STracker Solar has become the respected leader in elevated solar tracking and provides robust trackers with the highest solar energy efficiency available onywhere; with a whooping 50-70% higher efficiency than typical fixed systems, while allowing continued use of the ground below, with no fencing or roof issues. Cullen(2) Planning Submittal (6.16.2021) Written statements explaining how the application meets the intent of the approval criteria from the AMC 18.5.2.050 18.5.2.050Approval Criteria A. Underlying Zone. The proposal complies with all of the applicable provisions Of tile Underlying zolic (part .1- 8 ._2 " including but not litnited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and otlicr applicable standards. The location of the tracker installation is such that no portion of the tracker array, or any other mechanical component, will ever cross any property lines (see the attached site plan). See the attached legal opinion concerning temporary array movement over the existing PUS" on the properties east edge. B. Overlay Zones. Tile proposal complies with applicable overlay zone requirements (part J 83). Yes C. Site Developruentand Design Standards, Tile proposal complies with the applicable Site Development and Design Standards of part 18A, except as provided by subsection E, below. *Landscaping Other Screening requirementsThe only exception required appears to ire for 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 PV -electric equipment in mind. Solar trackers are much more in line with the already exempted rooftop solar, and typical screening would diminish or eliminate any benefit by blocking the solar power it is being installed to harvest. Second, for a city that prides itself with encouraging renewable energy, it seems that these highest efficiency units would be valued and eventually normalized as standard power poles, overhead wire, transformers and rooftop solar already are. STrackers are expressions of technology, clean energy, and community development. Third, the proposed system shows asignificant 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 owner and renewable energy in Ashland by preventing the most efficient, and lowest embedded Carbon racking platform available. *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 request 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. See the attached 3-d renderings showing how the installation will be screened from Washington Ave by future buildings on the vacant lots south of the project site. Di City Facilities. Tile proposal complies with the applicable standards in section 18.4.6 Public Facilities, and that ade(Itiate capacity of City facilities for water, sewer, electricity, Urban storm drainage, paved access to and througliout the property, and adequate transportation can and will be provided to the subject property. Yes Cullen(2) Planning Submittal (6.16.2021) Z'E'Ei; ISE QE; E. Exception to tile Site Development and Design Standards. 'I'lle approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if tile circumstances in either subsection I or 2, below, are found to exist. 1. There is a demonstrable difficulty meeting tile, specific requirements of tile Site Development and Design Standards due to a Ulli(ILie or unusual aspect of an existing structure or tile 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 tile stated purpose of the Site Development and Design; Please see item 2. below and the exception requested is the mininitini 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 to bring a business to Net -0, on a site that is otherwise not suitable, does, in fact, meet this stated purpose for all of the highlighted points below- 18.1.2.0201'turpose 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 the City's stated intentions, the installation is deemed appropriate and a compatible use of the otherwise unused space. In addition, the installation will provide partial shading for the building, plants 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 Cullen(2) Planning Submittal (6.16,2(721) t P- zo ri Cullen(2) Planning Submittal (6,16.2021) SIB Tracker Elevation Views Existing ScienceWorks Units Cullen(2) Elevation Cullen(2) (Planning Submittal (6.16.2021) kEE !12 QL; Future Development Screening from Right of Way Note STracker image behind nol, rill" I �A$.N)Zo 7",11 1:1171 I Ether Screen perspectives CuHen(2) Planning Submittal (6.16.2021) Legal Interpretation of PUE o'verfly AVIS EARN JACKDAVIS CHRISTIAN, HMN NDERSO o�, EUGENE V ANDERSON GARMSWff TURNER A T T 0 R N F Y S A F L A W A PROFESSIONAL, CQRPORXrION Established 1953 515 E. MAIN ST. I AsmAND, OREGON 97520 PHONr: 541,482,3111 1 FAx: 541.488-4455 8vNvw.davishearn.cotn V OUR-3FTsW TizANsmi,rrED BY EMAIL To. Dr. Brandt Cullen (brandt,cullenftmail, coin WA 0. DAMS (1923-2047) WDNEY E. AINSWORTH(027-2003) DONALD M. FINNOCK ' k6red DANIEL L. HARRIS - ROI DAVID V, GILSTRAP - Rel/ed SUSAN V. SALADOFF - Regied JEFFREY K WCOLLUM - Retitad FROM: Chris Hearn (chearnodavishearn.corn) DAvis HEARN ANDERSON & TuRNER, PC (www.davishearn.coni) RE Installation of STracker solar panels adjacent to public utility easement (574 Washington Street). Dear Brandt: You requested my opinion concerning your proposed installation of STracker elevated solar panels adjacent to, City's public utility casement (PUE). This analysis is based on the following factors: The STracker solar panels you propose to install are raised approximately 15 feet above ground level. 4 The supporting posts for the solar panels will be located entirely outside the PUE • Because the panels rotate to track the position of the sun, they will be positioned entirely outside the PUE, but will sometimes encroach within the PUE, although the portion of the panels which occasionally encroach within the PUE will at all times be elevated approximately 15 feet off the ground, and will therefore not interfere with the use or maintenance of the utilities located within the PUE. The solar panels may be easily repositioned at any time to be entirely outside the PUE, in the unlikely event utility maintenance is necessary within the PUE requiring headroom greater than 15 feet tall. DAVIS HFA RN ANMRSON &TURNER, PC 515 E. MAIN Sr. I Asa[ IAND, OREGON 97520 541.482-3111 1 dwarnna davishearn.cot I 3vww.(1;MsJIeAr1I.cojI1 Cullen(2) Planning Submittal (6.16.2021) ISE. Qc� Page -2— Dr. Brandt Cullen June 8, 2o21 Non-exclusive easements, like PURs, are legallyassuined to allow the property owner's use of his land within the easement area, subject only to, the requirement that the property owner's use of his land within the easement area does not "unreasonably interfere" with the easement owner's use of the easement for its intended purposes. In this case, for the reasons enumerated above, the STracker solar panels you propose to install outside the PUE area would typically be permitted by the local jurisdiction, even if they may periodically encroach into the air space elevated approximately 15 feet above the PUE. Simply put, Such use does not unreasonably interfere with use of the PUE for its intended purposes. In the event that maintenance within the PUR was required, and the solar panels elevated above the ground somehow interfered with such maintenance (although I'm not sure how), then the panels could easily be repositioned so as to be entirely outside the PUE area, Additionally, strong statewide public policy encourages the development and implementation of renewable energy sources, like solar, Tile City of Ashland prides itself on adopting policies and standards which promote conservation. Adopting an unnecessarily narrow view of PUE encroachment serves only to impose a chilling effect on such important public policies, and runs contrary to City of Ashland's goals and objectives in promoting community implementation of renewable energy sources. Since your proposed installation of STracker solar panels will not unreasonably interfere with use of the adjacent PUE for its intended purposes, they should be permitted by the City. Sincerely, DAvis HE, ARN ANDD SON & TuRNER, PC Christian E. Hearn I OSB #911829 eheaLw I www.davishearn.com DAVIS I IFIARNANDERSON&TURNE.11, PC 515 E. MAIN &1% Y Asi I I AND, Olt] --,(;ON 97520 ch as ra eortV as ash ad oin I Iv 541.4R2,3111 Cullen(2) Planning Submittal (6.16.2021), YQE�