CUP2017-00005 Decision - Jackson Food Stores #530
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by Barghausen Consulting ) F I N A L O R D E R
Engineers for a conditional use permit for redevelopment ) CUP2017-00005/
of an existing gas station and store at 11290 SW Bull ) ADJ2018-00011
Mountain Road, in the City of Tigard, Oregon ) (Jackson Food Store No. 530)
A. SUMMARY
1. The applicant, Barghausen Consulting Engineers, requests approval of a
conditional use permit for the redevelopment of the existing Jackson Gas Station and
Food Store No. 530 located at 11290 SW Bull Mountain Road; also known as WCTM
2S110AC, Tax Lot 01101 (the “site”). The proposal includes demolition of the existing
convenience store, car wash, and dispenser canopy and construction of a new 4,250-
square-foot convenience store, dispenser canopy, and associated site improvements. The
applicant is also requesting an adjustment to the driveway spacing standard. Additional
basic facts about the site and surrounding land and applicable approval standards are
provided in the Staff Report to the Hearings Officer dated May 31, 2018 (the "Staff
Report"), incorporated herein by reference.
2. Tigard Hearings Officer Joe Turner (the “hearings officer”) conducted a duly
noticed public hearing to receive testimony and evidence in this matter. At the public
hearing, City staff recommended approval of the application, subject to conditions of
approval in the Staff Report. Representatives of the applicant testified in support of the
application. One person testified orally with questions and concerns about the application.
The only disputed issue in this case is whether the applicant can prevent pedestrians from
crossing SW Bull Mountain Road outside of the marked crosswalk.
3. Based on the findings and discussion provided or incorporated in this final
order, the hearings officer concludes that the applicant sustained the burden of proof that
the proposed development does or will comply with the applicable criteria of the
Community Development Code, provided development that occurs after this decision
complies with applicable local, state, and federal laws and with conditions of approval
warranted to ensure such compliance occurs in fact. Therefore those application should be
approved subject to such conditions.
B. HEARING AND RECORD
1. The hearings officer received testimony at the public hearing about this
application on June 11, 2018. All exhibits and records of testimony are filed with the
Tigard Department of Community Development. At the beginning of the hearing, the
hearings officer made the declaration required by ORS 197.763. The hearings officer
disclaimed any ex parte contacts, bias or conflicts of interest. The following is a summary
by the hearings officer of selected testimony offered at the public hearing in this matter.
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2. City planner Agnes Lindor summarized the Staff Report and the proposed
development.
3. Charles Moseley and Dan Haga testified on behalf of the applicant, Barghausen
Consulting Engineers. Mr. Moseley accepted the findings and conditions in the Staff
Report without exceptions. Mr. Haga noted that there is an existing cross-walk on SW
Bull Mountain Road at the intersection with Highway 99, which provides safe pedestrian
access to the site. The only way to prevent pedestrians from crossing the street outside of
the crosswalk is through enforcement.
4. Reverend Dorothy Cottingham expressed concern with customers of the
existing Jackson store crossing SW Bull Mountain Road outside of the crosswalk in order
to reach the site. She questioned whether the proposed development will take steps to
prevent such hazardous movements.
3. Principal city engineer Khoi Le testified that pedestrians crossing SW Bull
Mountain Road outside of the crosswalk are doing so illegally. There is a marked
crosswalk at the Highway 99 intersection, a few hundred feet to the east. The only way to
prevent pedestrians from crossing the street outside of the crosswalk would be to install a
physical barrier in the roadway. However the site frontage is within the ODOT controlled
influence area of the Highway 99 intersection. ODOT would be unlikely to allow such a
barrier, as it would limit left turn movements on Bull Mountain Road. This issue can only
be addressed through enforcement.
4. The hearings officer closed the record at the end of the hearing and announced
his intention to approve the application subject to the recommended conditions of
approval in the Staff Report.
C. DISCUSSION
1. City staff recommended that the hearings officer approve the application, based
on the affirmative findings and subject to conditions of approval in the Staff Report. The
applicant accepted those findings and conditions without exceptions.
2. The hearings officer finds that the Staff Report accurately identifies all of the
applicable standards for the application and contains sufficient findings showing the
application does or can comply with those standards subject to conditions of approval,
based on substantial evidence in the record. The hearings officer adopts the affirmative
findings in the Staff Report as his own except, except to the extent they are inconsistent
with the following findings.
3. The hearings officer understands Reverend Cottingham’s concerns with illegal
pedestrian crossings on Bull Mountain Road. As discussed at the hearing, a physical
barrier is the only way to prevent such crossings. However a barrier sufficient to preclude
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pedestrian crossings would likely interfere with vehicular traffic and potentially create a
safety hazard. The existing crosswalk east of the site provides safe and legal access to the
site for pedestrians accessing the site from the north side of Bull Mountain Road.
Reasonably prudent pedestrians will utilize this crosswalk. Unfortunately not all
pedestrians are prudent. However there is no evidence that the development proposed in
this application will contribute a disproportionate share of imprudent pedestrians. If
necessary the City can address issues of jaywalking by providing increased enforcement
of traffic laws in this area.
B. ORDER
In recognition of the findings and conclusions contained herein, and incorporating
the Staff Report and public testimony and exhibits received in this matter, the hearings
officer hereby approves CUP2017-00005 and ADJ2018-00011(Jackson Food Store No.
530), subject to the following conditions of approval:
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO COMMENCING ANY SITE WORK:
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the
COMMUNITY DEVELOPMENT DEPARTMENT ATTN: Agnes Lindor, 503-718-
2429. The cover letter shall clearly identify where in the submittal the required
information is found:
1. Prior to site work, the project arborist shall perform a site inspection for tree
protection measures, document compliance/non-compliance with the urban
forestry plan, and send written verification with a signature of approval
directly to the project planner within one week of the site inspection.
2. The project arborist shall perform semimonthly (twice monthly) site inspections
for tree protection measures during periods of active site development and
construction, document compliance/non-compliance with the urban forestry plan,
and send written verification with a signature of approval directly to the project
planner within one week of the site inspection.
3. Prior to site work, the applicant shall provide a tree establishment bond for all trees
to be planted in accordance with the approved urban forestry plan. The total bond
amount shall be equivalent to the city’s average cost to plant and maintain a tree per
the applicable standards in the Urban Forestry Manual for a period of one year after
planting multiplied by the total number of trees to be planted and maintained. Final
amount determined upon submittal of revised plans.
4. Prior site work, the applicant shall submit to the city the current Inventory
Data Collection fee for urban forestry plan implementation. The fee shall be
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for the two preserved trees and any newly planted trees. Final amount
determined upon submittal of revised plans.
5. The applicant shall submit a revised plan showing the required street trees,
pay into the street tree fund, or a combination thereof.
6. Tree #16 is too close to paved surfaces, and Trees #19 through #24 do not
meet the minimum 30-foot spacing requirements and spacing from
underground utilities. The applicant shall submit a revised urban forestry
plan and supplemental report to address these deficiencies, pay into the
urban forestry fund, or combination thereof.
7. The applicant shall submit a revised plan showing the required screening for
the refuse areas.
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the
ENGINEERING DEPARTMENT, ATTN: Khoi Le 503-718-2440. The cover letter
shall clearly identify where in the submittal the required information is found:
8. Improvements associated with public infrastructure, including street
improvements and right-of-way dedication, utilities, grading, water quality and
quantity facilities, streetlights, easements, easement locations, and utility
connections for future utility extensions shall be designed in accordance with the
following codes and standards:
City of Tigard Public Improvement Design Standards
CleanWater Services (CWS) Design and Construction Standards
Tigard Community Development Codes, Municipal Codes
Fire Codes
Other applicable Utility District, County, State, and Federal Codes and
Standard Guidelines
9. Improvements associated with public infrastructure, including street
improvements and right-of-way dedication, utilities, grading, water quality and
quantity facilities, streetlights, easements, easement locations, and utility
connections for future utility extensions, are subject to the City Engineer’s review,
modification, and approval.
10. Prior to commencing site improvements, a Public Facility Improvement (PFI)
Permit is required for this project to cover all public infrastructure work including
storm water quality and detention facilities and any other work in the public right-
of-way. Four (4) sets of detailed public improvement plans shall be submitted for
review to the Engineering Department. An Engineering cost estimate of
improvements associated with public infrastructure including but not limited
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to street, street grading, utilities, stormwater quality and water quantity
facilities, sanitary sewer, streetlights, and franchise utilities shall be required
at the time of PFI Permit submittal. Engineering cost estimate of water
improvement shall be listed as a separate line item from the total cost
estimate. NOTE: these plans are in addition to any drawings required by the
Building Division and should only include sheets relevant to public
improvements. PFI Permit plans shall conform to City of Tigard Public
Improvement Design Standards, which are available at City Hall and the City’s
web page (www.tigard-or.gov).
11. Prior to commencing site improvements, submit the exact legal name, address and
telephone number of the individual or corporate entity who will be designated as
the “Permittee,” and who will provide the financial assurance for the public
improvements. For example, specify if the entity is a corporation, limited
partnership, LLC, etc. Also, specify the state within which the entity is
incorporated and provide the name of the corporate contact person. Failure to
provide accurate information to the Engineering Department will delay processing
of project documents.
12. Prior to commencing site improvements, submit plans showing the following
items to Engineering for review and approval:
SW Bull Mountain Road along the proposed development frontage shall be shown
to have:
Between 35 feet and 42 feet of right-of-way from centerline dedication to
accommodate the following:
o 6-foot half center lane
o 11-foot travel lane
o 5-foot bike lane
o 11-foot right turn lane where required
Curb and gutter
8-foot curb tight sidewalk
5-foot planter where required
Storm water LIDA where required
Driveway approaches meeting the City of Tigard Standards
Street trees in the planter strip spaced per requirements
Streetlights as recommended from the approved photometric analysis
Street and bike lane striping and traffic signs meeting the City of Tigard
Standards, the Manual of Uniform Traffic Control Devices (MUTCD), and
applicable codes
Street transition from narrower to wider sections meeting the City of
Tigard and ODOT Standards
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13. Construction on the old Frontage Road, Pacific Highway/Highway 99, and ODOT
controlled influence area on SW Bull Mountain Road will require a permit with
ODOT. New and replaced sidewalk on the old Frontage Road must be constructed
in concrete and meet the City of Tigard and ODOT standards.
14. Prior to commencing site improvements, provide a construction vehicle access
and parking plan for approval by the City Engineer. The purpose of this plan is for
parking and traffic control during the public improvement construction phase. All
construction vehicle parking shall be provided onsite. No construction vehicles or
equipment will be permitted to park on the adjoining residential public streets.
Construction vehicles include the vehicles of any contractor or subcontractor
involved in the construction of site improvements or buildings proposed by this
application, and shall include the vehicles of all suppliers and employees
associated with the project.
15. Prior to commencing site improvements, provide a photometric analysis along
SW Bull Mountain Road for the review and approval. Photometric analysis will
follow the recommended values and requirements per ANSI/IESNA. If new
streetlights are required based on the photometric analysis, the applicant shall
submit plans showing the location of streetlights for review and approval. Type
and color of pole and light fixture shall also be included on the plan.
16. Prior to commencing site improvements, submit a final storm drainage report and
site plans as part of the PFI Permit indicating how run-off from new and modified
impervious areas located onsite and offsite will be collected and treated for review
and approval. The storm drainage report shall include a maintenance plan in
accordance with CWS Design and Construction Standards and the City of Tigard
Design Guidelines.
17. Prior to commencing site improvements, obtain a CWS Stormwater Connection
Authorization prior to issuance of the City of Tigard PFI Permit. Plans shall be
submitted to the City of Tigard for review. The city will forward plans to CWS
after preliminary review.
18. Prior to commencing site improvements, submit site plans as part of the PFI
Permit showing the location of proposed sanitary sewer laterals and connections
for review and approval. Plans shall include any existing and proposed public
sanitary sewer easements. All public sanitary sewer facilities and easements shall
be designed and constructed in accordance with the City of Tigard and CWS
Design and Construction Standards.
19. Prior to commencing site improvements, submit site plans as part of the PFI
Permit showing the location of proposed water improvements, including but not
limited to the location of the tap, water meter, double check and fire vaults, fire
hydrants, and any associated facilities for review and approval.
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20. Prior to commencing site improvements, provide an erosion control plan as part of
the PFI Permit. The plan shall conform to the "CWS Erosion Prevention and
Sediment Control Design and Planning Manual” (current edition).
21. Prior to commencing site improvements, submit a final grading plan showing the
existing and proposed contours for review and approval. The plan shall detail the
provisions for surface drainage, and show that they will be graded to ensure that
surface drainage is directed to the street or a public storm drainage system.
22. Prior to commencing site improvements, obtain a 1200-CN General Permit issued
by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act.
23. Prior to commencing site improvements, provide written approval from Tualatin
Valley Fire & Rescue for fire flow, hydrant placement, and emergency vehicular
access and turn around.
24. Prior to commencing site improvements, provide written approval from ODOT
for work in the old Frontage Road, Pacific Highway/Highway 99, and ODOT
controlled influence area on SW Bull Mountain Road.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO A FINAL BUILDING INSPECTION:
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the
COMMUNITY DEVELOPMENT DEPARTMENT ATTN: Agnes Lindor 503-718-
2429. The cover letter shall clearly identify where in the submittal the required
information is found:
25. Prior to final building inspection, the applicant shall contact the Project
Planner, Agnes Lindor, 503-718-2429 for final walk-through. All site
improvements must be completed per approved plans.
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the ENGINEERING
DEPARTMENT, ATTN: Khoi Le 503-718-2440. The cover letter shall clearly identify
where in the submittal the required information is found:
26. Prior to final building inspection, record the deed dedication of the right-of-way
along SW Bull Mountain Road and a 6-foot PUE along the frontage of SW Bull
Mountain Road. Document shall be on the City form.