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TUP2020-00006 NOTICE OF TYPE I DECISION TEMPORARY USE PERMIT TUP2020-00006 11111 HOMESTEAD STEAKS TIGARD 120 DAYS = November 7, 2020 SECTION I. APPLICATION SUMMARY FILE NAME: Homestead Steaks CASE NO.: Temporary Use Permit(TUP) TUP2020-00006 PROPOSAL: The applicant is requesting a temporary use permit for a sales event between July 15, 2020 and August 13, 2020. Activities will take place within a temporary 400- square-foot tent located in the Washington Square Mall parking lot.The applicant will also have a 26-foot refrigerated truck parked on site. APPLICANT: Homestead Steaks Attn:Corey Gatlin 1715 S.Madison Avenue,Suite H Webb City,MO 64870 OWNER: PPR WASHINGTON SQUARE,LLC The Macerich Company Attn:Maria Halstead 9302 SW Washington Square Road Tigard, OR 97223 LOCATION: 9585 SW Washington Square Road;WCTM 1S126,Tax Lot 300 BASE ZONE: MUC: Mixed-Use Commercial Zone APPLICABLE REVIEW CRITERIA: Community Development Code (CDC) Chapter 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.The findings and conclusions on which the decision is based are noted in Section W. THIS APPROVAL IS VALID FROM JULY 15,2020 TO AUGUST 13,2020 TUP2020-00006 Homestead Steaks 1 SECTION III. BACKGROUND INFORMATION Site Information: The proposed temporary use will be located in the parking lot at Washington Square Mall (9585 SW Washington Square Road;WCTM 1S126, Tax Lot 300); south of SW Hall Boulevard, east of Highway 217, and west of SW Greenburg Road. The property is located on a 46.24-acre tax lot (WCTM 1S126, Tax Lot 300),and is part of the larger Washington Square shopping center.The property is located in the Mixed Use Commercial (MUC) Zone, and the Washington Square Regional Center Plan District. 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: 3. Use associated with festivals or celebrations or special events; The proposed temporary use is associated with the sale of goods for a specific activity; 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 sales event will take place only once this calendar year. Additionally, the use will occur between July 15, 2020 and August 13, 2020, 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 sales-oriented retail use,which is allowed in the MUC 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; In February 2019, the City of Tigard Planning Division determined that the minimum off-street parking requirement for all existing uses at the Washington Square shopping center was 4,268 spaces (Case No. MMD2019-00003).Additionally,city staff determined there was adequate parking at the shopping center, with 7,005 spaces provided. No subsequent modifications have been made to the subject site that would impact vehicle parking calculations. TUP2020-00006 Homestead Steaks 2 The proposed temporary sales event requires two (2) parking spaces (3.0 spaces for every 1,000 square feet of floor area for a sales-oriented retail use),and the proposed tent and 26-foot refrigerated truck will occupy an additional 18 spaces in the parking lot.Accordingly,the new total minimum off-street parking requirement for the shopping center is 4,270 spaces,and there is adequate parking provided on site,with 6,987 spaces remaining.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 proposed temporary sales event, 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 Final Decision: A temporary use permit 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 13, 2020, AND BECOMES EFFECTIVE ON JULY 14, 2020. Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov. July 13.2020 APPROVED BY: Lina Smith,Assistant Planner Community Development Director's Designee TUP2020-00006 I Iomestead Steaks 3 APPROVED LinaCS , 12:14:40, 07/13/2020 Osocw..e....w.0 Icos.cuxn+re.A036mec.w100. _ Itli" �% 0 if EfHs� w g�11'erwr.wo.a.ow� sr (1— �MMNv .s www...rs�. . ppE ali Ida� .] keyer >ii 7 - ( no,p .r loop I 1-177'4'.111111111111) li ,V It* liiMcd• Wm Ma**C.102011 Roo 101212121121 ( -on+7,,,,,,,,,,,mmemi i Imo . IIOfAMIT-------'----- r Ir�'*4t 116/1 141t 20201112211 122212114124,4414,14444261215121 Woven 'mar loal 1gTACAR7,, AwwxlwwxwrwTwxwMp +nw.. P ;` Location 0 tlOn#1 I � a 11 4 * a v J { °Lo Option# 11 ws uiwlip v a / 3 °1"""O""1 Location ftv � -J III l C t -" YMiwxxna».nxsn - .__1 Ell . ^_ 1 143RDS 74.,,s}t, i _ ,,), I ... .......... .... ri -I)1 IMMINIMINIINION illim n 6.W.8tli0LL6 FERRY ROM ��•' --J�._.-"� SITE PLAN HWY.217 E I a Z ... * ...,i ,,012•101‘1110,; 0 I f \ 201 2.0 ....., +♦ F"" - die or �'` .--�� Air,, ?«, f xu C. 14. MI iul►#ICI.r ,..�. ,�.�.....,...w«,.7 .� ... e M■ t • '..1= i NIII P T 4 t B' M APPLICANT MATERIALS RECEIVERk" 4_ 1/4 JUL 0 9 2020 J ammoCITY OF TIGARD Case# A2620 City of Tigard PLANNING/ENGINEERING �00(� s el (.O\1\tUNITI I)I?VI:Lt)P!�IENT DI PARTTM ENT TIGARLJ, Master Land Use Application LAND USE APPLICATION TYPE ❑ 1cctscory Dwelling Unit(AIX) 0 \1edificatinnt _ Type I Type II ❑ \diustment 0 Planned Development: ❑ Annexation ' Consolidated Plan ❑ Comprehensive Plan Map Arnertd eni Concept Plan ❑ Crmditir.nial Use • Detailed Plan ❑ 1)r wntrwrn 13evelopment Review: 0 Sensitive Lands Review: Type 1 _ l ype Il _ Type I _ J pe II _ Type III .1djusmxw 0 Site Development Review: . 'Type 1 _ Type II ❑ Mime Occupation - Type II 0 Subdivision ❑ Land Partitnm IS Tempnrary Use Permit ❑ Ian lane Adjustment/lnr(:rnis+rlidarinn 0 Urban Forestry Plan: ❑ Minivana bacdlr,' Permit .. \Inditiurnm • . Discretionary Review ❑ \Lsccllanerxts: 0 /.unrng Map Amendment Type II Type III PROJECT INM4'U�S italed Protect name: Hnet .scnptuxl of pnneer:. • I i1 Da _ 1 1r6 I, I S gm,C It or i(101 6-- illifit 1k,- SITE INFORMATION I.kcah,nI (Addressdress i II available). 'ices- ` tO k /�Q ib,, i 1.(___ Tax map and tax lot numbers)' ,�/] Site size: ',one: APPLIC.;AN'T INFORMATION .1)tV/164 .1.4:01A - Mail ng n dr i 5 S • }/1i�+stir-Pot Ste (:rn/slate: LY it tvLip: 4Q70 pi.... 70-7A3 • S233— tartan. Val rbkritv,i i \pphcant'c II 4representatn•r: Y A[►"'r(` /� Phone: 74 513s Email: \Ibit 4h! Fa r+� l o(A4, City of Tigard • 13125 RC I tall Blvd • Tigard,Or gnn')7225 • u u-u.rtgnrd-r+rgnv • 5(I3-71R-24 I • Page 1 of 2 PROPERTY OWNER INFORMATION ❑Same as applicant (Attach list for O additional A ers) 1 Mailing address: \5gS \L` Goy SfAte: ( +Tip9 1 l✓ - Phone: 933 Q �Cl�J- l Y1MJCI A .V wLS r7r` a[ttti„, SUBMITTAL REQUIREMENTS In addition to this application form,you must submit all required items listed in Subsection 18.710.030.0 of Tigard's("immunity Development Code. if you arc unsure what is required with your application,please contact the planner nn duty at S03.718-2421 or yy+ardpiannen nduryii7 tp'ar.l n. I certify that I am the property owner or I am diRible to initiate this application,as provided in the Tigard Community Development Code. To the hest of my knowledge,all the information provided within this application - is roe. C,b Dttoi- 'rn 71 7 20 .1ppTiccant's. • nice' Print na ncLi Dare K '7I7 /tAZI Property owner's signature Punt name Datc Property owner's signature' Print nano Date 'The owner must sign this application or submit a separate written authorization when the owner and applicant are different people. Case No.: fee: /� , nReceived by: Date: Related Case(s): Determined complete by: /iY Date: /d '2'� City of T igarid • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-nr.gov • 5411-71 it-2421 • Page 2 of 2 18.440.030 Times of Temporary Used A. Seasonal or special c+cut. 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: 2. Use associated with the sale of fresh fruits,produce, and flowers, including seasonal markets by a chartered public service or non-profit organization that may offer additional products and services as provided in the organization's"market rules and policies"such as landscaping plants,prepared food,animal products.and art or handcrafts assembled by the vendor: 3 Use associated with festivals or celebrations or special even*We believe we are a special 1.rcii( \\G +till he h��i is this ticnt at th. A1a,hu41011 Square Mall parking lot for up to 30 das s 4. Seasonal activities such as the sale of food at sports events or activities; 5. Use associated with construction such as the storage of equipment during the construction of roads or development, but not a temporary sales office or model home as provided by this chapter:and 6. Temporary fund raising and other civic activities in commercial zones. 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:We ++ill be at the Washington Square Mall for up to 30 days We s'ill only do this Clem once per year 2. The use is allowed in the applicable base zone;We will be in the Washington Square parking lot, please see sue map and aerial vies+ of our sale 3. The applicant has proof of the property owner's permission to place the use on the property;We R ill have a lease with the Macench mall for this event This lease is currently being drafted bs Kati la Waldron with the mall and I can send a copy as soon as she has it complete If you need to speak with her. her contact number is 503-639400,5 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: Please see aenal map provided 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: Please see atrial map pros tided None of the beloss criteria applies to us Homestead Steaks, LLC event at Washington Square Mall We will have a 20 x 20 tent and a 26 ft reefer truck to keep product frozen. We will be selling prepackaged frozen USDA food, Our truck's temperature is controlled and monitored by a built in thermometer. We will take up approximately 10-12 parking spaces. Due to us being in a parking lot, there will be plenty of customer parking surrounding us. There will be no sampling or seating of any kind. We will use no electricity or water. Lina Smith From: Valarie Rohr <valrohr@gmail.com> Sent: Monday, July 13, 2020 9:09 AM To: Lina Smith Subject: Re: Homestead Steaks revised application Caution!This message was sent from outside your organization. Allow sender I Block sender The dates are 7/15 through 8/13... so 3o days. We will only have one location... there will only be one truck and one tent-one sale. The mall was just marking two spots to choose from On Fri,Jul 10, 2020 at 6:57 PM Lina Smith<LinaCS@tigard-or.gov>wrote: Hi Valarie, I'm reviewing this application. Your site plan shows 2 locations in the Washington Square parking lot—can you please clarify?Are you going to have 2 tents and 2 trucks at the same time? Also, what are the exact dates you're requesting the permit for?The permit is only valid for 30 calendar days, and you can only have 1 event per year. Thanks, Lina Smith 2 Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard,OR 97223 E-mail: LinaCS@tigard-or.gov From:Valarie Rohr<valrohr@gmail.com> Sent:Thursday,July 9, 2020 9:21 AM To:Samuel Copelan<samuelc@tigard-or.gov>; #CD PoD<CDPoD(a)tigard-or.gov> Subject: Homestead Steaks revised application 1 Valarie Rohr-- Executive Assistant 1715 S. Madison Ave. Ste. H Webb City, MO 6487o 417-793-5235 (Cell) l DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e- mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." Valarie Rohr-- Executive Assistant 1715 S. Madison Ave. Ste. H Webb City, MO 6487o 417-793-5235 (Cell) 2