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TUP2019-00015 APPROVED TUP2O1 9 - 00015 FEARLANDIA , LLC NOTICE OF TYPE I DECISION TEMPORARY USE PERMIT TUP2019-00015 1111 FEARLANDIA, LLC T I GARD 120 DAYS = November 22, 2019 SECTION I. APPLICATION SUMMARY FILE NAME: Fearlandia, LLC CASE NO.: Temporary Use Permit(TUP) TUP2019-00015 PROPOSAL: The applicant is requesting a temporary use permit for a haunted house event between October 5,2019 and November 3,2019.Activities will take place within a temporary 8,000-square-foot tent located in a gravel lot at the The Circuit Bouldering Gym property (16255 SW Upper Boones Ferry Road). APPLICANT: Fearlandia,LLC Attn:Tim Devlaeminck 6521 SE 40th Avenue Portland, OR 97202 OWNER: Coleman Bouldering,LLC Attn:Andy Coleman 16255 SW Upper Boones Ferry Road Tigard, OR 97224 LOCATION: 16255 SW Upper Boones Ferry Road WCTM 2S113AB,Tax Lot 700 BASE ZONE: I-P: Industrial Park Zone APPLICABLE REVIEW CRITERIA: Community Development Code (CDC) Chapters 18.410 and 18.440.050.A 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 IS VALID FROM OCTOBER 5,2019 TO NOVEMBER 3,2019. TUP2019-00015 Fearlandia,LLC 1 SECTION III. BACKGROUND INFORMATION Site Information: The project is located at 16255 SW Upper Boones Ferry Road;at the intersection of SW Durham Road and SW Upper Boones Ferry Road. The site is 3.4 acres in size, and contains an existing commercial building that is occupied by an indoor entertainment use, The Circuit Bouldering Gym. The site also contains 67 parking spaces,associated landscaping,and an approximately 59,000-square-foot gravel lot on the northeast portion of the property.The applicant proposes to locate the temporary use on this gravel lot.The property is zoned Industrial Park(I-P),as are adjacent properties to the north, south,and east. Properties to the west are under the jurisdiction of the City of Durham. In February 2014, the City of Tigard Planning Division approved a 20 percent reduction to the site's minimum off-street parking requirement(Case No.VAR2013- 00024). SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.410 Off-Street Parking and Loading: 18.410.040 General Design Standards E. Surfacing. Off-street parking areas must be paved with an asphalt,concrete,or pervious paving surface,with the following exceptions: 1. Off-street parking areas associated with a temporary use application,as provided in Chapter 18.440,Temporary Uses,provided the approval authority determines that unpaved parking will not create adverse conditions. 2. Off-street overflow parking areas in the Parks and Recreation zone. The applicant is proposing a haunted house event between October 5, 2019 and November 3, 2019. The event will include an 8,000-square-foot tent,and 75 parking spaces that will be located on a 59,000-square- foot gravel lot at 16255 SW Upper Boones Ferry Road. The applicant's request to utilize this gravel lot was submitted concurrently with this temporary use permit application. This standard is met. 18.410.070 Vehicle Parking Quantity Standards A. Off-street parking requirements. The ratios for providing minimum and maximum vehicle parking spaces are provided in Table 18.410.3. If application of the maximum parking standard results in less than 6 parking spaces for a development with less than 1,000 square feet of floor area,the development is allowed up to 6 parking spaces.If application of the maximum parking standard results in less than 10 vehicle parking spaces for a development between 1,000 and 2,000 square feet,the development is allowed up to 10 vehicle parking spaces. The subject site is currently occupied by an indoor entertainment use, The Circuit Bouldering Gym (approximately 25,000 square feet in size). In February 2014, the City of Tigard Planning Division approved a 20 percent reduction to the site's minimum off-street parking requirement (Case No. VAR2013-00024). This temporary use permit application is also for an indoor entertainment use,which will be located inside an 8,000-square-foot tent. As outlined in CDC Table 18.410.3, the minimum off- street parking requirement for an indoor entertainment use is 4.3 spaces for every 1,000 square feet. Accordingly, the new minimum-off street parking requirement for all uses on site (temporary and permanent) is 114 spaces, taking into consideration the 20 percent parking reduction discussed above. Staff finds there is adequate parking at the subject site,with 142 parking spaces provided. 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 one year. Examples of this type of use are those associated with the sale of goods for a specific TUP2019-00015 Fearlandia,LLC 2 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 associated with the celebration of a specific holiday (Halloween), and will last less than one year;therefore, this proposal meets the description of a 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 will 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 18.440.050.A.6; The proposed temporary haunted house event will take place only once this calendar year.Additionally,the use will occur between October 5,2019 and November 3, 2019,which is a period less than 30 consecutive days.This criterion is met. 2. The use is allowed in the applicable base zone; This proposal is for an indoor entertainment use,which is allowed in the I-P Zone.This criterion is met. 3. The applicant has proof of the property owner's permission to place the use on the property; This 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 that is required to meet the minimum parking requirements for the other uses on the property, as required by Chapter 18.410,Off-Street Parking and Loading; The minimum off-street parking requirement was addressed above, under Chapter 18.410 Off-Street Parking and Loading of this decision. This criterion is met. 5. The use will provide adequate vision clearance, as required by Chapter 18.930, Vision Clearance Areas,and not obstruct pedestrian access on public rights-of-way. The applicant's site plan demonstrates that vision clearance would not be adversely impacted by the haunted house,which will not be located within any public right-of-way.Additionally,this temporary use will not obstruct pedestrian access. This criterion is met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was provided to: X The applicant and owner TUP2019-00015 Fearlandia,LLC 3 Final Decision: A Temporary Use Peimit is a Type I procedure.As such, this decision is final for purposes of appeal on the date it is mailed or otherwise provided to the applicant,whichever occurs first. This decision is not appealable locally, and is the final decision of the City. THIS DECISION IS FINAL ON JULY 29, 2019, AND BECOMES EFFECTIVE ON JULY 30, 2019. Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov. �'— ✓� - July 29, 2019 APPROVED BY: Lina Smith,Assistant Planner Community Development Director's Designee TUP2019-00015 Fearlandia,LLC 4 / 0 CITY OF TIGARD / N �/ <� ,' NOT OFFICIOUS -rlA+rA ao E Approved by Ian ing ..„011).0.' mwyr rNAr !�aNEE-Wr AP51 Aorta ro \/�/� / / ::: r I (, f-MND tlFNf UIE!01-911 LE __(_ Date. I / , - mIINWIE,RMFICAT y ' ,,� DP. 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A Kusn a SERs COMMERCIAL ``;.-„: ,y TD 0E)Car Ioiu LLW COMMERCIAL B CONSTRUCTED UNDER 2013-14 CDT APPS: �`O �.”.v � OLP:APP EGAD DEVELOPMENT ` -- w". = WOR 1•T NNW NDOFICSIa10 2013 \�, \ '�. L/Jl a Gm DEVELOPMENT PARKING 90.RI5T1AExT: 2013 NEWS ERANO1 NOR PAC) , �Ea . .. �`/% (VANSTAR CORPORATION) SIof r PUBLIC FACLITY ONO T 2611 ��', �! r. ./.„2 , d0 11rFR aT011O 01110110 PEWIT: MET 1151 TO 91 ___ 2014 `\ .... t..\ WSTE LW REM#0 RMI SILO DR A..GA-2015-00O5 5150015 TRADE 2019 Y:'' I \�/ N RAY"LOCATED! NOTE:ENSTNG CONDITIONS SUE 2 C f 7 N 1 / MWEoD NMN It PLAN SURVEY ON SHEET/2 DY 1 m /1 CW N:1aO1(NT. KCD LLC,KTA/ARN LAM TITLE ®CIRCUIT SI — EXISTING SITE PLAN. PERVIOUS & IMPERVOUS SURFACES W /. P I `, SURYEY rANIO CREEK PHASE 2 1 . Sri 90.1 '1111 OF 7IGARD MINOR PARTa1I®)APP° _... . . C.:s.7i 1 t.Z... ., • • • ujje_f .?"--..., . .., D ---- „.."3 6.0 il.„..r:- .c.- :., (7. 1 •1 V .",V: C.•' )• I e _. .- . • JUL 2 4 2019 • , crwITTG- - . . 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ApperloTvied0F yTIGpAi RnningD -..,.. C.. , ^ — . .. .., \ \Is., Date: •2 / /z--'' ....._ ro initials: .... t'l .• :-/Z- ---• 1 '41 -"--- --,_ — _--- ---- PenC.E._ \ / — 1 N 0 " \„ APPLICANT MATERIALS RECEIVE® in City of Tigard JUL 24 2019 NG Case #: P2o lel-C t COMMUNITY DEVELOPMENT 1?e Taj illIl Master Land UseA.L ANG E1icaEhOn IGART0 p plication LAND USE APPLICATION TYPE ❑ Accessory Dwelling Unit(ADU) O Modification: ❑Type I ❑ Type II 0 Adjustment 0 Planned Development: ❑ Annexation 0 Consolidated Plan ❑ Comprehensive Plan Map Amendment ❑ Concept Plan ❑ Conditional Use ❑ Detailed Plan ❑ Downtown Design Review: ❑ Sensitive Lands Review: 0 Track 1 0 Track 2 0 Track 3 0 Type I 0 Type II ❑ Type III ❑ Home Occupation-Type II 0 Site Development Review: 0 Type I O Type II ❑ Land Partition O Subdivision O Lot Line Adjustment/Lot Consolidation Temporary Use Permit O Marijuana Facility Permit 0 Urban Forestry Plan: C) Miscellaneous: ❑ Modification ❑ Discretionary Review O Type II ❑ Type III 0 Zoning Map Amendment PROJECT INFORMATION Project name: 'tt.t /ectice l c- �ei"/ fc-'-Ct /7o u s c_s_ Brief description of project: Fifa r�ry ///et 14 710(,Au-E. /en* S/Ze Ki0Otn • ST/F Jof size. 60, 066 sp-b" Det-i-e s o c /A 1-c,_, d cf .5h. — Not.) 3rd SITE INFORMATION Location (address if available): /6'f, 5T c 5 C I after /o ui1�,s ear'7 Ad rly ay, Tax map and tax lot number(s): c�0a VA- L i- S:2•c 66;O Site size: /E✓1 Si.�� Zone: APPLICANT INFORMATION la Name: 5'eq-- .a...af'.`aL LZC b ,-,0,„61,5 LL. C. Mailing address: 6,'";---"Z-/ SE 4/0 -4-A td-c_ City/State: Pei(- �t C Zip: 9 7 Zo Z Phone: ,57O 3 e3,9 -..7 ,)-6-3 Email: "7"'�•- cct,.r la--_,L°ate : Lc,, 1 Applicant's representative: 1 ,<,.A J j LA.,k cl , Phone: 503 5-9769 0 Email: �. 't� r) ..�t.`„z . co,."--t City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 oft PROPERTY OWNER INFORMATION C7 Same as applicant (Attach list for additional owners) Name: ,-, Co/emaOL 7-A e Corc u -f Gym 1 tic Mailing address: /6,2Z. So) aG'azrn s Fere/City/State: -2-7y6i of Zip: y 7 02 `/ Phone: SO 3 - S T _a 332. Email: SUBMITTAL REQUIREMENTS In addition to this application form,you must submit all required items listed in Subsection 18.710.030.0 of Tigard's Community Development Code. If you are unsure what is required with your application,please contact the planner on duty at 503-718-2421 or tigardplannerondutyQa tigard-or.gov. I certify that I am the property owner or I am eligible to initiate this application,as provided in the Tigard Community Development Code. To the best of my knowledge,all the information provided within this application package is complete and accurate. ) rkki 2_3--)_( 1Y rIpplicant's signature* Print name Date //;1d CvIeman 7-/V-/ 7 Property o•er's signature* Print name Date Property owner's signature* Print name Date *The owner must sign this application or submit a separate written authorization when the owner and applicant are different people. STAFF cUSE �ONLY Case No.: 11/122010-t�1 Application fee:`C 40Lp Received by: Date:"1 14 Related Case(s): Determined complete by: 1.-"C Date: 9/4/1 City ofTigard • 13125 SW Hall Blvd. • Tigard, Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of2 LEASE RECEIVE : 1. BASIC LEASE TERMS. JUL 2 4 2019 (a) Effective Date of this Lease. A c4�us-�" ,201 PLANN NG/ENGINEE�;t,' (b) Parties and Notice Addresses. (i) Landlord. [The Circuit,Inc.] (ii) Tenant. Fearlandia LLC and D&D Props LLC (c) Description of Premises. Bare land(the"Premises") located at 16255 SW Upper Boones Ferry Road, Tigard, Oregon. The Premises are more particularly described on Exhibit"A"hereto. (d) Term. The initial term of this Lease shall commence on August 1, 20l,(the "Commencement Date")and shall continue to October 31, 20l' ; provided, however,that Tenant may extend the term through all or a portion of the month of November 201,by notifying Landlord of the duration of such extension on or prior to October 25,2019. (e) Base Monthly Rent. Base Monthly Rent during the term shall be paid in the following amounts: Base Monthly Rent shall be paid in equal monthly installments of$.3,500 (0 Use. The Premises shall be used solely for the following purpose and for no other purpose whatsoever: to prepare for, set up and operate a Halloween themed Haunted House during the term that is ticketed and open to the public from and after October 7, 2019r_hrough and including November I,201 2. LEASE OF PREMISES. (a) Demise and Description. Upon and subject to the terms of this Lease, Tenant leases from Landlord and Landlord leases to Tenant the Premises. (b) Inspection. Tenant accepts the Premises in their present condition"AS IS." Except as expressly set forth herein, Landlord has not made, and no agent of Landlord has made or is authorized to make,any representation or warranty to Tenant regarding the Premises,the uses that can be made of the Premises, or the suitability of the Premises for particular purposes. 3. TERM. (a) Initial Term. Except as set forth herein,the initial term of this Lease is for the period set forth in Section 1 and shall commence upon the Effective Date. 1 —LEASE Landlord)arising out of or related to the failure of Tenant to perform any obligation under this Section 5(c). 6. SIGNAGE. Any signs both lighted and unlighted,and interior or exterior(regardless of size)to be located on the Premises(if any)shall,prior to installation,be approved in writing by Landlord. 7 UTILITIES. Tenant shall pay,as and when due,the cost of garbage,janitorial, oioxottiveity,gas,water, sewer and any other utility or other services provided to the Premises(if any). In no event whatsoever shall Tenant have the right to terminate this Lease, nor shall Landlord have any liability, for any loss or interruption of utility or other services. 8. MAINTENANCE. (a) Landlord's Obligations. Landlord shall be under no obligation to make or perform any repairs,maintenance,replacements,alterations, or improvements (collectively"Maintenance") on the Premises. (b) Tenant's Obligations. Tenant,at its expense,shall keep the Premises in first- class repair, operating condition,working order,and appearance. Tenant's responsibilities include,without limitation,the following: (1) Maintenance of parking lot, sidewalks, landscaping and signs(if any) in the condition existing at commencement of this Lease, reasonable wear and tear excepted. (2) Any Maintenance required under Tenant's obligation to comply with laws and regulations as set forth herein. (3) All other Maintenance to the Premises that Landlord is not required to make under this Section 8. (c) Reimbursement for Repairs Assumed. If Tenant fails or refuses to conduct Maintenance that is required by this Section 8,Landlord may conduct the Maintenance and charge the actual costs of repairs to Tenant. Such expenditures by Landlord shall be reimbursed by Tenant on demand together with interest at the rate of 12%per annum from the date of expenditure by Landlord. Except in an emergency creating an immediate risk of personal injury or property damage, Landlord may not perform Maintenance and charge the Tenant for the resulting expense unless at least thirty(30) days before work is commenced,the Tenant is given notice in writing outlining with reasonable particularity the Maintenance required,and fails within that time to initiate the Maintenance in good faith. Once initiated, Tenant must diligently pursue completion of Maintenance, or Landlord shall be entitled to assert the remedies set forth in this Section 8(c). (d) Inspection of Premises. Landlord shall have the right to inspect the Premises at any reasonable time or times to determine the necessity of Maintenance. 5—LEASE (g) Interpretation. This Lease shall be construed and interpreted in accordance with the laws of the state of Oregon. Each party has had the full opportunity to have this Lease reviewed by such attorneys and others as each such party deems fit;this Lease shall not be construed strictly nor adversely against Landlord by reason of the same having been initially drafted by the attorneys for Landlord. This Lease constitutes the entire agreement between the parties with respect to the Premises and may be amended only by a written document signed by Landlord and Tenant. When required by the context of this Lease,the singular shall include the plural,and the masculine shall include the feminine and/or neuter. "Party" shall mean Landlord or Tenant. If more than one person or entity constitutes Tenant,the obligations imposed upon that party shall be joint and several; if Tenant consists of or includes a partnership,all partners shall be jointly and severally liable. In the event any provision hereof is held to be void or unenforceable as written,the parties intend and desire that(i) such provision be enforced to the fullest extent allowed by law,(ii) if necessary,a court reform the provision to allow for such enforcement,and(iii)the balance of this Lease remain fully enforceable. (h) Third Parties. Except as specified herein,there are no third parties benefited hereby,this Lease being intended solely for the benefit of Landlord and Tenant. (i) Survival. The indemnity,release, limitation of liability,and attorneys fees provisions hereof shall survive the expiration or termination of this Lease or other Tenant's right of possession. No such expiration or termination shall relieve Tenant from any liability hereunder. 24. ARBITRATION AND VENUE. The parties agree that all disputes arising out of this Agreement shall be submitted to binding arbitration before a single arbitrator appointed by and pursuant to the procedures of the Arbitration Service of Portland, Inc. The arbitrator shall be a lawyer knowledgeable with respect to commercial entertainment leases. Notwithstanding the preceding, either party may seek equitable remedies to preserve the status quo. The venue for arbitration or litigation shall be Multnomah County,Oregon. LANDLORD: TENANT: [NAME] [NAME] By. By' _ .� U,Ni�et' �, �� � IA L, Title: e.---,L<<7�_�r /�c�- 4—L t(cG` .?/ Lha DGwr}G—o" 2?) 0 /rcf 3 Exhibits A—Legal Description 14—LEASE RECEIVED JUL 2 4 2019 18.440.040 Approval Process CITY OF T� PLANNING/EN INE D A. Approval process. An application for a temporary use is processed through a Type I procedure,I?ING provided in Section 18.710.050, using the approval criteria for the specific temporary use provided in Section 18.440.050. B. Approval period. An approval for a temporary use is valid for a period of 1 year unless otherwise stipulated by the approval. C. Expiration.An approval for the temporary use will expire 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. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.440.050 Approval Criteria A. Seasonal and special events. The approval authority will 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 18.440.050.A.6; 2. The use is allowed in the applicable base zone; 3. The applicant has proof of the property owner's permission to place the use on the property; 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 uses on the property, as required by Chapter 18.410, Off-Street Parking and Loading; 5. The use will provide adequate vision clearance, as required by Chapter 18.930, Vision Clearance Areas, and not obstruct pedestrian access on public rights-of-way; and 6. Seasonal markets are allowed in the C-G and MU-CBD zones and may operate from April through October. The applicant must provide "market rules and policies" for city approval, which are consistent with the seasonal market use description in Paragraph 18.440.030.A.2 and will be observed for the duration of the permit. Market rules and policies must include hours of operation, location, product guidelines, vendor obligations, vehicle loading or unloading, and any other applicable policies guiding the operation of the market. The city may also consider the following criteria: a. Provide documentation demonstrating adequate and safe ingress and egress exist when combined with the other uses of the property, in compliance with Chapter 18.920, Access, Egress, and Circulation; b. Provide documentation demonstrating the use will not create a traffic hazard, including coordination with ODOT if applicable; Temporary Uses 18.440-3 Code Update:12/18 c. 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 allowed in the base zone; and d. Signs are allowed as provided in Chapter 18.435, Signs; however, temporary signs may be approved for a period of time to correspond with the duration of the seasonal market use. B. Unforeseen or emergency situations. The approval authority will approve or approve with conditions unforeseen or emergency situations when all of the following are met: 1. The need for the use is the direct result of a casualty loss such as fire, wind storm, flood, or other severe damage by the elements to a pre-existing structure or facility previously occupied by the applicant on the premises for which the permit is sought; or 2. The use of a mobile or manufactured home on a lot with an existing dwelling unit is necessary to provide adequate and immediate health care for a relative who needs close attention who would otherwise be required to receive needed attention from a hospital or care facility; or 3. The applicant has been evicted within 60 days of the date of the application from a pre-existing occupancy of the premises for which the permit is sought as a result of condemnation proceedings by a public authority, or eviction by abatement of nuisance proceedings, or by determination of a public body or court having jurisdiction that the continued occupancy of the facilities previously occupied constitutes a nuisance or is unsafe for continued use; or 4. There has been a loss of leasehold occupancy rights by the applicant due to unforeseeable circumstances or other hardship beyond the foresight and control of the applicant; and 5. There exists adequate and safe ingress and egress when combined with the other uses of the property, as required by Chapter 18.920, Access, Egress and Circulation, and Chapter 18.930, Vision Clearance Areas; and 6. There exists adequate parking for the customers of the temporary use as required by Chapter 18.410, Off-Street Parking and Loading; and 7. The use will not result in congestion on adjacent streets; and 8. The use will pose no hazard to pedestrians in the area of the use; and 9. The use will not create adverse off-site impacts including noise, odors, vibrations, glare, or lights that will affect adjoining uses in a manner that other uses allowed in the base zone would not affect adjoining uses; and 10. The use can be adequately served by sewer or septic system and water,if applicable. C. Temporary sales office or model home. The approval authority will approve or approve with conditions a temporary sales office or model home when all of the following are met: 1. Temporary sales office. a. The temporary sales office must be located within the boundaries of the subdivision or property in which the real property is to be sold; and Temporary Uses 18.440-4 Code Update:12/18 /89 oSo Approved Cr-i*eria A . 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