TUP2017-00003 NOTICE OF TYPE I DECISION
TEMPORARY USE PERMIT TUP2017-00003 !PI 01
CHADDOCK FIREWORKS SALES T I GARD
120 DAYS =June 9, 2017
SECTION I. APPLICATION SUMMARY
FILE NAME: CHADDOCK FIREWORKS SALES
CASE NO.: Temporary Use Permit (TUP) TUP2017-00003
PROPOSAL: The applicant is requesting a Temporary Use Permit for fireworks sales between
June 23, 2017 and July 6, 2017. Fireworks sales will take place within a
temporary 30' by 50' tent setup near the northwest entrance of the Walmart
parking lot.
APPLICANT: Chaddock Family OWNER: Walmart Services
Attn:Gina Chaddock 7600 SW Dartmouth Street
16200 SW Pacific Highway Tigard,OR 97223
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: 7500 and 7600 SW Dartmouth Street; WCTM 2S101BA,Tax Lots 101, 500, and
600
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.
TUP2017-00003 CHADDOCK FIREWORKS SALES PAGE 1 OF 3
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 (MC 18.780.100).STAFF CONTACT: Planner on Duty(503) 718-2421.
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 23,2017 TO JULY 6,2017
SECTION III. BACKGROUND INFORMATION
Site and Vicinity Information:
The project is located at 7500 and 7600 SW Dartmouth Street; south of SW Dartmouth Street, east of
Highway 217,and west of SW 7Td Avenue.The approximately 18-acre development site includes the main
Walmart store (approximately 138,000 square feet), two smaller multi-tenant commercial buildings
(approximately 12,000 square feet each), 692 parking spaces, and associated landscaping. The site is a
Planned Development within the General Commercial (C-G) zone. Adjacent properties to the north and
west are zoned C-G;adjacent properties to the south and east are zoned Mixed-Use Employment (MUE).
The project is located in the Tigard Triangle Plan District.
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, 2017 and July 6, 2017,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.
TUP2017-00003 CI ADDOCK FIREWORKS SALES PAGE 2 OF 3
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
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
Walmart'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 1,500-square-foot (30' by 50') tent located in the Walmart
parking lot, adjacent to the norhtwest entrance off SW Dartmouth Street. 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 FEBRUARY 13, 2017
AND BECOMES EFFECTIVE ON FEBRUARY 14, 2017
Questions:
If you have any questions,please contact Lina Smith at(503) -18-2438 or LinaCSa,tigard-or.gov.
February 13.2017
PREPARED BY: Lina Smith
Assistant Planner
TUP2017-00003 CIl-1DDOCK FIREWORKS SALES PAGE 3 OF 3
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RECEIVEIJWT1656
City of Tigard FEB 0 9 2017
_ COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD
TIGARD Temporary Use A��Type I r'd11k RING
PROPOSAL SUMMARY (Brief description)
REQUIRED SUBMITTAL
Temporary use approval to allow: Retail sales of consumer ELEMENTS
fireworks from a 30' x 50' framed tent. NI Owners signature/
Property address/location(s): 7600 SW Dartmouth St written authorization
Tigard, OR 97223 E Two(2)copies of the site/plot
g plan indicating:
Tax map and tax lot #(s): 2S101 BA, Ta)( I v-`' 101l SDDI A 1. Location of the Temporary Use
2. Lot size
66O 3. Square footage and location of
Site size: 30' x 50' tent w/perimeter existing buildings
4. Current uses of existing buildings
Start date: 6 / 23 / 17 End date: 7 / 6 /17 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
❑ ® Site/plot plan(reduced to 8.5"x11'/2")
Unforeseen/emergency situation
❑
Applicant's statement address criteria:
Temporary sales office/model homes
18.785.04Q(2 copies)
E Temporary use in commercial and industrial zone
E Filing fee(unless exempt)
APPLICANT* FOR STAFF ('SE ONLY
Business name: Chaddock Family dba: TNT Fireworks
Case No.:
Address: 7600 SW Dartmouth St
Related Case No.(s):
City/state: Tigard, OR Zip: 97223 3s -
Application Fee:
Contact name: Gina Chaddock
Ph#: 503-330-1633 Application accepted:
Email: a/q/i--
By: Date:
Application determined complete:(�
PROPERTY OWNER/DEED HOLDER(S)*(Attach list if more than one) By: LS Date: 021
Name: *see attached lease* C\CURPLN\Masters\land Use Applications Rev.11/25/2014
Address:
City/state: Zip:
Contact name: Ph#
* 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.
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2
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.
Shanee Ashley Laron 2 n
Applicant's signature Print name Dat
*see attached lease*
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
Walmart
Independent Sales Organization (ISO) Access Letter
TNT Fireworks to scope parking lot space and sell fireworks
To. American Promotional Events, Inc. D.B.A. TNT Fireworks
Walmart Services
01/02/17
RE: TNT Fireworks to scope parking lot space and sell fireworks
.....__....................
.. ............._.._........__....._... .......
_._................__..............._
....___.._..................._._ _..
...... ................._._.._. _.. . .
Dear Valued ISO,
Thank you for your continued support and collaboration. Upon arrival at the store where the event/promotion will occur, this access
Letter("Letter")should be provided to store management.This letter shall serve as proof that you are authorized to enter the store and
complete the parking lot scoping and execution of a temporary firework stand as a promotion/event for the time period specified below.
You are also authorized and required to obtain the proper permitting as required by the local city, county, and/or state. Only your
employees(collectively"Representatives") may perform the promotion on your behalf. Your Representatives must produce credentials
to store management showing that the Representative has been authorized by you to perform the promotion on your behalf.
Scopinq Timeline: Scope work may happen anytime from January 01,2017—July 31,2018
Sales Timeline: Parking lot sales may happen anytime from June 15,2017—July 31,2018
Store Associate(Management)Responsibilities:
1) Allow and agree upon space with TNT Fireworks to sell fireworks on the parking lot during the Independence Day season
2) Customers and employees of TNT Fireworks may have access to restrooms in Walmart facilities
3) For other questions call Walmart Field Support at 1-700-Walmart
4) Keep a copy of this LOA for your records
This particular program does NOT violate the Walmart Corporate Solicitation Policy.
Best regards,
e Danielson - Anne J• nso
Manager II,WM Services Direct'r + .Imart Services
CITY OF TIGARD
Approved by la ning
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OWT1656
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 6''.
Operator Name and Phone Number
Gina Chaddock
24hr phone: 503-330-1633