Ord 2275 - App Modify 97-03 Bns
COUNCIL BILL NO. 2275
ORDINANCE NO. 2275
AN ORDINANCE APPROVING THE MODIFICATION OF A CONDITION IMPOSED
PREVIOUSLY BY THE CITY COUNCIL IN PLANNED UNIT DEVELOPMENT NO.
97-03 (KNOWN AS BOONES CROSSING); AND DECLARING AN EMERGENCY.
WHEREAS, the applicant, Polygon Northwest, submitted Planned Unit Development
Application No. 00-02; and
WHEREAS, this application requested a modification of Planned Unit Development (PUD)
97 -03, known as "Boones Crossing," to modify Condition of Approval "D-1 " to allow the alternative
of a sanitary sewer lift station to serve the proposed development in lieu of requiring only a deep
gravity sanitary sewer, and;
WHEREAS, the Woodburn Planning Commission reviewed the matter at a public hearing
on September 28, 2000 and adopted a final order on October 12, 2000 recommending that the City
Council approve the application, and;
WHEREAS, the Woodburn City Council has reviewed the record pertaining to said
application and heard all public testimony presented on said application; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That PUD Application No. 00-02 is approved and condition "D-l" of PUD 97-
03 is amended to read as follows:
D. SANITARY SEWER:
1. The Applicant shall, at its cost, either serve the entire development, all
phases, by installing a deep sanitary sewer main from the Mill Creek
interceptor located at the intersection of Brown and Cleveland to the south
and east ends of the development or install a lift station in the southeast
corner of the site, of the size and depth (35+/- feet) to serve future needs
and be acceptable to the City's Public Works Department with a 4-inch
force main for initial use and a permanent 8-inch force main (for future
use) to the Mill Creek interceptor. The entire width of Brown Street, that
has been recently paved, shall be resurfaced by the Applicant after
patching the sewer trench. Phased sewer line construction shall be
Page 1 - COUNCIL BILL NO. 2275
ORDINANCE NO. 2275
allowed, however, the termini of sewer line locations and depths shall be
such that it is suited for future extensions to adjoining areas including the
south end of the development.
The preferred location for the sanitary sewer extension shall be within the
southerly extension of Brown Street. However, if the right-of-way or
easements can not be obtained, the system may be constructed though the
rear lots of the Steklov Addition as proposed by the Applicant. This shall
be acceptable only if the Applicant provides the necessary easements to
the city, including access to each manhole for future maintenance.
If the deep sanitary sewer is not installed in the preferred Brown Street
location then the sanitary sewer shall be extended to Brown Street through
either Vine Street or Park View Blvd. It shall then be extended to the
North and South line ofthe development at a sufficient depth to provide
for the future extensions.
2. Applicant and property owner shall submit to the Community
Development Department a signed "Acceptance of Conditions" agreeing
to all conditions of approval. The signed document must be received by
the Community Development Department before the application approval
shall become effective.
Section 2. That the application is approved based upon the Findings in Support, which is
affixed hereto as Attachment "A".
Section 3. That this ordinance being necessary for the immediate preservation of the
public peace, health, and safety, an emergency is declared to exist and this ordinance shall take
effect immediately upon passage by the Counc' d approval by the Mayor.
~ 1\-2'-2000
Approved as to form: IJ J.
City Attorney
Date
Approved: {~ ~
Richard Jennings, yor~
--
Passed by the Council November 27, 2000
Submitted to the Mayor November 29, 2000
Approved by the Mayor November 29, 2000
Filed in the Office of the Recorder November 29, 2000
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ORDINANCE NO. 2275
ATTEST:
(Y1 ~
Mary ~ant City Recorder
City of Woodburn, Oregon
Page 3 - COUNCIL BILL NO. 2275
ORDINANCE NO. 2275
ATTACHMENT "A"
FINDINGS IN SUPPORT
PLANNED UNIT DEVELOPMENT 00-02
I. APPLICATION INFORMATION:
Applicant: Polygon Northwest
2700 NE Andresen, Suite D22
Vancouver, WA 98661
Property Owner: Nancy Bocchi
19164 SW Chesapeake Dr.
Tualatin, OR 97067
Faye Zimmer
16175 NW Blueridge Dr.
Beaverton, OR 97006
II. NATURE OF APPLICATION:
The applicant requests a modification of Planned Unit Development (PUD) 97-03,
known as "Boones Crossing", to modify Condition of Approval "D-1" to allow the
alternative of a sanitary sewer lift station to serve the proposed development in lieu
of requiring only a deep gravity sanitary sewer.
III. RELEVANT FACTS:
Boones Crossing PUD was approved by the City Council on November 8, 1999.
The Council's decision also included approval of applications for annexation
(Annexation 97-08), zone change (Zone Change 97-12), conditional use
(Conditional Use 97-03), and variance (Variance 97-12). Boones Crossing PUD
consists of a 62 acre mixed used development including a 241 lot single family
residential subdivision, a 94 unit multiple family complex, and two acres of
commercial property.
The City Council in approving the project adopted Ordinance No. 2246 which
specified certain conditions of approval. One of these conditions, condition "D-1 ",
requires the developer to install a deep gravity sanitary sewer to connect the project
site to the existing city system. The applicant is currently in the process of
developing improvement plans for phase 1 of the single family residential
subdivision. During this process, the applicant determined that installation of the
required deep gravity sanitary sewer would be extraordinarily expensive for various
FINDINGS IN SUPPORT - PUD 00-02
Page 1
reasons. As a result, the applicant met with City staff to discuss alternatives and
decided to submit a request to modify condition "D-1" to allow the Public Works
Director the discretion to allow flexibility as to whether to allow a deep gravity
system or a lift station.
The proposed development is generally located on the east side of Boones Ferry
Road and south of Parr Road and can be identified on Marion County Assessor's
maps as T5S, R1W, Section 18C, Tax Lots 1100 and 1400, and Section 19B,
portion of Tax Lot 600.
IV. RELEVANT APPROVAL CRITERIA:
A. Woodburn Comprehensive Plan
B. Woodburn Zoning Ordinance:
Chapter 21 Planned Unit Development
V. FINDINGS:
A. Woodburn Comprehensive Plan
FINDING: Applicable goals and policies of the Comprehensive Plan have
been satisfied through the implementing ordinances of the adopted
subdivision standards, zoning ordinance and other ordinances in affect at
the time of approval.
B. Woodburn Zoning Ordinance:
Chapter 21 Planned Unit Development
Section 21.020 Design/Development Criteria:
a. The adequacy and continuity of public facilities is sufficient to
accommodate the proposed development.
FINDING: Boones Crossing PUD was approved with a condition of
approval requiring a deep gravity sanitary sewer to connect the sewer
system in the project to the existing city sewer system. The applicant,
in their application, argues that a deep gravity sanitary sewer
connection would be infeasible for the following reasons:
"1. Gravity sewer will require trenching as deep as twenty-
three (23) feet. The sewer would extend from the site
along Brown Road to Cleveland where the system will
connect with the existing Mill Creek interceptor. This
FINDINGS IN SUPPORT - PUD 00-02
Page 2
depth and length is extra-ordinarily expensive and tests
have revealed extremely saturated soils and ground
water intrusion, which would make it even more
expensive.
2. Cave-ins could occur at this depth of trench with the
presence of ground water that has been identified. This
could impact the existing utilities in Brown Road.
3. Safety could be an issue, the gravity sewer at this depth
will be constructed though areas where the soil has
already been disturbed by the existing gravity sanitary
sewer in addition to all the other utilities within Brown
Road. The construction methods to safely build a deep
gravity system may require a wide construction swath
that could interrupt water and existing sewer services
and could result in the reconstruction of a major portion
of Brown Road causing inconvenience to area
residents.
4. If the lift station alternative is selected, force mains from
the station to the existing City lines would be installed at
a depth of approximately four (4) feet which results in
few interruptions, a higher level of safety and is less
damaging to the street.
5. Construction of a lift station will allow development of
property east of Mill Creek to be served. A gravity
system could be connected to the lift station. A deep
sewer in Brown Road as proposed previously, would
not be able to provide sewer service. These properties
would require installation of a lift station or trunk line up
Mill Creek for service."
To address these issues, the applicant proposes that condition of
approval "D-1" be modified to allow the Public Works Director the
discretion to provide for alternatives in the sewer system design.
Specifically, the applicant requests that this condition of approval be
modified as follows (changes are in Bold and underlined):
D. SANITARY SEWER
1. The Applicant shall, at its cost, either serve the entire
development, all phases, by installing a deep sanitary
sewer main from the Mill Creek interceptor located at
FINDINGS IN SUPPORT - PUD 00-02
Page 3
the intersection of Brown and Cleveland to the south
and east ends of the development or install a lift
station in the southeast corner of the site. of the
size and deoth (35+/- feet) to serve future needs and
be acceotable to the Citv~ Public Works
Deoartment with a 4-inch force main for initial use
and a oermanent 8-inch force main (for future use)
to the Mill Creek interceotor. The entire width of
Brown Street, that has been recently paved, shall be
resurfaced by the Applicant after patching the sewer
trench. Phased sewer line construction shall be
allowed, however, the termini of sewer line locations
and depths shall be such that it is suited for future
extensions to adjoining areas including the south end of
the development.
The preferred location for the sanitary sewer extension
shall be within the southerly extension of Brown Street.
However, if the right-of-way or easements can not be
obtained, the system may be constructed though the
rear lots of the Steklov Addition as proposed by the
Applicant. This shall be acceptable only if the Applicant
provides the necessary easements to the city, including
access to each manhole for future maintenance.
If the deep sanitary sewer is not installed in the
preferred Brown Street location then the sanitary sewer
shall be extended to Brown Street through either Vine
Street or Park View Blvd. It shall then be extended to
the North and South line of the development at a
sufficient depth to provide for the future extensions.
The Public Works Director has submitted comments (see Attachment
"A") concurring with the applicant's request and with the applicant's
proposed modification to the above condition. The above criterion is
satisfied.
b. The features of the site (such a topography, hazards, vegetation, solar
access, etc.) have been adequately considered and utilized.
FINDING: This criterion was satisfied in conjunction with PUD 97-03 and
does not apply to the proposed modification.
c. The size of the development, site and building design and operating
characteristics of the proposed development are reasonably
FINDINGS IN SUPPORT - PUD 00-02
Page 4
compatible with surrounding development and land uses and any
negative impacts have been sufficiently minimized.
FINDING: This criterion was satisfied in conjunction with PUD 97-03 and
does not apply to the proposed modification.
d. Parking areas and entrance-exit points are designed so as to facilitate
traffic pedestrian safety and avoid congestion.
FINDING: This criterion was satisfied in conjunction with PUD 97-03 and
does not apply to the proposed modification.
e. The development design promotes energy conservation through the use
of materials, landscaping and building orientation.
FINDING: This criterion was satisfied in conjunction with PUD 97-03 and
does not apply to the proposed modification.
f. The buildings are located so as to provide light and air according to
yard requirements and afford adequate solar access where desired.
FINDING: This criterion was satisfied in conjunction with PUD 97-03 and
does not apply to the proposed modification.
g. The design promotes crime prevention and safety features through
lighting, visibility of building entrances, secure storage areas, etc.
FINDING: This criterion was satisfied in conjunction with PUD 97-03 and
does not apply to the proposed modification.
h. More useable and suitable located recreation facilities and other
common and public facilities are provided than would be under
conventional land development procedures.
FINDING: This criterion was satisfied in conjunction with PUD 97-03 and
does not apply to the proposed modification.
VI. CONCLUSION:
Planned Unit Development 00-02 satisfies all criteria relating to approval of the
proposed modification to Planned Unit Development approval.
FINDINGS IN SUPPORT - PUD 00-02
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