TUP2018-00003 TUP2O18 - 00003
TNT FIREWORKS
NOTICE OF TYPE I DECISION
1111 ■
TEMPORARY USE PERMIT TUP2018-00003
TNT FIREWORKS T I GARD
SECTION I. APPLICATION SUMMARY
FILE NAME: TNT FIREWORKS
CASE NO.: Temporary Use Permit(TUP) TUP2018-00003
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 northwest entrance of the Walmart
parking lot.
APPLICANT: TNT Fireworks
Attn: Gina Chaddock
7600 SW Dartmouth Street
Tigard, OR 97223
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 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: 7600 SW Dartmouth Street;WCTM 2S101BA,Tax Lot 500
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
TUP2018-00003 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 72'd 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 2S 101 BA, Tax Lot 101 and 7700 SW Dartmouth Street; WCTM 2S 101 BA,
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), 692 parking spaces, and
associated landscaping.
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
TUP2018-00003 PAGE 2 OF 3
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
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 utili7ed 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 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 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 3, 2018.
AND BECOMES EFFECTIVE ON APRIL 4, 2018.
Questions:
If you have any questions, please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov.
1 �/i� f April 3. 2018
APPROVED BY: Lina Smith
Assistant Planner
TUP2018-00003 PAGE 3 OF 3
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1111COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD
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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 Owner's signature/
Property address/location(s): 7600 SW Dartmouth St written authorization
Tigard, OR 97223 ® Two(2)copies of the site/plot
plan indicating:
Tax map and tax lot #(s): 2S101 BA, Tax Lot 101, 500 & 600 1. Location of the Temporary Use
2. Lot size
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
III Season/special event 7. Driveway locations
El Unforeseen/emergency situation ® Site/plot plan(reduced to 8.5"x11'/2")
kl Applicant's statement address criteria:
❑ Temporary sales office/model homes
18.785.04Q(2 copies)
® Temporary use in commercial and industrial zone
® Filing fee(unless exempt)
APPLICANT* FOR STAFF USE ONLY
Business name: TNT Fireworks
Case No.: -TU p'ZQ i -000V S
Address: 7600 SW Dartmouth St ---
Related Case No.(s :
City/state: Tigard, OR Zip: 9722361.00
Application Fee:
Contact name: Gina Chaddock
Application accepted:
Ph#: 503-330-1633 Email: By: SC Date: 3-Z6-ip
b
Application determined complete:
PROPERTY OWNER/DEED HOLDER(S)*(Attach list if more than one) By: C Date: g ft.Q.3- 6
Name: *see attached lease* 1:\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 o each owner of the subject property required.
Shanee Ashley Laron 0/29//
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
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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
TNT Fireworks to scope parking lot space and sell fireworks
r.o, American Promotional Events, Inc. D.B.A. TNT Fireworks
Walmart Services
Date. 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.
Scoping 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,
•
se Danielson -/ Anne J,hnso
Manager II,WM Services DirectQrWalmart Services
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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
RECEIVED
MAR _Sc,2 � 018FAREwoRKs1141 . 0
CITY OF TIGARD
PLANNING/ENGINEERING
March 20, 2018
City of Tigard
Attn: Community Development
13125 SW Hall Blvd
Tigard, OR 97223
To whom it may concern,
Enclosed please find two completed Type I — Temporary Use Applications. Also enclosed are
checks in the amount of$3671.00 each to cover the temporary use permit fee.
Should you have any questions regarding the enclosed applications,please feel free to contact me
at .r oror at 503-653-9655.
Sincerely,
..1-/WAva
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