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TUP2017-00002 NOTICE OF TYPE I DECISION TEMPORARY USE PERMIT TUP2017-00002 TNT FIREWORKS SALES 120 DAYS =June 9, 2017 SECTION I. APPLICATION SUMMARY FILE NAME: TNT FIREWORKS SALES CASE NO.: Temporary Use Permit (TUP) TUP2017-00002 PROPOSAL: The applicant is requesting a Temporary Use Permit for fireworks sales between June 23, 2017 and July 6, 2017. 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 Attn: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. TUP2017-00002 TNT FIREWORKS SALES PAGE 1 OF 3 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 (1'DC 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 23,2017 TO JULY 6,2017 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 SAX/74th Avenue,and west of SW 71"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). 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, 2017 and July 6, 2017,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. TUP2017-00002 TNT FIREWORKS SALES PAGE 2 OF 3 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. 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 utilize 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 FEBRUARY 13, 2017 AND BECOMES EFFECTIVE ON FEBRUARY 14, 2017 Questions: If you have any questions,please contact Lina Smith at(503) 718-2438 or LinaCS( tigard-or.gov. • �� —� /��/� February 13.2017 PREPARED BY: Lina Smith Assistant Planner TUP2017-00002 TNT FIREWORKS SALES PAGE 3 OF 3 n • RECEJYP City of Tigard FEB 0 9 2017 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD S �I iTMaT Temporary Use Type I AppllCU /ENGINEERING PROPOSAL SUMMARY (Brief description) REQUIRED SUBMITTAL Temporary use approval to allow: Retail sales of consumer ELEMENTS fireworks from a 30' x 50' framed tent. ® Owner's signature/ Property address/location(s): 11565 SW Pacific Hwy written authorization Tigard, OR 97223 II Two(2)copies of the site/plot plan indicating: Tax map and tax lot #(s): 1 S136DB,Tax lo-l--4: : 2.o 1. Location of the Temporary Use S k 3l0 RC2. Lot size t Tax 1 O S##k 3 'ka) 3`401 3. Square footage and location of Site size: 30' x 50' tent w/perimeter existing buildings 4. Current uses of existing buildings Start date: 6 / 23 / 17 End date: 7 / 6 /17 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 111 Unforeseen/emergency situation ® Site/plot plan(reduced to 8.5"x11'/2") Q Applicant's statement address criteria: 0 Temporary sales office/model homes 18.785.040(2 copies) ® Temporary use in commercial and industrial zone 1 p�, RI Filing fee(unless exempt) V^" APPLICANT* FOR STAFF LSF: ONLY Business name: Tigard Church of God Youth dba: TNT Fireworks No.: UPcQC l -_ ?r Address: 11565 SW Pacific Hwy Related Case No.(s): City/state: Tigard, OR Zip: 97223 /Q/4Application Fee: Contact name: Roy Culver -476-5864 Application accepted: Ph#: 503 Email: By: /---,g Date: Q/19IT Application determined complete: PROPERTY OWNER/DEED HOLDER(S)*(Attach list if more than one) By: /-.2 Date: �1 cilia Name: *see attached lease* I:\CURPLN\Masten\tand Use Applications Rev.11/25/2014 Address: City/state: Zip: Contact name: Ph# * 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. New City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-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. SIGNATURES/ of each owner of the subject property required. t�Ziir,CC a/4Shanee Ashley Laron 2-I1 i7Applicant's signatuYer"-e(9e-2-- Print name Date *see attached lease* 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 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2 MASTER LEASE (Various Locations Per Exhibit A) DATED: t t I CI( )401S 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 Commencement 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 I 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 a final, 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. AME' CAN PROMOTIONAL EVENTS,INC. By: g, I2 By: /A J , R Robert Currey-Wilson,V.P. - Doug D' Director of Real Estate Vice President ide: Date: — I — ! Date: Address and telephone number at which • a representative of Tenant can be contacted outside of business hours: Name: Address: Phone: Cell Phone: 14 SITE DIAGRAM Date Updated: January 1, 2017 Location #: OWT 1650 Location 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 Parking CITY OF TIGARD Approved by Plapning Date: a 113/1-3- / loo'+ Initials: ) S 25'+ n 111111111111111 r • Tent 15' CD Notes See tent layout for exits No parking within 20' of tent Sales Rep: Ron Attaway OWT1560 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 6h. Operator Name and Phone Number Roy Culver 24hr phone: 503-476-5864 f 2016 FRED MEYER LIST LOCATION ID STORE II '% ADDRESS CITY STRUCTU RE 114E30793 FRED MEYER INC-CI 00049 500 W KATIILEENE COEUR DAL ENE STAND 1587972 FRED MEYER INC•II 00156 1555 N GATE MILE IDAHO FAILS STAND IST7361 FRED MEYER INC 1400 W CHINDEN BLVD MERIDIAN TENT IST7383 FRED MEYER INC•MI 00198 1850 EAST FAIRVIEW MERIDIAN TENT IS T7394 FRED MEYER INC-NI _ 00220 50 SECOND STS NAMPA TENT 1517507 FRED MEYER INC•1B 00430 19751 W OVERLAND RD BOISE .TEN 1 1517570 FRED MEYER INC•IG 00449 5425 CHINDEN BLVD GARDEN CITY TENT 15175114 FRED MEYER INC-CE 00013 3527 FEDERAL.WAY BOISE TENT 1517769 FRED MEYER INC•TN 00383 705 OWE LAKES BLVD TWIN FALLS TENT OW111151 FRED MEYER INC.HY 00000 3030 NE WEFDLER PORTLAND STAND • OW111153 FRED MEYER INC•PN 00255 6850 N LOMBARD PORTLAND STAND OWH1250 FRET)MEYER INC-CR 00127 2497 E BURNSIDE AVE GRESHAM STAND OWH3260 FRED MEYER INC-MT 0046.1 4701 HWY 101 FLORENCE STAND OWHG520 FRED MEYER INC•AV 00050 944 SW 0111 ST REDMOND STAND OWI1150 FRED MEYER INC•.1C00153 8955 SE S241D AVE PORTLAND TENT *OM 1152 FRED MEYER 1440.01 ^ 00125. 6015 NE GUSAN PORTLAND TENT OWI 1155 FRED MEYER INC•SE 00330 5253 SE 82ND AVE PORTLAND TENT OWT 1156 FRED MEYER INC• ON 00075 14700 SE DIVISION PORTLAND TENT OWT 1158 FRED MEYER INC• GY 00128 111i NE 102ND ST PORTLAND TENT OWT1159 FRED MEYER INC.RH 00285 7700 BEAVERTON•HILLDALE HWY PORTLAND TENT OWT1450 FRED MEYER INC•WIT 00402 15995 SW WALKER RD BEAVERTON TENT OWT1452 FRED MEYER INC•BT 00035 11425 SW BCAVERTON•H _ ILLSDALE BEAVERTON TENT OWTs6S FRED MEYER INC-T1 00375 11565 PACIFIC HWY TIGARD TENT OWT 1631 FI IED MEYER INC•TU 00303 19209 SW MARTINA2•ZI TUALATIN TENT OWl 1753 FRED MEYER INC•HL 00143 23105 SW TUALATIN VALLEY HWY HILLS1IOR0 TENT OWT1760 FRED MEYER INC 00661 2075 NE IMBRIE DR HILLSBORO TENT OW T 1650 FRED MEYER ItNC•CN - 00050 2200 BASELINE ST CORNELIUS TENT O17T2OS0 FRED MEYER INC-CK 00063 10301 SE 82ND DR CLACKAM.1AS TENT OW12052 FRED MEYER INC-OR 00242 1835 MOLALIA AVE OREGON CITY TENT OW12062 FRES MEYER INC 00563 10625 362ND AVE SANDY TENT 0W12551 FRED MEYER INC.IIS 03225 2855 BROADWAY NE SALEM TENT 'OW T2552 FRED MEYER INC• ES _ 00050 3740 MARKET NE SALEM TENT OWT2950 FRED MEYER INC•AB 00005 2500 SANTIAM HWY ALDANY TENT OW13351 FRED MEYER INC•WE 00417 3333 WEST 11TH EUGENE TENT OW14550 FRED MEYER1NC•CB 00050 1020 B FIRST COOS BAY TENT OW 14750 FRED MEYER INC-NT 00227 100 NE 20111 NEWPORT TENT OWTS550 FRED MEYER INC•NG 00220 US SOW 8 SPRINGBROOK NEWBERG TENT ow15750 FRED MEYER INC•TK 00377 2500 N MAIN TILLAMOOK TENT OWIG150 FRED MEYER INC-NC 002111 695 IIWY 101 WAFIRENTON TENT OW 16151 FIIED MEYER INC•SP 00.102 01501 S COLUMBIA RIVER HWY _SCAPpOOSE TENT OW T5550 •FRED MEYER INC•BO 00021 01635 5 HWY 97 FIEND TENT