TUP2017-00004 NOTICE OF TYPE I DECISION
TEMPORARY USE PERMIT TUP2017-00004 .$11
FAYE'S FIREWORKS SALES T I GARD
120 DAYS =June 9, 2017
SECTION I. APPLICATION SUMMARY
FILE NAME: FAYE'S FIREWORKS SALES
CASE NO.: Temporary Use Permit (TUP) TUP2017-00004
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 40'by 40' tent in the Tigard Towne Square parking lot.
APPLICANT: Faye's Fireworks- 1 OWNER: Tecolote Resources,Inc.
Attn:Faye Trupka c/o Heslin Holdings
766 W Ellendale Avenue 23421 South Pointe Drive,Suite 270
Dallas,OR 97338 Laguna Hills,CA 92653
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: 16200 SW Pacific Highway;WCTM 2S115AB,Tax Lot 1901
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.
TUP2017-00004 FAYE'S 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'L)C 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 16200 SW Pacific Highway; south of SW Durham Road, east of SW Pacific
Highway,and west of SW 113th Avenue.The subject site includes a multi-tenant shopping center that totals
approximately 138,000 square feet in size,905 parking spaces,and associated landscaping.The site is zoned
General Commercial (C-G) and located on the Tigard border with unincorporated Washington County,
and across SW Pacific Highway from King City. Surrounding properties are zoned C-G and Medium-High
Density Residential (R-25).
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.
TUP2017-00004 FAYE'S 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 parking that is necessary to meet the
Tigard Towne Square's 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 1,600-square-foot (40' by 40') tent located in the Tigard
Towne Square parking lot, adjacent to the main entrance off SW Durham Road. 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 a( tigard-or.gov.
•
February 13.2017
PREPARED BY: Lina Smith
Assistant Planner
TUP2017-00004 FAYE'S FIREWORKS SALES PAGE 3 OF 3
n
City of Tigard
•
RECEIVED1698
III COMMUNITY DEVELOPMENT DEPARTMENT FEB 0 9 2017
TIGARD Temporary Use Type I A 1.! u el eL•i
PROPOSAL SUMMARY (Brief description)
REQUIRED SUBMITTAL
Temporary use approval to allow: Retail sales of consumer ELEMENTS
fireworks from a 40' x 40' framed tent. ® Owner's signature/
Property address/location(s): 16200 SW Pacific Hwy written authorization
Tigard, OR 97224 ® Two(2)copies of the site/plot
g plan indicating:
Tax map and tax lot #(s): 2 SII S RB -i ' S 0{ Sa 0 I 1. Location of the Temporary Use
2. Lot size
3. Square footage and location of
Site size: 40' x 40' 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
❑ ® Site/plot plan(reduced to 8.8.5"x111/2")Unforeseen/emergency situation
( Applicant's statement address criteria:
El Temporary sales office/model homes
18.785.04Q(2 copies)
® Temporary use in commercial and industrial zone
® Filing fee(unless exempt)
APPLICANT* FOR STAFF t SE ONLY
Business name: Faye's Fireworks dba: TNT Fireworks -71PQ°l�_caz4
Case Na:
Address: 16200 SW Pacific Hwy
Related Case No.(s):
City/state: Tigard, OR Zip: 97224
Faye Trupka
Application Fee: ' S-3***Contact name: Y p
Application accepted:
Ph#: 971-218-9404 Email: �+ 2
By: Date: e2/4:31/
T
Application determined complete:
PROPERTY OWNER/DEED HOLDER(S)*(Attach list if more than one) By: l S Date: fl
Name: *see attached lease* I:\CURPLN\Masters\Land 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.
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. p /11
Shanee Ashley Laron
Applicant's signature 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 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2
RECEIVED
FEB 13 2017 _ ,�
CITY OF TIGARD
�
PLANNING/ENGINEERING
A,
FIREWORKS LEASE AGREEMENT
This agreement is made between Heslin Holdings Lessor and AMERICAN PROMOTIONAL EVENTS
NORTHWEST as Lessee.
1. American Promotional Events-NW ,w II lease a portion of the property located at:(hereafter called the
Location"): 16200 SW Pacific Hwy.Tigard, OR 97224 for the sale of approved fireworks from the following
premises.
2 The lease payment will be $2500.00,yr year for the period of June 20m thru July 71h hereafter called the
"Season-. Payment shall be paid on or before January 30th.
3. Lessor represents that the Location is owned and/or controlled by the Lessor and furthermore that the Lessor
agrees to grant the Lessee the exclusive right to operate a fireworks sales structure(hereafter the "Structure')
through the year 2017 cr the above-mentioned period.
4. The Lessor herby grants Lessee a first right of refusal to match any bona fide offer to lease the Location for
fireworks sales during the renewal Seasons.
5. In return, Lessee agrees to the following terms and conditions:
a. Provide an A+ rated S10,000,000.00 certificate of insurance. prior to occupancy, evidencing liability
insurance in force covering the erection and operation of the Structure. Insurance shall name Lessor as
additional insured,and Lessor shall be held harmless from any claims arising from the maintenance or
operation cf the Structure.
b. Pay any and all costs involved in erection, maintenance,and operation of the Structure, and Lessee shall
guarantee that the Location will be returned to its original condition.
c. Obtain and pay all necessary permits and licenses required by law, post with local authority any debris or
performance bonds as required, and guarantee that all laws and regulations shall be adhered to.
6. This agreement is contingent upon Lessee securing necessary permits and licenses. Lessee may cancel this
agreement if the sale of fireworks is prohibited at this Location by a public authority or such sale. in the good
faith opinion of Lessee, becomes commercially unreasonable. In such an event any deposit shall he refunded to
Lessee.
Agreed to and dated this 1 day of , 20
Accepted - Accepted:
OPPr -
Lessor MJ Property Investors, LLC Lessee: Kennet .. Spence
c/o: Heslin Holdings AMERICAN PROMOTIONAL EVENTS - NW
23421 south Pointe Dr., Suite 270
Laguna Hills, CA 92653
Phone: 949-233-4758
AMERICAN PROMOTIONAL EVENTS, INC.
2120 MILWAUKEE WAY • TACOMA,WA 98421
TACOMA (253) 922-0800 • FAX (253)830-2930
www.tnIfireworks.com
SITE DIAGRAM
Date Updated: January 1, 2017 Location #: OWT 1698
Location Name: Albertson's #565 Ordinance: TVF&R
Site Address: 16200 SW Pacific Hwy Structure Type: Tent
City and State: Tigard, OR. 97223 Structure Size: 40' x 40'
Cross Streets: and Structure Faces:
Show all setback from structures, gas, fire lanes, public and private roads, property lines, trees and landmarks
L t l T 11
Mc Donald's 60'
) C ) C. . \II> C )
_ 90 > F- 90'
A
parking Tent
180'
C ) C ) C ) C > C )
ALBERTSON'S
CITY OF TIGARD
Approved by Planing
Date: al/3/t
Initials: �S
North
Notes
See tent layout for exits No parking within 20' of tent
Sales Rep: Ron Attawav
OWT1698
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
Purposed Use and Information Sheet
Temporary Sales Site:
Albertson's #565
16200 SW Pacific Hwy
Tigard, OR 97224
(see attached diagram)
Type of Sales and Product:
Retail sales of 1.4g consumer fireworks
Type of Structure:
40' x 40' framed tent.
Hours and Dates of Operations:
Approximately 8:00 am— 11:00 pm daily
June 23rd thru July 6'.
Operator Name and Phone Number
Faye Trupka
24hr phone: 971-218-9404