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TUP2018-00005 TUP2O18 - 00005 TNT FIREWORKS NOTICE OF TYPE I DECISION TEMPORARY USE PERMIT TUP2018-00005 iliP1 TNT FIREWORKS T I GARD SECTION I. APPLICATION SUMMARY FILE NAME: TNT FIREWORKS CASE NO.: Temporary Use Permit(TUP) TUP2018-00005 PROPOSAL: The applicant is requesting a Temporary Use Permit for fireworks sales between June 23, 2018 to July 6, 2018. Fireworks sales will take place within a temporary 1,500-square-foot tent located near the southern entrance of the Fred Meyer parking lot. APPLICANT: Tigard Church of God Youth DBA TNT Fireworks Attn: Roy Culver 11565 SW Pacific Highway OWNER: Fred Meyer Stores, Inc. Attn: Denise R. Noyes P.O. Box 42121 Portland, OR 97242 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 city-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences that 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 APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.440 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 SHALL BE VALID FROM JUNE 23,2018 TO JULY 6,2018 TUP2018-00005 PAGE 1 OF 3 SECTION III. BACKGROUND INFORMATION Site Information: The project is located on the north side of SW Pacific Highway;west of SW 71st Avenue,and east of SW 78th Avenue. The proposed temporary use will be located at 11565 SW Pacific Highway (WCTM 1S136DB, Tax Lot 201). Tax Lot 201 and the two (2) adjacent properties (WCTM 1S136AC, Tax Lots 3400 and 3402) are part of an existing retail center. All three (3) properties are owned by Fred Meyer Stores, Inc., and the development incudes the main Fred Meyer store, smaller multi-tenant commercial buildings,an on-site parking lot,and associated landscaping.The site is zoned General Commercial (C-G). SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.440 Temporary Uses: 18.440.030 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 1 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 6 of this subsection; The proposed temporary fireworks sales will take place only once this calendar year.Additionally,the use will occur between June 23, 2018 and July 6, 2018,which is a period less than 30 consecutive days. This criterion is met. 2. The use is permitted in the applicable base zone; The sale of fireworks is considered a sales-oriented retail use, which is permitted by right 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 the property; The application included the property owner's written authorization to place the proposed temporary use on the subject property. This criterion is met. 4. There will be no parking utilized by the customers and employees of the temporary use that TUP2018-00005 PAGE 2 OF 3 is required to meet the minimum parking requirements for the other use(s) on the property, as required by Chapter 18.310, Off-Street Parking and Loading. 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 criterion 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 southern entrance of the Fred Meyer 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 criterion is met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was provided to: X The applicant and owner 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. THIS DECISION IS FINAL ON APRIL 10, 2018. AND BECOMES EFFECTIVE ON APRIL 11, 2018. Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov. L. April 10, 2018 APPROVED BY: Lina Smith Assistant Planner TUP2018-00005 PAGE 3 OF 3 ' v n RECEIVED OWT1650 City of Tigard APR 0 5 2018 IR COMMUNITY DEVELOPMENT DEPARTMENT qj • CITY OF TGARDI Temorar Use TY e I',,rw sc:s q'ex-»,�rxra nasw`zr•;>w!Baa..ru•.s,K,,w,..ttsn•rttmw.cd«rr:,wewxH..,..xosz:::a<s.•.<,.-•sxr,-;,vx•ci✓/ium.vi>wv:sa..srueu Wrr•>:::.:c,>x»,>:..m,at&a.;rx•r..csaxtt.ros••c.•M�.,':rY;c?:,.esr>;.sn z�'uresF.r,:„;wxmxr�,rs;;vrva 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/ written authorization Property address/location(s): 11565 SW Pacific Hwy Tigard, OR 97223 ® Two(2)copies of the site/plot plan indicating: Tax map and tax lot #(s): 1 S136DB Tax lot 201 1. Location of the Temporary Use 2. Lot size 1S136AC Tax lot 3400 & 3402 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 / 18 End date: 7 /6 /18 5. Number of existing parking spaces 6. Square footage of any space to be Please check one: used as additional parking El Season/special event 7. Driveway locations El Unforeseen/emergency situation ® Site/plot plan(reduced to 8.5"x111/2") Q Applicant's statement address criteria: E1 Temporary sales office/model homes 18.785.040(2 copies) ll Temporary use in commercial and industrial zone ® Filing fee(unless exempt) APPLICANT* FOR STAFF USE ONLY Business name: Tigard Church of God Youth dba: TNT Fireworks 711 f f _ �-- Case Na: Address: 11565 SW Pacific Hwy Related Case No.(s): City/state: Tigard, OR Zip: 97223 Application Fee: Contact name: Roy Culver Application accepted: Ph#: 503476-5864 Email: By: A.-� Date: li/C110 Application determined complete. PROPERTY OWNER/DEED HOLDER(S)*(Attach list if more than one) By: k S Date: Name: *see attached lease* I:\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 • 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. )//11144" Shanee Ashley Laron 9/Z--// Applicant's signature Print name Date *see attached lease* *see attached lease* Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date ./i+9i:U/r/%/i/.2OIfW/.U/HAFhN.::'/.F,G.75/.faXc;'r.0'NsNi'aY'Y n/::i/r://...V'.:./R.:G,.,,a "'l.Yi iH/://V�SY%�9.1//•M'.�/i/Hb5'.b'/9'%'raS'//.'/H,{lA.r 2MM//N/bu,%Y'�M"Kr/,aiN,,rrr K."....../.H/.J/../•a/�.rir� /%a.r/.,r „rli..v...:.,/.rr./,..'... .......h i..r..v/,r,..r✓%.:r/b/./i N//....."//// nr. rir/, 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 FredMeyer What's on your list today? FRED MEYER STORES •P.O.Box 42121 Portland,OR 97242-0121.3800 SE 22nd Ave.•Portland,OR 97202-2999.503 232-8844 http://www.fredmeyer.com March 31, 2018 ***Sent via Email*** dwyrei@tntfireworks.com Mr.Jim Dwyre American Promotional Events- NW Dba-TNT Fireworks 2120 Milwaukee Way Tacoma,WA 98421 • RE: 2018 TNT Firework Locations Dear Jim, This letter is to inform you QFC/Fred Meyer Stores grants permission for TNT Fireworks to locate a fireworks stand/tent at the following QFC/Fred Meyer locations for the 2018 firework locations. Please see the attached for specific locations throughout Oregon, Idaho and Washington: Should have any questions please feel free to contact me at 503-797-7021 or denise.noyes@kroger.com. cerely, )r Denise R. Noyes Leasing Specialist Kroger Real Estate • (503)797-7021 • • "Always strive to offer Customers the service,selection,quality and price that satisfies them best." Fred G.Meyer, Founder,1886-1978 Location Number Location Name Address Line 1 City State ORE0003 Fred Meyer-TK 2500 N Main Ave Tillamook ~ OR ORE0006 Fred Meyer-NC 695 Hwy 101 Warrenton OR ORE0011 Fred Meyer-SP 51501 Columbia River Hwy Scappoose OR ORE1053 Fred Meyer-WV 22555 NE Park Lane Woodvillage OR ORE1250 Fred Meyer-GR 2497 SE Burnside Rd. Gresham OR ORE1450 Fred Meyer-WR 15995 SW Walker Rd Beaverton OR ORE1452 Fred Meyer- BT 11425 SW Beavrtn Hills Hwy Beaverton OR ORE1650 Fred Meyer-TI 11565 SW Pacific Hwy Tigard OR ORE1651 Fred Meyer-TU 19200 SW Martinazzi Ave. Tualatin OR ORE1753 Fred Meyer-HL 6495 SE Tualatin-Valley Hwy Hillsboro OR ORE1760 Fred Meyer-NH 22075 NE Imbrie Drive Hillsboro OR ORE1850 Fred Meyers-CN 2200 E Baseline St Cornelius OR ORE2062 Fred Meyer-Sandy 16625 362nd Dr. Sandy OR ORE2551 Fred Meyer-NS 2855 Broadway St. NE Salem OR ORE2552 Fred Meyer-ES 3740 Market Street, NE Salem OR ORE3260 Fred Meyer-MT 4701 N Hwy 101 Florence OR ORE4750 Fred Meyers-NT 150 NE 20th St Newport OR ORE7517 Fred Meyer's-AV 944 SW Veterans Way Redmond OR WAST 039 Fred Meyer Inc-MR 18805 SR 2 Sr Sr SR 2 Monroe WA WAS1052 Fred Meyer 2801 Bickford Bickford AVE Snohomish WA WAS2004 Fred Meyer Inc-AW 801 Auburn Auburn WAY Auburn WA WAS6007 Fred Meyer Inc-BZ 11 Grant Rd East Wenatchee WA IDA1004 Fred Meyer Inc-Cl 560 W. Kathleen Coeur D'Alene ID 1DA2031 FRED MEYER 5230 W FRANKLIN RD BOISE ID IDA2037 FRED MEYER INC-IB 10751 W OVERLAND RD BOISE ID IDA2041 FRED MEYER INC 3527 S FEDERAL WAY BOISE ID 1DA2016 FRED MEYER INC-NI 50 2ND ST SOUTH NAMPA ID SITE DIAGRAM Date Updated: January 1, 2018 Location #: OWT 1650 Location Name: Fred Meyers - TI Ordinance: TVF&R Site Address: 11565 SW Pacific Hwy Structure Type: Tent City, State, Zip: 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 Fred Meyers — Parking CITY OF TIGARD Approved by Pla ning Date: Initials: Parkin - — 25'+ ATent IHHIWIHIIIHi15' C") ,/7 Pacific Hwy 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 tior® gliss April 2, 2018 City of Tigard Attn: Community Development 13125 SW Hall Blvd Tigard, OR 97223 To whom it may concern, Enclosed please find one completed Type I — Temporary Use Application. A non-profit organization will be running the firework stand. Should you have any questions regarding the enclosed application, please feel free to contact me at or at 503-653-9655. Sincerely, iii,e4,4-r.- "A--t._____ Shanee Laron Administrative Assistant AMERICAN PROMOTIONAL EVENTS, INC. PO BOX 836 • CLACKAMAS, OR 97015-0836 PHONE (503) 653-9655 • FAX(509) 654-0619 www.tntFireworks.com