TUP2019-00003 TUP2O19 -. 00003
TNT FIREWORKS
NOTICE OF TYPE I DECISION
TEMPORARY USE PERMIT TUP2019-00003
TNT FIREWORKS TIGARD
SECTION I. APPLICATION SUMMARY
FILE NAME: TNT FIREWORKS
CASE NO.: Temporary Use Permit(TUP) TUP2019-00003
PROPOSAL: The applicant is requesting a Temporary Use Permit for fireworks sales between
June 23, 2019 to July 6, 2019. 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 citywide and even regional
trade area. Except where nonconforming,residential uses are limited to mixed-
use developments. 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 allowed 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 IS VALID FROM
JUNE 23,2019 TO JULY 6,2019
TUP2019-00003 TNT FIREWORKS 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 72nd 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 2S101BA,Tax Lot 101 and 7700 SW Dartmouth Street;WCTM 2S101BA,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),679 parking spaces,and associated landscaping.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.440 Temporary Uses:
18.440.030 Types of Temporary Uses
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 one 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 18.440.050.A.6;
The proposed temporary fireworks sales will take place only once this calendar year.Additionally,the use
will occur between June 23, 2019 and July 6,2019,which is a period less than 30 consecutive days. This
criterion is met.
2. The use is allowed 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
TUP2019-00003 TNT FIREWORKS PAGE 2 OF 3
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 uses on the
property, as required by Chapter 18.410, Off-Street Parking and Loading.
A recent Minor Modification from 2018 (MMD2018-00030) shows that 679 parking spaces are provided
on site, 600 parking spaces are required for the site's minimum parking requirement,and that 79 parking
spaces are provided in addition to the minimum parking spaces required. Approximately five (5) parking
spaces will be occupied for the temporary sale of fireworks,leaving 74 parking spaces in addition to the
minimum parking spaces required. 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 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.
\ r 1 I I I 1111/111
THIS DECISION IS FINAL ON APRIL 17TH, 2019.
AND BECOMES EFFECTIVE ON APRIL 18TH , 2019.
Questions:
If you have any questions,please contact Samuel Copelan at(503) 718-2450 or SamuelC@tigard-or.gov.
laRM4d,
April 17th,2019
APPROVED BY: Samuel Copelan
Assistant Planner
TUP2019-00003 TNT FIREWORKS PAGE 3 OF 3
CITY' OF TIGARD
Approved by Planning
Date: -1 a
ORE1656
�' ItIaiS: _._. 30'x50'Tent
,� "" Walmart#5935
..,
7600 SW Dartmou
kIIIIIIINIIIII
Tigard,OR 972th S23
gip, ;
liiiitl
, ' ' , '°°:°' _____: 1 t ----__L-i------:1 A 1 ik*"-----:1-11-----11--117-117--71:2
-~
-
f;,�� .
(.....„ ,
_ , ,
ti" '' — i
w or. � j
% -1-- ,_b--
- 1 _
It_
1 _
ii_
___ s .
____,
g
__, _
.___J—.::..__ ----- _ ,r— .7 ill
' 1.; 4 i ---------------117:------ ------- i, 4,:' i, ,'::__--:",—.- ----"1
.4*T-
sm7GIsit--:0-7-4. iii i1i111ntt °� i 1111Il1 500'+ JJJflt *''''' 1:-.-7 ,
V ,,,, \:i_ii
a 4
-
m3
— --- II —+---
-^4
,,,,, '—'1:----, 4 * ----- I 1: lit-- * , —411111— -- - I.', -- . ,, '''f%itilk.k.-'' ''''''' .10.
_._ ,r
r - -.' .- "
k.
q p
_ „� �. '
Ste
� a 4,-,.:-.41,?-..
<.,r "A' �. '�.' •' Y , r n",� a 401+ # � � � �„
',•
.Ovi
, , ,, r �'. a • �' �, €'�"'�f bar, �` "` ,:
'"" -; .�°� 3 �^�. 3J.�,� «. ` s J NIR 'k r:'� / v''"'hRh
.., @` H ooh":
�'
+Y°°°. 4Y �'• 4 •
SYyf& ',.,, ,' ' '''. it J , t h boy ,.,
C s
s
m
lI '� of , Sp
v
5
: ° *See tent layout for exits
Rep: Ron Attaway -� y *No parking within 20' of tent or generator
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
APPLICANT
MATERIALS
RECEIVED
City of Tigard APR 15 2019
III
11 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD
PLANNING/ENGINEERING
Temporary Use Type I Application
s, _k ORE1656
a1g
PROPOSAL SUMMARY (Brief description) REQUIRED SUBMITTAL
Temporary use approval to allow: Retail sales of consumer ELEMENTS
fireworks from a 30' x 50' framed tent. II Owner's signature/
written authorization
Property address/location(s): 7600 SW Dartmouth St
Tigard, OR 97223
® Two(2)copies of the site/plot
g 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 / 19 End date: 7 /6 /19 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
CI Unforeseen/emergency situation ® Site/plot plan(reduced to 8.5"x11'/2")
® Applicant's statement address criteria:
CI Temporary sales office/model homes
18.785.040(2 copies)
® Temporary use in commercial and industrial zone
® Filing fee(unless exempt)
APPLICANT* FOR STAFF USE ONLY
Business name: TNT Fireworks --�1; V V
Case No.: C u� 000O3
Address: 7600 SW Dartmouth St
Related Case No.(s):
City/state: Tigard, OR Zip: 97223
Application Fee: 4 3,
Contact name: Gina Chaddock
Ph#: 503-330-1633 Email: Application accepted:
By: Date:' ► t l 2 161
Application determined complete:
PROPERTY OWNER/DEED HOLDER(S)*(Attach list if more than one) By: (T. 9-14-141 Date:
9 1'I t q
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 • 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.
ilk/44/Z.‘fite Shanee Ashley Laron '1I101i9'
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
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
702 SW 8'Street
Bentonville, AR 72712
Phone 479.273,4298
Kyle.Thurman@walmart.com
September 20, 2018
To Whom It May Concern,
American Promotional Events, Inc. dba TNT® Fireworks is an approved National
Supplier to conduct fireworks promotions on our Walmart parking lots where this type of
promotion is legal. All stores have been researched and approved by the Walmart
Realty Department. Approximate time frame for the promotions are:
• December 26th, 2018 through and including January 2 , 2019.
• June 15th, 2019 through and including July 6th, 2019 with the exception of Utah
which has an additional selling period through the end of July for Pioneer Days.
American Promotional Events, Inc. dba TNT® Fireworks is authorized to sign for and
obtain all necessary permits and/or licenses for the promotion and must display such
permits and/or licenses at each stand/tent. Walmart grants permission for all patrons of
the sale to utilize the restroom facilities at each participating store.
An American Promotional Events, Inc. dba TNT® Fireworks representative will call you
to introduce the company and discuss your participation in the event. Participation is
encouraged and does add additional income to your other income account. Store
Management must approve the store's participation and placement on the parking lot by
store stamping the Pre-Sale Survey.
Thank you in advance for your cooperation in this matter and if you have any questions,
please contact TNT® Fireworks at 1-800-243-1189 or Kyle Thurman at 479-273-4298.
Best Regards,
)17;.• /14
kyle Thurman
Walmart Services