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TUP2020-00001 NOTICE OF TYPE I DECISION TEMPORARY USE PERMIT TUP2020-00001 's TNT FIREWORKS TIGAIU 120 DAYS = AUGUST 6lh, 2020 SECTION I. APPLICATION SUMMARY FILE NAME: TNT FIREWORKS CASE NO.: Temporary Use Permit(TUP) TUP2020-00001 PROPOSAL: The applicant is requesting a Temporary Use Permit for firework sales between June 23, 2020 and July 7, 2020. Fireworks sales will take place within a temporary 800-square-foot tent located near the northwestern entrance of the Albertson's parking lot.A total of ten parking spaces will be used for the proposed temporary use. APPLICANT: Maelstrom Made DBA TNT Fireworks Attn: Eugene Nuss PO Box 836 Clackamas,OR 97015 OWNER: Spirit SPE HG 2015-1 LLC By Haggen OPCO South LLC ATTN: Peter Cavazos 2211 Rimland Dr,Suite 300 Bellingham,WA 98226 ZONING: C-C: Community Commercial zone. The C-C zone is designed to provide convenience shopping facilities that meet the regular needs of nearby residential neighborhoods. With a service area of about 1.5 miles, such commercial centers typically range in size from 30,000-100,000 square feet on sites ranging from 2 to 8 acres. Separated from other commercially-zoned areas by at least 0.5 miles, community commercial centers are intended to serve several residential neighborhoods,ideally at the intersection of two or more collector streets or at the intersection of an arterial and collector street A limited number of other uses, including but not limited to gas stations,medical centers,religious institutions,park- and-ride lots,and uses with drive-through services,are allowed conditionally. LOCATION: 14300 SW Barrows Rd;WCTM 2S104BB,Tax Lot 7900 APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.410 and 18.440 TUP2020-00001:TNT FIREWORKS PAGE 1 OF 4 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, 2020 TO JULY 6,2020 SECTION III. BACKGROUND INFORMATION Site Information: The project is located on the southeast side of SW Barrows Road, southwest of SW Walnut Street, northwest of SW Northview Drive,and north of SW Northview Park. The proposed temporary use will be located at 14300 SW Barrows Road (WCTM 2S104BB,Tax Lot 7900) and is owned by Haggen Opco South LLC. Tax Lot 7900 and the three (3) adacent properties (WCTM 2S104BB, Tax Lots 7800, 8000, and 8100) are part of an existing retail center.Tax lot 7800 is owned by Aluli Real Estate Holding LLC, and tax lots 8000 and 8100 are owned by Barrows Plaza LLC. All four (4) tax lots in the existing retail center contain three (3) commercial buildings,an on-site parking lot,and associated landscaping.The site is zoned Community Commercial (C-C). SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Findings for only the applicable code sections are found below: 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 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 temporary fireworks sales will take place only once this calendar year. The use will occur between TUP2020-00001:TNT FIREWORKS PAGE 2 OF 4 June 23,2020 and July 6, 2020,which is a period less than 30 consecutive days.This standard 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 an allowed use in the C-C zone. This standard 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 standard 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 parking count for the entire development site was conducted in November 2015 (MMD2015- 00037) and a recent change of use from 2018 (MMD2018-00022) describes an approved tenant partition for an indoor entertainment use. The parking count with information from these land use decisions ensures that the minimum parking requirements for all uses on site would still be met even with the proposed temporary use. Square Parking Spaces Percentage Total Parking Use Category Footage Required Required Spaces Required 3.0 parking spaces/1,000 Sales-Oriented Retail 40,200 square feet 100% 120.6 2.5 parking spaces/1,000 Personal Services 5,987 square feet 85% 12.72 Eating& Drinking 9.0 parking spaces/1,000 Establishment 5,540 square feet 70% 34.90 Fast Food Eating& 7.0 parking spaces/1,000 Drinking Establishment 2,163 square feet 60% 9.08 4.3 parking spaces/1,000 Indoor Entertainment 1,834 square feet 60% 4.73 3.9 parking spaces/1,000 Medical Office 1,759 square feet 60% 4.12 3.3 parking spaces/1,000 Repair-Oriented Retail 843 square feet 60% 1.67 Parking Total 187.82 Minimum Parking Required 188 Parking Provided 281 TUP Occupied Parking 10 Parking Surplus 83 TUP2020-00001:TNT FIREWORKS PAGE 3 OF 4 Staff finds that 188 parking parking spaces are required and that 281 parking spaces are provided on-site. The temporary use will occupy ten (10) parking spaces, leaving 83 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 standard 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; and The applicant's site plan demonstrates that the proposed temporary use will take place within an 800- square-foot tent located near the northwestern entrance of the Albertson's parking lot. The applicant submitted a site plan to confirm that the proposed tent will not be located in any public right-of-way,and will not impact vision clearance or pedestrian access. This standard 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 14TH, 2020 AND BECOMES EFFECTIVE ON APRIL 15TH, 2020 Questions: If you have any questions,please contact Samuel Copelan at (503) 718-2450 or SamuelCatigard-or.gov. LIA41/ CIPL&L April 14th, 2020 APPROVED BY: Samuel Copelan Assistant Planner TUP2020-00001:TNT FIREWORKS PAGE 4 OF 4 SITE DIAGRAM Location Name: Albertsons #3542 Location #: ORE1657 Site Address: 14300 SW Barrows Rd Ordinance: TVF&R City, State, Zip: Tigard, OR 97223 Structure Type & Size: Tent 20' x 40' Cross Streets: and Structure Faces: 40' parallels SW Barrows Rd Show all setback from structures, gas, fire lanes, public and private roads, property lines, trees and landmarks a - i y Pi*" , , , JINN., if / a /llib / � k: art l / ! a �-� 50'+`, apt _- 200*11 *V • '' • , 7: r r a : �� 100' • . , i A; ' 6 � ' r ' _ y I .- r'- fr (�i 4nn;� . rnr cAirbrii , .,r ,4. / `�r r. ` IT "` T �, Coin ,, ` �l' =arro Dental Care -/�'� ;f' Albertsons e' R Albertsons Floral �' Albertsons il APPROVED ' , Albe sons DEEII / samuelc,10:53:31,04/1 512 0 2 0 Notes See tent layout for exits *NO PARKING WITHIN 20FT OF TENT OR GENERATOR* Per City of Tigard, approx. JO parking spares will he occupied by tent and 77V7-use Sales Rep: Ron Attaway R 7 F 1VE Case #: I V P2 20- Oo00( City of Tigard APR 04 2020 3 a COMMUNITY DEVELOPMENT DEPARIMAAT "' TIGARD Master Land Uge"App'l�1.i1,tiVn ORE1657 LAND USE APPLICATION TYPE 0 Accessory Dwelling Unit(ADU) 0 Modification: 0 Type I D Type II ❑ Adjustment 0 Planned Development: ❑ Annexation 0 Consolidated Plan 00 Comprehensive Plan MapAmendment PConcept Plan ❑ Conditional Use 71 Detailed Plan ❑ Downtown Design Review: 0 Sensitive Lands Review: 0 Track 1 0 Track 2 ❑ Track 3 D Type I 0 Type II 0 Type III 0 Home Occupation—Type II 0 Site Development Review: D Type I O Type II yI' YP ❑ Land Partition 0 Subdivision 0 Lot Line Adjustment/Lot Consolidation ® Temporary Use Permit 0 Marijuana Facility Permit 0 Urban Forestry Plan: ❑ Miscellaneous: O Modification 0 Discretionary Review D Type II O Type III ❑ Zoning Map Amendment PROJECT INFORMATION Project name: TNT Fireworks Brief description of project: Retail sales of consumer fireworks at the Albertsons parking lot with a 20' x 40' framed tent for the 4th of July season from 6/23/20 and 7/6/20. *Parking lot Occupied by TUP and will not be in the Vision Clearance Triangle (see the last page of for the site map). SITE INFORMATION Location (address if available): 14300 SW Barrows Rd, Tigard, OR 97223 Tax map and tax lot number(s): 2S104BB07900 Site size: Zone: C_C APPLICANT INFORMATION Name: Eugene Nuss Mailing address: PO Box 836 City/State. Clackamas, OR zip: 97015 Phone: 503-960-3044 Email: Applicant's representative: Shanee Laron Phone: 503-653-9655 Email: LaronS@tntfireworks.com City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page I of ORE1657 PROPERTY OWNER INFORMATION ❑ Same as applicant (Attach list for additional owners) Name: Spirit SPE HG 2015-1 LLC by Haggen OPCO South LLC Mailing address: 2211 Ritnland Dr, Suite 300 _City/State: Bellingham,WA lip. 98226 Phone: 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 tigardplannerondutygtigard-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. Ji 402-- Shanee Laron r�f,_eo, h o Applicant's signature* Print name Date /`each pe.-ml ion ogrro gilt Property owner's signatures 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 USE ONLY q� Case No.: '11)PW-DX0 Application fee: 0 Received by: Date: 4;7, ZU Related Case(s): Determined complete by: Date: .. City a/Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2of2 TO WHOM IT MAY CONCERN: Subject to the terms of the existing Agreement, as amended, between the Parties, permission is hereby granted to and American Promotional Events, - North West, Inc., a Washington Corporation, d.b.a. TNT Fireworks, for the exclusive right to use the property located at Albertsons Store #3542, with an address of 14300 SW Barrows Road, in the City of Tigard, in the State of OR, for their 2020 Fireworks Stand/Tent. Dates of Sale are 06/20/2020 through 07/09/2020. Please contact Kathy Vilendrer at (208) 395-6681 or Jacque Hadley at (208) 395-3668. It is understood that this sale will be conducted in accordance with all City, County, and State regulations. Albertson's LLC C ( ' EEO 0 3 2020 By: Date: SITE DIAGRAM Location Name: Albertsons #3542 Location #: ORE1657 Site Address: 14300 SW Barrows Rd Ordinance: TVF&R City, State, Zip: Tigard, OR 97223 Structure Type & Size: Tent 20' x 40' Cross Streets: and Structure Faces: 40' parallels SW Barrows Rd Show all setback from structures, gas, fire lanes, public and private roads, property lines, trees and landmarks 1. ! a. r r t, _ i, ii t NO. 50+- . mil, w f .. 200'+ - i Jr x h . a. ." •y,,, ;a, y. ,y.. y t 1 :, .. , t �.. « .. _ .. "ft. Or 6y : ar f1t ' Starbuckr. 2 ! fit: d' , i1 ir / Coal 1:..t.i ot® E er 1 i ' -1- , - Albertsons Floral + Alberisons z r J Albertsans r. e, • Albert`sons Deli I ,.,,, ■ Notes See tent layout for exits *NO PARKING WITHIN 20FT OF TENT OR GENERATOR* Sales Rep: Ron Attaway SITE DIAGRAM Location Name: Albertsons #3542 Location #: ORE1657 Site Address: 14300 SW Barrows Rd Ordinance: TVF&R City, State, Zip: Tigard, OR 97223 Structure Type & Size: Tent 20' x 40' Cross Streets: and Structure Faces: 40' parallels SW Barrows Rd Show all setback from structures, gas, fire lanes, public and private roads, property lines, trees and landmarks f I, /4440: . 0 gi // r. i I!alii r ( 001 r1.00 k. 0 ,ram...,... f 11 200' ° . l ' "efa.uN;x, F' $ . . 100'+ �x .- .. * ' . rJ . 1 , ^6 ♦ P ' Ri ' 1--- w ow Gj l n Inman �' , S iatb F' I` .; ! ,„ s ` (Th. +, ` 1 i /� Coin „ .„oa.r®w Derital U a '�` „ .„ - Albertsons Floral / Albertsons .. j Albertsons � ,r, . Albertson Deli ON { 'a.,,,;;, • Notes See tent layout for exits *NO PARKING WITHIN 20FT OF TENT OR GENERATOR* Sales Rep: Ron Attawav City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Purposed Use and Information Sheet Temporary Sales Site: Albertson #3542 14300 SW Barrows Rd Tigard, OR 97223 (see attached diagram) Type of Sales and Product: Retail sales of 1.4g consumer fireworks Type of Structure: 20' 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 Eugene Nuss 24hr phone: 503-960-3044 City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Purposed Use and Information Sheet Temporary Sales Site: Albertsons #3542 14300 SW Barrows Rd Tigard, OR 97223 (see attached diagram) Type of Sales and Product: Retail sales of 1.4g consumer fireworks Type of Structure: 20' 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 Eugene Nuss 24hr phone: 503-960-3044 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; Sales only will occur from June 23 through July 6 of the year. 2.The use is allowed in the applicable base zone; Temporary use of fireworks tent is in the commercial zone and is allowed 3.The applicant has proof of the property owner's permission to place the use on the property; owner signed the TUP application. 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 no parking 20'perimeter around the tent will be blocked off 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. No temporary use will be located within the vision clearance triangle.See attached site map(last page) 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:See attached "Proposed Used Information" sheet 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;Temporary use of fireworks tent will have safe ingress and egress exits. See b. Provide documentation demonstrating the use will not create a traffic hazard, including coordination with ODOT if applicable;Temporary use of fireworks tent will not create a traffic hazard in the Albertsons parking lot 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 Temporary use of fireworks tent will no create off-site impacts related to noise,odors, vibrations,glare or lights. 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.Temporary signs will only be used during the duration of the fireworks selling period (June 23 through July 6). • . . * 11. r"'" . . '" a s WI k K� tiftBvklY'e.#< bffi'.mr$� en ocatioll l' . iwt , 1 g . < asp „ . { I' c 4110 q. .� h $YMY ./ N h' :.. 4i .. as "it a+�d= A YW �F. eK,x 4S x . tl r Y No teml)oraiv ii� -,- 'u «-ill he located ,,, , within the vision . clearance triangle. ` :. -Shalee Y� r a Q: , _____ 3v