TUP2016-00019 NOTICE OF TYPE I DECISION
TEMPORARY USE PERMIT TUP2016-00019 11111
TNT FIREWORKS SALES TIGARD
SECTION I. APPLICATION SUMMARY
FILE NAME: TNT FIREWORKS SALES
CASE NO.: Temporary Use Permit(TUP) TUP2016-00019
PROPOSAL: The applicant is requesting a Temporary Use Permit for fireworks sales between
June 23, 2016 and July 6, 2016. Fireworks sales will take place within a
temporary 30' by 50' tent in the Fred Meyer parking lot, located at 11565 SW
Pacific Highway.
APPLICANT: Tigard Church of God OWNER: Fred Meyer Stores,Inc.
dba:TNT Fireworks Attn:Robert Currey-Wilson
Atm: Roy Culver P.O.Box 42121
15670 SW 98th Avenue Portland,OR 97242
Tigard,OR 97224
ZONING: C-G: General Commercial District. The C-G zoning district is designed to
accommodate a full range of retail, office and civic uses with a city-wide and
even regional trade area. Except where nonconforming, residential uses are
limited to single-family residences which are located on the same site as a
permitted use. 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 permitted conditionally.
LOCATION: 11565 SW Pacific Highway; WCTM 1S136DB, Tax Lot 201, and WCTM
1S136AC,Tax Lots 3400 and 3402.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapter 18.785
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, subject to certain conditions of approval.
The findings and conclusions on which the decision is based are noted in Section IV.
CONDITIONS OF APPROVAL
PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
1. There shall be a maximum of one (1) temporary sign permitted on the site. A sign permit shall be
required for the temporary sign. The total area of a temporary sign shall not exceed 24 square feet.
TUP2016-00019 TNT FIREWORKS SALES PAGE 1 OF 3
Temporary banner signs shall not exceed 24 square feet.Temporary A-frame signs shall not exceed
12 square feet per face (IDC 18.780.100). STAFF CONTACT: Planner on Duty(503) 718-2421.
2. No advertising or display of products shall be permitted to be located in,or project into,the right-
of-way or the clear vision area of each access (a clear vision area shall be a triangle whose base
extends 30 feet along the street right-of-way line in both directions from the centerline of the
accessway and 30 feet back from the property line).
3. The temporary use of this site shall comply with all applicable Federal and State of Oregon
standards regarding designated disabled person parking and access. A minimum of one (1) signed
and marked disabled parking space shall be provided. STAFF CONTACT: Mark Van Domelen,
Building Official (503) 718-2448.
4. Applicant shall obtain all necessary electrical permits. STAFF CONTACT: Building Division (503)
718-2439.
THIS APPROVAL SHALL BE VALID
JUNE 23,2016 TO JULY 6,2016
SECTION III. BACKGROUND INFORMATION
Site and Vicinity Information:
The project is located at 11565 SW Pacific Highway; north of SW Pacific Highway, south of SW Spruce
Street,east of SW 74th Avenue, and west of SW 7151 Avenue. The approximately 10-acre development site
is made up of three tax lots, the main Fred Meyer store (approximately 143,000 square feet), a smaller
multi-tenant commercial building (approximately 15,000 square feet), 556 parking spaces, and associated
landscaping. The site is zoned General Commercial (C-G),as are adjacent properties to the south and east;
adjacent properties to the north are zoned Professional/Administrative Commercial (C-P); and adjacent
properties to the west are zoned Low-Density Residential (R-4.5).
Proposal Description:
The applicant is requesting a Temporary Use Permit for fireworks sales between June 23, 2016 and July
6, 2016. Fireworks sales will take place within a temporary 30' by 50' tent located in the southeast
corner of the Fred Meyer parking lot,at 11565 SW Pacific Highway.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
TEMPORARY USE PERMIT:
Tigard Development Code Section 18.785.040.A allows the Director to approve or approve with
conditions,based on findings that all of the following criteria are satisfied:
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 6.
The proposed temporary fireworks sales will take place only once this calendar year. Additionally, the
use will occur between June 23, 2016 and July 6, 2016,which is a period less than 30 consecutive days.
This criterion is met.
2. The use is permitted in the underlying zoning district.
Temporary fireworks sales are considered a sales-oriented retail use, which is permitted in the C-G
zone. This criterion is met.
3. The applicant has proof of the property-owner's permission to place the use on his/her
property;
The application included the property owner's written authorization.This criterion is met.
TUP2016-00019 TNT FIREWORKS SALES PAGE 2 OF 3
4. There will be no parking utilized by the customers and employees of the temporary use
which is needed by the property owner to meet his/her minimum parking requirement, as
governed by Chapter 18.765, Parking and Loading.
Staff reviewed the applicant's submitted site plan and other materials to determine that customers and
employees associated with this temporary use will not utilise any of the parking spaces necessary for
Fred Meyer to meet minimum parking requirement.This criterion is met.
5. The use will provide adequate vision clearance, as governed by Chapter 18.795, and shall
not obstruct pedestrian access on public rights-of-way.
The submitted site plan shows a temporary 1,500-square-foot (30' by 50') tent located in the southeast
corner of the Fred Meyer parking lot, adjacent to the main entrance off SW Pacific Highway. The
proposed temporary fireworks sales will not be located within any public right-of-way, and will not
obstruct pedestrian access or impact existing visual clearance areas. A condition of approval has been
added to ensure that directional signs or other objects associated with this temporary use do not violate
vision clearance standards. As conditioned, this criterion is met.
SECTION VII. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was mailed to the applicant and property owner.
Final Decision:
The decision of the Director on Type I Procedure is final on the date it is mailed or otherwise provided
to the applicant,whichever occurs first. The Director's decision may not be appealed locally and is the
final decision of the City.
THE DECISION IS FINAL ON JUNE 23, 2016
AND BECOMES EFFECTIVE ON JUNE 24, 2016
Questions:
If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov.
June 23,2016
PREPARED BY: Lina Smith
Assistant Planner
TUP2016-00019 TNT FIREWORKS SALES PAGE 3 OF 3
RECEVD- co
City of Tigard JUN 23 2016
COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD
Temporary Use Type IPA" p ca` ori
Sao
p Y Ypp
PROPOSAL SUMMARY (Brief description)
REQUIRED SUBMITTAL
Temporary use approval to allow: .e.-k'U\1 SC1\eS Of COnSume_r ELEMENTS
FireworYs frorrl a 3°' )( . C) Framed .Vend- M Owner's signature/
Property address/location(s):
`3(QS `s Pac t C. L YQ written authorization
Tvlar t k r G� Q 1 n- 912_2-3 Two(2)copies of the site/plot
J 1plan indicating:
Tax map and tax lot #(s): 15 1 3 Ip D€ 002_0i 1. Location of the Temporary Use
2. Lot size
3. Square footage and location of
t X S�t M t r existing buildings
Site size: 3 L �e W J r l C' 4. Current uses of existing buildings
Start date: (0 / 2-3 / 1 UJ End date: 1 / U / 5. Number of existing parking spaces
Please check one: 6. Square footage of any space to be
used as additional parking
❑ Season/special event 7. Driveway locations
CI Unforeseen/emergency situation [ Site/plot plan(reduced to 8.5"x11'/2")
Applicant's statement address criteria:
E1 Temporary sales office/model homes
18.785.04Q(2 copies)
[r Temporary use in commercial and industrial zone
171 Filing fee(unless exempt)
APPLICANT* f'OR STAFF USE ONLY
Business name: -raictra Ckltxr*h C-Clod dba..1.1\v7firtwacv-s . (1
#- Address: lad 0S�� �h '� ` Case No.: 77/1P2�_f t//
C1 Related Case No.(s):
2 City/state: TIG'Qr Cl nig.
Zip: 1122'-1 OA-
0_ oc?eratpr Application Fee:
Contact name: t2Oy CU Iver
Application accepted:
Ph#: 503 "l-1l b-5g i1Email: N I 1 6./..Q 6
By: LS Date: .
Application determined complete:
PROPERTY OWNER/DEED HOLDER(S)*(Attach list if more than one) By: /—.2v Date: 3
Name: P Vil eyr r5 Stores Inc \CURPLN\Masters\Land Use Applications Rev.11/25/2014
Address: ' C. )OX 42-1Z1
City/state: VC(+I d c�Q. Zip: g 1 Z y 2
Contact name: 41Q&-r' Cu.rr� Ph# 1�1 i
4.g D‘recctor o Real Estate-
* When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession
with written authorization from the owner or an agent of the owner.The owner(s)must sign this application in the space
provided on the back of this form or submit a written authorization with this application.
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2
c\NJ T 1 Q50
APPLICANTS
To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS
as described on the front of this application in the"Required Submittal Elements"box.
(Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.)
THE APPLICANT(S) SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property.
• If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the
conditions and limitations of the approval.
• All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and
the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such
statements are false.
• The applicant has read the entire contents of the application,including the policies and criteria,and understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property required.
0/10t/ '211U, - TNT R ) Anne vT P*'eyno (,-21-14„
Applicant's signature Print name Date
Pl-e.nse \--\-aorierA mase.
Owner's signature Print name Date
Owner's signature Print name Date
Owner's signature Print name Date
TEMPORARY USE—TYPE I APPLICATION(TUP)
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2
MASTER LEASE
(Various Locations Per Exhibit A)
DATED: ..4,,Fri t J 1, ,913f S
BETWEEN: Fred Meyer Stores,Inc.,an Ohio corporation
Attention: 04002/33R Property Management
P.O.Box 42121
Portland,OR 97242 LANDLORD
AND: American Promotional Events,Inc.
dba TNT Fireworks
P.O.Box 1436 TENANT
Tacoma,WA 98401
Tenant wishes to lease from Landlord a portion of the parking lot of each store
location as described on attached Exhibit A(the"Property").
NOW,THEREFORE,Landlord hereby leases to Tenant on the following terms:
1. Term: Possession
The term of this Lease shall be as follows;No sooner,and no later than the dates
listed below:
State Commenceme44 Date Ending Date
Oregon June 15th July 7th
Washington June 15th July 7th
Idaho June 15th July 7th
for each of the years 2015,2016 and 2017
2. Renta
2.1 Rental. Tenant will pay to Landlord on or before May 1•of each year the
minimum Base Rent as set forth on attached Exhibit A. Accompanying this minimum Base Rent
payment,Tenant is required to submit Proof of Insurance as outlined in Paragraph 7.1 and afetal,
updated Exhibit A which gives specific store locations and identifying these locations as a Stand
or a Tent. Tenant shall pay any percentage rent,as set forth on Exhibit A,on or before August 1
of each year during the term of this Lease for the immediately preceding period.
1
. �
IN WITNESS WHEREOF,the parties have executed this Lease as of the date
first above written.
LANDLORD: TENANT:
FRED MEYER STORES,INC. I ' CAN PROMOTIONAL EVENTS,INC.
By: SO By: _IA j&E
Robert Currey-Wilson,V.P. oug D 'Fro
Director of Real Estate Vice President •
isle:
Date: y— i — j Date: 1/_411.-15--
Address and telephone number at which
• a representative of Tenant can be
contacted outside of business hours:
Name:
Address:
Phone:
Cell Phone:
14
2016 FRED MEYER LIST
LOCATION 10 STORE 0 , ADDRESS CITY
11)1)6793 FRED MEYER INC•GI 00049 060 W KATIILEENE COEUR D'AI E NI
13E37972 FRED MEYER INC•II 00156 1555 N GATE MILE IDAHO FALL S
IST731 1 FRED MEYER INC 1400 W CHINDEN BLVD MERIDIAN
1517333 FRED MEYER INC-MI 00198 I2150 EAST FAIRVIEW MERIDIAN
IST7394 FRED MEYER INC-NI 00220 50 SECOND ST S NAMPA
1077507 FRED MEYER INC•16 (10439 10751 W OVERLAND RD BOISE
1017579 FRED MEYER INC•IG 00449 5425 CI IINDEN BLVD GARDEN CITY
13/75114 FRED MEYER INC•CE 00610 3527 FEDERAL WAY BOISE
15177119 FRED MEYER INC•TN 003113 705 BLUE LAKES BLVD TWIN FALLS
OWI)1151 FRED MEYER INC-HY 00600 3030 NE WEIDLER PORTLAND
• OWI 11153 FRED MEYER INC•PN 1102515 6850 N LOMBARD FOR I LAND
OW/11250 FRED MEYER INC-GR 00127 2 497 E BURNSIDE AVE GRESI IAM
OW113260 FRED MEYER INC-MT 00464 4101 Hwy 101 FLORENCE
OW116 570 FRED MEYER INC•AV 00650 944 SW 901 ST REDMOND
OW T1150 FRED MEYER INC•JC (10153 8955 SE 112ND AVE PORTLAND
OW11152 FRED MEYER INC•GL 00125 6015 NE GLISAN PORTLAND
OW)1155 FRED MEYER INC•SE 00330 5253 SE 82ND AVE PORTLAND
OWT1150 FRED MEYER INC• DE 00075 14700 SE DIVISION PORTLAND
OWT 1158 FRED MEYER INC• BY 001.28 1111 NE 102ND ST PORTLAND
OWT1159 FRED MEYER INC.RH 00285 -7700 REAVERTON•HILLDALE HWY PORTLAND
OWT1450 FRED MEYER INC-WR 004112 15905 SW WALKER RD BEAVERTON
OWTI.152 FRED MEYER INC-BT 00035 11425 SW BEAVERTON-IIILLSDALE BEAVERTON
OW T11350 FRED MEYER INC•TI 00375 11505 PACIFIC IIWY TIGARD
OWTI651 FRED MEYER INC•TU 00303 19200 SW MARTINAZZI TUALATIN
OWT 1753 FRED MEYER INC HL 00143 23105 SW TUALATIN VALLEY HWY I-IILLSBORO
OWT1760 FRED MEYER INC 00601 2075 NE IMBRIE DR HILLSBORO
0W11850 FRED MEYER INC•CN 00060 2200 BASELINE ST CORNELIUS
OW 12050 FRED MEYER INC•CK 011003 18301 SE 82ND DR CLACKAMAS
OWT2052 FRED MEYER INC-OR 002.42 11139 MOLALLA AVE OREGON CITY
OWT2062 FRED MEYER INC 00603 10625 362ND AVE SANDY
OVJT2551 FRED MEYER INC-NS 00225 2855 BROADWAY NE SALEM
OWT2552 FRED MEYER INC• ES 00090 :1740 MARKET NE SALEM
OW12950 FRED MEYER INC•AB 00005 2500 SANTIAM HWY ALBANY
OWT3351 FRED MEYER INC•WE 00(17 3333 WES1 I I TI-I EUGENE
OW14550 FRED MEYER INC•CO 00050 1020 S FIRST COOS HAY
OW(4750 FRED MEYER INC-NT 00227 1511 NE 20111 NEWPORT
OW 15550 FRED MEYER INC•NG 0022.0 US 9)1W R SPRINGBROOK NEWBERG
OW I'57011 FRED MEYER INC-TK 00377 25110 N MAIN TILLAMOOK
OW 16150 FRED MEYER INC-NC 002111 695 I IWY 101 WARREN TON
OW 10151 FRED MEYER INC-SP 110:02 5101)1 S COLUMBIA RIVER HWY SCAPPOOSE
OW16550 FRED MEYER INC-BD 170021 61535SH'NY97 BEND
OWTB851 FRED MEYER INC-KF 00165' 2855 SHASTA WAY KLAMATH FALLS..
WCSI852 FRED MEYER INC-BZ 00854 11 GRANT RD EAST WENATC.
WCS4150 FRED MEYER INC-RI 00286 101 WELLSAIN RICHLAND
WWS4151 FRED MEYER INC•AW 00019 801 AUBURN WAY AUBURN
WWT2163 FRED MEYER INC new 2902 184TH ST.SOUTHWEST LYNNWOOD
WWT2353 FRED MEYER INC-MR 00210 18805 SR 2 MONROE
WWT01c01 cccn ucvco sur mums. .111111•41 0.2.w-ve010.111 AL. ••••
SITE DIAGRAM
Date Updated: 1-1-2016 Location #: OWT 1650
pLocation Name: Fred Meyers - TI Ordinance: TVF&R
Site Address: 11565 SW Pacific Hwy Structure Type: Tent
City and State: Tigard, OR 97223 Structure Size: 30' x 50'
Cross Streets: and Structure Faces; 30' parallels Pacific Hwy
Show all setback from structures, gas, fire lanes, public and private roads, property lines, trees and landmarks
Fred Meyers --TI Parking
CITY OF TIGARD
Approved by Plann'ng
Date:
) �3N7
J /
ioo'+ Initials: LC
Parking — —
/411/j1""V
411,,) sd'Orransr
25'+
1111111111111111111 , A Tent
SW Pacific Hwy
Notes
See tent layout for exits
Sales Rep: Ron Attaway
r,uL CU.
. ,pipPirr
elw
•
drier .-`•
(' IH 1{ (' }I 1 ;i 1, () 1
NIFF Reaching our community for Christ!
May 20, 2014
TNT
Greetings,
We hereby resolve that the Tigard Church of God is a 501 (c) (3)corpora.in and that we are
exempt from Federal Income Tax as described in section 501 (c)(3)of the I 'ternal Revenue
Code. We are also exempt from filing an annual return of information fo 1990-A generally
required of organizations exempt under section 501 (c) (3) of the code as fall within the
specific exemptions contained within section 6033(a) of the code,
Our Federal ID number is#93-0625089. 1 trust that this will help you with ' hatever information
you may require.
,{ Z'tv. R. �'1. . J J .
Rev. R. Milton Culver Jr. —Pastor Milt
Sr. Pastor, Tigard Church of God
15670 SW 98th Ave, Tigard,OR 97224 — 503.639.4000 , ww1v.rirardco ,prr —chic o. jrardcne.nrr
<4 C /
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Proposed Use and Information Sheet:
Temporary Sales site: (OWT 1650)
Fred Meyer- TI
11565 SW Pacific Hwy.
Tigard, OR 97223
(See attached diagram)
Type of Sales and Product:
Retail Sales of 1.4 g fireworks.
Type of Structure:
30' x 50' Framed tent
Hours of operations:
Approximately 9:00 am — 11:00 pm daily
June 23rd through July 5th.
Operator:
Roy Culver 3(-
24 hr phone # 503- VUo.SSG:q
U