TUP2016-00021 NOTICE OF TYPE I DECISION
TEMPORARY USE PERMIT TUP2016-00021 114 19
FAYE'S FIREWORKS SALES T I G A R D
SECTION I. APPLICATION SUMMARY
FILE NAME: FAYE'S FIREWORKS SALES
CASE NO.: Temporary Use Permit(TUP) TUP2016-00021
PROPOSAL: The applicant is requesting a Temporary Use Permit for fireworks sales between
June 23, 2016 and July 6, 2016. Fireworks sales will take place within a
temporary 40' by 40' tent in the Haggen parking lot, located in the Tigard
Towne Square shopping center.
APPLICANT: Faye's Fireworks- 1 OWNER Haggen Opco North&South LLC
Attn: Faye Trupka Attn:John Clougher
766 W Ellendale Avenue 16200 SW Pacific Highway
Dallas,OR 97338 Tigard,OR 97224
ZONING: C-G: General Commercial District. The C-G zoning district is designed to
accommodate a full range of retail, office and civic uses with a city-wide and
even regional trade area. Except where nonconforming, residential uses are
limited to single-family residences which are located on the same site as a
permitted use. 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 permitted conditionally.
LOCATION: 16200 SW Pacific Highway;WCTM 2S115AB,Tax Lot 1901
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapter 18.785
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, subject to certain conditions of approval.
The findings and conclusions on which the decision is based are noted in Section IV.
CONDITIONS OF APPROVAL
PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
1. There shall be a maximum of one (1) temporary sign permitted on the site. A sign permit shall be
required for the temporary sign. The total area of a temporary sign shall not exceed 24 square feet.
Temporary banner signs shall not exceed 24 square feet.Temporary A-frame signs shall not exceed
12 square feet per face (TDC 18.780.100).STAFF CONTACT: Planner on Duty(503) 718-2421.
TUP2016-00021 FAYE'S FIREWORKS SALES PAGE 1 OF 3
2. No advertising or display of products shall be permitted to be located in,or project into, the right-
of-way or the clear vision area of each access (a clear vision area shall be a triangle whose base
extends 30 feet along the street right-of-way line in both directions from the centerline of the
accessway and 30 feet back from the property line).
3. The temporary use of this site shall comply with all applicable Federal and State of Oregon
standards regarding designated disabled person parking and access. A minimum of one (1) signed
and marked disabled parking space shall be provided. STAFF CONTACT: Mark Van Domelen,
Building Official (503) 718-2448.
4. Applicant shall obtain all necessary electrical permits. STAFF CONTACT: Building Division (503)
718-2439.
THIS APPROVAL SHALL BE VALID
JUNE 23,2016 TO JULY 6,2016
SECTION III. BACKGROUND INFORMATION
Site and Vicinity Information:
The project is located at 16200 SW Pacific Highway; south of SW Durham Road, east of SW Pacific
Highway,and west of SW 113th Avenue.The subject site includes a multi-tenant shopping center that totals
approximately 138,000 square feet in size,905 parking spaces,and associated landscaping.The site is zoned
General Commercial (C-G) and located on the Tigard border with unincorporated Washington County,
and across SW Pacific Highway from King City. Surrounding properties are zoned C-G and Medium-High
Density Residential(R-25).
Proposal Description:
The applicant is requesting a Temporary Use Permit for fireworks sales between June 23, 2016 and July
6, 2016. Fireworks sales will take place within a temporary 40' by 40' tent in the Haggen parking lot,
located in the Tigard Towne Square shopping center.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
TEMPORARY USE PERMIT:
Tigard Development Code Section 18.785.040.A allows the Director to approve or approve with
conditions, based on findings that all of the following criteria are satisfied:
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 6.
The proposed temporary fireworks sales will take place only once this calendar year. Additionally, the
use will occur between June 23, 2016 and July 6, 2016, which is a period less than 30 consecutive days.
This criterion is met.
2. The use is permitted in the underlying zoning district.
Temporary fireworks sales are considered a sales-oriented retail use, which is permitted in the C-G
zone. This criterion is met.
3. The applicant has proof of the property-owner's permission to place the use on his/her
property;
The application included the property owner's written authorization.This criterion is met.
4. There will be no parking utilized by the customers and employees of the temporary use
which is needed by the property owner to meet his/her minimum parking requirement, as
TUP2016-00021 FAYE'S FIREWORKS SALES PAGE 2 OF 3
governed by Chapter 18.765, Parking and Loading.
Staff reviewed the applicant's submitted site plan and other materials to determine that customers and
employees associated with this temporary use will not utilize parking that is necessary to meet the
Tigard Towne Square's minimum parking requirement.This criterion is met.
5. The use will provide adequate vision clearance, as governed by Chapter 18.795, and shall
not obstruct pedestrian access on public rights-of-way.
The submitted site plan shows a temporary 1,600-square-foot (40' by 40') tent located in the Tigard
Towne Square parking lot, adjacent to the main entrance off SW Durham Road. The proposed
temporary fireworks sales will not be located within any public right-of-way, and will not obstruct
pedestrian access or impact existing visual clearance areas. A condition of approval has been added to
ensure that directional signs or other objects associated with this temporary use do not violate vision
clearance standards.As conditioned,this criterion is met.
SECTION VII. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was mailed to the applicant and property owner.
Final Decision:
The decision of the Director on Type I Procedure is final on the date it is mailed or otherwise provided
to the applicant,whichever occurs first. The Director's decision may not be appealed locally and is the
final decision of the City.
THE DECISION IS FINAL ON JUNE 23, 2016
AND BECOMES EFFECTIVE ON JUNE 24, 2016
Questions:
If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov.
June 23,2016
PREPARED BY: Lina Smith
Assistant Planner
TUP2016-00021 FAYE'S FIREWORKS SALES PAGE 3 OF 3
, 4 RECEV Q
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City of Tigard JUN 2 3 2016
1111
iCOMMUNITY DEVELOPMENT DEPARTMENT
CITY7OF TIGARD
Air--Ar,--4:1. Temporary Use Type 1tY�'i
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PROPOSAL SUMMARY (Brief description)
REQUIRED SUBMITTAL
Temporary use approval to allow: VI-et/Al` tkS CE cOnaRrYler ELEMENTS
Cire_viOc K Flim LI'O' X 40' Frfl\ -\( fl - CS. Owner's signature/
written authorization
Property address/location(s): It,o2oc� ?ac'l�iC
T1 G a r� q,l u y VI Two(2)copies of the site/plot
J plan indicating:
Tax map and tax lot #(s): 2-5 15 Ag 1 q C'I 1. Location of the Temporary Use
2. Lot size
3. Square footage and location of
gs
Site size: 1-40 X 40 t -tent w' 1 pt m�� existing buildin
4. Current uses of existing buildings
Start date: (D / 2 3 / i to End date: -7 / le / I(G 5. Number of existing parking spaces
6. Square footage of any space to be
Please check one: used as additional parking
❑ Season/special event 7. Driveway locations
D Unforeseen/emergency situation ® Site/plot plan(reduced to 8.5"x11'/2')
® Applicant's statement address criteria:
0 Temporary sales office/model homes
18.785.040(2 copies)
Temporary use in commercial and industrial zone
PS Filing fee(unless exempt)
APPLICANTS FOR STA F'e USE ONLY
Business name: Fa -le---5.F1 re JOC -S - Case No.: 71//P'�OI — C ,-c)/
Address: 1 toy \ Ven CAU,k€_. .re
Related Case No.(s):
City/state: Dal IBIS ) CSR Zip: 9I-7 33
o Application Fee: C-�c/
£
• orltaettname: F((ye 1-CU 1
Application accepted:
Ph#: c111—2l$'9401-t Email: K% IA By: /--� Date: J/ '
Application determined complete:
Opo PROPERTY��� OWNER/DEED
WNER/�DEEDHOLDER(S))*(Attach list if more than one) By: �S Date: 4,
Name: 1\cJ cie_ ' co * ll( r1,1 A SC)Lt+I � LC_ I:\CURPLN\Masters\Land Use Applications Rev.1l/25/2014
Address: 11x200 SE Pac►f► C. w'y
City/state: Tl and l OV-- Zip: c1-7 22 L4Contact name: •OVV1 C►Qu9 l ex',CCO Ph# N l';
* When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession
with written authorization from the owner or an agent of the owner.The owner(s)must sign this application in the space
provided on the back of this form or submit a written authorization with this application.
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City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 2
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APPLICANTS
To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS
as described on the front of this application in the"Required Submittal Elements"box.
(Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.)
THE APPLICANT(S) SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property.
• If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the
conditions and limitations of the approval.
• • All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and
the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such
statements are false.
• The applicant has read the entire contents of the application,including the policies and criteria,and understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property required.
(2 Anne. 111 . Prem[) -1 NT F co-Zi I/
Applicant's signature Print name Date
Please a. tChd \faSC
Owner's signature Print name Date
Owner's signature Print name Date
Owner's signature Print name Date
TEMPORARY USE—TYPE I APPLICATION(TUP)
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2
FIREWORKS LEASE AGREEMENT
This agreement is made between Haggen Opco North LLC and Haggen Opco South LLC as LESSOR and
AMERICAN PROMOTIONAL EVENTS NORTHWEST dba TNT Fireworks as LESSEE.
1. AMERICAN PROMOTIONAL EVENTS-NW, will lease a mutually agreeable portion of the property located on
the attached Addendum "A"for the sale of approved fireworks from the premises, as more particularly
specified on Addendum A (hereafter called the"Location").
2. The lease payment will be .year for the period of June 20th thru July 7th hereafter called the
"Season". The term of this agreement shall be from June 2015 through July 2017. Payment shall be paid to
Lessor on or before February 15 each year.
3. Lessor represents that the Location is owned and/or controlled by the Lessor and Lessor has the right to enter
Into this Agreement, subject to master landlord approval.
4. The Lessor herby grants Lessee a first right of refusal to match any bona fide offer to lease the Location for
fireworks sales during the renewal Seasons.
5. In return, Lessee agrees to the following terms and conditions:
a. Provide an A+ rated$10,000,000.00 certificate of insurance, prior to occupancy, evidencing liability
insurance in force covering the erection and operation of the Structure. Insurance shall name Lessor as
additional insured, and Lessor shall be held harmless from any and ail claims or losses arising from sale of
fireworks and the maintenance or operation of the Structure.
b. Pay any and all costs involved in erection, maintenance, and operation of the structure and Lessee shall
guarantee that the Location will be returned to its original condition.
c. Obtain and pay all necessary approvals, permits and licenses required by law, post with local authority any
debris or performance bonds as required,and guarantee that all laws and regulations shall be adhered to.
6. This agreement is contingent upon Lessee securing necessary approvals, permits and licenses. Lessee may
cancel that portion of this agreement if the sale of fireworks is prohibited at any specific Location by a public
authority or if such sale, in the good faith opinion of either party, becomes commercially unreasonable. Lessor
may cancel this agreement if it closes or no longer does business at any location. In such an event any deposit
for that Location shall be refunded to Lessee.
7. Lessee agrees to display signage which advertises or promotes the existence of 501(c)(3) staff working or
volunteering at each Location.
Agreed to and dated this Zoe day of ' uX , 2
Accepted: Accepte
Lessor: H.•ge = h &South Less a eth A. Spence
Joh - =
Addendum A
Location Number Location Name Address Line 1 City State Zip
OEM8005 ALBERTSONS#261 1120 CAMPBELL ST BAKER CITY,OR 97814
0WH2298 ALBERTSONS-#521 16199 BOONES FERRY RD LAKE OSWEGO,OR 97034
OWH6552 ALBERTSONS-#588 61155 S HWY 97 BEND,OR 97702
OWM6808 SAFEWAY#4395 211 N 8TH ST KLAMATH FALLS,OR 97601
OWM6830 SAFEWAY#1766 2740 S 6TH ST KLAMATH FALLS,OR 97601
OWT1654 ALBERTSONS-#559 8155 SW HALL BLVD BEAVERTON,OR 97008
OWT1696 ALBERTSONS#579 16030 SW TUALATIN/SHERWOODRD SHERWOOD,OR 97140
OWT1698 ALBERTSONS-#565 162005W PACIFIC HWY TIGARD,OR 97224
OWT2056 ALBERTSONS-#506 1855 BLANKENSHIP WEST LINN,OR 97068
OWT2095 HAGGENS 14800 SE SUNNYSIDE RD CLACKAMAS,OR 97015
OWT2652 ALBERTSONS#562 5450 RIVER RD.,NORTH KEIZER,OR 97303
OWT3390 HAGGENS 1675 W 18TH AVENUE EUGENE,OR 97402
OWT3395 HAGGENS 3075 HILYARD ST EUGENE,OR 97405
OWT3464 HAGGENS(CLOSED) 5415 MAIN ST SPRINGFIELD,OR 97478
OWT6553 HAGGENS 1800 NE 3RD ST BEND,OR 97701
WCS1854 ALBERTSONS#244 1128 N MILLER WENATCHEE,WA 98801
WC54656 EASTGATE MARKETPLACE 450 N WILBUR WALLA WALLA,WA 99362
WWB4707 ALBERTSONS 2800 MILTON WAY MILTON,WA 98354
WWH4562 ALBERTSONS#470 14215 SE PETROVITSKY RD RENTON,WA 98058
WWT1850 HAGGEN 31565 SR 20#1 OAK HARBOR,WA 98277
W WT2165 ALBERTSONS#401 17520 SR 9 SE SNOHOMISH,WA 98290
W WT2355 _ALBERTSONS#476 19881 ST RT 2 MONROE,WA 98272
WWT3058 ALBERTSONS#403 3925 236TH AVE NE REDMOND,WA 98053
WWT4643 ALBERTSONS 0468 11012 CANYON RD E PUYALLUP,WA 98373
WWT4649 SAFEWAY#551 15805 PACIFIC AVE S SPANAWAY,WA 98444
WWT5250 SAFEWAY#541 4831 POINT FOSDICK DR NW GIG HARBOR,WA 98335
WWT5504 HAGGENS 3355 BETHELRD PORT ORCHARD,WA 98366
WWT5553 ALBERTSONS#492 2222 NW BUCKLIN HILL RD SILVERDALE,WA 98383
WWT5755 ALBERTSONS#443 2900 WHEATON WAY BREMERTON,WA 98310
WWT6354 ALBERTSONS#404 114 E LAURIDSEN BLVD PORT ANGELES,WA 98362
WWT4649 SAFEWAY#551 15805 PACIFIC AVE S SPANAWAY,WA 98444
SITE DIAGRAM
Date Updated: 1-1- 2016 Location #: OWT 1698
Location Name: Albertson's #565 Ordinance: TVF&R
Site Address: 16200 SW Pacific Hwy Structure Type: Tent
City and State: Tigard, OR. 97223 Structure Size: 40' x 40'
Cross Streets: and Structure Faces:
Show all setback from structures, gas, fire lanes, public and private roads, property lines, trees and landmarks
Durham fid.
L1 I T t
(---Mc Donald's 60'
( ) C \) C )
< 90' > r--1 < 90' >
I^ �
parking Tent
Alib "e4-41144P4 agr
180' di,./ 1 of t
C 0 ) C ) C ) C /4 ) C )
v
ALBERTSON'S SHOPS
CITY OF TIGARD
Approved Py Ian ing
Date: ,23
Initials: L3
North
Notes
See tent layout for exits
Sales Rep: Ron Attawav
l
City of Tigard
13125 SW Hall Blvd.
Tigard, OR. 97223
Proposed Use and Information Sheet:
Temporary Sales site: (OWT 1698)
Haggen - parking lot
16200 SW Pacific Hwy
Tigard, OR 97224
(See attached diagram)
Type of Sales and Product:
Retail Sales of 1.4 g fireworks.
Type of Structure:
40' X 40" Framed Tent
Hours and Dates of operations:
Approximately 9:00 am— 11:00 pm daily
June 23rd through July 5t.
Operator info and # of employee's
Faye Trupka
24hr phone 971-218-9404
J