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TUP2020-00002 NOTICE OF TYPE I DECISION TEMPORARY USE PERMIT TUP2020-00002 TNT FIREWORKS TIGARD SECTION I. APPLICATION SUMMARY FILE NAME: TNT FIREWORKS CASE NO.: Temporary Use Permit(TUP) TUP2020-00002 PROPOSAL: The applicant is requesting a Temporary Use Permit for fireworks sales between June 23, 2020 to July 6, 2020. Fireworks sales will take place within a temporary 1,500-square-foot tent located near the northwest entrance of the Walmart parking lot The proposed temporary use will occupy ten parking spaces at the subject tax lot. APPLICANT: TNT Fireworks Attn: Gina Chaddock PO Box 836 Clackamas,OR 97015 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 18.110 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 TUP2020-00002. 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),675 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, 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-G zone. This standard is met. 3. The applicant has proof of the property owner's permission to place the use on the property; TUP2020-00002. TNT FIREWORKS PAGE 2 OF 3 ' The application included the property owners 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 Minor Modification from 2018 (MMD2018-00030) shows that 679 parking spaces were provided on site and that 600 parking spaces are required for the site's minimum parking requirement. A parking lot modification from 2020 (MMD2020-00013) reduced the number of parking spaces on site by four, bringing the total number of parking spaces from 679 to 675. As of the most recent modification, 75 parking spaces are provided in addition to the minimum parking spaces required. Approximately ten (10) parking spaces will be occupied for the temporary sale of fireworks, leaving 65 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 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 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. E. IN --NM THIS DECISION IS FINAL ON APRIL 15TH, 2020. AND BECOMES EFFECTIVE ON APRIL 16TH, 2020. Questions: If you have any questions,please contact Samuel Copelan at (503) 718-2450 or SamuelCna,tigard-or.gov. April 15th, 2020 APPROVED BY: Samuel Copelan Assistant Planner TUP2020-00002. TNT FIREWORKS PAGE 3 OF 3 ORE1656 ,r-, _ 30'x50' Tent t '1 Walmart#5935 7600 SW Dartmouth St 1/4 - - — - Tigard, OR 97223 twill "" 1 J. Y b 4 b4 r� b t e t l i L :� w l� ._.., _ I — fiID Ii 4 \\\\\\\�\\\\\\\ __ _=_I \\ M - r--. -� — - C. A I r ;--vim — I .4 l -- i 1 I d1 i •_ I — •, b 4 LE • i - 9 -o ,,. o I timil ` llllllI� III • • IlIIIIIIIII I _ — _ cv `= I ,%lll 1111 !" - is8 4 - _ 1 %ttN.N7., ,..,, : b 4 _ 9 — t� 1 1 I I II —4"or -"ACV. { L s ��Wp `r / T - n ., ��y (fie 4 -- 40'+ APPROVED samuelc , 16:40:24,04/15/2020 1 1 -- odn o *See tent layout for exits rho e. a -" *No parking within 20'of tent or generator *City of Tigard: appox. 10 parking spots Rep: Ron Attaway _ t c, occupied * use 1_ : •.*•. /gym, � p•A'44 - - I +4, !„�"' by tent TNT< 4 - -40) ,r RECEIVE City ofTigard APR O 2020 Case #: 1 PO2�--())a)2- i L a COMMUNITY DEVELOPiV�NNT rIGARD Master Land Use Application ORE1656 LAND USE APPLICATION TYPE ❑ Accessory Dwelling Unit(ADU) ❑ Modification: D Type I ❑ Type I I ❑ Adjustment 0 Planned Development: ❑ Annexation ❑ Consolidated Plan ❑ Comprehensive Plan Map Amendment ❑ Concept Plan ❑ Conditional Use D Detailed Plan ❑ Downtown Design Review: ❑ Sensitive Lands Review: ❑ Track 1 0 Track 2 ❑Track 3 D Type I ❑ Type II O Type III ❑ Home Occupation—Type II 0 Site Development Review: O Type I D Type II ❑ Land Partition 0 Subdivision 0 Lot Line Adjustment/Lot Consolidation (RJ "Temporary Use Permit O Marijuana Facility Permit 0 Urban Forestry Plan: El Miscellaneous: ❑ Modification ❑ Discretionary Review D Type II O Type III 0 Zoning Map Amendment PROJECT INFORMATION Project name: TNT Fireworks Brief description of project: Retail sales of consumer fireworks at the Walmart's parking lot with a 30'x 50' framed tent for the 4th of July season from 6/23/20 and 7/6/20. rfrJJ4 i.I± 'a J TU P a,n d iA)i i I not he, in�h2 li cs rorl - 1/re ainC,t, — rza,n?lee &ee lits* SITE INFORMATION Location (address if available): 7600 SW Dartmouth St, Tigard, OR 97223 Tax map and tax lot number(s): 2S 101 BA, Tax Lot 101, 500 & 600 Site size: Zone: C-G APPLICANT INFORMATION Name: Gina Chaddock (tent operator) Mailing address: PO Box 836 City/State: Clackamas. OR Zip: 97015 Phone: 503-330-1633 Email: Applicant's representative: Shane L aron Phone: 503-653-9655 Email: LaronS@tntfireworks.com City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of2 PROPERTY OWNER INFORMATION 0 Same as applicant ORE1656 (Attach list for additional owners) Name: Walmart Services Mailing address: 702 SW 8th Street _City/State: Bentonvile, AR Zip: 72712 _ Phone: 479-273-4298 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 tiggardplanneronduty@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. ji Shanee Laron p(p'/Zozo Applicant's signature* Print name Date *see attached permission letter* Property owner'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. rye'\ STAFF USE ONLY Case No.:1 20? -(-)OcoZ Application fee: 'O(p Received by: Date: 4 - Related Case(s): Determined complete by: Date: City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of2 Walmart 702 SW 8' ct. Bentonville_,AR 72712 Phone 479.273.4298 Kyle.Thurman@walmart.com September 5, 2019 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 261h, 2019 through and including January 10th, 2020. • June 12th, 2020 through and including July 12th, 2020 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 sate 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 Walmart Services at 700-925-6278 — IVR Prompt Fireworks. Best Rega ds, hurm`an Walmart Services A A A <, I „4 A it 4 ORE1656 30'x50'Tent 4t ',twit Walmart 45935 • 7600 SW Dartmouth 51 Tigard, OR 97223 1.11111111 ° • r , , ,•.•:r . if ;FA 4 Y IC el, --------7 6 6 r........., •,,,r. 4 t ,, i t...'1‘° ° ..., , -4"4:: t t I — _2: I • I [----- ms x. \•T 1, s..A.- , 1 --J — r , — 'I 17——- '.' 4.;74' _j. I - *: ) - '1"., ,_:___ 1i -- I _ I I ,co LIS 1—.•-- , , i ''''. i imioffill v ''. I Mimi( iim 500'+ ium - wr 'minim 1 .., faSI Iff 4_ , I 1 4 . - _ ___ _ Ex•--- % .s, *s l'I r.7`. — _- . \ \ ... • ' I — . * ...,...,_ ' ( -------- i , 4 ___I 1 , ,,,_ III HE . --r, t-,1, le 1 _ I , 'N,,,:1) -. -. .. .. i .- _ 1%,.>.....„ _eh. -.....„ , ___ 1 / 40 F+ , I I i a It. AT s l't, .... .. ,,,,-, .,, me*See tent layout for exits Rep: Ron Attaway ' *No parking within 20' of tent or generator - . A 3 1; 4 ORE1656 -4 '� �- '''' 30'x50'Tent Rs ialt + Walmart#5935 " 7600 SW Dartmouth St Tigard,OR 97223 .11111 \ y p ,T ' A t ,/ _tea, Y §\ _ - f _ ,j— s 1c....."77,, ''' -1_ 47: �a _j• Th w — — Z q L . _ —s.,__-. �. airy ill +� lmamuu i inauit Soo'+ nuEfunl I. or ■+tmmnt� . .. s 80 ta aIF �� 3 t - rr. ir 4 a e, a —ter. 4 s�ppyy.�,, , ,.:»s: ,,. - ./ : E„ „- clihOUfh `"ff,„'d'ex.�P-+... 'rd& xv , * .'z' ` .. at, *k ,dy . *See tent layout for exits Rep: Ron Attaway t *No parking within 20' of tent or generator ;, .,. ;,1'ti'. .fir, -+ - t 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 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 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). 40440,4,6 .,. 'flOtith Icti? Iliest . . , . .., , - . , . - t , , ,,-.,.. . = ... ...- ' :• - .• , _ i i ; i er, 4f!k•Prol 1411* . . . . ; ,1111L. . 1 .. , - _,, • • 1 l / 1 / OTTomiliirs,7000tri; ' No tempor., .:u located within the visio clearance triangle - Shanee