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Council approves Jervis Middle School site plan but requires full sidewalk and frontage improvements
Summary
After debate over safety, cost and legal tests, the council approved SDR2025-01 for the new Jervis Middle School but revised staff condition 6a – requiring full street frontage improvements including curb, gutter and a 5-foot sidewalk rather than the staff-recommended shoulder extension.
The City of Jervis council on Sept. 4 approved the site development review for the new Jervis Middle School (SDR2025-01) while revising staff-recommended condition 6a. Staff had recommended widening the existing 3-foot shoulder on Douglas Avenue to a 5-foot paved shoulder to provide pedestrian connectivity; the school district appealed that condition. After extended public testimony, technical comments and council questions, the council amended the approval to require full frontage improvements—curb, gutter and a 5-foot sidewalk—instead of the shoulder-only approach.
Applicant representative Sam Hupp argued the shoulder requirement would impose a disproportionate cost and lack an essential nexus because the project does not increase enrollment capacity, citing Dolan v. City of Tigard. Hupp said a contractor estimate for the shoulder work came in at "about a 150 to a $180,000," and the district asked the council to strike condition 6a while accepting the remaining staff conditions. City planner Holly Byron explained staff’s position that a widened shoulder was the least invasive option to provide pedestrian connectivity and that staff coordinated with county and engineering partners. After debate about safety, pedestrian behavior and proportionality, the council’s motion to approve the project with the revised frontage requirement passed on a 4–1 roll-call vote. The council directed staff to mail notices of decision and appeal rights to participants.
