TUP2018-00004 TUP2O18 - 00004
TNT FIREWORKS
NOTICE OF TYPE I DECISION
TEMPORARY USE PERMIT TUP2018-00004
TNT FIREWORKS TIGARD
SECTION I. APPLICATION SUMMARY
FILE NAME: TNT FIREWORKS
CASE NO.: Temporary Use Permit (TUP) TUP2018-00004
PROPOSAL: The applicant is requesting a Temporary Use Permit for fireworks sales between
June 23, 2018 to July 6, 2018. Fireworks sales will take place within a temporary
1,600-square-foot tent located in the parking lot at 16200 SW Pacific Highway,
Suite Z.
APPLICANT: TNT Fireworks
Attn: Faye Trupka
16200 SW Pacific Highway
Tigard, OR 97224
OWNER: Tecolote Resources, Inc.
Kelly's Legacy LLC,Et Al.
By Hesslin Holdings,Inc.
23421 South Pointe Drive,Suite 270
Laguna Hills,CA 92653
ZONING: C-G: General Commercial Zone.The C-G zone is designed to accommodate a full
range of retail, office and civic uses with a city-wide and even regional trade area.
Except where non-conforming, residential uses are limited to single-family
residences that 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, Suite Z;WCTM 2S115AB,Tax Lot 1901
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapter 18.440
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. The findings and conclusions on which the
decision is based are noted in Section IV.
TUP2018-00004 PAGE 1 OF 3
THIS APPROVAL SHALL BE VALID FROM
JUNE 23,2018 TO JULY 6,2018
SECTION III. BACKGROUND INFORMATION
Site Information:
The project is located at 16200 SW Pacific Highway,Suite Z (WCTM 2S115AB,Tax Lot 1901); south of
SW Durham Road, east of SW Pacific Highway and west of SW 113th Avenue. The property is part of
the Tigard Towne Square shopping center, and shares parking and access with adjacent properties;
however,Tax Lot 1901 is under separate ownership. Tax Lot 1901 contains a 51,004-square-foot tenant
space that was previously occupied by a sales-oriented retail use (Albertsons),but is currently vacant.The
site is zoned General Commercial (C-G).
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.440 Temporary Uses:
18.440.030 Types of Temporary Uses
A. Seasonal or special event. This type of temporary use is a use that by its nature will last less
than 1 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 for the sale of fireworks, associated with the celebration of a specific
holiday(Fourth of July);therefore,this proposal meets the description of a seasonal or special event.This
Temporary Use Permit is being processed through a Type I procedure.
18.440.050 Approval Criteria
A. Seasonal and special events. The approval authority shall approve or approve with conditions
seasonal and special events when all of the following are met:
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;
The proposed temporary fireworks sales will take place only once this calendar year.Additionally,the use
will occur between June 23, 2018 and July 6, 2018,which is a period less than 30 consecutive days. This
criterion is met.
2. The use is permitted in the applicable base zone;
The sale of fireworks is considered a sales-oriented retail use, which is permitted by right in the C-G
zone. This criterion is met.
3. The applicant has proof of the property owner's permission to place the use on the property;
The application included the property owner's written authorization to place the proposed temporary use
TUP2018-00004 PAGE 2 OF 3
on the subject property. This criterion is met.
4. There will be no parking utilized by the customers and employees of the temporary use that
is required to meet the minimum parking requirements for the other use(s) on the property,
as required by Chapter 18.310, Off-Street Parking and Loading.
Staff reviewed the applicant's submitted site plan to determine that no parking will be utilized by the
customers and employees of the proposed temporary use that is required to meet the minimum parking
requirements for the other use on the property. This criterion is met.
5. The use will provide adequate vision clearance, as required by Chapter 18.930, Vision
Clearance Areas, and shall not obstruct pedestrian access on public rights-of-way.
The applicant's site plan demonstrates that the proposed temporary use will take place within a 1,600-
square-foot tent located in the parking lot at 16200 SW Pacific Highway, Suite Z. Accordingly, the
proposed tent will not be located in any public right-of-way, and will not impact vision clearance or
pedestrian access. This criterion is met.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was provided to:
X The applicant and owner
Final Decision:
A Temporary Use Permit is a Type I procedure. As such, the Director's decision is final for purposes of
appeal on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The
Director's decision is not appealable locally, and is the final decision of the City.
THIS DECISION IS FINAL ON APRIL 9, 2018.
AND BECOMES EFFECTIVE ON APRIL 10, 2018.
Questions:
If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov.
April 9, 2018
APPROVED BY: Lina Smith
Assistant Planner
TUP2018-00004 PAGE 3 OF 3
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II City of Tigard MAR 2 6 2018
COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD
• " ,`tTemporary
PLANNING/ENGINEERING G/ENGINEERING
Use I
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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/
written authorization
Property address/location(s): 16200 SW Pacific Hwy
Tigard, OR 97224 ® Two(2)copies of the site/plot
plan indicating:
Tax map and tax lot #(s): 2S115AB, Tax Lot 1901 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 / 18 End date: 7 /6 /18 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
CI Unforeseen/emergency situation ® Site/plot plan(reduced to 8.5"x11'/2")
rl Applicant's statement address criteria:
CI Temporary sales office/model homes
18.785.040(2 copies)
® Temporary use in commercial and industrial zone
® Filing fee(unless exempt)
APPLICANT* FOR STAFF USE ONLY
Business name: TNT Fireworks T(JP2OIg -0000 .!
Case No.: l/
Address: 16200 SW Pacific Hwy
Related Case No.(s): r'—
City/state: Tigard, OR Zip: 97224r'a
Faye Trupka
Application Fee:
i-.,Contact name: Y p
Ph#: 971-218-9404 Email: Application`accepted: Q
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By: C Date: _1_6
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ApplicationLdetermined complete: )(�
PROPERTY OWNER/DEED HOLDER(S)*(Attach list if more than one) By: i� Date:_ q / e
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.
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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.
SIGN TURES of each owner of the subject property required.
Shanee Ashley Laron
Applicant's signature Print name D to
*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
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PLANNING/ENGINEERING
FIREWORKS LEASE AGREEMENT
This agreement is made between Heslin Holdinqs. Lessor and AMERICAN PROMOTIONAL EVENTS
NORTHWEST as Lessee
1. American Promotional Events—NW . will lease a portion of the property located at:(hereafter called the
^Looadon~): 182OOSVVPacific Hwy, Tigard, OR for the sale of approved fireworks from the following premises.
2. The lease payment will be $3000.00 per year for the period of June 20th thru July rh hereafter called the
"Season". Payment shall be paid on or before April 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 2018 or 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 $10,000,000.00 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 of 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 requiredand guarantee that all laws and regulations shall be adhered to.
G. 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 be refunded to
Lessee.
L� A
Agreed to and dated this ( day of_ � �
� , 201:_.---
' /
Accepted: Accepked� r �� __
z�' `'
Lessor: MY46perty Investors, LLC Lessee. Kenne h A. Spen =
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
w/w/w.tn#\naworks.uom
SITE DIAGRAM
Date Updated: January 1, 2018 Location #: OWT 1698
Location Name: Albertson's #565 Ordinance: TVF&R
Site Address: 16200 SW Pacific Hwy Structure Type: Tent
City, State, Zip: Tigard, OR. 97224 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
(-----
LL t i # T
60'
90'
90' Tent
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180'
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CITY OF TIGARD
Approvedyllanning
Date: 4 9b
Initials: k.S
•
Notes
See tent layout for exits No parking within 20' of tent
Sales Rep: Ron Attaway
OWT 1698
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 6h.
Operator Name and Phone Number
Faye Trupka
24hr phone: 971-218-9404