TUP2017-00002 NOTICE OF TYPE I DECISION
TEMPORARY USE PERMIT TUP2017-00002
TNT FIREWORKS SALES
120 DAYS =June 9, 2017
SECTION I. APPLICATION SUMMARY
FILE NAME: TNT FIREWORKS SALES
CASE NO.: Temporary Use Permit (TUP) TUP2017-00002
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 in the Fred Meyer parking lot, located at 11565 SW
Pacific Highway.
APPLICANT: Tigard Church of God OWNER: Fred Meyer Stores,Inc.
dba:TNT Fireworks Attn: Robert Currey-Wilson
Attn:Roy Culver P.O. Box 42121
15670 SW 98th Avenue Portland,OR 97242
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: 11565 SW Pacific Highway; WCTM 1S136DB, Tax Lot 201, and WCTM
1S136AC,Tax Lots 3400 and 3402.
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.
TUP2017-00002 TNT 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 (1'DC 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 11565 SW Pacific Highway; north of SW Pacific Highway, south of SW Spruce
Street, east of SAX/74th Avenue,and west of SW 71"Avenue. The approximately 10-acre development site
is made up of three tax lots, the main Fred Meyer store (approximately 143,000 square feet), a smaller
multi-tenant commercial building (approximately 15,000 square feet), 556 parking spaces, and associated
landscaping.The site is zoned General Commercial(C-G),as are adjacent properties to the south and east;
adjacent properties to the north are zoned Professional/Administrative Commercial (C-P); and adjacent
properties to the west are zoned Low-Density Residential (R-4.5).
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.
TUP2017-00002 TNT 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 any of the parking spaces necessary for
Fred Meyer to meet 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 southeast
corner of the Fred Meyer parking lot, adjacent to the main entrance off SW Pacific Highway. 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) 718-2438 or LinaCS( tigard-or.gov.
•
�� —� /��/� February 13.2017
PREPARED BY: Lina Smith
Assistant Planner
TUP2017-00002 TNT FIREWORKS SALES PAGE 3 OF 3
n
• RECEJYP
City of Tigard FEB 0 9 2017
COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD
S �I iTMaT
Temporary Use Type I AppllCU /ENGINEERING
PROPOSAL SUMMARY (Brief description)
REQUIRED SUBMITTAL
Temporary use approval to allow: Retail sales of consumer ELEMENTS
fireworks from a 30' x 50' framed tent. ® Owner's signature/
Property address/location(s): 11565 SW Pacific Hwy written authorization
Tigard, OR 97223 II Two(2)copies of the site/plot
plan indicating:
Tax map and tax lot #(s): 1 S136DB,Tax lo-l--4: : 2.o 1. Location of the Temporary Use
S k 3l0 RC2. Lot size
t Tax 1 O S##k 3 'ka) 3`401 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
111 Unforeseen/emergency situation ® Site/plot plan(reduced to 8.5"x11'/2")
Q Applicant's statement address criteria:
0 Temporary sales office/model homes
18.785.040(2 copies)
® Temporary use in commercial and industrial zone 1 p�,
RI Filing fee(unless exempt) V^"
APPLICANT* FOR STAFF LSF: ONLY
Business name: Tigard Church of God Youth dba: TNT Fireworks
No.: UPcQC l -_ ?r
Address: 11565 SW Pacific Hwy
Related Case No.(s):
City/state: Tigard, OR Zip: 97223 /Q/4Application Fee:
Contact name: Roy Culver
-476-5864 Application accepted:
Ph#: 503
Email:
By: /---,g Date: Q/19IT
Application determined complete:
PROPERTY OWNER/DEED HOLDER(S)*(Attach list if more than one) By: /-.2 Date: �1 cilia
Name: *see attached lease* I:\CURPLN\Masten\tand 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.
New
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-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.
t�Ziir,CC a/4Shanee Ashley Laron 2-I1 i7Applicant's signatuYer"-e(9e-2-- Print name Date
*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 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2
MASTER LEASE
(Various Locations Per Exhibit A)
DATED: t t I CI( )401S
BETWEEN: Fred Meyer Stores,Inc.,an Ohio corporation
Attention: 04002/33R Property Management
P.O.Box 42121
Portland,OR 97242 LANDLORD
AND: American Promotional Events,Inc.
dba TNT Fireworks
P.O.Box 1436 TENANT
Tacoma,WA 98401
Tenant wishes to lease from Landlord a portion of the parking lot of each store
location as described on attached Exhibit A(the'Property").
NOW,THEREFORE,Landlord hereby leases to Tenant on the following terms:
1. Term: Possession
The term of this Lease shall be as follows;No sooner,and no later than the dates
listed below:
State Commencement Date Ending Date
Oregon June 15th July 7th
Washington June 15th July 7th
Idaho June 15th July 7th
for each of the years 2015,2016 and 2017
2. Renta(
2.1 Rental. Tenant will pay to Landlord on or before May I of each year the
minimum Base Rent as set forth on attached Exhibit A. Accompanying this minimum Base Rent
payment,Tenant is required to submit Proof of Insurance as outlined in Paragraph 7.1 and a final,
updated Exhibit A which gives specific store locations and identifying these locations as a Stand
or a Tent. Tenant shall pay any percentage rent,as set forth on Exhibit A,on or before August 1
of each year during the term of this Lease for the immediately preceding period.
1
IN WITNESS WHEREOF,the parties have executed this Lease as of the date
first above written.
LANDLORD: TENANT:
FRED MEYER STORES,INC. AME' CAN PROMOTIONAL EVENTS,INC.
By: g, I2 By: /A J ,
R
Robert Currey-Wilson,V.P. - Doug D'
Director of Real Estate Vice President
ide:
Date: — I — ! Date:
Address and telephone number at which
• a representative of Tenant can be
contacted outside of business hours:
Name:
Address:
Phone:
Cell Phone:
14
SITE DIAGRAM
Date Updated: January 1, 2017 Location #: OWT 1650
Location Name: Fred Meyers - TI Ordinance: TVF&R
Site Address: 11565 SW Pacific Hwy Structure Type: Tent
City and State: Tigard, OR 97223 Structure Size: 30' x 50'
Cross Streets: and Structure Faces; 30' parallels Pacific Hwy
Show all setback from structures, gas, fire lanes, public and private roads, property lines, trees and landmarks
Parking
CITY OF TIGARD
Approved by Plapning
Date: a 113/1-3-
/
loo'+ Initials: ) S
25'+
n 111111111111111 r • Tent
15' CD
Notes
See tent layout for exits No parking within 20' of tent
Sales Rep: Ron Attaway
OWT1560
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
Purposed Use and Information Sheet
Temporary Sales Site:
Fred Meyers - TI
11565 SW Pacific HWy
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
Roy Culver
24hr phone: 503-476-5864
f
2016 FRED MEYER LIST
LOCATION ID STORE II '% ADDRESS CITY STRUCTU
RE
114E30793 FRED MEYER INC-CI 00049 500 W KATIILEENE COEUR DAL ENE STAND
1587972 FRED MEYER INC•II 00156 1555 N GATE MILE IDAHO FAILS STAND
IST7361 FRED MEYER INC 1400 W CHINDEN BLVD MERIDIAN TENT
IST7383 FRED MEYER INC•MI 00198 1850 EAST FAIRVIEW MERIDIAN TENT
IS T7394 FRED MEYER INC-NI _ 00220 50 SECOND STS NAMPA TENT
1517507 FRED MEYER INC•1B 00430 19751 W OVERLAND RD BOISE .TEN 1
1517570 FRED MEYER INC•IG 00449 5425 CHINDEN BLVD GARDEN CITY TENT
15175114 FRED MEYER INC-CE 00013 3527 FEDERAL.WAY BOISE TENT
1517769 FRED MEYER INC•TN 00383 705 OWE LAKES BLVD TWIN FALLS TENT
OW111151 FRED MEYER INC.HY 00000 3030 NE WEFDLER PORTLAND STAND
•
OW111153 FRED MEYER INC•PN 00255 6850 N LOMBARD PORTLAND STAND
OWH1250 FRET)MEYER INC-CR 00127 2497 E BURNSIDE AVE GRESHAM STAND
OWH3260 FRED MEYER INC-MT 0046.1 4701 HWY 101 FLORENCE STAND
OWHG520 FRED MEYER INC•AV 00050 944 SW 0111 ST REDMOND STAND
OWI1150 FRED MEYER INC•.1C00153 8955 SE S241D AVE PORTLAND TENT
*OM 1152 FRED MEYER 1440.01 ^ 00125. 6015 NE GUSAN PORTLAND TENT
OWI 1155 FRED MEYER INC•SE 00330 5253 SE 82ND AVE PORTLAND TENT
OWT 1156 FRED MEYER INC• ON 00075 14700 SE DIVISION PORTLAND TENT
OWT 1158 FRED MEYER INC• GY 00128 111i NE 102ND ST PORTLAND TENT
OWT1159 FRED MEYER INC.RH 00285 7700 BEAVERTON•HILLDALE HWY PORTLAND TENT
OWT1450 FRED MEYER INC•WIT 00402 15995 SW WALKER RD BEAVERTON TENT
OWT1452 FRED MEYER INC•BT 00035 11425 SW BCAVERTON•H _
ILLSDALE BEAVERTON TENT
OWTs6S FRED MEYER INC-T1 00375 11565 PACIFIC HWY TIGARD TENT
OWT 1631 FI IED MEYER INC•TU 00303 19209 SW MARTINA2•ZI TUALATIN TENT
OWl 1753 FRED MEYER INC•HL 00143 23105 SW TUALATIN VALLEY HWY HILLS1IOR0 TENT
OWT1760 FRED MEYER INC 00661 2075 NE IMBRIE DR HILLSBORO TENT
OW T 1650 FRED MEYER ItNC•CN - 00050 2200 BASELINE ST CORNELIUS TENT
O17T2OS0 FRED MEYER INC-CK 00063 10301 SE 82ND DR CLACKAM.1AS TENT
OW12052 FRED MEYER INC-OR 00242 1835 MOLALIA AVE OREGON CITY TENT
OW12062 FRES MEYER INC 00563 10625 362ND AVE SANDY TENT
0W12551 FRED MEYER INC.IIS 03225 2855 BROADWAY NE SALEM TENT
'OW T2552 FRED MEYER INC• ES _ 00050 3740 MARKET NE SALEM TENT
OWT2950 FRED MEYER INC•AB 00005 2500 SANTIAM HWY ALDANY TENT
OW13351 FRED MEYER INC•WE 00417 3333 WEST 11TH EUGENE TENT
OW14550 FRED MEYER1NC•CB 00050 1020 B FIRST COOS BAY TENT
OW 14750 FRED MEYER INC-NT 00227 100 NE 20111 NEWPORT TENT
OWTS550 FRED MEYER INC•NG 00220 US SOW 8 SPRINGBROOK NEWBERG TENT
ow15750 FRED MEYER INC•TK 00377 2500 N MAIN TILLAMOOK TENT
OWIG150 FRED MEYER INC-NC 002111 695 IIWY 101 WAFIRENTON TENT
OW 16151 FIIED MEYER INC•SP 00.102 01501 S COLUMBIA RIVER HWY _SCAPpOOSE TENT
OW T5550 •FRED MEYER INC•BO 00021 01635 5 HWY 97 FIEND TENT