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TUP2018-00003 TUP2O18 - 00003 TNT FIREWORKS NOTICE OF TYPE I DECISION 1111 ■ TEMPORARY USE PERMIT TUP2018-00003 TNT FIREWORKS T I GARD SECTION I. APPLICATION SUMMARY FILE NAME: TNT FIREWORKS CASE NO.: Temporary Use Permit(TUP) TUP2018-00003 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 1,500-square-foot tent located near the northwest entrance of the Walmart parking lot. APPLICANT: TNT Fireworks Attn: Gina Chaddock 7600 SW Dartmouth Street Tigard, OR 97223 OWNER: Walmart Services 7600 SW Dartmouth Street Tigard, OR 97223 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: 7600 SW Dartmouth Street;WCTM 2S101BA,Tax Lot 500 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. THIS APPROVAL SHALL BE VALID FROM JUNE 23,2018 TO JULY 6,2018 TUP2018-00003 PAGE 1 OF 3 SECTION III. BACKGROUND INFORMATION Site Information: The project is located on the south side of SW Dartmouth Street; northeast of Highway 217, and west of SW 72'd Avenue. The proposed temporary use will be located at 7600 SW Dartmouth Street (WCTM 2S101BA, Tax Lot 500). Tax Lot 500 and the two (2) adjacent properties (7500 SW Dartmouth Street; WCTM 2S 101 BA, Tax Lot 101 and 7700 SW Dartmouth Street; WCTM 2S 101 BA, Tax Lot 600) are part of an existing retail center. All three (3) properties are owned by Walmart, and the development incudes the main Walmart store (approximately 138,000 square feet in size), two (2) smaller multi-tenant commercial buildings (approximately 12,000 square feet each), 692 parking spaces, and associated landscaping. 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 TUP2018-00003 PAGE 2 OF 3 use 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 utili7ed by the customers and employees of the proposed temporary use that is required to meet the minimum parking requirements for the other uses 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 1500- square-foot tent located near the northwest entrance of the Walmart parking lot.. 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 3, 2018. AND BECOMES EFFECTIVE ON APRIL 4, 2018. Questions: If you have any questions, please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov. 1 �/i� f April 3. 2018 APPROVED BY: Lina Smith Assistant Planner TUP2018-00003 PAGE 3 OF 3 it ImI4 ta° 1°54 till imm4 n H l REQ D MAR 2 ih 018 3,,, City of Tigard 71 1111COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD : ., . PLAN NING/ENGINEERING zTemporaryUse Type I Application n ,emto f'..4,-.: ,:.;.'',0, ra»..ax.,x•;,s'.':ah^uvxu.:ea::sxo:+<;r;,.,,,cam..aar,z:.' , .w.o..ss>,.., PROPOSAL SUMMARY (Brief description) REQUIRED SUBMITTAL Temporary use approval to allow: Retail sales of consumer ELEMENTS fireworks from a 30' x 50' framed tent. NI Owner's signature/ Property address/location(s): 7600 SW Dartmouth St written authorization Tigard, OR 97223 ® Two(2)copies of the site/plot plan indicating: Tax map and tax lot #(s): 2S101 BA, Tax Lot 101, 500 & 600 1. Location of the Temporary Use 2. Lot size 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 / 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 III Season/special event 7. Driveway locations El Unforeseen/emergency situation ® Site/plot plan(reduced to 8.5"x11'/2") kl Applicant's statement address criteria: ❑ Temporary sales office/model homes 18.785.04Q(2 copies) ® Temporary use in commercial and industrial zone ® Filing fee(unless exempt) APPLICANT* FOR STAFF USE ONLY Business name: TNT Fireworks Case No.: -TU p'ZQ i -000V S Address: 7600 SW Dartmouth St --- Related Case No.(s : City/state: Tigard, OR Zip: 9722361.00 Application Fee: Contact name: Gina Chaddock Application accepted: Ph#: 503-330-1633 Email: By: SC Date: 3-Z6-ip b Application determined complete: PROPERTY OWNER/DEED HOLDER(S)*(Attach list if more than one) By: C Date: g ft.Q.3- 6 Name: *see attached lease* 1:\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 o each owner of the subject property required. Shanee Ashley Laron 0/29// Applicant's signature Print name Date *see attached lease* *see attached lease* Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date ra✓,rv.x .,ws..:..ri.nr.r,ciirv:.:r...,..,rhrr,rrr.r,.:i.:x..,,,.,,.:.:.�.,:,..n,r„.::_.,..rvr,,,sn riic.ri,..rvirrraa;r..rrirh._mw,✓.rwsw,Frry..:�.n,.r.✓nr,r.uirn,r:r::,..,r i:,.,.nr i.,, .e,sr.,...;. ,.ri,,....;.n.a. ..rF,,... ....... ..... .........r,r,..a,r ,rr.. :.i...i, i.,r,,,... 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 Walmart Independent Sales Organization TNT Fireworks to scope parking lot space and sell fireworks r.o, American Promotional Events, Inc. D.B.A. TNT Fireworks Walmart Services Date. 01/02/17 RE: TNT Fireworks to scope parking lot space and sell fireworks Dear Valued ISO, Thank you for your continued support and collaboration. Upon arrival at the store where the event/promotion will occur, this access Letter("Letter")should be provided to store management. This letter shall serve as proof that you are authorized to enter the store and complete the parking lot scoping and execution of a temporary firework stand as a promotion/event for the time period specified below. You are also authorized and required to obtain the proper permitting as required by the local city, county, and/or state. Only your employees (collectively"Representatives") may perform the promotion on your behalf. Your Representatives must produce credentials to store management showing that the Representative has been authorized by you to perform the promotion on your behalf. Scoping Timeline: Scope work may happen anytime from January 01,2017—July 31,2018 Sales Timeline: Parking lot sales may happen anytime from June 15,2017—July 31, 2018 Store Associate(Management) Responsibilities: 1) Allow and agree upon space with TNT Fireworks to sell fireworks on the parking lot during the Independence Day season 2) Customers and employees of TNT Fireworks may have access to restrooms in Walmart facilities 3) For other questions call Walmart Field Support at 1-700-Walmart 4) Keep a copy of this LOA for your records This particular program does NOT violate the Walmart Corporate Solicitation Policy. Best regards, • se Danielson -/ Anne J,hnso Manager II,WM Services DirectQrWalmart Services 71' 3 pp � �� •�eF��. :a � .'„,,,...2,...,. ,...">.; cuoci_tto • ii Up :j a ,a H L° .,�z �.�; At L s,:j 4+ E s� 1 { ' ?� ( .. €ip1._ 2 � ^ r �., Or� - eaJ p I I { l5t �° «. $4a ` Ai � a F� ' 0 iiiii l'' ; 11.. 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OWT1656 City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Purposed Use and Information Sheet Temporary Sales Site: Wal-Mart#5935 7600 SW Dartmouth St 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 Gina Chaddock 24hr phone: 503-330-1633 RECEIVED MAR _Sc,2 � 018FAREwoRKs1141 . 0 CITY OF TIGARD PLANNING/ENGINEERING March 20, 2018 City of Tigard Attn: Community Development 13125 SW Hall Blvd Tigard, OR 97223 To whom it may concern, Enclosed please find two completed Type I — Temporary Use Applications. Also enclosed are checks in the amount of$3671.00 each to cover the temporary use permit fee. Should you have any questions regarding the enclosed applications,please feel free to contact me at .r oror at 503-653-9655. Sincerely, ..1-/WAva Shanee Laron Administrative Assistant AMERICAN PROMOTIONAL EVENTS, INC. PO BOX 836 • CLACKAMAS, OR 97015-0836 PHONE (503)653-9655 • FAX(509)654-0619 www.tntfireworks.com