HomeMy WebLinkAboutEvent Venue CDD Docs0
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/
MEMORANDUM
DATE: September 2, 2008
TO: Deschutes County Board of County Commissioners
FROM: Anthony Raguine, Senior Planner
Community Development Department
SUBJECT: September 10, 2008 Board Work Session for TA -08-3
PURPOSE & BACKGROUND
This is a citizen -initiated text amendment that would modify the following sections of Deschutes
County Code, Title 18: Section 18.04.030, Definitions; Section 18.32.030, Conditional uses
permitted (MUA); Section 18.116.030, Off-street parking and loading; and Section 18.128.430,
Event venue. The text amendment would allow an "Event Venue" as a conditional use in the
MUA Zone.
Staff believes the text amendment was initiated by the applicant in response to a Code
Enforcement action (C0729) against the applicant for operating a business (hosting weddings)
on-site without appropriate land use approval.
The revised text amendment is detailed below with staff comments.
Chapter 18.04. Title, Purpose and Definitions
Section 18.04.030. Definitions.
"Event" means wedding, family reunion, class reunion, company picnic, or similar gathering.
[COMMENT: Staff believes it may be appropriate further define this use by indicating that
"similar gathering" does not include retail events such as art shows, farmer's markets (which
can be approved as an activity in conjunction with farm use), or other retail uses.]
"Event venue" means a location where events are hosted.
Chapter 18.32. Multiple Use Agricultural Zone - MUA
Section 18.32.030. Conditional Uses permitted.
TA -08-3, BOCC Memo Page 1
Quality Services Performed with Pride
GG. Event venue, subject to the requirements set forth in DCC 18.124 and 128.430.
[STAFF COMMENT: Staff believes the proposed event venue use should also be subject to
DCC 18.128.015, General standards governing conditional uses. This section allows the
Planning Division to analyze the proposed use, and its suitability to the site and surrounding
properties.]
Chapter 18.116. Supplementary Provisions
Section 18.116. 030. Off-street Parking and Loading.
D. Number of Spaces Required. Off-street parking shall be provided as follows:
6. Commercial
Use
Requirements
Event venue
1 space per 2.5 attendees (use maximum
possible attendance), plus 1 space per
employee
Chapter 18.128. Conditional Use.
Section 18.128.430. Event venue.
The Planning Director or Hearings Body may authorize an event venue as a conditional use,
subject to the following standards:
A. The property used for an event venue must, also, contain an occupied single-family
residence.
B. A maximum of two (2) events shall be allowed per day.
C. A maximum of three (3) events per week, with a maximum of two (2) events per week for
smaller properties.
[COMMENT: The applicant has not defined "smaller properties".]
D. The maximum number of guests for any single event shall not exceed 300, with a
maximum of 200 guests for smaller properties.
[COMMENT: The applicant has not defined "smaller properties".]
E. All lighting used during events shall comply with the Deschutes County Outdoor Lighting
Control Ordinance (DCC 15.10) and be arranged and shielded so as not to shine onto
adjacent properties or rights-of-way.
F. Noise shall be regulated as follows:
1. From 7:00 a.m. until 10:00 pm, the average peak sound pressure level of the
noise shall not exceed the greater of 60 dB(A) or the ambient noise level when
measured off the subject property.
2. Noise generated by passenger vehicles exiting or entering the subject property
shall be exempt from the noise standards, and the off -the -property noise
standards shall not apply to public rights-of-way and railroad rights-of-way.
TA -08-3, BOCC Memo (9-10-08) Page 2
3. A noise study may be required to demonstrate compliance with the noise
standards.
4. If a noise study is required, measurements shall be made with a sound level
meter. The sound level meter shall be an instrument in good operating condition,
meeting the requirements of a Type I or Type II meter, as specified in ANSI
Standard 1.4-1971. The sound level meter shall contain at least an A -weighted
scale, and both fast and slow meter response capability. The Personnel making
measurements shall have completed training in the use of the sound level meter,
and measurement procedures consistent with that training shall be followed.
5. Outdoor generators and outdoor sound amplification devices or systems shall not
be allowed.
[COMMENT: The Noise Oridnance regulates noise impacts and is enforced by the Sheriff's
Office. The Planning Division would not, as a practical matter, be able to enforce any noise
decibel criteria. Therefore, staff believes it would not be appropriate to include specific noise
decibel language in this text amendment.]
G. Equipment, furniture, goods, and other amenities used for events shall be stored indoors
on non-event days. The use shall not take an outward appearance nor manifest any
characteristics of a business or operation of a retail or wholesale nature, except for those
characteristics normally associated with or allowed for a primary use in the subject
zoning district, on non-event days.
H. Events conducted on a property approved as an event venue do not require approval as
a special event or mass gathering.
The location of the event venue and associated structures shall be clearly delineated on
the site plan. The event venue location and associated structures shall be sited and
designed to effectively screen neighboring uses from noise, glare, odor, traffic and other
adverse impacts. The Planning Director or Hearings Body may require landscaping to
ensure effective screening.
STAFF RECOMMENDATION
As detailed below, staff believes the proposed text amendment would result in a use that is far
more intensive than any other use already allowed in the MUA Zone. Staff recommends that
the Board deny the proposed text amendment.
ANALYSIS
In determining whether the proposed amendment would comply with the purpose of the MUA
Zone to preserve rural character, staff believes it is important to consider potential impacts and
to compare the proposed use to other uses allowed in the MUA Zone. Additionally, at the July
30, 2008 work session, Commissioner Melton requested that staff provide the Board with
suggested approval criteria. Below is staff's analysis of the proposed use and, where
appropriate, suggested criteria.
Minimum Lot Size
A guest lodge and a Type III home occupation are uses allowed conditionally in the MUA Zone,
and each provide guidance regarding minimum lot size. A guest lodge allows up to ten (10)
guests at any one time, with a minimum lot size of five (5) acres. A Type III home occupation
allows up to five (5) employees if the property is at least 10 acres in size. An event venue would
TA -08-3, BOCC Memo (9-10-08) Page 3
allow up to 300 guests plus employees. It is apparent to staff that the text amendment would
result in a use that is significantly more intense than a guest lodge or a home occupation.
Therefore, staff believes it would be appropriate to require a minimum lot size.
Suggested Criterion: The use shall be conducted from a property with a minimum lot size of 20
acres.
Frequency of Events
A Type III home occupation, a bed and breakfast inn, and a guest lodge are uses that are
allowed with a conditional use permit. All three uses provide guidance regarding intensity of use
based on maximum trip generation and maximum number of guests. Below is an analysis of
event frequency based on trip generation and number of guests.
1. Based on trip generation:
A 300 -guest event would generate approximately 250 trips per event. By comparison, a
Type III home occupation allows up to 20 vehicle trips per day. A Type III home
occupation would have to operate for approximately 12-13 days to generate a similar
number of trips as a single 300 -guest event.
2. Based on number of guests:
A bed and breakfast inn allows a maximum of eight (8) guests at any one time. A bed
and breakfast inn would have to operate for approximately 37-38 days to equal the
number guests allowed with a single 300 -guest event.
A guest lodge allows up to ten (10) guests at any one time, and would have to operate
for approximately 30 days to equal the number of guests allowed with a single 300 -guest
event.
Based on the above, an appropriate frequency for an event venue could range from one (1)
event/two (2) weeks to one (1) event/month. Staff notes that a home occupation, bed and
breakfast inn, and guest lodge are all uses that generally operate entirely indoors. Conversely,
it is likely that the majority, if not all, of an event would occur outdoors, with the potential for
more intense impacts. For this reason, staff believes a lower frequency of events would more
compatible with the MUA Zone.
Suggested Criterion: Events shall be limited to one (1) event per month.
Noise
Based on the written and oral testimony received thus far, it is clear to staff that impacts due to
noise are a primary concern for neighbors. For this reason, staff believes that language should
be included to reduce the potential for events to disturb the neighborhood. As noted above,
staff believes it would not be appropriate for the amendment to include specific noise decibel
language because a Noise Ordinance is already in place and because enforcement is under the
purview of the Sheriff's Office and not the Planning Division.
Suggested Criterion: No sound amplification devices or systems shall be allowed.
TA -08-3, BOCC Memo (9-10-08) Page 4
Maximum Number of Guests
Planning Commissioner Quatre suggested that the maximum number of guests should scale up
with increasing property size. This would allow smaller parcels to retain the ability to host
events but at a scale appropriate to the property size. If the Board concludes that this method
of determining maximum occupancy is appropriate, staff recommends a formula of ten (10)
guests per acre, up to a maximum of 300 guests.
Another issue is how does the Planning Division track the maximum number of guests? Staff
believes it would be appropriate for each event venue to provide an annual accounting of events
and guests.
Suggested Criterion: On or before December 31st of each year, the property owner shall
provide to the Planning Division a list of all events hosted during the calendar year, and the
number of guests in attendance.
Signs
Staff believes language similar to the home occupation ordinance for signs would be
appropriate. This would allow an event venue operator to advertise on their property, but in a
way that would be unobtrusive to the neighborhood.
Suggested Criterion: May have one (1) sign, ground -mounted or wall -mounted, as defined in
DCC Chapter 15.08, that is no more than three (3) square feet in area, non -illuminated. The
ground -mounted sign and support shall not exceed six (6) feet in height and is located on the
property from which the event venue will operate. Such signs do not require a sign permit under
DCC Chapter 15.08, Signs.
Traffic
A 300 -guest event would generate approximately 250 trips. Two of these events in a single day
would generate approximately 500 trips for that day. A Type III home occupation is limited to 20
vehicle trips per day. As currently proposed, staff believes the text amendment would result in a
use that far exceeds the expected traffic volume for the MUA Zone.
Structures
Should event venue operators be allowed to build new structures associated with the use? Are
structures such as a reception hall, changing rooms, and kitchens compatible with the MUA
Zone?
PUBLIC COMMENT
Staff has attached to this memo all public comments that were received as of September 2,
2008 in response to the Notice of Public Hearing. Staff also notes that based on the phone calls
received to date, an overwhelming majority of the public is opposed to the text amendment.
TA -08-3, BOCC Memo (9-10-08) Page 5
Page 1 of 1
Anthony Raguine
From: Warren Debates [quail45b@bendbroadband.com]
Sent: Tuesday, September 02, 2008 6:12 PM
To: Anthony Raguine
Subject: File TA -08-3
Regarding File TA -08-3
We are voicing our concern and are very much against any change with the MUA property
that the Lopez are trying to get changed.
Joan and Warren DeBates
16890 Ponderosa Cascade Drive
Bend, OR 97701
541 330-8337
9/3/2008
Deschutes County Community Development Department
Re: File Number TA -08-3
Please accept this letter as my written testimony for the public hearing scheduled for
10-22-08 on the matter of "event venue" on MUA zoned properties.
This appears to be a blank check for any and all events the applicant desires to hold.
I am opposed to this text amendment to the County Code. Please deny this request.
Thank you,
Steven O. Bradford
PO Box 6862
Bend, OR 97708
RECEIVED
SEP 0 2 2008
Deschutes County CDD
Page 1 of 2
Anthony Raguine
From: Andres Mantecon [akmantecon@yahoo.com]
Sent: Tuesday, September 02, 2008 11:39 AM
To: Anthony Raguine
Subject: File No. TA -08-3
Mr. Raguine,
It was a pleasure talking to you last week. As I told you I am a retired peace officer from California
currently living in the affected zone. I am totally opposed to the passage of the proposed text
amendment. In my 30 years of work as a police officer I have found that gatherings such as those
proposed in the the text amendment File number TA -08-3 are events that caused problems for the city,
adjoining businesses and the citizens in the community. These events overburden law enforcement
especially on weekends and holidays when calls for police service normally increase. The problems we
encountered were as follows:
1. Local codes were often inadequate to deal with the problems resulting from such events.
2. Excessive noise.Citizen complaints to the local police increased. In many instances multiple calls.
Often police had to return because of non-compliance.
3. Uncontrolled and excessive alcohol use.
4. Violations of alcohol use codes including but not limited to minors in possession of alcohol and
unlawful sales of alcohol.
5. Persons under the influence of alcohol driving to and from the event.
6. Fist fights among invited guests and uninvited guests.
7. Number of attendees exceed the capacity of the venue.
8. When security guards are required by law, the security guards hired were frequently ill equipped to
handle the event or not sufficient in number to control the event. also, these guards had to be frequently
checked, and even then many were found not to hold the necessary license required by the state to
function as guards. Again overtaxing local police to conduct the inspections.
9. Litter was left at and around the venue and it was difficult to fix responsibility on the event holders.
Beer bottles and cans littered the event site and surrounding area.
10. Citations issued for violations of city codes were deemed "the cost of doing business" and had little
effect.
11. When gang members were present, often in gang related attire, the event became a magnet for rival
gangs. Gang related shootings became routine.
12. Often there was insufficient parking areas to accommodate the event. Illegal parking was the result
and citizens residing in and around the area of the event could not find a place to park.
9/2/2008
Page 2 of 2
13. In many instances promoters of these events began charging at the door to enter the event.
14. Event promoters were frequently unable to shut down the event at designated time.
I could go on and on. The list is long. Please call me if you need my assistance in providing testimony
and voicing my opposition to this amendment in person..
9/2/2008
Page 1 of 1
Anthony Raguine
From: Stan & Bev Broaddus [stan_bevb@epud.net]
Sent: Saturday, August 30, 2008 4:51 PM
To: Anthony Raguine
Subject: Land Use Hearing
Greetings Anthony & Deschutes County Land Use Board,
I am writing in regard to the upcoming meeting in October to vote on the proposed land use change to allow
weddings, reunions, parties, and other large public gatherings in MUA zoned residential areas.
I am very much opposed to this proposed change. We chose to live in the country for the peace and quiet,
wildlife, mountain views, and a few good neighbors and to be away from the hustle, bustle and people noises of
the city. I am hoping and trusting that it will stay that way.
These types of gatherings significantly increase local traffic and people park their vehicles all over the place
where they shouldn't, sometimes even blocking the road so that emergency vehicles can't get through to respond
to an emergency, thus creating a real safety hazard.
The noise level from hundreds of people, live bands or amplified loud music, cheering, yelling and screaming can
change the whole environment of peace and quiet to unbearable in a very short time and lead to problems and
confrontations. There is often intoxication problems, lack of adaquate restroom facilities and lots of litter.
In regards for all of us country folks that enjoy the peace and quiet of our environment the way it is, we trust that
after you thoughtfully consider both sides of this issue that you will choose to deny this proposal and any future
requests of this nature.
I am not opposed to a one time family gathering, church picnic, family reunion, etc. (perhaps authorized by
applying for a permit), but I am certainly opposed to large gatherings several times a week which could amount to
over a hundred events per year. Further, I understand that currently there is a fine for violating this ordinance.
Since this does not always seem to hinder these gatherings, I would propose that after two violations, the fines be
doubled and after an additional two violations, the fine be doubled again. There needs to be some way to
discourage these gatherings and effectively enforce the existing laws.
Thank you for your time.
Sincerely,
Stan Broaddus
9/2/2008
Page 1 of 2
Anthony Raguine
From: Betty & David Faller [fallers@teleport.com]
Sent: Wednesday, August 27, 2008 4:44 PM
To: Anthony Raguine
Subject: TA -08-03 Event Venue in MUA zone
August 27, 2008
Anthony Raguine
Senior Planner
Community Development Department
Deschutes County
Via email
Subject: TA -08-03 Event Venue in MUA zone
We just received information from the County and our neighbors on the proposed Text Amendment.
We are opposed to this amendment for the following reasons:
• The purpose of the MUA zone is to "preserve the rural character of various areas of the County...
to conserve open spaces and protect natural and scenic resources;..."
We do not believe that events put on by owners for compensation fits into the purpose of the
MUA zone. Deschutes County already has many event venues that have been set aside for that
purpose. We are concerned about the increased traffic on our county road that only receives
surface topping about every ten years, as well as the associated noise that the traffic will create.
Additional issues of concern are behavior related to events such as loud bands, drinking and late
night partying.
• 18.32.020 and 040 — Outright Permitted Uses and Conditional Uses: The majority of the outright
and permitted uses for the MUA zone center around agricultural use or commercial activities in
conjunction with farm use, or residential type uses.
Events for compensation do not fit into any category currently noted, and we believe, they
should not be allowed even as a conditional use.
Many of us in the MUA zones purchased properties because of the rural character, open space, quiet
country life afforded in that zone, in addition to maintaining some part of the existing agricultural lands.
Events for compensation on a regular or even irregular basis are best held in venues or areas specifically
designed or zoned for them and should not be allowed in the MUA zone.
Sincerely,
Betty and David Faller
18765 Ridge Crest Road
Bend, OR 97701
541-389-8088
8/28/2008
Page 2 of 2
David and Betty Faller
fallers@teleport.com
8/28/2008
TRACY bUNCAN
63520 Cricketwood Rd.
Bend, OR 97701
Phone: (541) 330-0747
Fax: (541) 312-9389
Aug 27, 2008
Deschutes County Community Development Department
File #TA -08-3
Re: Adding Event Venue to MUA zoning
I am against adding Event Venue to MUA Zoning. MUA parcels are generally smaller and the
noise and traffic would be disruptive to neighbors who generally moved to rural for quiet. If
it is added to the MUA zoning, I would want one of the conditions be that if any neighbor
within hearing range of the property objects based on noise, that it be denied.
Please keep me updated.
Sincerely,
11.44 C
Tracy Duncan
RECEIVED
AUG 2 8 2008
Deschutes County CDD
Page 1 of 1
Anthony Raguine
From: The Johnson's [johnson@webformixair.com]
Sent: Wednesday, August 27, 2008 11:56 AM
To: Anthony Raguine
Subject: TA -08-3
Our neighbors sold helicopter rides at one of their venues. The helicopters flew over our house every 10 minutes.
It was annoying and invasive to our privacy. I oppose anything that would cause noise such as loud music or
helicopters . Can you include verbiage in the ammendment that would limit the decibels of noise to a range that
is inaudible on the surrounding properties?
Carolyn Johnson
8/27/2008
August 25, 1980
Anthony Raguine
Senior Planner
117 NW Wall Street
Bend, Oregon 97701
Re: File # TA -08-3
I am opposed to any events such as weddings, family reunions, class reunions,
company picnics and similar gatherings in my neighborhood.
I live in the country for the quite and serenity that it provides. The noise created by the
above events would ruin that for me.
Sincerely,
rtLIrby
Ka leen Ir.
0.111161.
4003 NW Ivan•:v h Way
Redmond, ;GR '7756
548-7070
RECEIVED
AUG 272008
Deschutes County CDD
August 23, 2008
Community Development Department
Planning Division
117 NW Lafayette Avenue
Bend, Oregon 97701-1925
Attn: Deschutes County Board of County Comissioners
RE: Public Hearing on File Number TA -08-3
Dear Board Members:
I can't imagine that anyone would want to have up to two events per day,
three events per week (two events for smaller properties) and 300 guests
per event (200 guests for smaller properties) at their private residence.
The fairgrounds and other buildings in the area are available for such use.
It appears to me that Jim and Jodi Lopez are requesting a commercial
venture on their property which is not zoned for commercial use.
After having previously experienced a neighbor allowing a commercial rock
climbing affair on his land across the street, I am opposed to File Number
TA -08-3 text amendment.
The noise from the boom boxes for the music penetrated my peaceful
home; even with all the windows and doors closed. 1 mentioned to the
owner of the event that it must also upset the deer and cattle in the area.
His response was that the deer and cattle like loud music and loud noise.
He is entitled to his opinion but 1 don't agree with his opinion.
Thank you for listening,
Vera E. Sutherland
P. O. Box 2218
9248 NE Crooked River Drive
Terrebonne, Oregon 97760
RECEIVED
AUG 2 6 2008
Deschutes County CDD
Community Development Department
Planning division
117 NW Lafayette Avenue,
Bend, Oregon 97701-1925
Douglas Campbell Smith
20843 Solstice Drive,
Bend, OR 97701
August 23, 2008
FILE NUMBER TA -08-3
Dear Community Development Department:
I am writing this letter in response to File number TA -08-3, Jim and Jodi Lopez applicants.
I am in opposition to their proposed amendment to the Deschutes County Code.
1 approve of the Zoning Ordinance the way it presently is in effect and I do not feel the proposed
change is good for rural Deschutes County areas.
Thank you for adding by comments to the consideration of the proposed change.
Si erely,
Douglas Camp
P
Bend, Oregon
&,9
ell Smith
RECEIVED
AUG 2 6 2008
Deschutes County CDD
August 25 2008
1017 SW 55th place
Redmond OR 97756
541-548-8297
Anthony Raguine
Dear Sir:
Concerning the request filed by Jim and Jodi Lopez, File Number TA -08-3
Most people that move to the country, do so to get away from the noise of the city. If this
amendment passes these people could loose the peace and quiet they moved to the
country to have. Also it could lower their property value as a prospective buyer would not
want the noise either.
I have had a problem this summer with a new neighbor doing the same, having very loud
music late into the night. I was told they had a permit for this. Since when is it acceptable
for the County or any other government agency to give permits for people to bother their
neighbors?
If you open this door this is what most likely will happen.
Therefore I respectfully request that the Deschutes County Board of Commissioners NOT
pass this request.
Thank you
Arland Sanborn
RECEIVED
AUG 2 6 2008
Deschutes County CDD
August 24, 2008
Dear Deschutes County Commissioners,
Re: File # TA -08-3
I am opposed to the amendment to the code allowing events in the MUA Zone When I see up to
3 events per week, and 2 events per day etc.. as a possibility, I believe it could be a business.
Thank you for hearing my opposition.
David R. King
61807 Somerset Dr.
Bend, OR 97702
RECEIVED
AUG 2 6 ?OG$
Deschutes County CDD
Page 1 of 1
Anthony Raguine
From: Becky McElrath
Sent: Monday, August 25, 2008 3:58 PM
To: Anthony Raguine
Subject: FW: TA -08-3 Zoning MUA
Looks like this one is for you :-D
From: Kathi Beacham [mailto:beachamclockco@bendnet.com]
Sent: Monday, August 25, 2008 3:41 PM
To: cdd-webmaster
Subject: TA -08-3 Zoning MUA
Dear Anthony, Thank you for the notice of public hearing. I would like to go on record AGAINST changing the
zoning (MUA) to allow weddings and similar public oriented gatherings on farm lands. We have a small ranch
and can appreciate the purposes in the MUA zoning. The noise of public oriented events would not be
appreciated on a frequent bases. We just happened to go through a similar situation and the noise went on till 3
AM. Farming should be farming. Any one who would like to do this as a business should work on getting a
variance and hopefully have a large acreage. Maybe there would not be close neighbors and it would work, but to
give all MUA a blanket approval would not be something my husband and I would want to see changed in the
zoning laws. Thank you, Kathi and Ed Beacham
Beacham Clock Co., Inc. 541 549-9971
P.O. Box 748, 300 West Hood Street
Sisters, OR 97759
beachamclockco@bendnet.com
www.beachamsclockco.com
8/25/2008
Page 1 of 1
Anthony Raguine
From: Steven George [Steven.W.George@state.or.us]
Sent: Monday, August 25, 2008 2:14 PM
To: Anthony Raguine
Subject: TA083 Comments
Attachments: TA083 Comments.doc
Please see the attached comments. Thanks
*****************************************
Steven George
Deschutes District Wildlife Biologist
61374 Parrell Rd
Bend, OR 97702
541-388-6363
541-388-6281 (Fax)
steven.w.georgestate.or. us
*****************************************
8/25/2008
August 25, 2008
Oregon
TedKulongosid., Governor
Department of Fish and Wildlife
High Desert Region
61374 Farrell Road
Bend, OR 97702
(541) 388-6363
FAX (541) 388-6281
Deschutes County
Community Development Department
117 NW Lafayette Avenue
Bend, Oregon 97701-1925
Attn: Anthony Raguine
RE: TA083
It has recently come to our attention that a residence that is located within a WA zone is
conducting events similar to those that are being requested in application TA083. In our
previous correspondence we were under the impression that this application would not include
any properties located within or adjacent to any WA zoned land.
The particular area in question is located off of the Powell Butte Highway on Someday Way.
This area is located within an Antelope protection area. According to the individual who
informed us of this situation, he was told by County Code Enforcement that no action would be
taken until the County made a ruling on TA083.
We oppose any action by the County that would allow any of these type of events proposed in
TA083 to occur within or adjacent to WA zoned lands. Furthermore, if WA lands are not being
proposed to be included within this application, we would support any enforcement action to
occur now rather than waiting until TA083 was acted on.
If we can be of any further assistance please feel free to contact me.
Sincerely,
Steven George
Deschutes District Wildlife Biologist
steven.w.george@state.or.us
Page 1 of 1
Anthony Raguine
From: Pam Falcioni [p_falcioni@yahoo.com]
Sent: Monday, August 25, 2008 12:09 PM
To: Anthony Raguine
Subject: Comments against ammendment to County Code - File #TA -08-3
From:
Pamela Falcioni
3551 NW Povey Ave
Terrebonne OR 97760
(541) 815-9235
To:
Community Development Department
Planning Division
117 NW Lafayette Ave
Bend OR 97701-1925
RE: File Number TA -08-3
I am opposed to the amendment to allow 'event venue' as a conditional use in the Multiple -use
Agricultural Zone.
After reading all available comments and documentation on the issue, I believe this is request
is a very specific 'special interest' (two people) trying to change the law for their own benefit,
and was only proposed after Mr. and Mrs. Lopez were cited with holding such events illegally.
I see no other benefit to other community members by adopting this change.
As shown in other written comments, Central Oregon venues for Weddings and other events
are numerous and more than fill the needs of users now, and into the foreseeable future.
Adopting this rule change gives no economic, monetary or environmental benefit to Deschutes
County and its residents. The only foreseeable benefit would be to line the pockets of Mr. and
Mrs. Lopez.
Sincerely,
Pamela Falcioni
8/25/2008
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Deschutes County CDD
Aug -25-08 02:29A P_O1
(>‹
Robert Lee Hunt & Vicki M. Hunt
P.O. Box 943
Lincoln City, OR 97367
August 24, 2008
Anthony Raguine, Senior Planner
Deschutes County
Community Development Department
117 NW Lafayette Ave.
Bend, OR 97701-1925
Tel: 541-617-4739
Fax: 541-' €5 - 1
Re: TA -08-3
Dear Anthony,
We own property located on Cascade Estates Drive Bend. Our lot
and adjoining properties are zoned MUA 10.
Let the record show; our initial reaction to the Lopez proposal is NO
DEAL! Lincoln City many years ago allowed, by default commercial
home "hotel style" rentals in R1.5 zones. It's now a major issue
developing into legal challenges the city they never dreamed of 10
years ago.
Thus, we say to Deschutes County and the Lopez family — do not
allow quasi commercial "events" in established MUA residential
areas.
Questions;
Please define smaller properties?
Please define similar gatherings?
Would the proposed conditional use amendment run w/ the
land?
We can understand the desire of individuals or organizations to
hold events on private (MUA) lands in Central Oregon. We don't
speak for our Cascade Estates Drive neighbors but I can't imagine a
single one going for this encroaching idea.
Aug -25-08 02:3OA
Pg. # 2
P_02
A. A a
We will be in the Bend area next week — will call you Monday August
25, to set up an appointment to review the application and staff
report.
All the best,
Faxed this day of August 24, 2008
Page 1 of 1
Anthony Raguine
From: Mary Campbell [mary@wspi.net]
Sent: Friday, August 22, 2008 8:47 AM
To: Anthony Raguine
Subject: TA -08-03
Attachments: county of TA-08-03.doc
Please see attached letter in opposition to the proposed Text amendment.
Mary Campbell (mary@wspi.net)
8/25/2008
August 22, 2008
Anthony Raguine
Senior Planner
Community Development Department
Deschutes County
Via email
Subject: TA -08-03 Event Venue in MUA zone
We just received information from the County on the proposed Text Amendment. We
are opposed to this amendment and offer the following comments:
• The purpose of the MUA zone is to "preserve the rural character of various areas
of the County...to conserve open spaces and protect natural and scenic
resources;..."
It is unclear to us how events put on by owners for compensation fits into the
purpose of the zone. There are already many event venues in Deschutes County
that have been constructed or areas set aside for that purpose. Of concern as well
are noise and other behavioral issues related to events (bands, drinking, late night
partying, ....)
• 18.32.020 and 040 — Outright Permitted Uses and Conditional Uses:
The majority of the outright and permitted uses for the MUA zone center
around agricultural use or commercial activities in conjunction with farm use, or
residential type uses. Events for compensation don't seem to fit into any category
currently noted and in our opinion, should not be allowed even as a conditional
use.
Many of us in the MUA zones purchased properties because of the rural character, open
space, quiet country life afforded in that zone, in addition to maintaining some part of the
existing agricultural lands. Events for compensation on a regular or even irregular basis
are best held in venues or areas specifically designed or zoned for them and should not be
allowed in the MUA zone.
Sincerely,
David and Mary Campbell
18740 Ridge Crest Road
Bend, OR 97701
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/
NOTICE OF PUBLIC HEARING
The Deschutes County Board of County Commissioners will hold a Public Hearing on
October 22, 2008, at 5:30 p.m. in the Barnes and Sawyer Rooms of the Deschutes Services
Building, located at 1300 NW Wall Street in Bend, to consider the following request:
FILE NUMBER: TA -08-3
SUBJECT:
The applicant is proposing a text amendment to the Deschutes County
Code to allow `event venue' as a conditional use in the Multiple -Use
Agricultural (MUA) Zone. Events would be defined as wedding, family
reunion, class reunion, company picnic and similar gatherings. Events
would not be allowed on MUA-zoned properties adjacent to Exclusive
Farm Use (EFU) and Forest Use (F1 & F2) zoned lands. The proposed
amendment would allow the following:
• Events hosted on property with an established residential use
• Up to two (2) events per day
• Up to three (3) events per week, with a maximum of two (2) events
per week for smaller properties
• Up to 300 guests per event, with a maximum of 200 guests per event
for smaller properties
APPLICANT: Jim and Jodi Lopez
ALL INTERESTED PERSONS MAY APPEAR, BE HEARD, BE REPRESENTED BY
COUNSEL, OR SEND WRITTEN SIGNED TESTIMONY. ALL WRITTEN REPLIES MUST BE
RECEIVED BY THIS DEPARTMENT PRIOR TO THE HEARING DATE -OR SUBMITTED AT
THE HEARING. ANY PARTY TO THE APPLICATION IS ENTITLED TO A CONTINUANCE
OF THE INITIAL EVIDENTIARY HEARING OR TO HAVE THE RECORD LEFT OPEN IN
ACCORDANCE WITH SECTION 22.24.140 OF THE DESCHUTES COUNTY CODE.
Recipients of this notice may request a copy of the Staff Report (25 cents a page). Any person
submitting written comment or who presents testimony at the hearing will receive a copy of the
decision.
Failure to raise an issue in person at the hearing or in writing precludes appeal by that person to
the Land Use Board of Appeals (LUBA). Failure to provide statements of evidence sufficient to
afford the decision -maker an opportunity to respond to the issue precludes appeal to LUBA
based on that issue.
Quality Services Performed with Pride
Copies of the application, all documents and evidence submitted by or on behalf of the applicant
and applicable criteria are available for inspection at the Planning Division at no cost and can be
purchased for 25 cents a page.
STANDARDS AND APPLICABLE CRITERIA:
Title 18 of the County Code, the County Zoning Ordinance:
Chapter 18.04, Title, Purpose, and Definitions
Section 18.04.030
Chapter 18.32, Multiple Use Agricultural
Section 18.32.030
Chapter 18.116, Supplementary Provisions
Section 18.116.030
Chapter 18.128, Conditional Uses
Deschutes County Comprehensive Plan
Statewide Planning Goals
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NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215
REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED
TO THE PURCHASER.
Please contact Anthony Raguine, Senior Planner, at (541) 617-4739, with the County Planning
Division if you have any questions.
Dated this 20th day of August, 2008 Mailed this 20th day of August, 2008
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