CUP2017-00004 Decision - SW Atlanta Storage120 DAYS: 3/2/2018
DATE OF FILING: 1/9/2018
DATE MAILED: 1/16/2018
CITY OF TIGARD Washington County, Oregon
NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER
Case Numbers: CONDITIONAL USE PERMIT(CUP2017-00004 /SDR2017-00004/ ADJ2017-00015)
Case Name: ATLANTA STORAGE FACILITY
Applicant’s / Owner
Name/Address:
Trailblazer Development LLC / 333 S State Street, Suite V-144, Lake Oswego, OR 97034
Address of Property: North side at Terminus of SW Atlanta Street; WCTM 1S136CD, Tax Lot 01501.
A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A
CONDITIONAL USE PERMIT, SITE DEVELOPMENT REVIEW, AND ADJUSTMENT. THE CITY OF TIGARD
HEARINGS OFFICER HAS REVIEWED THE APPLICANT’S PLANS, NARRATIVE, MATERIALS, COMMENTS OF
REVIEWING AGENCIES, THE PLANNING DIVISION’S STAFF REPORT AND RECOMMENDATIONS FOR THE
APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A
PUBLIC HEARING ON JANUARY 8, 2018 TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS
DECISION HAS BEEN BASED ON THE FACT, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL
ORDER.
Request: The applicant is requesting a conditional use permit approval for the construction of a five story self-service
storage facility located on a vacant site on the north side of SW Atlanta Street. The applicant is also requesting a site
development review approval for a reduction in off-street parking and bicycle parking requirements and an adjustment
approval for a reduction to minimum driveway spacing. At the duly noticed public hearing on January 8, 2018, the
Hearings Officer approved the Conditional Use Permit, Site Development Review, and Adjustment subject to conditions
of approval.
Zone: C-G: Commercial zoning district: Applicable Community Development Code Chapters 18.330, 18.360, 18.370, 18.390,
18.520, 18.620, 18.705, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795 and 18.810
Action: Approval as Requested Approval Subject to Conditions Denial
Notice: Notice was mailed to:
Owners of Record within the Required Distance Affected Government Agencies
Interested Parties Applicants and Owners
The adopted findings of fact and decision can be obtained from the Planning Division/Community Development Department at
the City of Tigard Permit Center at City Hall.
Final Decision:
THIS DECISION IS FINAL ON JANUARY 16, 2018 AND BECOMES
EFFECTIVE ON FEBRUARY 2, 2018 UNLESS AN APPEAL IS FILED.
Appeal:
The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with standing as
provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard
Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director
within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available
from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON FEBRUARY 1, 2018.
Questions: If you have any questions, please call the Associate Planner Monica Bilodeau in the City of Tigard Planning Division
at 503-718-2429 or AgnesL@tigard-or.gov.
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
Regarding an application by Jeb Koerner for ) F I N A L O R D E R
approval of a Conditional Use Permit to construct and operate a ) CUP 2017-000041
120,252 square foot, 950 unit, self-storage facility at the eastern ) (SW Atlanta
terminus of SW Atlanta Street in the City of Tigard, Oregon ) Storage Facility)
A. FINDINGS AND CONCLUSIONS
1. The applicant, Jeb Koerner, requests approval of a Conditional Use Permit to
construct and operate a five story, 120,252 square foot, 950 unit, self-storage facility on a
1.0-acre parcel located on the north side of SW Atlanta Street at the eastern terminus of
the street. The legal description of the site is Washington County tax map
1S136CD01501 (the “site”). The site and abutting properties to the north and west are
zoned C-G (General Commercial). Properties to the south and east are zoned TMU
(Triangle Mixed Use). The applicant also requests Site Development Review for
reductions in the off-street and bicycle parking requirements and an Adjustment for a
reduction to the minimum driveway spacing. Additional basic facts about the site and
surrounding land and applicable approval standards are provided in the Staff Report to
the Hearings Officer dated December 21, 2017 (the "Staff Report"), incorporated herein
by reference.
2. Tigard Hearings Officer Joe Turner (the “hearings officer”) held a duly noticed
public hearing on January 8, 2017 to receive and consider public testimony in this matter.
The record includes a witness list, materials in the casefile as of the close of the record,
and an audio record of the hearing. 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 relevant testimony offered at the hearing.
a. City planner Agnes Lindor testified on behalf of the City and
summarized the Staff Report.
b. Planner Kate Rogers testified on behalf of the applicant, Jeb Koerner,
and summarized her PowerPoint presentation illustrating the proposed development. She
accepted the findings and conditions in the Staff Report without corrections or objections
and waived the applicant’s right to submit a final argument.
c. No one else testified orally or in writing. The hearings officer closed the
record at the end of the hearing and announced his intention to approve the application,
subject to the conditions in the Staff Report.
1 This Final Order also addresses SDR2017-00004 and ADJ2017-000115
CUP 2017-00004, SDR2017-000004 and ADJ2017-000015 Hearings Officer Final Order
(SW Atlanta Storage Facility) Page 2
3. City staff recommended that the hearings officer approve the application based
on the findings and conclusions and subject to conditions of approval recommended in
the Staff Report. The applicant accepted those findings and conditions without objections.
No one disputed the findings in the Staff Report. The hearings officer agrees with those
findings, conclusions and conditions, and adopts the findings in the Staff Report as
support for this Final Order.
4. 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 the application should be
approved subject to such conditions.
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 CUP 2017-00004, SDR2017-000004 and ADJ2017-000015 (SW
Atlanta Storage Facility), 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 city manager or designee 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
CUP 2017-00004, SDR2017-000004 and ADJ2017-000015 Hearings Officer Final Order
(SW Atlanta Storage Facility) Page 3
3. Prior to site work, the applicant shall submit to the city, 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 years after planting multiplied by the total number of
trees to be planted and maintained. The bond shall be for the 10 newly planted trees.
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
for the 10 newly planted trees.
5. Prior to site work, the applicant shall pay a fee in lieu into the urban forestry
fund for four street trees.
6. Prior to site work, the landscape plan shall be revised to show the tree (Elm)
in the L-1 buffer, to be 3.5-inch caliper at planting.
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:
7. Improvements associated with public infrastructures including street and right of
way dedication, utilities, grading, water quality and quantity facilities, streetlights,
easements, easement locations, and utility connection for future utility extensions
shall be designed in accordance with the following codes and standards:
City of Tigard Public Improvement Design Standards Clean Water 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
8. Improvements associated with public infrastructures including street and right of
way dedication, utilities, grading, water quality and quantity facilities, streetlights,
easements, easement locations, and utility connection for future utility extensions
are subject to the City Engineer’s review, modification, and approval.
9. 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 infrastructures including but not
limited 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
CUP 2017-00004, SDR2017-000004 and ADJ2017-000015 Hearings Officer Final Order
(SW Atlanta Storage Facility) Page 4
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. Public Facility Improvement 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).
10. Prior to commencing of site improvements, submittal of 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.
11. Prior to commencing of site improvements, the applicant shall submit plans
showing the following items to Engineering for review and approval:
SW Atlanta Street along the proposed development frontage shall be shown to
have:
30-foot right of way dedication from centerline 18-pavement improvement from centerline Pavement and road rock section meeting the City of Tigard Standards Curb and gutter 7-foot concrete sidewalk 5-foot planter Driveway approach meeting the City of Tigard Standards Street trees in the planter strip spaced per TDC requirements Streetlights as recommended from the approved photometric analysis Traffic signs meeting the MUTCD and the City of Tigard Standards Storm drainage meeting CWS and City of Tigard Standards Street and sidewalk barricades
SW Atlanta Street along the frontage of Tax Lot 1S136CD01601 shall be shown
to have:
18-pavement improvement from centerline Pavement and road rock section meeting the City of Tigard Standards Curb and gutter 7-foot concrete sidewalk 5-foot planter Driveway approach meeting the City of Tigard Standards Street trees in the planter strip spaced per TDC requirements Streetlights as recommended from the approved photometric analysis Traffic signs meeting the MUTCD and the City of Tigard Standards Storm drainage meeting CWS and City of Tigard Standards
SW Atlanta Street along the unimproved portion east of the existing driveway
approach at Tax Lot 1S136CD02000 shall be shown to have:
CUP 2017-00004, SDR2017-000004 and ADJ2017-000015 Hearings Officer Final Order
(SW Atlanta Storage Facility) Page 5
16-pavement improvement from centerline Pavement and road rock section meeting the City of Tigard Standards Curb and gutter Storm drainage
12. Prior to commencing of site improvements, the applicant shall 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.
13. Prior to commencing of site improvements, the applicant shall provide
Engineering Division a photometric analysis along SW Atlanta Street for the
review and approval. Photometric analysis will follow the recommended values
and requirements per ANSI/IESNA. New streetlights are required based on the
photometric analysis; the applicant shall submit plans showing the location of
streetlights to Engineering Division for review and approval. Type and color of
pole and light fixture shall also be included on the plan for review and approval.
14. Prior to commencing site improvements, submit a final storm drainage report as
part of the PFI permit indicating on how run-off from new impervious areas shall
be collected, treated and detained to Engineering Division for review and
approval. The storm drainage report shall be prepared and include a maintenance
plan in accordance with CWS Design and Construction Standards and the City of
Tigard Design Guidelines.
15. Prior to commencing of site improvements, submit site plans as part of the PFI
permit indicating how run-off from new areas will be collected, treated and
detained to Engineering Division for review and approval.
16. Prior to commencing of site improvements, the applicant shall 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.
17. Prior to commencing of site improvements, the applicant shall submit site plans as
part of the PFI Permit showing the location of the proposed sanitary sewer main
and lateral and connections to Engineering for review and approval. Plans also
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.
18. Prior to commencing of site improvements, the applicant shall submit as part of
the PFI Permit site plans showing the location of proposed water improvements
including but not limited to the location of the tap, water meter, double check and
CUP 2017-00004, SDR2017-000004 and ADJ2017-000015 Hearings Officer Final Order
(SW Atlanta Storage Facility) Page 6
fire vaults and any associated facilities to Engineering Division for review and
approval.
19. Prior to commencing of site improvements, an erosion control plan shall be
provided as part of the Public Facility Improvement permit drawings. The plan
shall conform to the "CWS Erosion Prevention and Sediment Control Design and
Planning Manual” (current edition) and submitted to City of Tigard with the PFI
permit plans.
20. Prior to commencing of site improvements, a final grading plan shall be submitted
showing the existing and proposed contours. 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 approved by
the Engineering Division.
21. The design engineer shall indicate, on the grading plan, which area will have
natural slopes between 10 percent and 20 percent, as well as area that will have
natural slopes in excess of 20 percent. This information will be necessary in
determining if special grading inspections and/or permits will be necessary when
the lots develop.
22. A Geotechnical Report prepared by HGSI, dated June 12 2017 was submitted.
The applicant shall incorporate the recommendations of the report into their
design.
23. The final construction plans shall be signed by the geotechnical engineer to ensure
that they have reviewed and approved the plans. The geotechnical engineer shall
also sign the as-built grading plan at the end of the project.
24. The applicant shall obtain a 1200-CN General Permit issued by the City of Tigard
pursuant to ORS 468.740 and the Federal Clean Water Act.
25. Prior to commencing site improvements, the applicant shall submit to Engineering
evidence that Tualatin Valley Water District has been reviewed and approved the
proposed public water facilities.
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:
26. Prior to final building inspection, the applicant shall contact the Staff
Planner, Agnes Lindor, 503-718-2429 for final walk-through. All site
improvements must be completed per approved plans.
CUP 2017-00004, SDR2017-000004 and ADJ2017-000015 Hearings Officer Final Order
(SW Atlanta Storage Facility) Page 7
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:
27. Prior to final building inspection, the deed dedication of the 30-foot right of way
dedication along SW Atlanta Street shall be recorded.
28. When a public sanitary sewer easement is proposed, the easement shall be 15 feet
minimum and be recorded prior to final building inspection.
29. When an existing public sanitary sewer easement needs to be vacated, the
easement vacation shall be completed prior to final building inspection.
30. Prior to final building inspection, the applicant shall complete any work in the
public right-of-way (or public easement) as well as storm water quality and
detention facilities, and public sanitary sewer realignment, and obtain approval
from the Engineering Division.
31. Prior to final building inspection, the applicant shall demonstrate that they have
entered into an agreement on City forms for the maintenance of the private on-site
water quality and detention facilities.
32. Prior to final building inspection, the applicant shall submit to the Engineering
Division a Final Sight Distance Certification for the access driveways on SW
Atlanta Street for review and approval.
33. Prior to issuance of building permits, the applicant shall meet the Mobile
Emergency Responder Radio Coverage requirements as required by Tualatin
Valley Fire and Rescue (TVF&R).
34. Prior to final building inspection, pay the addressing fee. The address fee shall be
assessed in accordance with the current Master Fee Schedule.
35. Prior to final building inspection, the existing overhead utilities crossing the site
shall be relocated and placed underground.
36. Prior to final building inspection, the street shall be monumented in accordance
with Oregon Revised Statutes 92.060.
37. Prior to final building inspection, the applicant shall provide the City with as-built
drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of
the as-builts in “DWG” format, if available; otherwise “DXF” will be acceptable,
and 3) the as-built drawings shall be tied to the City’s GPS network. The
applicant’s engineer shall provide the City with an electronic file with points for
each structure (manholes, catch basins, water valves, hydrants and other water