TUP2019-00004 TUP2O19 - 00004
TNT FIREWORKS
NOTICE OF TYPE I DECISION
TEMPORARY USE PERMIT TUP2019-00004 19
TNT FIREWORKS TIGARD
SECTION I. APPLICATION SUMMARY
FILE NAME: TNT FIREWORKS
CASE NO.: Temporary Use Permit(TUP) TUP2019-00004
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
1,600-square-foot tent located in the parking lot at 16200 SW Pacific Highway,
Suite Z.
APPLICANT: TNT Fireworks
Attn:Faye Trupka
16200 SW Pacific Highway
Tigard,OR 97224
OWNER: Tecolote Resources,Inc.
Kelly's Legacy LLC,Et Al
By Hesslin Holdings,Inc.
23421 South Pointe Drive,Suite 270
Laguna Hills,CA 92653
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: 16200 SW Pacific Highway,Suite Z;WCTM 2S115AB,Tax Lot 100
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapter 18.11110
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
TUP2019-00004 TNT FIREWORKSS PAGE 1 OF 3
SECTION III. BACKGROUND INFORMATION
Site Information:
The project is located at 16200 SW Pacific Highway,Suite Z (WCTM 2S115AB,Tax Lot 1901); south of
SW Durham Road, east of SW Pacific Highway and west of SW 113`'' Avenue. The property is part of
the Tigard Towne Square shopping center, and shares parking and access with adjacent properties;
however,Tax Lot 1901 is under separate ownership.Tax Lot 1901 contains a 51,004-square-foot tenant
space that was previously occupied by a sales-oriented retail use (Albertsons),but is currently vacant.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
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
on the subject property. This criterion is met.
TUP2019-00004 TNT FIREWORKS PAGE 2 OF 3
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 (MMD2018-00055) shows that 920 parking spaces are provided
on site,618 parking spaces are required for the site's minimum parking requirement,and that 302 parking
spaces are provided 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 1600-
square-foot tent located in the parking lot at 16200 SW Pacific Highway, Suite Z. 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
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 17TH5 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.
ItuyetA4/ jpsitofit_
April 17`'',2019
APPROVED BY: Samuel Copelan
Assistant Planner
TUP2019-00004 TNT FIREWORKSS PAGE 3 OF 3
SITE DIAGRAM
Location Name: Albertsons #565 Location #: ORE1698
Site Address: 16200 SW Pacific Hwy Ordinance: TVF&R
City, State, Zip: Tigard, OR. 97224 Structure Type & Size: Tent 40'x 40'
Cross Streets: and Structure Faces:
Show all setback from structures, gas, fire lanes, public and private roads, property lines, trees and landmarks
SW Durham Rd.
A
60'
_ C ) C )
90'
90' Tent
Parking Parking
•
180'
C ) C ) C rA> C )
ALBERTSONS SHOPS
North
i
Notes
See tent layout for exits No parking within 20' of tent
Sales Rep: Ron Attaway
P! OF T1CaAH
Approved by Planning
Date: 4-14-11{
��itials: S('
APPLICANT
MATERIALS
•
RECEIVED
City of Tigard APR 15 2019
EI COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD
III
' ' PLANNING/ENGINEERING
Temporary Use Type I Application
ORE1698
PROPOSAL SUMMARY (Brief description)
REQUIRED SUBMITTAL
Temporary use approval to allow: Retail sales of consumer ELEMENTS
fireworks from a 40' x 40' framed tent. ® Owner's signature/
written authorization
Property address/location(s): 16200 SW Pacific Hwy
Tigard OR 97224 ® Two(2)copies of the site/plot
Tigard, plan indicating:
Tax map and tax lot #(s): 2S115AB, Tax Lot 1901 1. Location of the Temporary Use
2. Lot size
3. Square footage and location of
Site size: 40' x 40' 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
❑ Season/special event 7. Driveway locations
111 Unforeseen/emergency situation ® Site/plot plan(reduced to 8.5"x111/2")
Applicant's statement address criteria:
❑ 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 •T7 14i._ X
Case No.: 4,
Address: 16200 SW Pacific Hwy
Related Case No.(s):
City/state: Tigard, OR Zip: 97224
Application Fee:
Contact name:
Faye Trupka .
Application accepted:
Ph#: 971-218-9404 Email:
i_511.1._
By: Date: i
Application determined complete:
PROPERTY OWNER/DEED HOLDER(S)*(Attach list if more than one) By: SL Date: VI //"t
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.
u 4-6-02 _ Shanee Ashley Laron '/l/oltR
Applicant's signature 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
01(4'1E,
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FIREWORKS LEASE AGREEMENT
This agreement is made between Healrs Lessor and AMERICAN PROMOTIONAL EVENTS
NORTHWEST as Lessee. -" 0/0)e. ..s'c,c t,.c
1. American Promotional Events—NW ,will lease a portion of the property located at:(hereafter called the
"Location"): 16200 SW Pacific Hwy,Tigard, OR for the sale of approved fireworks from the following
premises.
2. The lease payment will be 1111111Reuiyear for the period of June 20th thru July 7th hereafter called the
"Season". Payment shall be paid on or before April 2nd,
3. Lessor represents that the Location is owned and/or controlled by the Lessor and furthermore that the Lessor
agrees to grant the Lessee the exclusive right to operate a fireworks sales structure(hereafter the"Structure's)
through the year 2019 or the above-mentioned period.
4. The Lessor herby grants Lessee a first right of refusal to match any bona fide offer to lease the Location for
fireworks sales during the renewal Seasons.
5. In return, Lessee agrees to the following terms and conditions:
a. Provide an A+ rated$10,000,000,00 certificate of insurance, prior to occupancy, evidencing liability
insurance in force covering the erection and operation of the Structure. Insurance shall name Lessor as
additional insured, and Lessor shall be held harmless from any claims arising from the maintenance or
operation of the Structure.
b. Pay any and all costs involved in erection, maintenance, and operation of the Structure, and Lessee shall
guarantee that the Location will be returned to its original condition.
c. Obtain and pay all necessary permits and licenses required by law, post with local authority any debris or
performance bonds as required,and guarantee that all laws and regulations shall be adhered to.
6. This agreement is contingent upon Lessee securing necessary permits and licenses. Lessee may cancel this
agreement if the sale of fireworks is prohibited at this Location by a public authority or such sale, in the good
faith opinion of Lessee, becomes commercially unreasonable In such an event any deposit shall be refunded to
Lessee.
Agreed to and this_ day of ! t s, 201g
// jam'
Accepted: _— Accepted: _
/ . 14. r
Pe rty Investors ..., _.L-,tom
Lessor: MPro ._ Lessee: net A. Spence
,�
C/O: Heslin Holdings AMERICAN PROMOTIONAL EVENTS- NW
23421 South Pointe Dr., Suite 270
Laguna Hills, CA 96523
Phone: 949-233-4758
AMERICAN PROMOTIONAL EVENTS, INC.
2120 MILWAUKEE WAY ' TACOMA,WA 98421
TACOMA (253)922-0800 , FAX (253)830-2930
www.tntfireworks.com
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
Purposed Use and Information Sheet
Temporary Sales Site:
Albertson's #565
16200 SW Pacific Hwy
Tigard, OR 97224
(see attached diagram)
Type of Sales and Product:
Retail sales of 1.4g consumer fireworks
Type of Structure:
40' x 40' 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
Faye Trupka
24hr phone: 971-218-9404
RECEIVED
Samuel Copelan APR 3 0 2019
CITY OF TIGARD
From: Samuel Copelan PLANNING/ENGINEERING
Sent: Tuesday, April 30, 2019 11:17 AM
To: ftrupka@gmail.com; Shanee Laron
Subject: FW:TUP2019-00004 Mailing Address
Attachments: TUP2019-00004 Contact Information.pdf
Hello Faye,
Thank you again for the phone call! The confusion happened because your name and 16200 SW Pacific Highway,Tigard,
OR 97723 were listed on the applicant section of the form (see attached); we believed that you would receive the land
use decision at this address.To alleviate confusion in the future, please list the mailing address for the applicant in the
applicant section of the form.
I will send the land use decision to the address that you gave to me over the phone.Thanks again and have a great day!
Sincerely,
Sam Copelan
Assistant Planner
City of Tigard; Community Development
13125 SW Hall Boulevard
Phone: (503)-718-2450
Email: Samuelc@tigard-or.gov
From:Samuel Copelan
Sent:Tuesday,April 30, 2019 9:50 AM
To:ftrupka@gmail.com
Subject:TU P2019-00004 Mailing Address
Good morning Faye,
I mailed a hard copy of the land use decision for the TNT Fireworks to 16200 SW Pacific Highway,Tigard, OR 97723 (the
address on the application), and unfortunately the letter was returned to sender.Would you please send me the best
address so that I may mail this letter to you?Thank you!
Sincerely,
Sam Copelan
Assistant Planner
City of Tigard; Community Development
13125 SW Hall Boulevard
1
Phone: (503)-718-2450
Email: Samuelcatigard-or.gov
2
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