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TUP2020-00003 NOTICE OF TYPE I DECISION TEMPORARY USE PERMIT TUP2020-00003 111 -09 TNT FIREWORKS TIGARD SECTION I. APPLICATION SUMMARY FILE NAME: TNT FIREWORKS CASE NO.: Temporary Use Permit(TUP) TUP2020-00003 PROPOSAL: The applicant is requesting a Temporary Use Permit for fireworks sales between June 23, 2020 and July 6,2020. Fireworks sales will take place within a temporary 1,500-square-foot tent located near the southern entrance of the Fred Meyer parking lot and will occupy approximately ten (10) parking spaces. APPLICANT: Roy Culver PO Box 836 Clackamas,OR 97015 OWNER: Fred Meyer Stores,Inc. Attn: Don Forrest P.O.Box 42121 Portland, OR 97242 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: 11565 SW Pacific Highway;WCTM 1S136DB,Tax Lot 201 APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.410 and 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 23,2020 TO JULY 6,2020 TUP2020-00003 TNT FIREWORKS PAGE 1 OF 4 SECTION III. BACKGROUND INFORMATION Site Information: The project is located on the north side of SW Pacific Highway;west of SW 71 s`Avenue,and east of SW 74th Avenue. The proposed temporary use will be located at 11565 SW Pacific Highway (WCTM 1S136DB, Tax Lot 201). Tax Lot 201 and the two (2) adjacent properties (WCTM 1S136AC,Tax Lots 3400 and 3402) are part of an existing retail center. All three (3) properties are owned by Fred Meyer Stores, Inc., and the development incudes the main Fred Meyer store, smaller multi-tenant commercial buildings,an on-site parking lot,and associated landscaping.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 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. This criterion is met. 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 allowed by right 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; The application included the property owner's written authorization to place the proposed temporary use on the subject property.This standard is met. TUP2020-00003 TNT FIREWORKS PAGE 2 OF 4 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 Minor Modification from 2011 (MMD2011-00013) shows that 556 parking spaces are provided. The following parking count was conducted in accordance with CDC 18.410 to ensure that the minimum parking requirements for all uses on site would still be met even with the proposed temporary use. Use Category Square Minimum Parking Parkingr Percentage Parking Footage Ratio Required Required Required Sales-Oriented 3.0/1,000 square feet, Retail 161,109 but not less than 4 483.33 100% 483.33 Motor Vehicle 2.0/1,000 square feet, Servicng/Repairs 6,300 but not less than 4 12.6 85% 10.71 Personal Services 2,100 2.5/1,000 square feet 5.25 70% 3.68 Net Parking Total 497.72 Required Parking 498 556 Provided (MMD2011- Parking 00013) TUP Occupied Parking 10 Parking Surplus 48 Staff finds that 498 parking parking spaces are required and that 556 on-site parking spaces are provided. The on-site parking surplus without the temporary use is 58 parking spaces. The temporary use will occupy approximately ten (10) of the vacant parking spaces, creating a parking surplus of 48 on-site parking spaces. 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 southern entrance of the Fred Meyer 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. TUP2020-00003 TNT FIREWORKS PAGE 3 OF 4 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 16`H, 2020. AND BECOMES EFFECTIVE ON APRIL 17TH, 2020. Questions: If you have any questions,please contact Samuel Copelan at (503) 718-2450 or SamuelC(a,tigard-or.gov. 141/ (41. Ct9PabfiL April 16th,2020 APPROVED BY: Samuel Copelan Assistant Planner TUP2020-00003 TNT FIREWORKS PAGE 4 OF 4 • RECEIVED City of Tigard APR 0g2020 case #: '�l)h'2 CX lillr CITY OF TIGARD a COMMUNITY DFVELQ} ^aMNaftsanNISf1 T,GARD Master Land Use Application ORE1650 LAND USE APPLICATION TYPE ❑ Accessory Dwelling Unit(ADU) ❑ Modification: O Type I El Type II 0 Adjustment ❑ Planned Development: ❑ Annexation O Consolidated Plan O Comprehensive Plan Map Amendment O Concept Plan O Conditional Use O Detailed Plan ❑ Downtown Design Review: 0 Sensitive Lands Review: O Track 1 0 Track 2 0 Track 3 O Type I O Type II O Type III ❑ Home Occupation—Type II 0 Site Development Review: O Type I O Type II ❑ Land Partition 0 Subdivision O Lot Line Adjustment/Lot Consolidation ® Temporary Use Permit ❑ Marijuana Facility Permit 0 Urban Forestry Plan: ❑ Miscellaneous: O Modification O Discretionary Review O Type II D Type III ❑ Zoning Map Amendment PROJECT INFORMATION Project name: TNT Fireworks Brief description of project: Retail sales of consumer fireworks at the Fred Meyer's parking lot with a 30' x 50' framed tent for the 4th of July season from 6/23/20 and 7/6/20. lAl'Illine 10-1 OCCu tcd bl TUP ctn&( wi I ( notIn O ISl On G c CU-CA.4A C.P_ Tr1a ci I e G (CM+ pa ao) , SITE INFORMATION Location (address if available): 11565 SW Pacific Hwy, Tigard, OR 97223 Tax map and tax lot number(s): 1S136DB Tax lot 201 / 1S136AG-Tax Iotr34O15 &3402' b5 20 Site size: Zone: APPLICANT INFORMATION Name: Roy Culver(tent operator) Mailing address: PO Box 836 City/State: Clackamas. OR Zip: 97015 Phone: 503-476-5864 Email: Applicant's representative: Shanee Laron 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 ❑ Same as applicant (Attach list for additional owners) Name: Fred Meyer Stores,Inc. Mailing address: PO Box 42121 _City/State: Portland , OR Zip: 97242 _ Phone: 503-232-8844 Email: don.forrest@kroger.com 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 tigardplannerondutyQtigard-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. "1'o the best of my knowledge,all the information provided within this application package is complete and accurate. AL G Shanee Laron Applicant's signature* Print name Date *see attached lease agreement* Don Forrest 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. .�, ,,n —WOO ��y STAFF USE ONLY fit' � C/ Case No�p!/V —Vl1W 1 Application fee: Received by: r I Date: 0 Related Case(s) Determined complete by Date: Ilia . City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2of2 What's on your list today? You'll find it at Fred Meyer FRED M EYER STORES—P.O.Box 42121,Portland,OR 97242-0121—3800 SE 22nd Ave,Portland,OR 97202-2999—www.fredmever.com February 24, 2020 Mr. Kenneth Spence Director of Leasing American Promotional Events Dba TNT Fireworks 2120 Milwaukee Way Tacoma,WA 98421 RE: 2020 TNT Fireworks Locations Dear Ken: This letter is to inform you QFC/Fred Meyer Stores grants permission for TNT Fireworks to locate a fireworks stand/tent at the following QFC/Fred Meyer locations for the 2020 fireworks season. Please see the attached for specific locations throughout Oregon, Washington, and Idaho. Should you have any questions please feel free to contact Tanya Phelps at tphelps@1045.inc.com. Since 1y, 1 !� Liz Harpole I orporate Real Estate 65 Tejon Street I Denver,Colorado 80223 Office Phone: 303.778.3343 I Cell Phone: 720.635.5730 liz.harpole@kingsoopers.com cc: Tanya Phelps Don Forrest [Type here] FRED MEYER LOCATIONS 2020 Location# LOCATION ID STORE# ADDRESS CITY ORE0003 FRED MEYER INC-TK 377 2500 N MAIN TILLAMOOK ORE0006 FRED MEYER INC-NC 218 695 HWY 101 WARRENTON ORE0009 FRED MEYER INC-NG 220 US 99W&SPRINGBROOK NEWBERG ORE0011 FRED MEYER INC-SP 462 51501 S COLUMBIA RIVER HWY SCAPPOOSE ORE1053 FRED MEYER INC 660 22855 NE PARK AVE WOOD VILLAGE ORE1150 FRED MEYER INC-JC 153 8955 SE 82nd AVE PORTLAND ORE1151 FRED MEYER INC-HY 600 3030 NE WEIDLER PORTLAND ORE1152 FRED MEYER INC-GL 125 6615 NE GLISAN PORTLAND ORE1153 FRED MEYER INC-PN 255 6850 N LOMBARD PORTLAND ORE1156 FRED MEYER INC- DN 75 14700 SE DIVISION PORTLAND 0RE1158 FRED MEYER INC- GY 128 1111 NE 102ND ST PORTLAND ORE1159 FRED MEYER INC-RH 285 7700 BEAVERTON-HILLDALE HWY PORTLAND ORE1250 FRED MEYER INC-GR 127 2497 E BURNSIDE AVE GRESHAM ORE1450 FRED MEYER INC-WR 482 15995 SW WALKER RD BEAVERTON ORE1452 FRED MEYER INC-BT 35 11425 SW BEAVERTON-HILLSDALE BEAVERTON ORE1650 FRED MEYER INC-TI 375 11565 PACIFIC HWY TIGARD ORE1651 FRED MEYER INC-TU 393 19200 SW MARTINAZZI TUALATIN ORE1753 FRED MEYER INC-HL 143 23105 SW TUALATIN VALLEY HWY HILLSBORO ORE1760 FRED MEYER INC 661 2075 NE IMBRIE DR HILLSBORO ORE1850 FRED MEYER INC-CN 60 2200 BASELINE ST CORNELIUS ORE2050 FRED MEYER INC-CK 63 16301 SE 82ND DR CLACKAMAS ORE2052 FRED MEYER INC-OR 242 1839 MOLALLA AVE OREGON CITY ORE2053 FRED MEYER INC-OG 240 14700 SE MCLOUGHLIN BLVD MILWAUKIE ORE2062 FRED MEYER INC 663 16625 362ND AVE SANDY ORE2551 FRED MEYER INC-NS 225 2855 BROADWAY NE SALEM ORE2552 FRED MEYER INC- ES 90 3740 MARKET NE SALEM ORE2950 FRED MEYER INC-AB 5 2500 SANTIAM HWY ALBANY ORE3351 FRED MEYER INC-WE 417 3333 WEST 11TH EUGENE ORE4750 FRED MEYER INC-NT 227 150 NE 20TH NEWPORT ORE5016 FRED MEYER INC-CB 50 1020 S FIRST COOS BAY ORE5027 FRED MEYER INC-RG 281 929 NW GARDEN VALLEY BLVD ROSEBURG ORE7506 FRED MEYER INC-BD 21 61535 S HWY 97 BEND ORE7511 FRED MEYER INC-KF 165 2655 SHASTA WAY KLAMATH FALLS ORE7517 FRED MEYER INC-AV 650 944 SW 9th ST. REDMOND SITE DIAGRAM Location Name: Fred Meyer - TI Location #: ORE1650 Site Address: 11565 SW Pacific Hwy Ordinance: TVF&R City, State, Zip: Tigard, OR 97223 Structure Type & Size: Tent 30' x 50' Cross Streets: and Structure Faces; 50'parallels Pacific Hwy Show all setback from structures pas fire lanes public and private roads .rope lines trees and landmarks r— .-- - 3, . 13 QI .. fl 0, . A n Y r' S (�,.10 G ase Bank DM0r a m ' + «a �=s. • 10 ,„ 1.:„__ , ,. . ''' $ .; e �oa�+ iy • ► 4 +�s Y.ta"R f R. MAn '+Mtn K i 1 ' F P 4 # •"`' m b '� Portia —:' .... ,- and 0 a. fin` §i i s f 1 : s , Notes See tent layout for exits No parking within 20' of tent Sales Rep: Ron Attawav SITE DIAGRAM 1 Location Name: Fred Meyer - TI Location #: ORE1650 Site Address: 11565 SW Pacific Hwy Ordinance: TVF&R City, State, Zip: Tigard, OR 97223 Structure Type & Size: Tent 30' x 50' Cross Streets: and Structure Faces; 50'parallels Pacific Hwy Show all setback from structures .as fire lanes •ublic and 'private roads .ro.- lines trees and landmarks 1 C ase Bank - m �� ix !� ` x �..yr yak e`v'e.�i�.,...::, x� ,.,x�' arunm� .r JP or 0.9t " - a:,f _. nr " `I a- 0. P S . a;M C e . .01001 c -;#At fi ti. ate,, :,. 4 i • C 4Itar a rj. J` 'R, } and 0 a. . Portia o 1 Y Notes See tent layout for exits No parking within 20' of tent 4. Sales Rep: Ron Attawav City of Tigard 13125 SW Ha11 Blvd Tigard, OR 97223 Purposed Use and Information Sheet Temporary Sales Site: Fred Meyers - TI 11565 SW Pacific HWy 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 Roy Culver 24hr phone: 503-476-5864 City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Purposed Use and Information Sheet Temporary Sales Site: Fred Meyers - TI 11565 SW Pacific HWy 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 6". Operator Name and Phone Number Roy Culver 24hr phone: 503-476-5864 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). ... . . I --- — ... „ 3 0 , ), .. . . l INA . . . ' • • i. :L., . ' ''' 1 - ,' ' rip •'14;@-)Ot '`-,'' - ., . . , jjArorianiPsi , g . A, r--- , * . t . , . 0. or-!- • , ,. , . „ !!! tr'.. ;1 , i 1 7i/P'' i ,i t , ii•-•'•-•c! i s , a • 'LL- • --: . , . , ,. . till IN' AIL s 4... . , ,x.,1,,,„.... , ... .. .. , ...,.--,:.' I I, ! . . - 1 ..,-..• = .itits , 3,0,,:'.'1,e' , :::.'-'•::::,:',:: . •.,... , : Cr. 'star frz• ;; "•-•" „0,-;;,,,ir.:. ;!vr• ..„- ; !km ;.,!,, , .4., 0, .-- ;. ; • Ar•-;;;'' •:.. „ ; .., . .. ..-... .; .. . , ..' r „ .. . . ,.- - '' , • .:.• „, , .-.. ),'00 V•„;..,..,,,..7: •; '2.:'.:'' ,.,.;*..SIA n.:'':;'..: '... , 7 .,''', ..''''. W • ' i ' 4 X '......:'' \ IF ,. :L '''''''.'4- ' '''' .'. '. ° :!;;:t No temporary use will ' porti . , •;•'4.•-:;.-J.,n * ; 4, 'be located within the and ' ... .-; ,, • - , ; ;;' .-; • ) vision clearance triangle 01 '1......,...,:„...-Shanee ..: # . ,..- -.. - , , .,....,... , .,.... • il,„,- i 1 -... , r.. , ,,