TUP2019-00015 APPROVED
TUP2O1 9 - 00015
FEARLANDIA ,
LLC
NOTICE OF TYPE I DECISION
TEMPORARY USE PERMIT TUP2019-00015 1111
FEARLANDIA, LLC T I GARD
120 DAYS = November 22, 2019
SECTION I. APPLICATION SUMMARY
FILE NAME: Fearlandia, LLC
CASE NO.: Temporary Use Permit(TUP) TUP2019-00015
PROPOSAL: The applicant is requesting a temporary use permit for a haunted house event
between October 5,2019 and November 3,2019.Activities will take place within
a temporary 8,000-square-foot tent located in a gravel lot at the The Circuit
Bouldering Gym property (16255 SW Upper Boones Ferry Road).
APPLICANT: Fearlandia,LLC
Attn:Tim Devlaeminck
6521 SE 40th Avenue
Portland, OR 97202
OWNER: Coleman Bouldering,LLC
Attn:Andy Coleman
16255 SW Upper Boones Ferry Road
Tigard, OR 97224
LOCATION: 16255 SW Upper Boones Ferry Road
WCTM 2S113AB,Tax Lot 700
BASE ZONE: I-P: Industrial Park Zone
APPLICABLE
REVIEW
CRITERIA: Community Development Code (CDC) Chapters 18.410 and 18.440.050.A
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 OCTOBER 5,2019 TO NOVEMBER 3,2019.
TUP2019-00015 Fearlandia,LLC 1
SECTION III. BACKGROUND INFORMATION
Site Information:
The project is located at 16255 SW Upper Boones Ferry Road;at the intersection of SW Durham Road and
SW Upper Boones Ferry Road. The site is 3.4 acres in size, and contains an existing commercial building
that is occupied by an indoor entertainment use, The Circuit Bouldering Gym. The site also contains 67
parking spaces,associated landscaping,and an approximately 59,000-square-foot gravel lot on the northeast
portion of the property.The applicant proposes to locate the temporary use on this gravel lot.The property
is zoned Industrial Park(I-P),as are adjacent properties to the north, south,and east. Properties to the west
are under the jurisdiction of the City of Durham. In February 2014, the City of Tigard Planning Division
approved a 20 percent reduction to the site's minimum off-street parking requirement(Case No.VAR2013-
00024).
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.410 Off-Street Parking and Loading:
18.410.040 General Design Standards
E. Surfacing. Off-street parking areas must be paved with an asphalt,concrete,or pervious paving
surface,with the following exceptions:
1. Off-street parking areas associated with a temporary use application,as provided in Chapter
18.440,Temporary Uses,provided the approval authority determines that unpaved parking
will not create adverse conditions.
2. Off-street overflow parking areas in the Parks and Recreation zone.
The applicant is proposing a haunted house event between October 5, 2019 and November 3, 2019. The
event will include an 8,000-square-foot tent,and 75 parking spaces that will be located on a 59,000-square-
foot gravel lot at 16255 SW Upper Boones Ferry Road. The applicant's request to utilize this gravel lot
was submitted concurrently with this temporary use permit application. This standard is met.
18.410.070 Vehicle Parking Quantity Standards
A. Off-street parking requirements. The ratios for providing minimum and maximum vehicle
parking spaces are provided in Table 18.410.3. If application of the maximum parking standard
results in less than 6 parking spaces for a development with less than 1,000 square feet of floor
area,the development is allowed up to 6 parking spaces.If application of the maximum parking
standard results in less than 10 vehicle parking spaces for a development between 1,000 and
2,000 square feet,the development is allowed up to 10 vehicle parking spaces.
The subject site is currently occupied by an indoor entertainment use, The Circuit Bouldering Gym
(approximately 25,000 square feet in size). In February 2014, the City of Tigard Planning Division
approved a 20 percent reduction to the site's minimum off-street parking requirement (Case No.
VAR2013-00024). This temporary use permit application is also for an indoor entertainment use,which
will be located inside an 8,000-square-foot tent. As outlined in CDC Table 18.410.3, the minimum off-
street parking requirement for an indoor entertainment use is 4.3 spaces for every 1,000 square feet.
Accordingly, the new minimum-off street parking requirement for all uses on site (temporary and
permanent) is 114 spaces, taking into consideration the 20 percent parking reduction discussed above.
Staff finds there is adequate parking at the subject site,with 142 parking spaces provided.
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
one year. Examples of this type of use are those associated with the sale of goods for a specific
TUP2019-00015 Fearlandia,LLC 2
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 associated with the celebration of a specific holiday (Halloween), and will
last less than one year;therefore, this proposal meets the description of a 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 will 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 haunted house event will take place only once this calendar year.Additionally,the
use will occur between October 5,2019 and November 3, 2019,which is a period less than 30 consecutive
days.This criterion is met.
2. The use is allowed in the applicable base zone;
This proposal is for an indoor entertainment use,which is allowed in the I-P Zone.This criterion is met.
3. The applicant has proof of the property owner's permission to place the use on the property;
This 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 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;
The minimum off-street parking requirement was addressed above, under Chapter 18.410 Off-Street
Parking and Loading of this decision. This criterion is met.
5. The use will provide adequate vision clearance, as required by Chapter 18.930, Vision
Clearance Areas,and not obstruct pedestrian access on public rights-of-way.
The applicant's site plan demonstrates that vision clearance would not be adversely impacted by the
haunted house,which will not be located within any public right-of-way.Additionally,this temporary use
will not obstruct pedestrian access. This criterion is met.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was provided to:
X The applicant and owner
TUP2019-00015 Fearlandia,LLC 3
Final Decision:
A Temporary Use Peimit is a Type I procedure.As such, this decision is final for purposes of appeal on
the date it is mailed or otherwise provided to the applicant,whichever occurs first. This decision is not
appealable locally, and is the final decision of the City.
THIS DECISION IS FINAL ON JULY 29, 2019,
AND BECOMES EFFECTIVE ON JULY 30, 2019.
Questions:
If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov.
�'— ✓� - July 29, 2019
APPROVED BY: Lina Smith,Assistant Planner
Community Development Director's Designee
TUP2019-00015 Fearlandia,LLC 4
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APPLICANT
MATERIALS
RECEIVE®
in City of Tigard JUL 24 2019 NG
Case #: P2o lel-C t
COMMUNITY DEVELOPMENT 1?e Taj
illIl
Master Land UseA.L ANG E1icaEhOn
IGART0 p plication
LAND USE APPLICATION TYPE
❑ Accessory Dwelling Unit(ADU) O Modification: ❑Type I ❑ Type II
0 Adjustment 0 Planned Development:
❑ Annexation 0 Consolidated Plan
❑ Comprehensive Plan Map Amendment ❑ Concept Plan
❑ Conditional Use ❑ Detailed Plan
❑ Downtown Design Review: ❑ Sensitive Lands Review:
0 Track 1 0 Track 2 0 Track 3 0 Type I 0 Type II ❑ Type III
❑ Home Occupation-Type II 0 Site Development Review: 0 Type I O Type II
❑ Land Partition O Subdivision
O Lot Line Adjustment/Lot Consolidation Temporary Use Permit
O Marijuana Facility Permit 0 Urban Forestry Plan:
C) Miscellaneous: ❑ Modification ❑ Discretionary Review
O Type II ❑ Type III 0 Zoning Map Amendment
PROJECT INFORMATION
Project name: 'tt.t /ectice l c- �ei"/ fc-'-Ct /7o u s c_s_
Brief description of project: Fifa r�ry ///et 14 710(,Au-E.
/en* S/Ze Ki0Otn • ST/F Jof size. 60, 066 sp-b"
Det-i-e s o c /A 1-c,_, d cf .5h. — Not.) 3rd
SITE INFORMATION
Location (address if available): /6'f, 5T c 5 C I after /o ui1�,s ear'7 Ad rly ay,
Tax map and tax lot number(s):
c�0a VA- L i- S:2•c 66;O
Site size: /E✓1 Si.�� Zone:
APPLICANT INFORMATION
la
Name: 5'eq-- .a...af'.`aL LZC b ,-,0,„61,5 LL. C.
Mailing address: 6,'";---"Z-/ SE 4/0 -4-A td-c_ City/State: Pei(- �t C Zip: 9 7 Zo Z
Phone: ,57O 3 e3,9 -..7 ,)-6-3 Email: "7"'�•- cct,.r la--_,L°ate : Lc,, 1
Applicant's representative: 1 ,<,.A J j LA.,k cl ,
Phone: 503 5-9769 0 Email: �. 't� r) ..�t.`„z . co,."--t
City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 oft
PROPERTY OWNER INFORMATION C7 Same as applicant
(Attach list for additional owners)
Name: ,-, Co/emaOL 7-A e Corc u -f Gym 1 tic
Mailing address: /6,2Z. So) aG'azrn s Fere/City/State: -2-7y6i of Zip: y 7 02 `/
Phone: SO 3 - S T _a 332. Email:
SUBMITTAL REQUIREMENTS
In addition to this application form,you must submit all required items listed in Subsection 18.710.030.0 of
Tigard's Community Development Code. If you are unsure what is required with your application,please contact
the planner on duty at 503-718-2421 or tigardplannerondutyQa tigard-or.gov.
I certify that I am the property owner or I am eligible to initiate this application,as provided in the Tigard
Community Development Code. To the best of my knowledge,all the information provided within this application
package is complete and accurate.
) rkki 2_3--)_( 1Y
rIpplicant's signature* Print name Date
//;1d CvIeman 7-/V-/ 7
Property o•er's signature* Print name Date
Property owner's signature* Print name Date
*The owner must sign this application or submit a separate written authorization when the owner and applicant are
different people.
STAFF
cUSE
�ONLY
Case No.: 11/122010-t�1 Application fee:`C 40Lp Received by: Date:"1 14
Related Case(s): Determined complete by: 1.-"C Date: 9/4/1
City ofTigard • 13125 SW Hall Blvd. • Tigard, Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of2
LEASE RECEIVE :
1. BASIC LEASE TERMS. JUL 2 4 2019
(a) Effective Date of this Lease. A c4�us-�" ,201
PLANN NG/ENGINEE�;t,'
(b) Parties and Notice Addresses.
(i) Landlord. [The Circuit,Inc.]
(ii) Tenant. Fearlandia LLC and D&D Props LLC
(c) Description of Premises. Bare land(the"Premises") located at 16255 SW
Upper Boones Ferry Road, Tigard, Oregon. The Premises are more particularly
described on Exhibit"A"hereto.
(d) Term. The initial term of this Lease shall commence on August 1, 20l,(the
"Commencement Date")and shall continue to October 31, 20l' ; provided,
however,that Tenant may extend the term through all or a portion of the month of
November 201,by notifying Landlord of the duration of such extension on or
prior to October 25,2019.
(e) Base Monthly Rent. Base Monthly Rent during the term shall be paid in the
following amounts:
Base Monthly Rent shall be paid in equal monthly installments of$.3,500
(0 Use. The Premises shall be used solely for the following purpose and for no
other purpose whatsoever: to prepare for, set up and operate a Halloween themed
Haunted House during the term that is ticketed and open to the public from and
after October 7, 2019r_hrough and including November I,201
2. LEASE OF PREMISES.
(a) Demise and Description. Upon and subject to the terms of this Lease,
Tenant leases from Landlord and Landlord leases to Tenant the Premises.
(b) Inspection. Tenant accepts the Premises in their present condition"AS IS."
Except as expressly set forth herein, Landlord has not made, and no agent of
Landlord has made or is authorized to make,any representation or warranty to
Tenant regarding the Premises,the uses that can be made of the Premises, or the
suitability of the Premises for particular purposes.
3. TERM.
(a) Initial Term. Except as set forth herein,the initial term of this Lease is for
the period set forth in Section 1 and shall commence upon the Effective Date.
1 —LEASE
Landlord)arising out of or related to the failure of Tenant to perform any
obligation under this Section 5(c).
6. SIGNAGE. Any signs both lighted and unlighted,and interior or exterior(regardless of
size)to be located on the Premises(if any)shall,prior to installation,be approved in
writing by Landlord.
7 UTILITIES. Tenant shall pay,as and when due,the cost of garbage,janitorial,
oioxottiveity,gas,water, sewer and any other utility or other services
provided to the Premises(if any). In no event whatsoever shall Tenant have the right to
terminate this Lease, nor shall Landlord have any liability, for any loss or interruption of
utility or other services.
8. MAINTENANCE.
(a) Landlord's Obligations. Landlord shall be under no obligation to make or
perform any repairs,maintenance,replacements,alterations, or improvements
(collectively"Maintenance") on the Premises.
(b) Tenant's Obligations. Tenant,at its expense,shall keep the Premises in first-
class repair, operating condition,working order,and appearance. Tenant's
responsibilities include,without limitation,the following:
(1) Maintenance of parking lot, sidewalks, landscaping and signs(if
any) in the condition existing at commencement of this Lease,
reasonable wear and tear excepted.
(2) Any Maintenance required under Tenant's obligation to comply
with laws and regulations as set forth herein.
(3) All other Maintenance to the Premises that Landlord is not
required to make under this Section 8.
(c) Reimbursement for Repairs Assumed. If Tenant fails or refuses to conduct
Maintenance that is required by this Section 8,Landlord may conduct the
Maintenance and charge the actual costs of repairs to Tenant. Such expenditures
by Landlord shall be reimbursed by Tenant on demand together with interest at
the rate of 12%per annum from the date of expenditure by Landlord. Except in
an emergency creating an immediate risk of personal injury or property damage,
Landlord may not perform Maintenance and charge the Tenant for the resulting
expense unless at least thirty(30) days before work is commenced,the Tenant is
given notice in writing outlining with reasonable particularity the Maintenance
required,and fails within that time to initiate the Maintenance in good faith. Once
initiated, Tenant must diligently pursue completion of Maintenance, or Landlord
shall be entitled to assert the remedies set forth in this Section 8(c).
(d) Inspection of Premises. Landlord shall have the right to inspect the Premises
at any reasonable time or times to determine the necessity of Maintenance.
5—LEASE
(g) Interpretation. This Lease shall be construed and interpreted in accordance
with the laws of the state of Oregon. Each party has had the full opportunity to
have this Lease reviewed by such attorneys and others as each such party deems
fit;this Lease shall not be construed strictly nor adversely against Landlord by
reason of the same having been initially drafted by the attorneys for Landlord.
This Lease constitutes the entire agreement between the parties with respect to the
Premises and may be amended only by a written document signed by Landlord
and Tenant. When required by the context of this Lease,the singular shall include
the plural,and the masculine shall include the feminine and/or neuter. "Party"
shall mean Landlord or Tenant. If more than one person or entity constitutes
Tenant,the obligations imposed upon that party shall be joint and several; if
Tenant consists of or includes a partnership,all partners shall be jointly and
severally liable. In the event any provision hereof is held to be void or
unenforceable as written,the parties intend and desire that(i) such provision be
enforced to the fullest extent allowed by law,(ii) if necessary,a court reform the
provision to allow for such enforcement,and(iii)the balance of this Lease remain
fully enforceable.
(h) Third Parties. Except as specified herein,there are no third parties benefited
hereby,this Lease being intended solely for the benefit of Landlord and Tenant.
(i) Survival. The indemnity,release, limitation of liability,and attorneys fees
provisions hereof shall survive the expiration or termination of this Lease or other
Tenant's right of possession. No such expiration or termination shall relieve
Tenant from any liability hereunder.
24. ARBITRATION AND VENUE. The parties agree that all disputes arising out of this
Agreement shall be submitted to binding arbitration before a single arbitrator appointed
by and pursuant to the procedures of the Arbitration Service of Portland, Inc. The
arbitrator shall be a lawyer knowledgeable with respect to commercial entertainment
leases. Notwithstanding the preceding, either party may seek equitable remedies to
preserve the status quo. The venue for arbitration or litigation shall be Multnomah
County,Oregon.
LANDLORD: TENANT:
[NAME] [NAME]
By. By' _ .�
U,Ni�et' �, �� � IA L, Title: e.---,L<<7�_�r /�c�- 4—L t(cG`
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Exhibits
A—Legal Description
14—LEASE
RECEIVED
JUL 2 4 2019
18.440.040 Approval Process CITY OF T�
PLANNING/EN INE D
A. Approval process. An application for a temporary use is processed through a Type I procedure,I?ING
provided in Section 18.710.050, using the approval criteria for the specific temporary use provided in
Section 18.440.050.
B. Approval period. An approval for a temporary use is valid for a period of 1 year unless otherwise
stipulated by the approval.
C. Expiration.An approval for the temporary use will expire if:
1. Substantial construction of the approved plan or onset of the approved activity has not begun
within the approval period; and
2. Construction or activity on the site is a departure from the approved plan. (Ord. 18-28 §1; Ord.
18-23 §2; Ord. 17-22 §2)
18.440.050 Approval Criteria
A. Seasonal and special events. The approval authority will 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;
2. The use is allowed in the applicable base zone;
3. The applicant has proof of the property owner's permission to place the use on the property;
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;
5. The use will provide adequate vision clearance, as required by Chapter 18.930, Vision Clearance
Areas, and not obstruct pedestrian access on public rights-of-way; and
6. Seasonal markets are allowed in the C-G and MU-CBD zones and may operate from April
through October. The applicant must provide "market rules and policies" for city approval, which
are consistent with the seasonal market use description in Paragraph 18.440.030.A.2 and will be
observed for the duration of the permit. Market rules and policies must include hours of
operation, location, product guidelines, vendor obligations, vehicle loading or unloading, and any
other applicable policies guiding the operation of the market. The city may also consider the
following criteria:
a. Provide documentation demonstrating adequate and safe ingress and egress exist when
combined with the other uses of the property, in compliance with Chapter 18.920, Access,
Egress, and Circulation;
b. Provide documentation demonstrating the use will not create a traffic hazard, including
coordination with ODOT if applicable;
Temporary Uses 18.440-3 Code Update:12/18
c. Provide documentation that the use will not create adverse off-site impacts related to noise,
odors, vibrations, glare, or lights that would be greater than otherwise allowed by uses
allowed in the base zone; and
d. Signs are allowed as provided in Chapter 18.435, Signs; however, temporary signs may be
approved for a period of time to correspond with the duration of the seasonal market use.
B. Unforeseen or emergency situations. The approval authority will approve or approve with conditions
unforeseen or emergency situations when all of the following are met:
1. The need for the use is the direct result of a casualty loss such as fire, wind storm, flood, or other
severe damage by the elements to a pre-existing structure or facility previously occupied by the
applicant on the premises for which the permit is sought; or
2. The use of a mobile or manufactured home on a lot with an existing dwelling unit is necessary to
provide adequate and immediate health care for a relative who needs close attention who would
otherwise be required to receive needed attention from a hospital or care facility; or
3. The applicant has been evicted within 60 days of the date of the application from a pre-existing
occupancy of the premises for which the permit is sought as a result of condemnation proceedings
by a public authority, or eviction by abatement of nuisance proceedings, or by determination of a
public body or court having jurisdiction that the continued occupancy of the facilities previously
occupied constitutes a nuisance or is unsafe for continued use; or
4. There has been a loss of leasehold occupancy rights by the applicant due to unforeseeable
circumstances or other hardship beyond the foresight and control of the applicant; and
5. There exists adequate and safe ingress and egress when combined with the other uses of the
property, as required by Chapter 18.920, Access, Egress and Circulation, and Chapter 18.930,
Vision Clearance Areas; and
6. There exists adequate parking for the customers of the temporary use as required by Chapter
18.410, Off-Street Parking and Loading; and
7. The use will not result in congestion on adjacent streets; and
8. The use will pose no hazard to pedestrians in the area of the use; and
9. The use will not create adverse off-site impacts including noise, odors, vibrations, glare, or lights
that will affect adjoining uses in a manner that other uses allowed in the base zone would not
affect adjoining uses; and
10. The use can be adequately served by sewer or septic system and water,if applicable.
C. Temporary sales office or model home. The approval authority will approve or approve with
conditions a temporary sales office or model home when all of the following are met:
1. Temporary sales office.
a. The temporary sales office must be located within the boundaries of the subdivision or
property in which the real property is to be sold; and
Temporary Uses 18.440-4 Code Update:12/18
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