HomeMy WebLinkAboutOutdoor Mass Gathering Permit (2)Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of April 21, 2008
Use "tab" to move between fields, and use as much space as necessary within each field. Do not leave any f!elds
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Wednesday prior to the meeting to be included on the agenda.
DATE: April 11, 2008
TO: Deschutes County Board of Commissioners
FROM: Kristen Maze, Community Development Department
TITLE OF AGENDA ITEM:
A public hearing on an application for an Outdoor Mass Gathering permit Document No. 2008-120
submitted by 4 Peaks Presents, LLC to hold a bluegrass festival at the Rockin "A" Ranch and overnight
camping provided at the adjacent Warbington Ranch in the Tumalo area.
PUBLIC HEARING ON THIS DATE? YES
BACKGROUND AND POLICY IMPLICATIONS:
The Board of County Commissioners will conduct a public hearing on a proposal by 4 Peaks Presents,
LLC, for an Outdoor Mass Gathering to hold a two day Bluegrass Music Festival on a 19.5 acre parcel
in the Bend/Tumalo Reservoir Road area, at the Rockin "A" Ranch. The music festival would include'
camping, parking, food and drink for an estimated 3000 people. Overnight camping will take place on
an adjacent 30 -acre parcel located at 19345 Tumalo Reservoir Road. The duration for the proposed
permit is 5 days.
FISCAL IMPLICATIONS:
NONE.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends that the Board listen to testimony, and consider approval based on the conditions
outlined in the staff report.
ATTENDANCE: Kristen Maze Community Development Department
DISTRIBUTION OF DOCUMENTS:
Kristen Maze 383-6701
Eric Walton
4 Peaks Presents
P.O. Box 8282
Bend OR 97708
Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
STAFF REPORT
TO: Deschutes County Board of County Commissioners
FROM: Kristen Maze, Associate Planner
DATE: April 10, 2008
HEARING: April 21, 2008
SUBJECT: Public Hearing for an Outdoor Mass Gathering, OMG-08-01
Purpose
The Deschutes Board of County Commissioners ("Board") will hear testimony at a public
hearing to consider a proposal by 4 Peaks Presents LLC for an Outdoor Mass Gathering (OMG)
application to hold a bluegrass music festival on two parcels, a 19 .5 acre parcel for music and
vendors, and an adjacent 30 acre parcel for overnight camping in the Bend/Tumalo Reservoir
Road area.
Applicant Proposal
The applicant, 4 Peaks Presents, LLC, is proposing to hold a bluegrass music festival at the
Rockin "A" Ranch located in the Exclusive Farm Use Zone (EFU) within the
Tumalo/Redmond/Bend Subzone. The adjacent 30 acre parcel located at 19345 Tumalo
Reservoir Road will contain overnight camping and parking associated with the music festival.
This application is not a land use application; therefore it is not subject the EFU zoning
regulations (ORS 197.010.10[d]). The proposal is to provide camping, parking, food and music
for an estimated 3000 people including staff and vendors. Set up for the event will begin
Tuesday July 22, 2008 and end on with break down and clean up by Wednesday July 30, 2008.
The music festival will take place on Friday and Saturday, July 25 and 26, 2008. Camping will
be provided from Thursday evening July 24, 2008 until Sunday afternoon July 27, 2008.
The Rockin "A" Ranch is a 19.5 acre property delineated by white rail fencing around the
perimeter. It currently contains a main house, and a guest house with attached horse
stables/barn. The property fronts on Tumalo Reservoir Road to the north and beyond the road
are residential parcels located among Juniper and Sagebrush vegetation. Adjacent to the east is
Quality Services Performed with Pride
a residence that is separated by High Mowing Lane. To the south and west are Targe properties
with irrigated pastures and residences. The music festival property is located on property
identified on Assessors Map #17-11-1, as tax lot 200, owned by Gary and Lisa Armstrong. The
proposed music festival site contains approximately 9 acres of parking along the eastern portion
of the property with the remaining property devoted to the band performance area; vendor and
sanitation area. The west portion of the property has a swale which dips towards Tumalo
Reservoir Road. The applicant's are not proposing any permanent structures with this
application. A 20 foot fire lane is proposed along the western property line that connects to the
20 foot access to the tent camping sites. A 20 foot fire lane that encompasses the two proposed
parking pasture areas (Pasture 1 and 2).
In addition, to the Rockin "A" Ranch the applicant is requesting the use of the two adjacent
parcels to the west. The parcel directly adjacent to the ranch is McClaskey Acres; this parcel is
a 17 acre parcel that is proposed to be used as a 20 foot wide access to Warbington Ranch
which the applicants are proposing to use for overnight camping. McClaskey Acres is owned by
Diana McClaskey which is flag -lot shaped parcel that lies between the Warbington Ranch and
the Rockin "A" Ranch. The proposed access will be 20 feet wide that extends approximately 250
feet across the 17 acre McClaskey parcel and connects the Rockin "A" Ranch to the Warbington
Ranch. This property is identified as Assessors Map # 17-11-1, tax lot 404. This parcel is
currently used for growing hay.
Warbington Ranch is a 30 acre parcel that is clear of trees with undulating terrain. The ranch
contains a house that fronts on Tumalo Reservoir Road with the remaining acreage devoted to
horse pasture land. The overnight camping sites are located on property identified as
Assessors Map # 17-11-1, tax lot 201, and is owned by Rebekah and Martin Warbington. The
camping sites will be contained on the rear portion of the 30 acre ranch. The surrounding land
uses are similar to the adjacent Rockin "A" Ranch property with large residential parcels to the
west and south, and a surface mine site owned by Tumalo Irrigation District located north
across Tumalo Reservoir Road.
The applicants are requesting a waiver from the requirement to maintain an ambulance on the
festival site and to the hours of operation. A letter submitted by Tom Wright of the City of Bend
Fire Department states that Tumalo fire station located 1.5 miles from the festival site will have a
full time ambulance and a two person paramedic crew in the event of an emergency.
The applicant's other request is to operate beyond 10:00 pm with amplified music. They are
requesting to amplify music to 70 decibels until 12:00 midnight for the two nights of the event.
The applicants have stated in their waiver request letter that "because of the natural contours of
the festival site, the higher noise levels would have little impact to surrounding residents, but
would be a major difference to the overall success of 4 Peaks Music Festival."
Public Agency Comments
1. Deschutes County Environmental Health: Must turn in current water sample report
for bacteria and nitrate, and must have vendors apply for temporary restaurant
permit. Must follow all other environmental health requirements listed below and in
the OMG Permit.
2. Deschutes County Sheriff: No Comments
3. Deschutes County Road Department: Tumalo Reservoir Road is a county road
(rural local classification) with an ADT of 863 (2004 count) The applicant shall meet
the requirements of DCC section 8.16.250
2
4. City of Bend Fire Department: Comments are listed below and incorporated into the
conditions of the OMG permit.
Outdoor Mass Gathering Requirements/Criteria
Deschutes County Code Chapter 8.16 provides approval criteria for an Outdoor Mass Gathering
permit. The proposed application complies with the permit requirements and approval criteria
outlined in DCC 8.16 below.
8.16.160 Insurance
Deschutes County Risk Management has reviewed and requires the following:
1. Fourteen days prior to the event 4 Peaks Presents shall obtain and provide the
Community Development Director a Special Events Insurance policy that provides
general liability of $1,000,000 per occurrence naming the County as an additional
insured. The policy shall provide payment of claims within the 180 day period after the
scheduled termination of the event. The applicant has submitted a Certificate of
Insurance for 4 Peaks Presents, LLC to Risk Management
8.16.170 Sanitary Facilities
Environmental Health reviewed and approved the proposed application provided the following
requirements are met;
1. The applicant shall provide 1 toilet per every 100 attendees. The applicant has
contracted with Advance Systems Portable Restrooms to provide the required facilities.
2. Hand washing facilities shall be provided including 5 double sinks with running water and
soap.
3. Water shall be provided via bottled water and potable well water with a faucet manifold
attached. Backstage water will be provided via a holding tank with faucets approved by
Environmental Health.
4. Waste collection and removal shall be provided by Bend Garbage.
5. Food service shall be provided by licensed vendors and restaurateurs. Each food vendor
shall apply to the County for a temporary restaurant license at least 2 days prior to the
event.
6. All vendor tents shall comply with the standards set forth by the City of Bend Fire
Department.
8.16.190 Fire Protection Standards
The City of Bend Fire Department reviewed the application and set the following conditions of
approval:
1. The applicant shall provide the fire department a final site plan of the event.
2. City of Bend Fire Department shall conduct a final site inspection prior to event.
3. The applicant shall provide 20 foot wide emergency access roads to parking, tent,
vendor, public areas and buildings. The emergency access roads shall remain open at
all times.
4. Access points to the property and various parking and vendor areas shall be labeled on
the site plan that required for approval.
5. All tents, canopies and temporary structures shall show proof of compliance with all fire
code requirements and shall require a fire safety inspection prior to approval.
6. All food preparation, wok and frying operations shall be in compliance with the fire code.
7. All vendors that cook or have open flames shall have a 2A 10B:C fire extinguisher.
8. All vendors that cook with deep fat frying operations hall have a class K type fire
extinguisher.
3
9. All propane tanks or other compressed gas shall be secured from tipping over to
prevent damage and rupture.
10. All tents shall post NO SMOKING signs within and on exterior of tents.
11. Applicant shall provide a safety officer responsible for enforcing all safety requirements.
12. The proposed event shall comply with all medical facilities requirements under the
County Code and all Fire Codes.
13. Campfires, bonfires and other recreational open burning are prohibited.
14. Tents and canopies shall not be located within 20 feet of lot lines, buildings, other tents,
canopies, parked vehicles or internal combustion engines.
15. RV's shall be parked a minimum of 10 feet apart.
16. Generators shall be a minimum of 20 feet from the tents and shall be isolated from
public contact.
8.16.190 Medical Service
The Bend Fire Department requires that the applicant shall provide one ambulance and a first
aid station staffed by two adults trained in first aid techniques for the duration of the event.
8.16.200 Public Safety
The Oregon Liquor Control Commission and the Deschutes County Sheriff have review and
approved the proposed security for the music festival. Security for the event will be provided by
Roy Nowell. Mr. Nowell's company currently provides security for the Domino Room and the
Midtown Ballroom in Bend.
8.16.210 Parking Facilities
The proposed site plan shows approximately 9 acres of day pass parking including overflow
parking area. The site plan also indicates parking shall be provided for tent camping sites.
Deschutes County Sheriff Department has reviewed and approved the applicant's site plan for
parking with no revisions.
8.16.220 Permit -Posting
Upon approval by the Board of County Commissioners, Deschutes County will provide the
applicant with permits and conditions of approval to be posted in a conspicuous spot on the
property during the course of the event.
8.16.230 Inspection of Premises
The applicant and/or property owner will provide access to the premises for inspection purposes
by law enforcement, public health and fire control officers based on the terms and conditions of
the permit. If deficiencies are identified following an inspection the inspector may return as often
as need until the deficiencies are cured. If the deficiencies are not cured and cannot be cured
then the County Sheriff may terminate the Outdoor Mass Gathering.
8.16.240 Restricted Hours of Operation
The event shall not be conducted within 1000 feet of any residence between the hours of 12:01
am and 9:00 am, and shall not be conducted in all areas between the hours of 2:00 am and 9:00
am. The proposed camping will take place at the Warbington Ranch site located on the rear
portion of the parcel. The use of amplification shall be regulated so that it will not interfere with
the normal residential us or permanent place of human habitation unless written consent is
obtained from all affected persons.
1. The applicant proposes that the concert and vendors shall operate between the hours of
10:00 am and 12:00 pm.
4
2. The concert shall not exceed 50 decibels after 10.00 pm, as measured upon the A scale
of a standard sound level meter on affected property.
3. Camping hours will be ongoing for the duration of the event from Thursday July 24, 2008
until Saturday night July 26, 2008.
8.16.250 and 260 Organizers Responsible for Preserving Order and Enforcement
1. The burden of preserving order to the proposed event shall be with 4 Peaks Presents,
LLC.
2. The applicant shall keep a reasonable count of persons and vehicles entering the event.
3. The number of attendees shall not exceed the estimated attendance by 10 percent. The
total number of attendees including musicians, vendors, staff, and security shall not
exceed 3000.
4. All debris will be removed within 72 hours after the event termination. All temporary
structures shall be removed within 3 weeks of event termination.
5. Security will be in place at all times. The number of security personnel will vary
depending on crowd size. The maximum on duty shall be 19, with a minimum of 9.
6. Certified traffic flaggers will be posted on Tumalo Reservoir Road at all times during the
event.
8.16.270 Intoxicating Liquor Prohibited
No person shall be permitted to bring alcohol onto the premises.
1. 4 Peaks Presents proposes to sell beer and wine on the premises. They have applied for
a Temporary Sales License from the Oregon Liquor Control Commission.
18.16.280 Narcotic and Dangerous Drugs Prohibited
No narcotic or dangerous drug use will be permitted at the premises.
Review Criteria
Deschutes County follows the criteria listed in DCC Titles 8 for reviewing an Outdoor Mass
Gathering application. 4 Peaks Presents bears the burden for justifying that the Outdoor Mass
Gathering for the bluegrass music festival is consistent with DCC Title 8, and state law.
The applicant has submitted the necessary information that meets the requirements for an
Outdoor Mass Gathering permit.
Public Notice
Public notice was sent to property owners within 750 feet for the proposed outdoor mass
gathering location property lines and will be published in the Bend Bulletin at least ten days prior
to the public hearing.
Conclusion
Staff has received letters in opposition to the proposed Outdoor Mass Gathering that are
attached for review. Issues outlined in the letters include;
• Impacts to the quiet rural life style and economic considerations for locating the
event at a county owned center.
• Outdoor mass gatherings allowed in the EFU zone.
■ Traffic on Tumalo Reservoir Road during the event.
• Safety with the added camping site on the adjacent parcel.
5
■ Noise level and time could disturb neighbors and animals.
■ Duration of the OMG permit longer than 120 hours.
■ Potential for this festival to be an annual event at the proposed location.
■ Advertising prior to the approval of the OMG permit.
Attachments:
1. Assessors Map
2. Site Plan
3. Application Form and waiver request letter.
4. Letters in Opposition
6
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
OUTDOOR MASS GATHERING PERMIT
DESCHUTES COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
BEND (541) 388-6575
LOCATION: 19449 TUMALO RESERVOIR ROAD, 19345 TUMALO RESERVOIR ROAD AND 64343
HIGH MOWING LANE
OWNER: GARY AND LISA ARMSTRONG, REBEKAH AND MARTIN WARBINGTON, AND DIANA
McCLASKEY
TYPE, DATES & TIME OF EVENT: BLUEGRASS MUSIC FESTIVAL, JULY 22, 2008 — JULY 30,
2008
OPERATOR: 4 PEAKS PRESENTS PHONE 541 598-5570
1. PERMIT BECOMES NULL AND VOID IF EVENT OR GATHERING HAS NOT STARTED ON THE
APPROVED DATE.
2. THE APPROVED PERMIT SHALL BE RETAINED ON-SITE UNTIL THE EVENT OR GATHERING IS
COMPLETE.
3. BY ACCEPTANCE OF THIS PERMIT, OWNER OPERATOR CONSENT TO ALLOW LAW
ENFORCEMENT, PUBLIC HEALTH AND FIRE CONTROL OFFICERS TO COME ON THE PREMISES
FOR WHICH THE PERMIT HAD BEEN GRANTED FOR THE PURPOSE OF INSPECTION AND
ENFORCEMENT OF THE TERMS AND CONDITIONS OF THE PERMIT AND DCC 8.16, AND ANY
OTHER APPLICABLE LAWS OR ORDINANCES.
FILE NUMBER (OMG-08-1)
The Board of County Commissioners approves the 4 Peaks Presents' application for an Outdoor
Mass Gathering permit based upon the attached requirements incorporated by reference herein and
subject to the following conditions.
CONDITIONS OF APPROVAL
1. Fourteen days prior to the event 4 Peaks Presents shall obtain and provide the Community
Development Director for approval a Special Events Insurance policy that provides general liability
of $1,000,000 per occurrence naming the County as an additional insured. The policy shall
provide payment of claims within the 180 day period after the scheduled termination of the event.
2. The applicant shall provide 1 toilet per every 100 attendees. The applicant has contracted with
Advance Systems Portable Restrooms to provide the required facilities.
3. Hand washing facilities shall be provided including 5 sinks with running water and soap.
4. Drinking Water shall be provided via bottled water and potable well water with a faucet manifold
attached. Backstage water will be provided via a holding tank with faucets approved by
Environmental Health.
5. The total amount of water for drinking and hand washing shall be at a rate of twelve (12) gallons
per person per day.
6. Waste collection and removal shall be provided by Bend Garbage.
1
4 Peaks Presents OMG Permit -08-1 (April 21 2008)
7. Food service shall be provided by licensed vendors and restaurateurs. Each food vendor shall
apply to the County at least 2 days prior to the event.
8. All vendor tents shall comply with the standards set forth by the City of Bend Fire Department.
9. The applicant shall provide 20 foot wide emergency access roads to parking, tent, vendor, public
areas and buildings. The emergency access roads shall remain open at all times.
10. Access points to the property and various parking and vendor areas are required for approval.
11. All tents, canopies and temporary structures shall show proof of compliance with all fire code
requirements prior to approval.
12. All food preparation, wok and frying operations shall be in compliance with the fire code.
13. All vendors that cook or have open flames shall have a 2A 10B:C fire extinguisher.
14. All vendors that cook with deep fat frying operations hall have a class K type fire extinguisher.
15. All propane tanks or other compressed gas shall be secured from tipping over to prevent damage
and rupture.
16. All tents shall post NO SMOKING signs within and on exterior tents.
17. No portable heating or cooking devices allowed within tents or canopy.
18. Applicant shall provide a safety officer responsible for enforcing all safety requirements.
19. The proposed event shall comply with all medical facilities requirements under the County Code
and all Fire Codes.
20. Campfires, bonfires and other recreational open burning are prohibited.
21. Applicant shall provide a first aid station staffed by two adults trained in first aid techniques for the
duration of the event. Ambulance service shall be provide by Tumalo Station 1.5 miles from the
festival site
22. Security for the event will be provided by Roy Nowell.
23. Applicant shall adhere to the proposed site plan that shows approximately 9 acres of parking
including overflow parking area.
24. Applicant shall post this permit in a conspicuous spot on the property during the course of the
event.
25. The applicant and/or property owner will provide access to the premises for inspection purposes
by law enforcement, public health and fire control officers based on the terms and conditions of
the permit. If deficiencies are identified following an inspection the inspector may return as often
as need until the deficiencies are cured. If the deficiencies are not cured and cannot be cured then
the County Sheriff may terminate the Outdoor Mass Gathering.
26. The event shall not be conducted within 1000 feet of any residence between the hours of 12:01
am and 9:00 am, and shall not be conducted in all areas between the hours of 2:00 am and 9:00
am except for the designated overnight camping area.
27. The burden of preserving order to the proposed event shall be with 4 Peaks Presents, LLC.
28. The applicant shall keep a reasonable count of persons and vehicles entering the event.
29. The number of attendees shall not exceed the estimated attendance by 10 percent. The total
number of attendees including musicians, vendors, staff and security shall not exceed 3000 during
the course of the event.
30. Attendance at the event may not exceed 3000 for all days and times combined unless
Owner/Operator apply and receive approval for an Extended Outdoor Mass Gathering permit.
31. All debris will be removed within 72 hours after the event termination. All temporary structures
shall be removed within 3 weeks of event termination.
32. Security will be in place at all times. The number of security personnel will vary depending on
crowd size - maximum on duty 19, minimum is 9.
33. Certified traffic flaggers will be posted on Tumalo Reservoir Road at all times during the event.
34. No person shall be permitted to bring alcohol onto the premises.
35. No narcotic or dangerous drug use will be permitted at the premises.
2
4 Peaks Presents OMG Permit -08-1 (April 21 2008)
36. The applicant shall meet the requirements of DCC 8.16.250, Public Safety.
DATED this day of , 2008. BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
ATTEST: TAMMY MELTON, Vice Chair
Recording Secretary MICHAEL M. DALY, Commissioner
3
4 Peaks Presents OMG Permit -08-1 (April 21 2008)
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466.46
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Community Development Department
Planning Division
117 NW Lafayette Avenue, Bend, OR 97701-1925
(541) 388-6575 - Fax (541) 385-1764
http://www.deschutes.org/cdd
OUTDOOR MASS GATHERING APPLICATION
PLEASE PRINT
Applicant/Organizer:
Mailing Address: Pe
11 /0 rs /
Section 0
. City/State/Zip:i JJ1) / 0,e
Property Description: Township 17 Range / 1
Address: l C1q/c ITLt ikitte i✓�I
FEE/6 .
Phone: (f/I) 3 2"&c-4`{
City/State/Zip: 3e)V
20# (/kik/76/h1)
Tax Lot 2-6 Vitin,Snearax)
v77c `
Se 2 bccle
9770 2
Estimated Attendance: &6C-0 (>t d . C-flii - - ifti at and Time of Gathering: L/1411 Z 2J - l3Z . - f r
Description of Type of Gathering/Purpose (Le., music, art, etc.) 5 ' G 8317 Ili ift. "` /3/i a�2� �iJi '' !'L
r L a�'�l� C f✓f f,/k- -- kki / ce - 1 rl 2S- j 2. -/& .Z6o
Phone: (54/ ) '? 5? 55.71
Contact person who will be available onsite during gathering:
Name: EiZIc WA -Mx)
AGENCY APPROVALS: Please have
application. /7
Signatures:
following agencies/departments review your proposal before submitting this
474-f Ye) sait4 Pie iI/I d3 J € 74zJi),
ENV ON TAL HEALTH MSION (indicates appy val o sanitary facilities in gccordance with 8.16.220)
FIRE • T ON DISTRICT OR SATE FI4RSHAL indicates approval of e protection devices
on -sit i a - • . rdan
7
ith 8.16.230)
COUNTY HEATH DEP NT (indicat approval of medical service, in accordance with 8.16.240)
DESCHUTES COUNTY SHERIFF (indicates approval of a public safety plan and parking plan in
accordance with 8.16.250 and 8.16.260, respectively)
On a separate sheet, please provide a plot plan showing the types, numbers and locations of the following items:
a. Toilets
b. Washing facilities
c.. Wa upl?IY
i%-,
Applicant's Signature: ���%�L'tr1 A Doi?. t ° ``l' P./"/�, o LCC- Date:
Property Owner's Signature (if different*: i'f / //A1
Or / AtJmf/rir��
Agent's Name (if applicable): / Phone: ( )
Mailing Address: City/State/Zip:
If this application is not signed by the property owner, a letter authorizing signature by the app
d. Food preparation and/or food service
e. Solid waste collection
February, 20, 2008
BEAKS PRESENTS u.c
To the Deschutes County Commissioners:
4 Peaks Presents, LLC requests that the County Commissioners waive the requirements
for the following sections of the Outdoor Mass Gathering code:
8.16.240 Medical Service
4 Peaks Presents asks that the Commissioners -waive the requirement for having an -
ambulance on the festival site.
We are submitting a recommendation from Tom Wright, EMS Coordinator for Deschutes
County, stating that it is safer and easier for anambulance to get to where it is needed if it
comes from Tumalo Fire Station, located 1.5 miles away.
8:16.290 Hours of Operation
4 Peaks asks that the Commissioners waive this section and allow the use of
amplification to levels of 70 decibels after lOpm. We would like to present music until
midnight at 70 decibels.
•
Because of the natural contours of the festival site, the higher noise levels would have
�o
little impact to surrounding residents,. but would make a major difference in the overall
success of 4 Peaks Music Festival. Considering that this event takes place for only two
days out the entire year, we feel this rs a reasonable request.
es and..4 Peaks Presents will have a long relationship
e music loving community, local business
ese matters.
BOX U1 4 .'BEND
4peaksmusic.com • info@4peaksmusic.com
Page 2 of 2
Ph: 541 585-6701
rax 541 385-176+
From: Rita Olin [mailto:rmoranch@yahoo.com]
Sent: Tuesday, April 08, 2008 8:29 AM
To: Kristen Maze
Subject: Four Peaks Music Festival
Dear Kristen,
Thanks so much for your time yesterday. Your information and insight was very helpful. I am
faxing you a letter to review and send on to the commissioners.
We do plan to be at the work session tomorrow. It would be helpful if you could give us an
estimate of the time you think that this issue will go before the board.
Thank you,
Rita Olin
You rock. That's why Blockbuster's offering you one month of Blockbuster Total Access, No
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4/15/2008
APR -08-2002 02:01 AM R OLI / M COSTELLO
April 8, 2008
Kristen Maze
541 323 2146
P.01
Page 1 of 1
Re: Four Peaks Music Festival, Outdoor Mass Gathering Permit
I live in the Tumalo area and am adamantly opposed to the Four Peaks Music Festival 'Vass Public Gathering"
permit being approved. I, like most people who live In this area, chose this area for the express purpose of
avoiding Targe public gatherings, noise and heavy traffic, all occasionally or commonly aspects of a more urban
life style. We seek a pastoral life style where roads are frequented by walkers and bicyclists, pastures are home
to livestock and lights go out early. I would have been pro -active last year except I did not hear about the Festival
. until the permit had been approved Central Oregon has several sites that have been expressly developed to
house events such as the Four Peaks Music Festival: Deschutes County Expo Center, Sisters Rodeo Grounds,
Les Schwab Amphitheater, Crook County Fair Grounds and perhaps others. The Four Peaks organizers have
made it abundantly clear that their intent is to grow this event to international proportions. The fact that they do
not want to pay to rent the available facilities should not foist burdens on their neighbors. An alarming precedent
is being set when one can by-pass all the conditions of an EFU zoned neighborhood to meet the interests of one
land owner.
It appears the commissioners are missing a viable economic asset to the county coiffers by by-passing the county
owned event center that was expressly built and paid for by the tax payers of Deschutes County to house just
such large events. As a tax payer, t encourage the commissioners to look at this perspective. The gait proceeds
at minimum, given the information available, for 3000 attendees at the current "super early bird" rate of $64.50: per
person are dose to $200,000. Given the $98.50 ticket price on the day of the event brings proceeds much
higher. In addition the $790 county permit fee (for a Mass Public Gathering) will hardly cover Deschutes County
planning staff time, Deschutes County public health and police services and emergency/fire staff time that are
required for this event all or much of which would not be part of the burden to tax payers given the use of a
different site.
It is my sincere hope that the county commissioners will consider the dire impact that the influx of 3,000 people
have on a quiet, rural life style as well as economic considerations outlined above when making their decision
regarding this application.
Thank you,
Rite Olin
Tumalo
April 8, 2008
Board of County. Commissioners
Community Development Department
Deschutes County
117 N.W. Lafayette
Bend, Oregon 97701
Dear Board Members,
I am writing to you on behalf of myself and my wife as we live in Tumalo just down the
street from where the Four Peaks Music Festival was held last year. The "Festival" is
applying for a permit to hold this event again this year and we are adamantly opposed to
allowing this event to occur.
1) This event is a total invasion of our privacy and our life style here in quiet little
Tumalo. 2) The land that this event is being held on is Exclusive Farm Use property. I
would like to know where in the statute is it written that "Outdoor Mass Gatherings" are
permitted on exclusive farm use property, especially due to the fact this is a "for profit"
commercial business event. 3) We are very concerned about the amount of traffic that
will be on Tumalo Reservoir Road during this event as many bicycle riders will be on this
road throughout the summer months and this event will definitely pose a threat to human
life. 4) We are also concerned about the safety issue this event will present as an
additional 30 acres of land will be used for camping for upwards of many hundreds of
people. If there is any smoking, cooking or fires during the event, surrounding forested
properties will be at risk for a potential fire. Will any personnel from the fire department
be on site during the entire 2 day event? Will any personnel from the health department
be on site to make sure there are no health threats for food consumed? 5) In addition, we
are feel the noise level could be a disturbance to ourselves and our animals.
We are also of the understanding that the permit applied for is from July 22nd thru July
30th. This adds up to a grand total of 192 hours and according to LUBA (Land Use Board
of Appeals) it stipulates in their headnotes on their website the following:
"46. Outdoor Mass Gatherings. Local government decisions authorizing the large outdoor
gatherings defined at ORS 433.763(1) that will last more than 120 hours are subject to local
land use regulations and are land use decisions subject to LUBA review. Landsem Farms v.
Marion County, 44 Or LUBA 611 (2003)."
This clearly indicates that the "Festival" would have to amend their request for a permit to
limit them to 5 days or one would assume they could not be issued a permit.
In addition, several neighbors were told last year by the people putting on the event that
last year was the one and only time that Four Peaks Musical Festival was going to operate
at 19449 Tumalo Reservoir Road. We are now very concerned that this event will be
ongoing well into the future at the above location.
Page 1 of 1
Kristen Maze
From: Tammy Baney
Sent: Wednesday, April 09, 2008 11:43 AM
To: Kristen Maze
Cc: Tom Anderson; Dave Kanner; Dennis Luke; Mike Daly
Subject: FW: RE: Outdoor Gathering Permit
FYI...I will copy you all from now on...
In Partnership,
Ta wt,vw j ( t e j) Meftovt,
Deschutes County Commissioner
Office: 541 388-6567
From: mdague@bendbroadband.com [mailto:mdague@bendbroadband.com]
Sent: Tuesday, April 08, 2008 6:21 PM
To: Tammy Baney
Subject: Re: RE: Outdoor Gathering Permit
Thanks Tammy for considering our concerns. Given the fact the permit issued last yr to the
promoter was a first in the County under the State's Mass Gathering Ordinance and there were
no existing County guidelines, the promoter was essentially granted whatever they asked for. As
you pointed out below,
balance should be the goal this year. We need a framework of enforceable limitations and
accountibility shouldered
by the promoter and landowner in exchange for the permit.
Thanks again,
MD
4/9/2008
Page 1 of 3
Kristen Maze
From: Tammy Baney
Sent: Wednesday, April 09, 2008 11:42 AM
To: Kristen Maze
Cc: Dave Kanner; Tom Anderson; Mike Daly; Dennis Luke
Subject: FW: Outdoor Gathering Permit
Keeping you all in the loop, and for the record... the email correspondence below is from yesterday regarding the
mass gathering permit.
In Partnership,
TR KA, (gavt,e) Meftoo,
Deschutes County Commissioner
Office: 541 388-6567
From: Mike Dague[mailto:MDague@bendbroadband.com]
Sent: Tuesday, April 08, 2008 4:02 PM
To: Tammy Baney
Subject: RE: Outdoor Gathering Permit
Thanks for the reply, I'll be traveling on business the 21st, unfortunately. However, here are a few general
concerns many of us in the Tumalo
West development share:
1) There were 2 sound stages last year, the one closest to Tumalo Res Rd was the greatest source of noise.
This location should
be eliminated entirely. Furthermore and most importantly, this stage was located apprx 150 ft from the home
of our 93 yr old
gentleman neighbor. When informed of this fact, the promoter was indifferent and unconcerned. Why not
locate the stage closer
to the landowner's home? Most of our homes are far closer; seems to me they're shoving this noise as far
away, from their home as possible.
2) Unless I'm mistaken, I understood the spirit of this mass gathering ordinance was not intended to enable an
group to launch what
has essentially become a "business endeavor". Vendors, overnight camping charges, ticket sales... hardly
seems non-profit, benefit -
in -nature which is what these promoters described to all of us a year ago as the main pupose of the concert.
3) Overnight camping. Why? We have put up with the inconvenience of noise, traffic, interruption, etc for the
concert itself. Why do we must for the full duration of camping over
3 nights? The camping/parking areas last year were all noisy, particularly on the prior night set up and the
early (7am) Sunday takedown. Lastly, in the first year the promoters drew
apprx 500 people, they are projecting — at least from their permit limit — upwards of 3000 people. Does this
permit and ordinance give the County
the right to unfairly subject a neighborhood in such close proximity to a larger possible intrusion, particularly if
camping is granted? Why not let these
concert goers find traditional lodging within the local lodging industry. The promoters underscore the
supposed "benefit" the concert brings to the local economy,
4/9/2008
Page 3 of 3
County's investigation
into tidying up this process and defining what boundaries/constraints should be incumbent upon the promoter and
land owners?
None of us here ever heard back after several inquiries.
Regards,
Mike Dague
4/9/2008
Page 1 of 1
Kristen Maze
From: Rick Silver [silver4250@yahoo.com]
Sent: Wednesday, April 09, 2008 9:06 AM
To: Kristen Maze
Subject: Restrictions of the Permit
Hi Kristen,
I noticed last night when I was reading on Page 4 of the county ordinance for OMG that one "cannot
hold, conduct, advertise or promote an OMG without an OMG permit".
4 Peaks Music Festival is clearly in violation of the permit process as they have a website promoting and
selling tickets for this gathering (www.4peaksmusic.com). What recourse do we or the county have
regarding this matter?
Thanks for you attention to this issue I have.
Sincerely yours,
Rick Silver
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4/10/2008
Page 1 of 2
Kristen Maze
From: Rita Olin [rmoranch@yahoo.com]
Sent: Thursday, April 10, 2008 8:09 AM
To: Kristen Maze
Cc: Rick Silver; Ed Whitelaw; Eloise Whitlaw
Subject: RE: Four Peaks Music Festival
Kristen,
I would greatly appreciate some answers to the following questions:
1. Are fires and cooking allowed in the camping area?
2. Is smoking allowed on the grounds?
3. Mike Daly's question regarding 'how is a head count going to be made' is relevant. The number that
was cast about yesterday regarding last year's attendance is waaay off. A number of 800-900 is what
was mentioned in the newspaper and generally known in the neighborhood.
4. What power will the deputies have when responding to a complaint with their noise meter and realize
a noise violation or any other violation is happening? Several of the nosie complaints last year were not
sounds coming from the stage but rather the natural partying that follows this type of event.. car stereos,
etc. How can this be monitered?
5. The neighbors were told last year that this was a one time event... it is thought that statement may be
a part of a public record. How can that public record be checked?
It was unfortunate that the commissioners had not had the opportunity to read the letters that had been
provided (other than the letter sent to Tammy directly). How can we prevent that in the future?
Thank you and Lorie for your time yesterday and ongoing.
Rita Olin
Kristen Maze <Kristen_Maze@co.deschutes.or.us> wrote:
Rita,
Thanks for you comments I will present your letter to the Board of County Commissioners tomorrow at
the work session. There is one item before the Outdoor Mass Gathering Permit and the meeting begins
at 1:30. Other than this information I can't really estimate a time for you.
Kristen Maze, Associate Planner
Deschutes County Community Development Department
1 17 NW Lafayette Ave.
bend OR 97701
4/15/2008
Page 1 of 1
Kristen Maze
From: Rita Olin [rmoranch@yahoo.com]
Sent: Thursday, April 10, 2008 2:49 PM
To: Kristen Maze
Subject: Re: Outdoor Mass Gathering Questions Continued
Kristen,
Thanks so much for your timely and helpful responses to my questions. See you on the 21st.
Rita
Kristen Maze <Kristen Mazee@co. desch utes. or.us> wrote:
Rita,
I failed to mention for your question (6.) that the only purpose for the work session yesterday was to give
the Board a heads up as to what the issues are. It is not necessary for them to read the letters prior to
the work session. It is not the time for them to make a decision about the permit. The Board has the
letters now and has time to read them before the public hearing. The Board may receive letters as late as
the day of the hearing, including at the hearing that they may need to read at that time.
Kristen Maze, Associate rlanner
Deschutes County Community Development Department
117 NW Lafa9ette Ave.
bend OK 97701
Ph: 541 383-6701
rax 5+1 385-176+
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4/15/2008
Page 1 of 2
Kristen Maze
From: Rita Olin [rmoranch@yahoo.com]
Sent: Friday, April 11, 2008 10:42 AM
To: Kristen Maze
Subject: RE: Outdoor Mass Gathering Questions Continued
Yes it does... thank you!
Kristen Maze <Kristen Maze@co. desch utes. or. us> wrote:
Rita,
My staff report and conditions of approval follow the code and comply with state statute requirements. If
you would like addition conditions you should suggest them to the Board at the the public hearing. The
code requires the Board to determine if the organizers have complied with outdoor mass gathering
conditions. The public hearing process allows for public input.
OMG section 8.16.190 (E) Approval Criteria states:
The Hearings Body may consider and impose any reasonable condition on a permit for an Outdoor Mass
Gathering or Extended Outdoor Mass Gathering recommended that is submitted at or prior to the public
hearing by a member of the public or public official.
I hope this answers your question.
Kristen
From: Rita Olin [mailto:rmoranch@yahoo.com]
Sent: Friday, April 11, 2008 9:12 AM
To: Kristen Maze
Subject: RE: Outdoor Mass Gathering Questions Continued
Another point that needs clarification. I do not see any mention in your "Conditions of
Approval" that gives neighbors' interests and concerns weight or any consideration in the
process. No mention that the commissioners may denie this permit based on neighbors input. If
that is true and the applicants meet the "Conditions" as written it really doesn't matter in the least
how neighbors feel. A public hearing is required and public input allowed but to what avail? Is
this an oversight or an intentional aspect of the permit process? Please help me understand.
Rita
Kristen Maze <Kristen Maze@co. desch utes. or.us> wrote:
Rita,
I changed that yesterday after speaking with the applicant however, they have decide now to
keep it at 8 days. So the staff report for the public hearing will reflect the 8 day time frame.
Kristen
From: Rita Olin [mailto:rmoranch@yahoo.com]
Sent: Thursday, April 10, 2008 3:09 PM
To: Kristen Maze
Subject: Re: Outdoor Mass Gathering Questions Continued
4/15/2008
Page 2 of 2
Kristen,
Another question. In reading your staff report and the Outdoor Mass Gathering Permit,
the dates listed are July 24 - July 28. I thought they requested 8 days?
Rita
Kristen Maze <Kristen Maze@co.deschutes.or.us> wrote:
Rita,
I failed to mention for your question (6.) that the only purpose for the work session
yesterday was to give the Board a heads up as to what the issues are. It is not
necessary for them to read the letters prior to the work session. It is not the time for
them to make a decision about the permit. The Board has the letters now and has time
to read them before the public hearing. The Board may receive letters as late as the day
of the hearing, including at the hearing that they may need to read at that time.
Kristen Maze, Associate Planner
Deschutes County Community Development Department
117 NW Lafayette Ave.
bend OR 97701
Ph: 5+1 383-6701
Pax 5+1 )85-176+
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4/15/2008
April 12, 2008
Board of County Commissioners
Deschutes County
1300 N.W. Wall Street
Bend, Oregon 97701
Dear County Commissioners,
Subsequent to the last letter that I emailed to you via Kristen Maze, I am writing this
second letter with respect to one specific matter as it relates to the "Outdoor Mass
Gathering"(OMG) being held at 19449 and 19345 Tumalo Reservoir Road and 64343
High Mowing Lane on July 22nd thru July 30th of 2008.
The question is a simple one. What are the budgetary expenses the county will assume
with respect to this OMG in order to make certain that all the conditions of approval for
the permit are being adhered to before, during and after the eight days that the 4 Peaks
Music Festival is being held? It is quite obvious to me that there are a number of
conditions (36 to be exact) that the county has imposed on 4 Peaks that will require
manpower on the part of the county to make sure the rules and regulations are being
followed. The county departments that will be monitor and oversee this OMG are
planning, sheriff, fire, road, health, environmental health, risk management and legal
counsel. How much will this cost the county to administer? How much has the county
already spent on processing this application for an OMG permit? What additional
liability policy does the county have in place for this event beyond the one million dollar
general liability policy 4 Peaks Presents is purchasing? Certainly, there is a potential for
a multi million dollar claim against the county if a fire breaks out and causes the loss of
life and/or property in the surrounding area. Since there will be alcohol served at the
OMG, what liability does the county have if someone who is intoxicated drives off the
OMG and kills someone? Even though the sponsors will have signed an agreement
indemnifying Deschutes County, we all know if someone's life is lost or a fire destroys
several homes, the county will still have an enormous cost to litigate an action filed
against it.
Isn't it possible much of the additional cost to the county to administer this OMG could
be avoided by having the Festival somewhere else that already has the infrastructure in
place? It would certainly demonstrate to the community a responsible measure of fiscal
prudence on the part of the commissioners. The taxpaying citizens of Deschutes County
and the county itself (by granting this permit) are, in essence, subsidizing this for profit
event on exclusive farm use land!
My wife and I will not be present for the public hearing on April 21st at 10:00A.M. I
would appreciate a verbal response to the attendees as to my concerns at the meeting.
Sincerely yours,
Rick Silver
Page 1 of 1
Kristen Maze
From: Rita Olin [rmoranch@yahoo.com]
Sent: Sunday, April 13, 2008 2:31 PM
To: Board; Kristen Maze
Subject: Four Peaks Presents Outdoor Mass Gathering Permit
Dear Commissioners,
According to the OMG section 8.16.190 (E) Approval Criteria states:
"The Hearings Body may consider and impose any reasonable condition on a permit for an Outdoor
Mass Gathering or Extended Outdoor Mass Gathering recommended that is submitted at or prior to the
public hering by a member of the public or public official".
In accordance with this statement, I formally request the Deschutes County Board of Commissioners
(the Hearing Body) consider adding an additional "condition of approval" to the permit required for the
Bluegrass Music Festival on 19449 tumalo Resevoir Road, July 22-30, 2008.
#37. The applicant show, through public testimony, that the proposed OMG does not place an
undo burden on the community or Deschutes County (personnel or budget) through excessive
noise, safety, expense, harm to livestock or negative impact on quality of life.
Without such an condition, OMG's can proceed forward without citizen input having a viable place in
the process putting one citizen's interests before all others.
I will be at the hearing on April 21 and look forward to your response to my request being made to the
public at that time.
Thank you very much for your time and careful consideration of this important decision.
Sincerely,
Rita M. Olin
Tumalo
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4/14/2008
Page 1 of 4
Kristen Maze
From: PHIL KOCHAN [philkochan@msn.com]
Sent: Monday, April 14, 2008 8:25 AM
To: board@co.deshcutes.or.us
Cc: Kristen Maze
Subject: Mass Gathering - "4 Peaks Music Presents" from July 22 - July 30th
April 14th, 2008
Dear Board of County Commissioners for Deschutes County,
We own property at 18349 Tumalo Reservoir Road in Deschutes County and we are writing regarding the mass
gathering application by "4 Peaks Music Presents" from July 22 - July 30th located at 19449 and 19345 Tumalo
Reservoir Road. We cannot make the hearing and hope that our email can be read and/or inserted into the public
record for consideration.
A quick phone call to the coordinators of Central Oregon's permanent mass gathering facilities paid for, at least in
part, by Deschutes County Tax Payers will quickly prove that they are operating nowhere near capacity.
Therefore, the mass gathering application is simply a way to save a few bucks rather than rent a permanent
facility.
Therefore, a vote by the County Commissioners in favor of this application is a kick in the teeth of the taxpayers
who paid to build permanent facilities AND a kick in the teeth of the Tumalo neighbors who have to 'deal with'
the extreme fire danger, congestion, noise, and alcohol use from the thousands of attendees.
Pm sure that the mass gathering permit is somehow protected by our constitutional amendments. However, no
where in our Constitution does it say you have the right to jeopardize your neighbors property to save a few
bucks in rental fees.
In the event you feel you should vote to approve this application, please consider requiring a number of
mitigating requirements that will push responsibility back to the organization that is saving the money:
1) Hire a wild land fire crew to be on standby or purchase special liability insurance to mitigate the increased risk
of a neighbor's property being ravaged by fire.
2) Take measures to hire someone to control traffic at key intersections.
3) Hire security professionals to enforce alcohol rules/laws and keep wandering participants from trespassing on
neighbor's property.
4) Put up signs to clearly delineate property/trespassing boundaries.
5) Purchase a performance bond to make sure your conditions of approval are actually completed.
Thank you for your time and thoughtful consideration.
Sincerely,
Phillip and Paige Kochan
and all 3 commissioners will receive it.
Thanks much for writing the letter. You can cc kristenmOco.deschutes.or.us.
Rick
PHIL KOCHAN <phiikochan@msn,com> wrote:
4/14/2008
rick,
Here's a rough draft so far... Havnb't done spell checker and got tired...
Phil
Dear Board of County Commissioners for Deschutes County,
We own property at 18349 Tumalo Reservior Road in Deschutes County and we are writing
regarding the mass gathering application you are having a hearing on. We cannot make
the hearing and hope that our email can be read and/or inserted into the public record for
consideration.
A quick phone call to the coordinator's of Central Oregon's permanent mass gathering
facilities paid for, at least in part, by Deschutes County Tax Payers will quickly prove that
they are operating nowhere near capacity. Therefore, the mass gathering application is
simply a way to save a few bucks rather than rent a permanent facility.
Therefore, a vote by the County Commissioners in favor of this application is a kick in the
teeth of the taxpayers who paid to build permanent facilities AND a kick in the teeth of the
Tumalo neighbors who have to 'deal with' the extreme fire danger, congestion, noise, and
alchohol use from the thousands of attendees.
I'm sure that the mass gathering permit is somehow protected by our constitutional
amendments. However, no where in our Constitution does it say you have the right to
jeapordize your neighbors property to save a few bucks rental fees.
In the event you feel you should vote to approve this application, at least consider require
a number of mitigating requirments that will push responsibility back to the organization
that is saving the money:
1) Hire a wildland fire crew to be on standby or purchase special liability insurance to pay
for neighbor's property damaged by fire.
2) Take measures to control traffic and increase safety at key intersections.
3) Pay feesPlace a temporary stoplight at the intersection of
from with fire in the middle of the fire season, blast them with artificially amplified sound,
and inundate them
Date: Sat, 12 Apr 2008 20:15:56 -0700
From: silver4250@yahoo.com
Subject: RE: Hi
To: philkochan@msn.com
Phil,
Glad you got the pump switch installed! That will help lots.
The "Outdoor Mass Gathering" is being put on by "4 Peaks Music Presents"
from July 22 - July 30th located at 19449 and 19345 Tumalo Reservoir Road.
Rick
4/14/2008
Page 2 of 4
PHIL KOCHAN <phiikochan@msn.com> wrote:
Rick,
You helped me out of a real jam that day and we just wanted to say
Thanks'. :)
Can you tell me the application number, the people's name, OR
something to reference the letter to?
I finally got my 'pump protecting' switch installed, so now when we
suck the tank down it will turn off the pump before loosing the prime
and/or burning out the pump.
What a beautiful day!
Phil
Date: Sat, 12 Apr 2008 13:12:52 -0700
From: silver4250@yahoo.com
Subject: Hi
To: philkochan@msn.com
Phil,
Good talking with you today and thanks for taking time
to write a letter to the Board of County Commissioners
(only if you have the time).
I wanted to let you know that it was a very nice thank
you gift (Anthony's), which, of course, was totally
unnecessary but thank you anyway.
Here is the email address you can send your letter to:
kristenm@deschutes.or.us and address it to the Board
of County Commissioners.
Thanks
Rick
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4/14/2008
Page 3 of 4
Page 4 of 4
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4/14/2008
4 peaks festival Page 1 of 1
Kristen Maze
From: eloise [wez@eugene.econw.com]
Sent: Tuesday, April 15, 2008 9:20 AM
To: Kristen Maze
Subject: 4 peaks festival
Hello Kristen. Thanks for your quick reply. I meant to ask if in the conditions you laid out in the permit
include compliance with the ADA. Was it included in the permit? We will ask this as you suggest at eh April 21
meeting. Thanks Kristen.
4/15/2008