Attention Property Owner: A land use proposal has been submitted for property near where you live or property you own elsewhere. State law requires that the county notify property owners within a certain distance from this property. The proposal and address of the property is described in the "Application" section below. The decision in this case does not directly affect the zoning or use of your property. If you object to the decision, refer to the "Appeal" section. If you have questions, contact the staff person listed at the end of this report. RECONSIDERATION OF DECISION CONDITIONAL USE CASE NO. 15?035 APPLICATION: Application of NorWest Energy 16, LLC, on property owned by James Coates, for a conditional use to establish a photovoltaic solar array power generation facility on a 44.13 acre parcel in a SA (Special Agriculture) zone located at 6221 Coates Drive SE, Salem Section tax lot 00100). DECISION: The Planning Director for Marion County has RECONSIDERED and APPROVED the above-described Conditional Use application subject to certain conditions. EXPIRATION DATE: This conditional use permit is valid only when exercised by OCTOBER 6. 2017. The effective period maybe extended for an additional year subject to approval of an extension (form available from the Planning Division). Additional extensions may not be granted if the regulations under which this decision was granted have changed since the original approval. WARNING: A decision approving the proposal is for land use purposes only. Due to septic, well, and drain ?eld replacement areas, these parcels may not be able to support the proposal. To be sure the subject property can accommodate the proposed use the applicant should contact the Building Inspection Division, (503) 588-5147. This decision does not include approval of a building permit. CONDITIONS: The following conditions must be met before a building permit can be obtained or the approved use established: 1. The applicant shall obtain all required permits from the Marion County Building Inspection Division. 2. Prior to issuance of building permits, the applicant shall provide evidence of an Oregon Department of Environmental Quality 1200-C construction storm water permit to Public Works Land Development Engineering and Permits Division (LDEP). 3. Public Works Land Development Engineering and Permits Division will not approve the use until the following conditions have been satis?ed: . Condition A Prior ?nal building inspection dedicate a 3 0-foot right-of-way half-width along the Wiltsey Street subject property?ontage, and along the Coates Drive subject property frontage commencing ?'om Wiltsey Street south to the intersection with Wiltsey Loop, in order to meet the County standard for a Local road. Dedications should be to the public, not Marion County. Condition Prior to issuance of building permits, obtain a permit ?om MCPW to improve the Wiltsey Street subject property ?'ontage with addition of 3 to 5-foot width gravel road shoulder with associated drainage earthwork and tree removal, depending on site-speci?c location and as ?eld determined by the MCPW Engineering Inspector. Prior to ?nal building inspection, obtain MCPW Engineering inspection acceptance of that work. 4. Prior to ?nal inspection of building permits, the applicant shall implement the Stormwater Erosion and Sediment Control plan submitted with the application to minimize and mitigate soil erosion and compaction resulting from construction of the photovoltaic solar power generation facility. 5. The applicant shall sign and submit a Farm/Forest Declaratory Statement (form enclosed) to the Planning Division. This statement shall be recorded by the applicant with the Marion County Clerk after it has been reviewed and signed by the Planning Director. ADDITIONAL CONDITIONS: Once the approved use is established the following conditions must be continually satis?ed: 6. The applicant shall replant disturbed soils with a weed-free local seed mix and establish a schedule of weed eradication and vegetation management activities suf?cient to maintain a healthy and sustainable plant community on the project site for as long as the photovoltaic solar power generation facility remains on the property. 7. The development shall signi?cantly conform to the site plan submitted with the proposal. Minor variations are permitted upon review and approval of the Planning Director. 8. Failure to continuously comply with the conditions of approval may result in this approval being revoked. Any revocation could be appealed to the county hearings of?cer for a public hearing. 9. At the end of the useful life of the photovoltaic solar power generation facility, the facility shall be retired substantially in conformance with the decommissioning plan submitted with the application. At the end of life, all non-utility owned equipment, conduits, structures, and foundations will be removed to a depth of at least three feet below grade. OTHER PERMITS. FEES. AND RESTRICTIONS: This approval does not remove or affect covenants or restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from other local, State or Federal agencies. This decision does not take the place? of, or relieve the responsibility for, obtaining other permits or satisfying restrictions or conditions thereon. It is recommended that agencies mentioned in Finding #6 below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 10. The applicants should contact Turner Fire District to obtain a copy of the District?s Recommended Building Access and Premise Identi?cation regulations and the Marion County Fire Code Applications Guide. Fire District access standards may be more restrictive than County standards. APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications he considered ?rst by the County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regula- tions the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request that the application be considered by a Marion County hearings of?cer after a public hearing. The applicant may also request reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension of the 150 day time limit for review of zoning applications. A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or consideration by a hearings of?cer, must be in writing (form available from the. Planning Division) and received in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 4:00 pm. on OCTOBER 5.. 2015. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the of?ce. This decision is effective OCTOBER 6, 2015 unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject property is designated Special Agriculture in the Marion County Comprehensive Plan and zoned SA (Special Agriculture). The intent of both designation and zone is to promote and protect commercial agricultural operations. - 2. The subject parcel is located on the west side of Coates Drive approximately 600 feet south of its intersection with Wiltsey Loop. The property contains a non-farm dwelling, well and septic system. The property was the subject of a previous land use case, Conditional Use 12-036 (CU12-03 6), that approved the dwelling and is considered a legal parcel for land use purposes. 3. Surrounding uses to the south, west and southeast consist of properties in farm use in an SA zone. Properties to the north and east are zoned RS (Single Family Residential). Soil Survey of Marion Conny Oregon indicates 54% of the subject property is high-value farm soils. A site speci?c soil survey of the subject property submitted for CU12-036 determined that 95% of the soils on the property are composed of Class IV through VIH soils. The property lies within the Willamette Valley viticulture area designated in 27 CFR 9.90. The applicant is proposing to establish a photovoltaic solar array power generation facility. The request was originally approved, however, the applicant requested a reconsideration during the appeal period to clarify the ownership of the property and the photovoltaic solar power generation facility, who is responsible for operation of the facility, and provide details on how and when the facility will be retired. Public Works Land Development Engineering and Permits requested that Conditions A and be included in the approval of the land use decision. LDEP also commented on requirements that are not part of the land use decision and available for review in the planning ?le. LDEP will not approve the ?nal use until the following condition has been met: - Condition A Prior ?nal building inspection dedicate a 3 0-foot right-of-way half-width along the Wiltsey Street subject property frontage, and along the. Coates Drive subject property frontage commencing ?om Wiltsey Street south to the intersection with Wiltsey Loop, in order to meet the County standard for a Local road. Dedications should be to the public, not Marion County. Nexus is the planned construction of a public power generation facility that will generate a net increase in traf?c above and beyond the existing Special Agricultural use, and the need to accommodate future road improvements including accommodation for utilities. It appears that a 10-foot de?ciency in width exists along the subject property public road frontages. Condition Prior to issuance of building permits, obtain a permit from MCPW to improve the Wiltsey Street subject property ?ontage with addition of 3 to 5?foot width gravel road shoulder with associated drainage earthwork and tree removal, depending on site-speci?c location and as ?eld determined by the MCPW Engineering Inspector. Prior to ?nal building inspection, obtain MCPW Engineering inspection acceptance of that work. Nexus is for traf?c safety. The gravel shoulder provided shall be a total of 3 to 5 feet in width, depending on location, with 5% downslope, 8 inches in thickness, to compacted, crushed rock meeting MCPW Engineering construction standards. There are several large diameter trees within 10 feet from the edge-of- pavement that are in the way of shoulder widening, and in and of themselves present as ?xed object hazards to vehicular traf?c. - Marion County Building Inspection commented that permits would be required for construction. All other contacted agencies either failed to respond or stated no objections to the proposal at time this decision was written. Chapter 17.137.050 (F) (3) of the Marion County Code (MCC) permits, in an SA zone, photovoltaic solar power generating facilities as a conditional use, subject to MCC 17.120.110. MCC 17.120.110(2) states that, for high-value farmland soils described at ORS 195 .300(10), the following must be satis?ed: (A) A photovoltaic solar power generation facility shall not preclude more than 12 acres ?'om use as a commercial agricultural enterprise unless an exception is taken pursuant to ORS 197.732 and OAR Chapter 660, Division 004; The facility is proposed for 12 acres of the 44.13 acre parcel..This criterion is met. (B) The proposed photovoltaic solar power facility will not create unnecessary negative impacts on agricultural operations conducted on any portion of the subject property not occupied by project components. Negative impacts could include, but are not limited to, the unnecessary construction of roads dividing ?eld or multiple ?elds in such a way that creates small or isolated pieces of property that are more dif?cult to farm, and placing photovoltaic solar power generation facility project components on lands in a manner that could disrupt common and accepted farming practices; The facility will be located on the north end of the property adjacent to Wiltsey Road. Access will be via Wiltsey . Road. The point of interconnection to electrical power lines will be on Wiltsey Road east of the driveway access, according to the amended site plan. Activities and development associated with the facility will not affect the area - of high value soils or agricultural activities in the south part of the property. The applicant?s statement also indicated that NorWest Energy 16, LLC is responsible for the facility and agrees to retire the facility at the end of .. the useful life of the photovoltaic solar power generation facility. The reconsideration of the original approval was requested to clarify the ownership of the property and the photovoltaic solar power generation facility and who is responsible for operation of the facility, and provide details on how and when the facility will be retired. The applicants submitted a decommissioning plan with the request for reconsideration. A condition of approval will require that, at the end of the useful life of the photovoltaic solar power generation facility, NorWest Energy 16, LLC shall retire the facility substantially in conformance with the submitted plan. At the end of life, all non- utility owned equipment, conduits, structures, and foundations will be removed to a depth of at least three feet below grade. This criterion is met. (C) The presence of a photovoltaic solar power generation facility will not result in unnecessary soil erosion or loss that could limit agricultural productivity on the subject property. This provision may be satis?ed by the submittal and county approval of a soil and erosion control plan prepared by an adequately quali?ed individual, showing how unnecessary. soil erosion will be avoided or remedied and how topsoil will be stripped, stockpiled and clearly marked. The approved plan shall be attached to the decision as a condition of approval; Development of the property for the photovoltaicsolar power generation facility will include minor amounts of soil disturbance for installation of the solar panels and underground electrical lines. The applicant submitted a soil and erosion control plan to minimize the area of disturbed soil as part of the conditional use application. In addition, LDEP will require a grading plan and submission of evidence that a 1200-C construction stormwater permit has been obtained from the Oregon Department of Environmental Quality at the time building permits are obtained to construct the photovoltaic solar power generation facility. This criterion is met subject to conditions. (D) Construction or maintenance activities will not result in unnecessary soil compaction that reduces the productivity of soil for cropproduction. This provision may be satis?ed by the submittal and county approval of a plan prepared by an adequately quali?ed individual, showing how-unnecessary soil compaction will be avoided or remedied in a timely manner through deep soil de-compaction or other appropriate practices. The approvedplanshall be attached to the decision as a condition of approval; The applicant submitted a soil erosion and sediment control plan that includes measures to minimize and mitigate soil compaction during road construction, clearing of large trees and solar array construction. In addition, LDEP will require submission of a grading plan as part of the building permit for construction of the facility. Once the facility is constructed, no activities leading to soil compaction are expected. This criterion is met Subject to conditions. . (E) Construction or maintenance activities will not result in the unabated introduction or spread of noxious weeds and other undesirable weeds species. This provision may be satis?ed by the submittal and county approval of a weed control plan prepared by an adequately quali?ed individual that includes a long-term maintenance agreement. The approved plan shall be attached to the decision as a condition of approval. The applicant submitted a weed control plan with the application that includes replanting disturbed soil with a weed-free local seed mix and periodic vegetation maintenance for continued weed management. Vegetation management and weed control on the project site can be made a condition of approval. This criterion is met. (F The project is not located on high-value farmland soil unless it can be demonstrated that: (1) Non high-value farmland soils are not available on the subject tract; or (ii) Siting the project on non high?value farmland soils present on the subject tract would signi?cantly reduce the project ?s ability to operate successfully; or The proposed site is better suited to allow continuation of an existing commercial farm or ranching operation on the subje?i tract than other possible sites also located on the subject tract, including those comprised on non high-value farmland soils. The project is located on the portion of the property with non-high value farmland soils. This criterion is met. (G) A study area consisting of lands zoned for exclusive farm use located within one mile measured ?om the center of the proposed project shall be established and: If fewer than 48 acres of photovoltaic solar power generation facilities have been constructed or received land use approvals and obtained building permits within the study area, no further action is necessary; - i (it) When at least 48 acres of photovoltaic solar power generation facilities have been constructed or received land use approvals and obtained building permits, either as a single project or multiple facilities within the stuay area, the local government or its designate must find that the photovoltaic solar power generation facility will not materially alter the stability of the overall land use pattern of the area. The stability of the overall land use pattern of the area will be materially altered if the overall e?ect of existing and potential photovoltaic solar power generation facilities will make if more dijficultfor'the existing farms and ranches in the area to continue operation due to diminished opportunities to expand, purchase or lease farmland or acquire water rights, or will reduce the number of tracts or acreage in farm use in a manner that will destabilize the overall character of the study area. There are no other photovoltaic solar power generation facilities located within one mile of the subject property. This criterion is met. In addition to the speci?c criteria above, the proposal must also satisfy the conditional use criteria in MCC Those requirements are: The use will not force a signi?cant change in, or significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use. Land devoted to farm or forest use does not include farm or forest use on lots or parcels upon which a non-farm or non-forest dwelling has been approved and established, in exception areas approved under ORS 197.732, or in an acknowledged urban growth boundary. . Adequate ?re protection and other rural services are, or will be, available when the use is established. The use will not have a signi?cant adverse impact on watersheds, groundwater, ?sh and wildlife habitat, soil and slope stability, air and water quality. (aD Any noise associated with the use will not have a signi?cant adverse impact on nearby land uses. The use will not have a significant adverse impact on potential water impoundments identified in the Comprehensive Plan, and not create significant con?icts with operations included in the Comprehensive Plan inventory of significant mineral and aggregate sites. The location of the proposed facility is in an area of the subject property that is not currently being actively farmed. Residential uses border the subject parcel on the north, northeast, and west sides. No additional land will be taken out of production from farming because of this use. The use will not raise the cost of farming in the area. The proposal meets The property is in the Turner Fire District and law enforcement is provided by Marion County. All other needed rural services are currently available to the property. The criterion in is satis?ed. The property is not located within a unique or specially classed watershed area, ?oodplain or geologic hazards overlay zone. The property is located within a groundwater limited area, but the proposed use will not increase demand for water. The Marion County Comprehensive Plan identi?es no potential water impoundments or signi?cant mineral and aggregate sites in the area. The proposal meets and There is no evidence indicating that noise generated by the proposal will be heard off the property or have any impact on surrounding uses. The proposal meets - 10. Based on the above ?ndings it has been determined that the applicant?s request meets all applicable criteria for establishing a photovoltaic'solar array power generation facility and is, therefore, APPROVED, subject to conditions. Warren Jackson Date: 9-18-15 Director-Planning Division Ifyou have any questions please contact Lisa Milliman at (503) 588-5038.