TUP2020-00002 NOTICE OF TYPE I DECISION
TEMPORARY USE PERMIT TUP2020-00002
TNT FIREWORKS TIGARD
SECTION I. APPLICATION SUMMARY
FILE NAME: TNT FIREWORKS
CASE NO.: Temporary Use Permit(TUP) TUP2020-00002
PROPOSAL: The applicant is requesting a Temporary Use Permit for fireworks sales between
June 23, 2020 to July 6, 2020. Fireworks sales will take place within a temporary
1,500-square-foot tent located near the northwest entrance of the Walmart
parking lot The proposed temporary use will occupy ten parking spaces at the
subject tax lot.
APPLICANT: TNT Fireworks
Attn: Gina Chaddock
PO Box 836
Clackamas,OR 97015
OWNER Walmart Services
7600 SW Dartmouth Street
Tigard, OR 97223
ZONING: C-G: General Commercial zone.The C-G zone is designed to accommodate a
full range of retail, office, and civic uses with a citywide and even regional
trade area. Except where nonconforming,residential uses are limited to mixed-
use developments. A wide range of uses, including but not limited to adult
entertainment, automotive equipment repair and storage, mini-warehouses,
utilities,heliports,medical centers,major event entertainment,and gasoline stations,
are allowed conditionally.
LOCATION: 7600 SW Dartmouth Street;WCTM 2S101BA,Tax Lot 500
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapter 18.110
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request for a Temporary Use Permit. The findings and conclusions on which the
decision is based are noted in Section IV.
THIS APPROVAL IS VALID FROM
JUNE 23,2020 TO JULY 6,2020
TUP2020-00002. TNT FIREWORKS PAGE 1 OF 3
SECTION III. BACKGROUND INFORMATION
Site Information:
The project is located on the south side of SW Dartmouth Street;northeast of Highway 217,and west of
SW 72nd Avenue. The proposed temporary use will be located at 7600 SW Dartmouth Street (WCTM
2S101BA, Tax Lot 500). Tax Lot 500 and the two (2) adjacent properties (7500 SW Dartmouth Street;
WCTM 2S101BA,Tax Lot 101 and 7700 SW Dartmouth Street;WCTM 2S101BA,Tax Lot 600)are part
of an existing retail center.All three (3) properties are owned by Walmart, and the development incudes
the main Walmart store(approximately 138,000 square feet in size),two (2)smaller multi-tenant commercial
buildings (approximately 12,000 square feet each),675 parking spaces,and associated landscaping.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.440 Temporary Uses:
18.440.030 Types of Temporary Uses
Types of Temporary Uses
A. Seasonal or special event. This type of temporary use is a use that by its nature will last less
than one year. Examples of this type of use are those associated with the sale of goods for a
specific holiday, activity, or celebration, uses associated with construction, or seasonal use.
This type of use does not apply to businesses seeking a temporary or interim location.These
types of temporary uses include:
1. Use associated with the celebration of a specific holiday such as the sale of Christmas
trees and fireworks;
The proposed temporary use is for the sale of fireworks, associated with the celebration of a specific
holiday(Fourth of July);therefore,this proposal meets the description of a seasonal or special event.This
Temporary Use Permit is being processed through a Type I procedure.
18.440.050 Approval Criteria
A. Seasonal and special events. The approval authority shall approve or approve with conditions
seasonal and special events when all of the following are met:
1. The use occurs only once in a calendar year and for no longer a period than 30 consecutive
days,except as provided in Paragraph 18.440.050.A.6;
The proposed temporary fireworks sales will take place only once this calendar year.Additionally,the use
will occur between June 23, 2020 and July 6, 2020,which is a period less than 30 consecutive days. This
standard is met.
2. The use is allowed in the applicable base zone;
The sale of fireworks is considered a sales-oriented retail use, which is an allowed use in the C-G zone.
This standard is met.
3. The applicant has proof of the property owner's permission to place the use on the
property;
TUP2020-00002. TNT FIREWORKS PAGE 2 OF 3
'
The application included the property owners written authorization to place the proposed temporary use
on the subject property.This standard is met.
4. There will be no parking utilized by the customers and employees of the temporary use
that is required to meet the minimum parking requirements for the other uses on the
property, as required by Chapter 18.410, Off-Street Parking and Loading.
A recent Minor Modification from 2018 (MMD2018-00030) shows that 679 parking spaces were
provided on site and that 600 parking spaces are required for the site's minimum parking requirement. A
parking lot modification from 2020 (MMD2020-00013) reduced the number of parking spaces on site by
four, bringing the total number of parking spaces from 679 to 675. As of the most recent modification,
75 parking spaces are provided in addition to the minimum parking spaces required. Approximately ten
(10) parking spaces will be occupied for the temporary sale of fireworks, leaving 65 parking spaces in
addition to the minimum parking spaces required. Staff reviewed the applicant's submitted site plan to
determine that no parking will be utilized by the customers and employees of the proposed temporary
use that is required to meet the minimum parking requirements for the other uses on the property. This
standard is met.
5. The use will provide adequate vision clearance, as required by Chapter 18.930, Vision
Clearance Areas, and shall not obstruct pedestrian access on public rights-of-way.
The applicant's site plan demonstrates that the proposed temporary use will take place within a 1500-
square-foot tent located near the northwest entrance of the Walmart parking lot. Accordingly, the
proposed tent will not be located in any public right-of-way, and will not impact vision clearance or
pedestrian access. This standard is met.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Final Decision:
A Temporary Use Permit is a Type I procedure.As such, the Director's decision is final for purposes of
appeal on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The
Director's decision is not appealable locally, and is the final decision of the City.
E. IN --NM
THIS DECISION IS FINAL ON APRIL 15TH, 2020.
AND BECOMES EFFECTIVE ON APRIL 16TH, 2020.
Questions:
If you have any questions,please contact Samuel Copelan at (503) 718-2450 or SamuelCna,tigard-or.gov.
April 15th, 2020
APPROVED BY: Samuel Copelan
Assistant Planner
TUP2020-00002. TNT FIREWORKS PAGE 3 OF 3
ORE1656
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7600 SW Dartmouth St
1/4 - - — - Tigard, OR 97223
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samuelc , 16:40:24,04/15/2020
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Rep: Ron Attaway _
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RECEIVE
City ofTigard
APR O 2020 Case #: 1 PO2�--())a)2-
i L a COMMUNITY DEVELOPiV�NNT
rIGARD Master Land Use Application ORE1656
LAND USE APPLICATION TYPE
❑ Accessory Dwelling Unit(ADU) ❑ Modification: D Type I ❑ Type I I
❑ Adjustment 0 Planned Development:
❑ Annexation ❑ Consolidated Plan
❑ Comprehensive Plan Map Amendment ❑ Concept Plan
❑ Conditional Use D Detailed Plan
❑ Downtown Design Review: ❑ Sensitive Lands Review:
❑ Track 1 0 Track 2 ❑Track 3 D Type I ❑ Type II O Type III
❑ Home Occupation—Type II 0 Site Development Review: O Type I D Type II
❑ Land Partition 0 Subdivision
0 Lot Line Adjustment/Lot Consolidation (RJ "Temporary Use Permit
O Marijuana Facility Permit 0 Urban Forestry Plan:
El Miscellaneous: ❑ Modification ❑ Discretionary Review
D Type II O Type III 0 Zoning Map Amendment
PROJECT INFORMATION
Project name: TNT Fireworks
Brief description of project: Retail sales of consumer fireworks at the Walmart's parking lot with a
30'x 50' framed tent for the 4th of July season from 6/23/20 and 7/6/20.
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SITE INFORMATION
Location (address if available): 7600 SW Dartmouth St, Tigard, OR 97223
Tax map and tax lot number(s): 2S 101 BA, Tax Lot 101, 500 & 600
Site size: Zone: C-G
APPLICANT INFORMATION
Name: Gina Chaddock (tent operator)
Mailing address: PO Box 836 City/State: Clackamas. OR Zip: 97015
Phone: 503-330-1633 Email:
Applicant's representative: Shane L aron
Phone: 503-653-9655 Email: LaronS@tntfireworks.com
City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of2
PROPERTY OWNER INFORMATION 0 Same as applicant ORE1656
(Attach list for additional owners)
Name: Walmart Services
Mailing address: 702 SW 8th Street _City/State: Bentonvile, AR Zip: 72712 _
Phone: 479-273-4298 Email:
SUBMITTAL REQUIREMENTS
In addition to this application form,you must submit all required items listed in Subsection 18.710.030.0 of
Tigard's Community Development Code. If you are unsure what is required with your application,please contact
the planner on duty at 503-718-2421 or tiggardplanneronduty@tigard-or.gov.
I certify that I am the property owner or I am eligible to initiate this application,as provided in the Tigard
Community Development Code. To the best of my knowledge, all the information provided within this application
package is complete and accurate.
ji Shanee Laron p(p'/Zozo
Applicant's signature* Print name Date
*see attached permission letter*
Property owner's signature* Print name Date
Property owner's signature* Print name Date
*The owner must sign this application or submit a separate written authorization when the owner and applicant are
different people.
rye'\ STAFF USE ONLY
Case No.:1 20? -(-)OcoZ Application fee: 'O(p Received by: Date: 4 -
Related Case(s): Determined complete by: Date:
City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of2
Walmart
702 SW 8' ct.
Bentonville_,AR 72712
Phone 479.273.4298
Kyle.Thurman@walmart.com
September 5, 2019
To Whom It May Concern,
American Promotional Events, Inc. dba TNT Fireworks is an approved National Supplier
to conduct fireworks promotions on our Walmart parking lots where this type of
promotion is legal. All stores have been researched and approved by the Walmart
Realty Department. Approximate time frame for the promotions are:
• December 261h, 2019 through and including January 10th, 2020.
• June 12th, 2020 through and including July 12th, 2020 with the exception of Utah
which has an additional selling period through the end of July for Pioneer Days.
American Promotional Events, Inc. dba TNT Fireworks is authorized to sign for and
obtain all necessary permits and/or licenses for the promotion and must display such
permits and/or licenses at each stand/tent. Walmart grants permission for all patrons of
the sate to utilize the restroom facilities at each participating store.
An American Promotional Events, Inc. dba TNT Fireworks representative will call you to
introduce the company and discuss your participation in the event. Participation is
encouraged and does add additional income to your other income account. Store
Management must approve the store's participation and placement on the parking lot by
store stamping the Pre-Sale Survey.
Thank you in advance for your cooperation in this matter and if you have any questions,
please contact TNT Fireworks at 1-800-243-1189 or Walmart Services at 700-925-6278
— IVR Prompt Fireworks.
Best Rega ds,
hurm`an
Walmart Services
A A A <,
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City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
Purposed Use and Information Sheet
Temporary Sales Site:
Wal-Mart #5935
7600 SW Dartmouth St
Tigard, OR 97223
(see attached diagram)
Type of Sales and Product:
Retail sales of 1.4g consumer fireworks
Type of Structure:
30' x 50' framed tent.
Hours and Dates of Operations:
Approximately 8:00 am— 11:00 pm daily
June 23rd thru July 6h.
Operator Name and Phone Number
Gina Chaddock
24hr phone: 503-330-1633
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
Purposed Use and Information Sheet
Temporary Sales Site:
Wal-Mart #5935
7600 SW Dartmouth St
Tigard, OR 97223
(see attached diagram)
Type of Sales and Product:
Retail sales of 1.4g consumer fireworks
Type of Structure:
30' x 50' framed tent.
Hours and Dates of Operations:
Approximately 8:00 am— 11:00 pm daily
June 23rd thru July 6h.
Operator Name and Phone Number
Gina Chaddock
24hr phone: 503-330-1633
A. Seasonal and special events.The approval authority will approve or approve with conditions seasonal and
special events when all of the following are met:
1.The use occurs only once in a calendar year and for no longer a period than 30 consecutive days,
except as provided in Paragraph 18.440.050.A.6;Sales only will occur from June 23 through July 6 of
the year.
2.The use is allowed in the applicable base zone; Temporary use of fireworks tent is in the commercial
zone and is allowed
3.The applicant has proof of the property owner's permission to place the use on the property; owner
signed the TUP application.
4. There will be no parking utilized by the customers and employees of the temporary use that is
required to meet the minimum parking requirements for the other uses on the property, as required by
Chapter 18.410, Off-Street Parking and Loading; a no parking 20'perimeter around the tent will be
blocked off
5.The use will provide adequate vision clearance, as required by Chapter 18.930,Vision Clearance
Areas, and not obstruct pedestrian access on public rights-of-way; and. No temporary use will be
located within the vision clearance triangle. See attached site map(last page)
6. Seasonal markets are allowed in the C-G and MU-CBD zones and may operate from April through
October.The applicant must provide "market rules and policies"for city approval, which are consistent
with the seasonal market use description in Paragraph 18.440.030.A.2 and will be observed for the
duration of the permit. Market rules and policies must include hours of operation, location, product
guidelines,vendor obligations,vehicle loading or unloading, and any other applicable policies guiding
the operation of the market. The city may also consider the following criteria:See attached "Proposed
Used Information"sheet
a. Provide documentation demonstrating adequate and safe ingress and egress exist when
combined with the other uses of the property, in compliance with Chapter 18.920,Access,
Egress, and Circulation;Temporary use of fireworks tent will have safe ingress and egress exits. See
b. Provide documentation demonstrating the use will not•create a traffic hazard, including
coordination with ODOT if applicable;Temporary use of fireworks tent will not create a traffic hazard
in the Albertsons parking lot
c. Provide documentation that the use will not create adverse off-site impacts related to noise,
odors,vibrations, glare,or lights that would be greater than otherwise allowed by uses allowed in the
base zone; and Temporary use of fireworks tent will no create off-site impacts related to noise,odors,
vibrations,glare or lights.
d. Signs are allowed as provided in Chapter 18.435,Signs; however,temporary signs may be
approved for a period of time to correspond with the duration of the seasonal market use. Temporary
signs will only be used during the duration of the fireworks selling period(June 23 through July 6).
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