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TUP2016-00022
NOTICE OF TYPE I DECISION TEMPORARY USE PERMIT TUP2016-00022 FEARLANDIA, LLC T I G A RD 120 DAYS = November 11, 2016 SECTION I. APPLICATION SUMMARY FILE NAME: FEARLANDIA,LLC CASE NO.: Temporary Use Permit(TUP) TUP2016-00022 PROPOSAL: The applicant is requesting a Temporary Use Permit for a haunted house event between October 6, 2016 and November 2, 2016. Activities will take place within a temporary 7,200-square-foot tent located in a gravel lot at the The Circuit Bouldering Gym (16255 SW Upper Boones Ferry Road). APPLICANT: Fearlandia,LLC OWNER: Coleman Bouldering,LLC Attn:Tim Devlaeminck Attn:Andy Coleman 6521 SE 40`''Avenue 6050 SW Macadam Avenue Portland,OR 97202 Portland,OR 97239 ZONING: I-P: Industrial Park District.The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review,design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated, attractively landscaped,and pedestrian-friendly. LOCATION: 16255 SW Upper Boones Ferry Road;WCTM 2S113AB,Tax Lot 700 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. Temporary banner signs shall not exceed 24 square feet.Temporary A-frame signs shall not exceed 12 square feet per face ([DC 18.780.100).STAFF CONTACT:Planner on Duty(503) 718-2421. 2. Applicant shall maintain visual clearance areas,per the standards set forth in [DC Chapter 18.795. TUP2016-00022 FEARLANDIA,LLC PAGE 1 OF 4 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 building and/or electrical permits. STAFF CONTACT: Building Division (503) 718-2439. THIS APPROVAL SHALL BE VALID OCTOBER 6,2016 TO NOVEMBER 2,2016 SECTION III. BACKGROUND INFORMATION Site and Vicinity Information: The project is located at 16255 SW Upper Boones Ferry Road; at the intersection of SW Durham Road and SW Upper Boones Ferry Road. The site is 3.4 acres in size, and contains an approximately 25,000- square-foot commercial building that is occupied by an indoor entertainment use,The Circuit Bouldering Gym. The site also contains 67 parking spaces, associated landscaping, and an approximately 59,000- square-foot gravel lot on the northeast portion of the property. The applicant proposes to locate the temporary use on this gravel lot. The property is zoned Industrial Park (I-P), as are adjacent properties to the north, south, and east. Properties to the west are under the jurisdiction of the City of Durham. In February 2014, the City of Tigard Planning Division approved a 20%reduction to the site's minimum off- street parking requirement(VAR2013-00024). Proposal Description: The applicant is requesting a Temporary Use Permit for a haunted house event between October 6, 2016 and November 2, 2016. Activities will take place within a temporary 7,200-square-foot tent located in a gravel lot at the The Circuit Bouldering Gym (16255 SW Upper Boones Ferry Road). SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.765 Off-Street Parking and Loading Requirements: 18.765.040 General Design Standards H. Parking space surfacing. 4. Parking areas to be used in conjunction with a temporary use may be surfaced in gravel when authorized by the approval authority at the time the permit is approved. The approval authority shall consider the following in determining whether or not the gravel-surfaced parking is warranted: a. The request for consideration to allow a parking area in conjunction with the temporary use shall be made in writing concurrently with the temporary use application per the requirements of Section 18.385.050, The applicant is proposing a haunted house event between October 6, 2016 and November 2, 2016. The event will include a 7,200-square-foot tent and 75 parking spaces that will be located on a 59,000- square-foot gravel lot at 16255 SW Upper Boones Ferry Road. The applicant's request to utilize this gravel lot was submitted concurrently with this Temporary Use Permit application. This standard is met. b. The applicant shall provide documentation that the type of temporary use requested will not be financially viable if the parking space surface area requirement is imposed, and The subject site currently contains 67 parking spaces. As calculated below in Section 18.765.070.H, the minimum off-street parking requirement for all uses on site (temporary and permanent) is 111 spaces. TUP2016-00022 FEARLANDIA,LLC PAGE 2 OF 4 Accordingly, it is necessary for the applicant to utilize the gravel lot for additional parking to meet this requirement. Furthermore, staff reviewed the applicant's materials, and determined that requiring the applicant to pave the existing gravel lot would prevent the proposed temporary use from being a financially viable operation. This standard is met. c. Approval of the gravel-surfaced parking area will not create adverse conditions affecting safe ingress and egress when combined with other uses of the property. The applicant proposes to utilize an existing ingress/egress point off SW Durham Road; therefore, approval of this gravel-surfaced parking area will not create adverse conditions affecting safe ingress/egress when combined with other uses of the property. This standard is met. 18.765.070 Minimum and Maximum Off-Street Parking Requirements H. Specific requirements. See Table 18.765.2. The subject site is currently occupied by an indoor entertainment use, The Circuit Bouldering Gym (approximately 25,000 square feet in size). In February 2014, the City of Tigard Planning Division approved a 20% reduction to the site's minimum off-street parking requirement (VAR2013-00024). This Temporary Use Permit application is also for an indoor entertainment use, which will be located inside a 7,200-square-foot tent. As outlined in TDC Table 18.765.2, the minimum off-street parking requirement for an indoor entertainment use is 4.3 spaces for every 1,000 square feet. Accordingly, the new minimum-off street parking requirement for all uses on site (temporary and permanent) is 111 spaces, taking into consideration the 20% parking reduction discussed above. Staff fords there is adequate parking at the subject site,with 142 parking spaces provided. 18.785 Temporary Uses: 18.785.020 Types of Temporary Uses A. Seasonal or special event. This type of temporary use is a use which 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 associated with the celebration of a specific holiday (Halloween), and will last less than one year; therefore, this proposal meets the description of a special event. This Temporary Use Permit is being process through a Type I procedure. 18.785.040 Approval Criteria A. Seasonal and special events. Using a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions or deny 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 haunted house event will take place only once this calendar year.Additionally, the use will occur between October 6, 2016 and November 2, 2016, which is a period less than 30 consecutive days. This criterion is met. 2. The use is permitted in the underlying zoning district. This proposal is for an indoor entertainment use, which is permitted by right in the I-P zone. This criterion is met. 3. The applicant has proof of the property-owner's permission to place the use on his/her TUP2016-00022 FEARLANDIA,LLC PAGE 3 OF 4 property; The 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 which is needed by the property owner to meet his/her minimum parking requirement, as governed by Chapter 18.765, Parking and Loading. The minimum off-street parking requirement was addressed above, under Chapter 18.765 Off-Street Parking and Loading Requirements of this decision. 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 applicant's site plan demonstrates that vision clearance would not be adversely impacted by the haunted house, which will not be located within any public right-of-way. Accordingly, this temporary use will not obstruct pedestrian access. In order to ensure that objects associated with the event do not violate vison clearance standards, Condition 2 in Section II above requires the applicant to maintain clear vision areas. 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 JULY 25, 2016 AND BECOMES EFFECTIVE ON JULY 26, 2016 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov. • /�...� July 25,2016 PREPARED BY: Lina Smith Assistant Planner TUP2016-00022 FEARLANDIA,LLC PAGE 4 OF 4 APPLICANT MATERIALS RECEIVED 114 . City of Tigard JUL 14 2016 i 1 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD Temporary Use TIGARD Type I Applieff VI1GINEERINC PROPOSAL SUMMARY (Brief description) REQUIRED SUBMITTAL Temporary use approval to allow: HAuifccP /�otAS e ELEMENTS E s'ner s ignature/written Property address/location(s): A •2-51S- s(3 as thorization _ -2� ( ' .e r L 1• / es .../'f. ,' t aeita / "lwv(2)copies of the site/plot 7 plan indicating: Tax map and tax lot #(s): I. Location of the Temporary Use 2. Lot size 3. Square footage and location of Site size: 77C el t )0 00-5/F t— O� 0 Oc 7 o17 � L of 511 existing buildings 4. Current uses of existing buildings Start date: /O / (, /.L O/6 End date: // / • . / 0/6 5. Number of existing parking spaces 6. Square footage of any space to be Please check one: used as additional parking • Season/special event 7. Driveway locations O Unforeseen/emergency situation VSiSite/plot plan(reduced to 8.5"x11'/2") 0 Temporary sales office/model homes L{!applicant's statement address criteria: ��/ )(2 copies) O Temporary use in commercial and industrial zone Filing fee(unless exempt) APPLICANT` Business name: /� a r I art or ,e_ L L--C �]/ .^� i/ �y.��y Address: G Sot I SE VO 11" Case No.:_/ (fl P"�CO!(��(.,.(.[/o � ,p Related Case No.(a): City/state: 9 c5 r tl an 1 Q/z Zip: 9 7 aZ O3S� Application Fee: Contact person: 7—/ ✓f'1 De /a e in In c k Ph#: 0 3 8'3 9- 76 90 Email: %►t 1 ® A-c -/a n d/-0.. •C 0,41By Applicatio/Ln a�c–J+cepted:Date: '. 1/1-ii 1 / Application determined complete: PROPERTY OWNER/DEED HOLDER(S)` (Attach list if more than one) BF L.2 Date:----1�_ee Name: ,/ - CO(N rj2ac ti, cAwnvuruM.c«•u.d the Applications tor.ii/ss/2oa4 Address: (©.SC) S W in aco-d aUvt A-ti e- City/state: /or! IG.✓tR on., Zip: S 723 7 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 I 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 tise 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. /.�ra p( 1J a s c o rrt 6 /2111A fr- /6 Applicant's signature Print name Date Hut s/. ,.) .3-�\ 1 6 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 CITY OF TIGARD !� � WIN� IM� r N . 'RANG AT OMEN.- HD Approved by Pla nin i' 39507 L.(� / �/ /!' (x)DRnE-WAY APRON ACCESS To �. g / `' . . . FAiNO p EW LA RMI-SITE DRIVE ` LEGEND Date: . /62S-//(0V % / /.:.ii:.; /�� / • umnNAYRomERSEcnax 46RsER /' • /: / 1� u�� \- ougnc NE CAI oLxiroYDIT av e &OVARY SEVER RANKLE / / , (( \: A�cxlre STORM DRAINAGE YOWL'TCHB 0• /1 .�. / 1111710iaa NO STURYO TORYELASH B ATC Initials: S / / / \' ""'A - STREET STORY DRNIA(E CATCH BASIN / O RE HYDRANT / C.<+ \. �pD T WATER PEER / / ' ' '\ EXISTING �" ow CAA I. � '/ f' tOSE BIB .• // ,'YEW Aw RRAR N. OFFICE/MIXED—USE bi A TRAFFIC 9CNA POLE /S �` / daNE,!REDESIRIAN \ . DEVELOPMENT mN� A OlidC SNwA BOL • WAY UNDER PREMOUS hk / LAR-IC Glial '/ f/ PR MINT \i`(�, /// (DEWLOPED/BUILT-•200D'S) J� L°B°.,R• • RICRRC BOK/METER /�'` ry ' SIPo WM F ACCESS \ N.// OT • POSER POLE /, / i ,' AWtOSS STE \.\ r RAEROAO SIGNAL POE RALR0I0 CROSSING AER / ' / /J I ' \•• ON RAILROAD SKKAL BOK (E)RIME HYDRANT ''EASnRG LINE EASTNc �. - GUY.E LourEo wM MI P / / / PANEo/ REMOVED DURING DEVELOPMENT Q s w0 VAVF OF NLLY SPIIMIQED / / �' 0_0,25,0e, DEVELOPMENT OF THE *' k\ 5 WS REIFR M CLNER O t. ' b: h- (74.219 SOFT)OARING GYY ,,,'IICf C••42,,, L a TDEPNLIE PEDESTAL BOLIDDNWG GYM / QO / A(� \:�',I, \ APPROVED UNDER e n1fTiRVE RAxxLE RENT as o SS / i ►. / \ ,p C•9 0§c o MAL / .1-4.... / '' / EXISTING STO MIER, ./. F Y� eOURO 7 /` Ta BASIN.A Proposed location for temporary use A / Q o 0 OMINOUS TREE W/CALIPER N FIDES /' / / / WANGLES r0 RERAN EXISTING C_)ci ^® CONFER TREE / GRAVEL \ /J \/RATTLES EROSION CORM.4/A0.4 / / ' (E)RENCECalCaY KADa'S ,, \ �. O SEDIMENT FENCE EROSION MIR%3/A0.4 / % LOT FROM(E) \\ R d 1 �f RAILROAD DRILLS % TO ALOIN PEOESIINAR a<•;i• \\ ' d LL I-I I / , / r (+58,04710.FT.) o UNMRGROIND GAS UNE ' Q -UROFRGROUXD STORM DRAINAGE LIRE / _ ACCESS r0 SITE ' UROERORWNp SANITARY SERER LNF / /' �,S/ (E)SITE C0IFRACE: WIN SULK CMSSIENT ' / W Z / / ABDO SCET/143,715 SOFT. ROPE TO SOUmNEST/ __ TURNING RADIUS FCR „iJ^.':': i' / LNOERRROUND WATER UNE A • /' / 17R WEST.MCAT /i \ EMERGENCY 28*INSIDE/4E OUX9 0E • �[ / / O I ONERHEAD Po vR Lx t�'✓<� EXISTING / \ IWAR .. p.LNDERLN0.IM1 roaER LIME LND[RORPIIO 1efliNOE lNE .• `�`` LISTED FOR(EASE •/ sGYM / / TRANSnaN FNLI(E)PAxxc ' /// /ONEOK OF NLIT-OF-WAY �". � ( )PROPERTY UNE A/. /,/• ,/ (NIB,000 SO.fT.) 1 ! \) 1 -./.;'' /,// d m —.MME UNE CAE IN RENIS ` / 'F (E)RUN-DaN STEEL MINX I 1 ) I ;:' //�, / ' CO Z g �! 1 aEMreSED a RE-PURPOSED COVERED l \ p —NEW FERROUS AREA LANDSCAPED TO YATW EASING \\ '� /` i '• ORNG SLE d BOADERNG / / /' //y // RY L. 1 NEW PERxDUS AREA GRASS AREA SIMAIR TO EXISTING `� S / GYY DEVELDPYENT TMU CRTGaO ENTRY \ \ / / ,;;•././. QL / , rc / $ / APPUCATINs/RESEWS. ("'6,000 SO.FT.) III Y \\ / ' / n NOTE: \ /` /'/ / IIIF \ \ / // • /./ ol O T.InDERmDIND OWES ME ARRe0YA1L SNOW \ ./' $$ .�7) r , `—— I; / ••,Wr ON FIE BASIS Cr WALE STRUCTURES.AS-BALI WONG. - URUtt LOCALES BY OMFA,AID SIR SURVEY PRW ARm I i.' ,'�]_ / �r III EAS1Nc r' • // /'./' U—C BT KW LLC DAZED OCTOBER 6.2016 - V �/ `, C PAVED/ /' G Z roR ERDNUN calaoL NOTES SEE a/Ao.4 /� v�j ,!' / \ �2) 1� BdB�3A / / (E)FRE xWNUN1 LOCATED Ti/N4 44 R•A// A �//• S$97E21 Sen.) /• / / SOUTH COMER L U • 1, \ A ' �� : • /p ,' './ / OF SPRINKLED f 4110104,01',2,,, / ; / - BORDERING GYM ` .I, '' / , / / ' APPROVED UNDER �\ (22)-'P4,,• (N)lYXO1 w 18 $ i, / / PMRoWD UNDER Inc.-PROPERTY IDENTIFICATION: BASIN ro s1OM1- ) S / ([ YENT PROCESS PROPERTY ADDRESS: 16255 SW KIPPER BOONES FERRY RD, ` I �. LER[ti PPE ' // ' / / ' . 1_. TIGARD,OR (E)DIRK-WAY APRON AGQBB I\ / '-•....., \ Hsi DAMG $$ /1/, // ' N.... LOT 512E 3.3 ACRES/143.715 SOFT. ROOFED!NIPIOAED UPON \\\•� \`,, \ `,c7. ENi $ . ' CUENT ABARXRED r YAP k TAR LOT N/. 25113ABDD700 (War-N!MDIT-DIT OEr) `\ ,� `\ X` / / R�VTSONQ 1-ID-1N ROI REAL PROPERTY ACCOUNT R R5136169 TO MEET Cur LOC TERN' \1\.• \ .n _;C C \\\ \ \ / ` $$$ / / AAccEEsS DuM NG TE LAND USE DISTRICT: IP-INDUSTRIAL PARK 10 IMPROVE FINE UBFR! \\ `\ SANITATION DISTRICT: - DURHAM NIFRSECTION DURING b G / / ' GW OEVELORIENT. WATER DISTRICT: - ME GYN DEVELOPMENT. \.-\ \ 'A, n\ \C s$ ` • �� /J / , FIRE DISTRICT: TVFNAR 'r PRE YANAGMENT ZONE: 'I ,�P PARK DISTRICT: - '\, �7 $$ \ \® ..,../ (N)I-1 1'UNDER "" AUOJSn 4 ZOIS EXISTING \ \ N`! ,0aA'�� / /WARP LITE EXISTING CIRCUIT BOULDERING GYM-DEVELOPED,APPROVED, COMMERCIALb. '�` Y/a6� i R COMMERCIAL uiP•APPLaAnm &CONSTRUCTED UNDER 2013.11 CoT APPS: DEVELOPMENT •- \ 4t� NETER DUWNG FIE GWR ALLED DEVELOPMENT MDR MODIFlCAT(tN 2013 (VANSTAR CORPORADOR PARKING ADJUSTMENT: 2013 (AIRGAS BRANCH NOR PAC) �.\ VI e D mELOP4ENr. ) PUBLIC FACILITY IMPROVMENT: 2014 \ (b DRODR SITE DENELONNENT: 2014 '\ ......y ERSTE LIME FINN(x) r GA-2015-COOS BUILDING PERMIT: 2014 '\,- J. I `� MET ROOM TO(E) YAN MR WT S / HONE: SURVEY CONDITIONS SITE 2 of 7 1 VARIOUS TRADE PERMITS: 2014 Vim' I _ M R-O-N LOCATED! PLAN SURVEY OAI SHEET R12 BY LL 001INSTDEVELOPMENT. OPMEN THE KM LLC,ALTA/AGSM LAND TITLE zr G Y DEVF DP ENT. SURVEY FANNO CREEK PRASE 2 p CIRCUIT SWii — EXISTING SITE PLAN, PERVIOUS & IMPERVOUS SURFACES 6 --:,--> f I, AON 1 CITY OF MAW MINOR PARTlTIOII APP. Paye j_ Scale. I sfwire_ .: I 01 Upper` /1oonc-'s Fe ry �c' d y‘../ pi 7_. 10 ECEIVED I ' 1 `. I ren 1- JUL 142016 } CITY OF TIGARD CITY OF TI • • . P NNING/ENGINEERING 1 A o proved by Ianping D :to: -?" c-// '° 1 In tials: 2-S - 4 0' 7S" 'ark ►oy space o = . • / i . i Cir cbk ( 1 _ 9 % 11___ I ._,.._ ....i • _ 1 _............1.,........ . ,..._ r' ''''' 4...III.I.INI•10/1•0 ' • l -_ _ _ — _ RECEIVED I JUL 1 4 2016 C. Lapsing of approval.An approval for the temporary use by the director shall lapse r.IITY OF TIGARD PLANNING/ENGINEERING 1. Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period; and 2. Construction or activity on the site is a departure from the approved plan. D. Renewal of approval. A temporary use approval may be renewed once by the director for a period not to exceed one year. Approval for a seasonal or special event use may be renewed on an annual basis in the same manner as if it were an original application. Notice of the decision shall be provided to the applicant. E. Renewal for temporary residential sales office/model homes. A permit for temporary sales offices and model homes may be renewed on an annual basis in the same manner as if it were an original application as long as 50% or less of the total number of dwelling units have been issued occupancy permits. (Ord. 10-05 § 1) 8.785.040 Approval Criteria .easonal and special events. Using a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions or deny 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 of this subsection; )/c) 2. The use is permitted in the underlying zoning district; a /o 3. The applicant has proof of the property-owner's permission to place the use on his/her property; Yes 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. yes fJ e.r e w! I I be no u s e. by VS O C Fh e C u r dut q Y m /) < 5. The use will provide adequate vision clearance, as governed by Chapter 18.795, Vision Clearance, and shall not obstruct pedestrian access on public rights-of-way. ce s 6. Seasonal markets are permitted in the C-G and MU-CBD zones and may operate from April through October. The applicant shall provide"market rules and policies" for city approval, which are consistent with the seasonal market use description in I8.785.020.A.2 and will be observed for the duration of the permit. Market rules and policies shall include hours of operation, location, product guidelines, vendor obligations, vehicle loading/unloading, and any other applicable policies guiding the operation of the market. The city may also consider the following criteria: 1 ; a. Provide documentation demonstrating adequate and safe ingress and egress exist when combined with the other uses of the property, consistent with applicable standards of Chapter 18.705,Access, Egress and Circulation; a.S S h o W✓L 06 d I aS r 0.0.-t # ,rZ b. Provide documentation demonstrating the use will not create a traffic hazard, including coordination with ODOT if applicable; , e_ a,re c,,�o r k,n y t...3 f i t7-1k, /n CO o( f 7iyar-d. l°o I t-a 0i i°t, Temporary Uses 18.785-3 AP Update:2/14 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 permitted outright in the zone; and d. Signs are allowed as permitted in Chapter 18.780; however, the permitted period for temporary signs may be approved to correspond to the duration of the permitted seasonal market use. B. Unforeseen/emergency situations. Using a Type I procedure, as governed by Section 18.390.040, the director shall approve, approve with conditions or deny based on findings that all of the following criteria are satisfied: 1. The need for the use is the direct result of a casualty loss such as fire, wind storm, flood or other severe damage by the elements to a pre-existing structure or facility previously occupied by the applicant on the premises for which the permit is sought; or 2. The use of a mobile or manufactured home on a lot with an existing dwelling unit is necessary to provide adequate and immediate health care for a relative who needs close attention who would otherwise be required to receive needed attention from a hospital or care facility; or 3. The applicant has been evicted within 60 days of the date of the application from a pre-existing occupancy of the premises for which the permit is sought as a result of condemnation proceedings by a public authority, or eviction by abatement of nuisance proceedings, or by determination of a public body or court having jurisdiction that the continued occupancy of the facilities previously occupied constitutes a nuisance or is unsafe for continued use; or 4. There has been a loss of leasehold occupancy rights by the applicant due to unforeseeable circumstances or other hardship beyond the foresight and control of the applicant; and 5. There exists adequate and safe ingress and egress when combined with the other uses of the property, as required by Chapter 18.705, Access, Egress and Circulation, and Chapter 18.795, Visual Clearance; and 6. There exists adequate parking for the customers of the temporary use as required by Chapter 18.765, Off-Street Parking; and 7. The use will not result in congestion on adequate streets;and 8. The use will pose no hazard to pedestrians in the area of the use; and 9. The use will not create adverse off-site impacts including noise, odors, vibrations, glare or lights which will affect adjoining use, in a manner which other use allowed outright in the zone, would not affect adjoining use; and 10. The use can be adequately served by sewer or septic system and water, if applicable. C. Temporary sales office or model home. By means of a Type I procedure, as governed by Section 18.390.030, the director may approve, approve with conditions or deny the use of any real property within the city as a temporary sales office, offices for the purpose of facilitating the sale of real property, or model home in any subdivision or tract of land within this city, but for no other purpose, provided the following criteria are satisfied: Temporary Uses 18.785-4 AP Update:2/14 !..., E ... VE1 i, i '--, JUL 14 Z016 CITY OF TIGARD PLANNING/ENGINERING , __ ..1 6:-. 7 0 V 6 14,e:101,- L;CLI C I-!tr.r/ 6..- _ A i ..) 7:11 e.,_ ,i,.?5 e. C:1'',.7 C ut,e'"','"; (":: Lie ,l'''c'',I.-.. 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