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TUP2017-00006 NOTICE OF TYPE I DECISION TEMPORARY USE PERMIT TUP2017-00006 111 -19 TIGARD BULL MOUNTAIN FARMERS MARKET TIGARD SECTION I. APPLICATION SUMMARY FILE NAME: TIGARD BULL MOUNTAIN FARMERS MARKET CASE NO.: Temporary Use Permit (TUP) TUP2017-00006 PROPOSAL: The Tigard Bull Mountain Farmers Market proposes a seasonal, outdoor market to operate on Saturdays and Sundays between the hours of 9 a.m. and 2 p.m. from May 1,2017 to October 31,2017. APPLICANT: Tigard Bull Mountain OWNER: Gerald C. Kolve Farmers Market 14389 SW Pacific Highway Attn:Sean Mathews Tigard,OR 97224 11575 SW Pacific Highway Suite 109 Tigard,OR 97223 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: 14389 SW Pacific Highway (Canterbury Square Shopping Center) WCTM 2S110AB,Tax Lot 200 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. TUP2017-00006 TIGARD BULL MOUNTAIN FARMERS MARKET PAGE 1 OF 6 CONDITIONS OF APPROVAL PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 1. Obtain all necessary permits from the City of Tigard for signage associated with the seasonal market. 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). THIS APPROVAL SHALL BE VALID MAY 1,2017 THROUGH OCTOBER 31,2017. SECTION III. BACKGROUND INFORMATION Site and Vicinity Information: The project is located at 14405 SW Pacific Highway; north of SW Bull Mountain Road, and northwest of SW Pacific Highway. The 6.63-acre development site is made up of one parcel and contains multiple commercial buildings, landscaping, and associated parking. The site is zoned General Commercial (C- G). Adjacent properties to the north, south, and west are zoned R-12 (Medium-Density Residential), and are developed with multi-family housing. Proposal Description: The Tigard Bull Mountain Farmers Market proposes a seasonal, outdoor market to operate on Saturdays and Sundays between the hours of 9 a.m. and 2 p.m. from May 1, 2017 to October 31,2017. 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 use associated with the sale of fresh fruits, produce, and flowers, including seasonal markets by a chartered public service/non-profit organization which may offer additional products and services as provided in the organization's "market rules and policies" such as landscaping plants, prepared food, animal products, and art/handcrafts assembled by the vendor. FINDING: The proposed use is a seasonal market to operate on Saturdays and Sundays, from May 1, 2017 through October 31, 2017. The Tigard Bull Mountain Farmers Market is a non- profit organization focused on creating a welcoming environment for affordable and regionally-grown produce, arts, crafts, and local products. The market supports farmers, artisans, family-owned businesses, and entrepreneurs; encourages relationships between vendors and the business community; and educates consumers on farm practices, sustainability, and local food systems. The applicant submitted a site plan that illustrates the locations of 36 vendor booths, restrooms, outdoor seating, and a stage area. TUP2017-00006 TIGARD BULL MOUNTAIN FARMERS MARKET PAGE 2 OF 6 Vendors will be required to adhere to the Vendor Handbook, which includes market policies and procedures, criteria for vendor selection, and product guidelines. The proposed market 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 seasonal market to operate on Saturdays and Sundays from May 1, 2017 through October 31, 2017. A seasonal use is reviewed through a Type I procedure as governed by 1'DC 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 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 seasonal market would operate on Saturdays and Sundays from May 1, 2017 through October 31, 2017, consistent with the allowed April to October operating period for seasonal markets identified in paragraph 6,below. This criterion is met. 2. The use is permitted in the underlying zoning district. The subject site is located in the C-G (General Commercial) zone, consistent with the zones provided for this use as identified in paragraph 6. 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. TUP2017-00006 TIGARD BULL MOUNTAIN FARMERS MARKET PAGE 3 OF 6 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 applicant submitted a site plan that shows 320 parking spaces for the entire property. The 6.63-acre development is a mixed-use, multi-tenant site, and is therefore subject to the required minimum vehicle parking formula outlined in 1'DC 18.765.030.D. The table below calculates the minimum off-street vehicle requirements based on this formula: Use Category Square Parking Spaces Percentage Total Parking Footage Required Required Spaces Required Sales-Oriented Retail 24,450 74 100% 74 Eating&Drinking Establishments 12,800 116 85% 99 Bulk Sales 12,400 13 70% 9 Personal Services 10,940 28 60% 17 Indoor Entertainment 6,100 27 60% 16 Day Care 6,000 8 60% 5 Office 1,200 4 60% 2 Repair-Oriented Retail 1,200 4 60% 2 Fast Food Eating& Drinking Establishments 1,000 35 60% 21 Medical/Dental Office 900 4 60% 2 TOTAL 248 Staff finds that 248 parking spaces are required for the entire shopping center. In addition, the applicant proposes to temporarily occupy 20 parking spaces with vendor booths, outdoor seating, and a stage during market hours. This will reduce the total available parking to 300 spaces, or 52 spaces in excess of the minimum 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 applicant's site plan demonstrates that vision clearance would not be altered by the location of the booths, 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 vision clearance standards, Condition 2 in Section II above requires the applicant to maintain clear vision areas.As conditioned, this criterion will be 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, TUP2017-00006 TIGARD BULL MOUNTAIN FARMERS MARKET PAGE 4 OF 6 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 applicant submitted a copy of the Tigard Bull Mountain Farmers Market Vendor Handbook as part of this application. The rules and policies in the handbook are consistent with the seasonal market use description in TDC 18.785.020.A.2, including the sale of fresh fruits, produce, art/handcrafts assembled by the vendor, and vendor services related to cooking, food farming, gardening, produce, landscaping, health and wellness, and sustainability. The document outlines the hours of operation, location, product guidelines, vendor obligations, vehicle loading/unloading, and any other applicable policies guiding the operation of the market.This criterion is met. The city may also consider the following criteria: 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; Based on the site plan provided by the applicant, existing streets and access points to the Pacific Highway Frontage Road and neighboring businesses will be used. The market layout submitted with the application identifies a combination of physical barriers, cones, a gate, and setbacks intended to ensure safe and adequate ingress/egress and site circulation. Event staff will monitor pedestrians and vehicles around the market area,and will be available for assistance at all times during the event. This criterion is met. Provide documentation demonstrating the use will not create a traffic hazard, including coordination with ODOT if applicable; The project site is primarily accessed from the Pacific Highway Frontage Road, and does not directly access onto SW Pacific Highway itself. The site plan submitted with the application demonstrates the market will be located within the interior of the site,away from the primary ingress/egress point for the property, and is not expected to affect off-site circulation. The site plan shows that clear separation from internal drive aisles will occur through a combination of physical barriers, cones, a gate, and setbacks. This criterion is met. 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 The applicant's Vendor Handbook states the hours of operation open to the public are from 9 a.m. to 2 p.m., with vendor arrival time between 6:30 a.m. and 7:30 a.m. Musical guests are allowed to play between 10 a.m. and 1 p.m. No additional outdoor lighting is proposed or required. Booth sales of listed products would not expect to generate adverse off-site impacts related to noise,vibrations, glare, or lights. Food odors may be expected with food vendors, but would not be considered objectionable given the scale of the activities.This criterion is met. 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. TUP2017-00006 TIGARD BULL MOUNTAIN FARMERS MARKET PAGE 5 OF 6 The applicant has not applied for a sign related to the Tigard Bull Mountain Farmers Market temporary use. In addition, application materials submitted do not contain any information regarding signage associated with the proposed use. In order to ensure that the requirements of the city sign code are followed, Condition 1 in Section II above requires the applicant to apply for all necessary sign permits from the city.As conditioned,this criterion is met. FINDING: According to the analysis above, the proposed seasonal market use meets the applicable approval criteria or can be expected to meet them through conditions of approval.To ensure consistency with these standards and the practices of the city, conditions of approval will be imposed with respect to signs and vision clearance.The conditions are 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 2, 2017 AND BECOMES EFFECTIVE ON MAY 3, 2017 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 2.2017 PREPARED BY: Lina Smith Assistant Planner TUP2017-00006 TIGARD BULL MOUNTAIN FARMERS MARKET PAGE 6 OF 6 V G� � w RECEIVED APR 2 7 2017 City of Tlgaid CITY OF TIGARD IIIII " COMMUNITY DEVELOPMENT DEPARTMENT PLANNING/ENGINEERING T YUe Type I Application TIGARD PROPOSAL SUMMARY (Brief descxiption) REQUIRED SUBMITTAL Temporary use approval to allow. ELEMENTS A farmers market at Canterbury Square from May-Oct Owner's signature/ Property address/locttiOn(S): 14389 SW Pacific HWY written authorization Tho(2)espies of the site/plot Tigard, Oregon planindicng: Tax nap and tax lot #(5): 2S1 10AB 0 0 2 0 0 1. Ltxotion of the Tanporay Use 2. Lot size 3. Square footage and location of Site sizer existing buildings 4 Carat unnt u of existing buildings Start chip. 5/ 1 /2017 End darts 10/ 31 / 2017 5. Number of existing parking spaces Please check one 6. Squaw footage of any space to be used as additional parking X Season/special event 7. Driveway locations Unforeseen/emergency situation Ste'plot plan(reduced to 8.5"x111/2") Temporary sales off c /model homes Applicant's statement addri criteria 18785.040(2 copies) Temporary use in commercial and industrial zone Filing fee(unless exempt) APPLICANT?' FOR STAFF USE ONLY Business name Tigard Bull Mountain Farmers Market CaP -ao� _cxDf)042 Acktr : 11575 SW Pacific HWY #109 Related Case No.(s): City/state Tigard, Oregon zips 97223 Application Fee: q4- Contact name Sean Mathews Application Ph#: 5038047642 Email: sean@tbmfm.org By: l,.s Date _______ __b-3- Application determined complete PROPERTY OWNER/DEED HOLDER(S)" (Ataanlist if m)mBY: ;!Ulm one) gC Die sJ/ i -- Nam Gerald C. Ko I ve ,;,( IFP,N,Mastersl,anc,UseApp,;ot;ans Rev.11/25/2014 Ackers: 14389 SW Pacific HWY city/state Tigard, Oregon zip: 97224 Contact name Ph# 503-620-8087 ` When the owner and the applicant are different people the applicant mast be the purchase-of record or a lescFP in possession with written authorization from the owner or an agent of the owns:The owner(s)mast sign this application in the space provided on the back of this form or submit a written authorization with this application. APPLICANTS To consider an applicmtion complete,ynu will need to submit ALL of the REQUIRED SUBMITTAL FT,FMENTS as described on the front of this application in the"Required Submittal Elements"box. (Detailed a bn itd I urenait Inform ion sheers 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 cited in accordance with the teams and subject to all the conditions and limitations of the approval. • All of the above statements and the stclements in the plot plan,attachments,and exhibits transmitted herewith,are true,and the applies so acknowledge that any per it issued,l> 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 ids the regturanents for approving or denying the application. SIGNATURES of each owner of the subject poverty Lquiw i /1/1,a7Se cis n4� ewe cI/27/f 7 Applicant's sgnatre Print name Date Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print nary' Date 4/14/2017 To: Bull Mountain Farmers Market TBMFM.org From:Jerry Kolve Re: Farmers Market Location at Canterbury Square Shopping Center To Whom It May Concern, I give Sean Matthews approval to have the Bull Mountain Farmers Market at Canterbury Square Shopping Center on Saturdays and Sundays from 9 A.M.to 2 P.M. May 10th,2017 through October 31, 2017. Sincerely, Jer of e Property Owner at Canterbury Square Send Correspondence to: RECEIVED Attn farmers market 11575 SW Pacific HWY BOX#109 APR 2 7 2017 :.:. =� Tigard OR 97223 CITY OF TIGARD email: infoatbmfm.org PLANNING/ENGINEERING vow- lOr Project Description Narrative The Bull Mountain Farmers Market is focused on creating a positive environment that connects its citizens to available local markets, community organizations and cultures that Tigard has to offer. The new market will provide another source of fresh local-grown and produced foods, crafts, with educational and information services that inform everyone on how to prepare and preserve foods for us as well as the greater Tigard Community. It will dedicate itself to providing social activities that are fun family experiences that all kids young and old can learn from the past that are increasingly being lost. The surrounding streets from 112th to 115th and across highway 99 on Canterbury Lane all have a high density of houses and apartments that are all within walking and biking distance to our market place. We expect to create an increase in foot traffic in the area while at the same time reduce vehicular traffic. One of our goals is to maximize bus traffic by encouraging senior bus transit that is available from the local area's senior housing population as well as the two Trimet bus stops on Pacific Highway. (See attached, ID 4273, 4274#94). Current Canterbury Lane businesses are excited and supportive of our efforts. Several of the plaza's businesses are actively involved in the planning and intend to become a vendor during the markets hours. It is and will continue to be the market management policy to actively work with all local businesses to help create a cooperative working environment and work place. Of our greatest concern is working together with the current business traffic patterns and being complementary where trips are reduced when multiple activities are combined into a single trip. The market will enhance and improve the synergistic activities in the area. The current parking needs are substantially lower than required during the hours the market would be on the location including the hours before and after closing so we anticipate and will encourage a surplus of parking in the area by promoting mass transit walking bicycling and other means to reduce vehicular use. Thank You for your further consideration of our temporary permit application. If there is any further help we can give please feel free to ask. Sincerely �4A Mk/ date 'lb 7 1/7 Sean Mathews Director/Founder The Bull Mountain Farmer Market 0. AIL \ \ _ a IN (7- _1 . ill . 7 ... +.� r-• 1in r---'''' 'T % � ....= , .„, ii______-- . ........, p . . . 0 70:-.,... .... ..„-- * ilri . CI' , r El S.W. Pacific Hi:hwa CANTERBURY SQUARE SHOPPING CENTER CITY OF TIGARD Approved by Planning Date: S �t Initials: 1__S 1. Market layout r I GATE -••-• PHYSICAL BARRIER CONES Info/tokens ■ ■ • • ENTRENCE First aid kit ,..- ,,,,.,.,,:,. - -,: I:I f WC- el ) / I! ./' . ' ip, li ....-' 4 -,,,,, ' '''-... F1■ - iI ..- 0 -......,....„ .„...- 0 _ _ ii .. 1) tilII iii 2 1s s r •� 000 ` o °[�o r . i. sea'fing E y J STAGE _____ _ _,__, i • • • . ...._ ...___.._• ''C:jN.,.,,,,__._.___„--..____,___._....____.......„...._._.__,__.__„,....-N"-------.'-------...„...„....„....,,N...:N-..N.,NN 1 • l 4 Version 1.3 2016 Surrounding Area Highlights 2017 • yyv�c� y• .-. m� F \\ �' ���\\ v\i\ ,.>. \ .� Pacific Hw SW McDonald t Hwy / SW Gaarde St. "° °�� . a \ Market location Canterbury Shopping Center 14389 SW.Pacific Hwy • Tgard • F Vendor ldn t `� Paz g. • • • Tigard Recycling Center "' k Ys 144 • SW Bull Mountain Rd • .44 N fi• ��w �