TUP2016-00014 NOTICE OF TYPE I DECISION
TEMPORARY USE PERMIT TUP2016-00014 1111 01
HANDS BERRY STAND TIGARD
120 DAYS = September 9, 2016
SECTION I. APPLICATION SUMMARY
FILE NAME: HANDS BERRY STAND
CASE NO.: Temporary Use Permit (TUP) TUP2016-00014
PROPOSAL: The applicant proposes a temporary stand associated with the the sale of fresh
fruits, to operate from May 20, 2016 to June 16,2016. The stand will be located
at the Tigard Grange property (13770 SW Pacific Highway), on the southwest
corner of the site.
APPLICANT: Hands Berry Stand OWNER: Tigard Grange No. 148
Attn:James A. Rickard Attn: Sandra Myers
139 S. 11th Ave 13770 SW Pacific Highway
Cornelius,OR 97113 Tigard,OR 97281
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: 13770 SW Pacific Highway(Tigard Grange)
WCTM 2S103DD,Tax Lot 600
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 a condition of approval. The
findings and conclusions on which the decision is based are noted in Section IV.
CONDITION OF APPROVAL
PRIOR TO OCCUPANCY THE FOLLOWING CONDITION SHALL BE SATISFIED:
1. 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).
TUP2016-00014 HANDS BERRY STAND PAGE 1 OF 4
THIS APPROVAL SHALL BE VALID
MAY 20,2016 THROUGH JUNE 16,2016
SECTION III. BACKGROUND INFORMATION
Site and Vicinity Information:
The subject site is a 0.92-acre lot located at 13770 SW Pacific Highway. The property is currently
occupied by a fraternal club, known as Tigard Grange. The site consists of one building surrounded by
a large grassy area. There is a circular access drive around the single building, with peripheral and
unmarked parking. In addition, there are two existing access points that connect the site directly to SW
Pacific Highway.
The site is zoned C-G (General Commercial), as are properties to the northeast and southwest that
contain a variety of commercial land uses. Properties to the south are zoned R-12 (Medium-Density
Residential) and developed with multi-family housing; properties to the west are zoned R-3.5 (Low-
Density Residential) and developed with single family homes.
Proposal Description:
The applicant proposes a temporary stand associated with the the sale of fresh fruits. The stand will be
located on the southwest corner of the project site,adjacent to SW Pacific Highway.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
TEMPORARY USES
18.785.020 Types of Temporary Uses
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. This
type of temporary use includes temporary fundraising and other civic activities in commercial
zoning districts.
FINDING: The applicant proposes a stand associated with the sale of fresh fruits, which will
operate from May 20, 2016 to June 16, 2016. The proposed activity is consistent with
the type of temporary use permitted as a seasonal or special event. This criterion is met.
18.785.030 Approval Process
Approval of various temporary uses shall be processed as follows: Seasonal or special event: by
means of a Type I procedure, as governed by Section 18.390.040, using approval criteria in
Section 18.785.040A.
An approval for a temporary use by the Director shall be valid for a period of one year unless
otherwise stipulated by the approval.
An approval for the temporary use by the Director shall lapse if:
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.
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.
FINDING: The proposed use is a stand associated with the sale of fresh fruits, which will operate
from May 20, 2016 to June 16, 2016. A seasonal use is reviewed through a Type I
TUP2016-00014 HANDS BERRY STAND PAGE 2 OF 4
procedure as governed by TDC Section 18.390.040, using approval criteria in TDC
Section 18.785.040.A, below. The applicant's permit will remain valid if the activity on
the site is consistent with the approved plan. This criterion is met.
18.785.040 Approval Criteria
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 use will occur only once in the calendar year, between May 20, 2016 and June 16, 2016.
This criterion is met.
2.The use is permitted in the underlying zoning district.
The subject site is located in the General Commercial (C-G) zone, in which sales-oriented retail is a by
right permitted use.This criterion is met.
3. The applicant has proof of the property-owner's permission to place the use on his/her
property;
This Temporary Use Permit application was accompanied by the 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 subject site is only used for seasonal or special events; accordingly, parking by customers and
employees of the proposed temporary use will not compete with the required parking for the site. This
criterion does not apply.
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 altered by the location of the
stand,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 directional signs or other objects associated with the
market do no violate vison clearance standards, a condition of approval has been added that requires
the applicat to maintain clear vision areas. As conditioned, this criterion is met.
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 18.785.020.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 proposed use does not meet the definition of a seasonal market, as outlined in l'DC
18.785.020.A.2.Therefore, this criterion does not apply.
FINDING: According to the analysis above, the proposed temporary use meets the
applicable approval criteria or can be expected to meet them through a
condition of approval. To ensure consistency with these standards and the
practices of the City, a condition of approval will be imposed with respect to
TUP2016-00014 HANDS BERRY STAND PAGE 3 OF 4
signs and vision clearance. The condition is included in Section II of this
decision
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 MAY 16, 2016
AND BECOMES EFFECTIVE ON MAY 17, 2016
Questions:
If you have any questions, please contact Lina Smith, Assistant Planner at (503) 718-2438 or
LinaCS@tigard-or.gov. You may also mail inquiries to City of Tigard Planning Division, 13125 SW Hall
Boulevard,Tigard, OR 97223.
--�- May 16.2016
PREPARED BY: Lina Smith
Assistant Planner
TUP2016-00014 I-LkNDS BERRY STAND PAGE 4 OF 4
APPLICANT
MATERIALS
City of Tigard RECEIVE®
lig �� COMMUNITY DEVELOPMENT. DEPARTMENT Y 10 2016
—ITV OF TIGARD
TIGARD Temporary Use Type I Application
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PROPOSAL SUMMARY (Brief description)
REQUIRED SUBMITTAL
Temporary use approval to allow: ,fAL 2 or ELEMENTS
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lAA 4 ..Aii✓ ; it ',i�1 7 ; / Owner's signature/
Property address/location(s): ` 3 12G'IJ 0 5, RI' // written authorization
/ / IV (� %Two(2) copies of the site/plot
plan indicating:
Tax map and tax lot #(s): 2 10'3 D D 00600 1. Location of the Temporary Use
2. Lot size
3. Square footage and location of
Site size:
existing buildings
4. Current uses of existing buildings
Start date: 5 /2 0 /c.0, 9/t End date: l? / /4 /02016, 5. Number of existing parking spaces
G. Square footage of any space to be
Please check one: used as additional parking
/Season/special event 7. Driveway locations
1:1 Unforeseen/emergency situation
0 Site/plot plan(reduced to 8.5"x11'/2")
Applicant's statement address criteria:
❑ Temporary sales office/model homes
18.785.04Q(2 copies)
El Temporary use in commercial and industrial zone
X Filing fee(unless exempt)
APPLICANT* p/� FOR STAFF USE ONLY
Business name: ///1/1/0/15- f J1 /\ V 5rig 4/
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Case Na
Address: `'� q // s
Related Case
No(s
City/state: C l/I/U.)61S/ ,046 Zip: 97// ¢
Application , 'l
Contact name: J M t S ri , I /CAA i�
Application accepted:
Ph# 13-30-0 7Email:J 1,44 1 i4,J/3e /MiL (e
13y: Date: - / i , / i (.
Application determined complet •
PROPERTY OWNER/DEED HOLDER(S)* (Attach list if more than one) By: LS Date: Sirl24/44
Name: 17A,110•0 6/e/l"'Zi"Zli (/ I'\CURPLN\MastersVland Use Applications Rev.11/25/2014
Address: ,32V Jew /0q(//c/G HWP
City/state: 7I 4 Oi Zip: n2.9/
Contact name: 5,k/4/2_ S Ph# Q)-i 3.9/c.V
* 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
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.
SIG ATURES of each owner of the subject property required.
2 of k,cleer, P /'&
A licant's signature Print name Date
See Ct4--z4 cL
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
This agreement is entered into for each of the respective parties between
S r e4 V Ls `j -or the Tigard Grange No 148. and
, for the renter.
•
-me Date Position
Name Date Position
Renter's Mailing Address
Renter's Phone Number
Phone Number Alternate Fax
Renter's Email Address
Grange Rental Manager. _ rloq c Phone j5031-4.3-cilr-C
Email- rentalscc tigardgrange.com
Alternate Contact for Grange Mark Schnetzky Phone: 0503) 807-7619
Tigard Grange Hall Rental Agreement - Page 7of 7
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CITY OF TIGARD
Approved by Planning
Date: S./itch&
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