HomeMy WebLinkAboutOutdoor Mass Gathering Staff MemoCommunity Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 977C1-1925
(541)388-6575 FAX (541)365-1764
http://www.co.deschutes.or. us/cdd/
MEMO
TO: Deschutes County Board of County Commissioners
FROM: Kristen Maze, Associate Planner
DATE: April 30, 2008
WORK SESSION: May 5, 2008
SUBJECT: Work Session for an Outdoor Mass Gathering, OMG-08-01
Purpose
The Deschutes Board of County Commissioners ("Board") will hold a work session to consider a
proposal by 4 Peaks Presents LLC for an Outdoor Mass Gathering (OMG) application to have 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. The
Board heard testimony at the public hearing held on April 21, 2008 and discussed the
application at a work session on April 26, 2008. At the hearing the oral testimony was closed
and the written record was held open until Friday May 2, 2008 at 5:00 p.m.
Following the public hearing staff has received a significant number of letters both in favor and
against the 4 Peaks bluegrass music festival. At the last work session the Board identified
several areas of concern regarding the proposed music festival.
➢ Duration of the Permit: The applicants have agreed that the proposed 8 day OMG
permit should be reduced to 5 days. Therefore, the permit will begin on Thursday, July
24, 2008 and end on Monday July 28, 2008.
➢ Traffic Control and number of Flaggers: The OMG permit currently has a condition of
approval that requires the applicant to meet the requirements of section 8.16.250 for
adequate traffic control. This section states there shall be one traffic control person for
each 250 persons expected or reasonably expected to be in attendance at any time
during the outdoor mass gathering. According to the applicant the estimated number of
people attending the event will be approximately 1400 which would require them to have
5 or 6 traffic control people.
Quality Services Performed with Pride
➢ Noise Control: Concerns were raised about interpretation of section 8.16.290 hours of
operation for amplified music and sound checks taking place prior to the actual music
event proposed for Friday July 25, 2008 and Saturday July 26, 2008. The applicants
have determined that the only sound check will be a brief check that will take place
between the hours of 9:00 a.m. and 10:00 p.m. on Thursday to confirm that the system
is functional. In addition, the applicants will maintain the allowed sound level of 70
decibels prior to 10:00 p.m. and follow the requirements outline in the outdoor mass
gather permit as defined section 8.16.290.
➢ Tax Deferral Status: This application is not a land use application; therefore it is not
subject the EFU zoning regulations (ORS 197.010.10[d]). Therefore, the status of the
properties that contain the proposed music festival and camping area are not a
consideration before the Board for this proposed outdoor mass gather permit.
➢ Event Separation: At the work session there was discussion about moving the stage to
be 1000 feet from all residence, however, that interpretation was incorrect by staff and
county counsel. DCC section 8.16.290 allows activities such as set
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
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.
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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.
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
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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.
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
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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.
Conclusion
Staff has received approximately 30 letters in opposition and 85 letters in support of the
proposed Outdoor that are attached for review. Issues briefly outlined in the letters include;
Opposition
Support
• 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.
• 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.
• What are the county costs associated with this OMG?
• Public input request for adding conditions to the OMG permit (#37).
• Is the OMG permit in compliance with ADA?
• Loss of sleep from the noise of the music festival.
• It was a great festival last year, family friendly, great location, spent lots of money
and look forward to attending it again this year.
• Impressed with how the festival was run last year, very organized.
Staff has determined that 4 Peaks Presents has met the approval criteria outline in Chapter 8.16
for Outdoor Mass Gatherings.
Attachments:
1. Assessors Map
2. Site Plan
3. Written record
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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 24, 2008 — JULY 28,
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 manifolc
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) gallon,
per person per day.
6. Waste collection and removal shall be provided by Bend Garbage.
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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 as
required in Section 8.16.250 (1 per 250 persons expected to attend the ).
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.
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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
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4 Peaks Presents OMG Permit -08-1 (April 21 2008)