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HomeMy WebLinkAboutEvent Venue UpdateCommunity Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 977C1-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or. as/cdd/ MEMORANDUM DATE: June 22, 2009 TO: Board of County Commissioners FROM: Paul Blikstad, Senior Planner RE: Event venue text amendment, File No. TA -08-9 The Board requested a matrix from Planning staff on the text amendment application at the initial work session with the Board on May 4th. We have developed a draft matrix based on our understanding of the Board's direction. It can be revised for the public hearing per your direction. Please find the draft matrix attached to this memo. As you know, there is a work session on TA -08-9, the event venue text amendment scheduled for next Wednesday, July 1st at 1:30. A public hearing is scheduled on the text amendment for Wednesday, July 15th at 5:30 p.m. If you should have any questions, feel free to contact either Nick Lelack or me at your convenience. Quality Services Performed with Pride Issue Discussion Resolution (possible) Is the use in conformance with State law and County Code (i.e. is an event venue a "private park" as listed in the regulations) This is the first hurdle for reviewing the proposed text amendment. There seems to be even a difference of opinion at the State level as to whether event venues can be considered under the private park use. If the Board is to approve this use, staff recommends that it be included as a "sub" use under the private park listing in 18.16.031(E) The Planning Commission voted to limit events to: weddings/receptions, birthday and anniversary parties, bar mitzvahs and bat mitzvahs, and graduation parties. There could be an issue with respect to allowing only Jewish "right of religious responsibility or passage " events. The Board may want to consider allowing other religious activities for "rights of passage," or take this part of the text amendment out altogether. Should there be a limit on the number of events allowed on any given property? The Planning Commission voted to allow one event per week. Assuming that these types of events would generally occur only during warmer months (May -Sept), this would mean up to 20 events for a property. The Board will need to determine/decide that if these uses are allowed, whether this is the appropriate number of events that should be allowed. Possibly also establishing a maximum number of events (such as 20) for any property. It may be an option to require the operators to submit a list of proposed events for a calendar year as a condition of any approval. Should there be a minimum parcel size and minimum setback distance from a neighboring dwelling for these events. The Planning Commission voted to establish a minimum lot size of 10 acres and a minimum setback from the activity area to a neighboring dwelling of 300 feet, or a minimum setback from the closest property line to the activity areas of 100 feet, for these events. There was no real consensus from the Planning Commission as to what an appropriate separation distance should There was discussion at the PC hearings and also at the first Board work session as to whether a minimum lot size is needed at all, when the issue is the separation between events and neighboring dwellings. What separation will work appears to be a matter of opinion. At least one member of the Planning Commission thought that 1,000 feet should be the minimum. be. Should sound amplification be allowed. The Planning Commission voted to allow sound amplification indoors only Staff believes that decibel meters would be very difficult at best to monitor and administer and does not believe this is a viable option for regulating noise from event venues. And it appears that the Sheriff's Office is reluctant to enforce noise complaints for these uses. A cut-off of the events at 9:00 p.m. at the latest was Staff's recommendation, which could help reduce the impacts of these uses. for properties with a minimum lot size of 10 acres, and allowed it outdoors for properties with a minimum lot size of 20 acres. Disturbance from the noise/sound from the events appears to be the biggest issue, based on testimony received. Buildings allowed on the event sites — should only existing buildings be allowed as part of an event venue. The Planning Commission's recommedation included a provision that only buildings (nonfarm structures) existing on the date of adoption of the event code be allowed for event venue operation. Temporary buildings such as tents, cabanas, pavilions or other collapsible shelters are allowed. Allowing only existing buildings (existing as of the date of adoption of the event venue code) to be used for events seems to be logical and should not prevent existing operators from complying, assuming a conditional use permit is approved for their site. It prevents someone from building a structure and then applying for a CUP for an event site. Should there be a limit on the number of event sites in any given area (i.e. a template-type restriction). There was no restriction recommended by the Planning Commission for where these events could be placed in relation to each other. Staff does not believe that a restriction on the number of event venues in any given area is necessary. Staff believes that the number of these sites will be dictated by the market and by the ability to obtain land use approval. What parking standards should apply to the use (i.e. what driving surface should be required for parking and access). The Planning Commission's recommendation included item 8, which states: "Sight distance and driveway widths shall be adequate for the proposed use based on Pictures of the parking areas from one site indicated that parking occurs on pasture or irrigated areas. Staff believes it would not be necessary to require an the amount of traffic produced for any particular event, and the necessary emergency vehicle access, Driveways extending from paved roads shall have a paved apron, requiring review and approval by the County Road Department. Driveways shall be all- weather surfaces that prevent dust, and may include paving, gravel, cinders, or bark/wood chips." event operator to pave, gravel/cinder or put down wood chips on pasture areas. Dust should not be a problem for this type of parking. It is the driveways and aprons into the site that would need dust control through surfacing. Staff believes that this was the intent of the PC's recommendation. Require an owner-occupied dwelling to be on-site. There was discussion at the PC on whether the owner- occupied dwelling had to be on the same property as the event venue, if the owner had more than one (contiguous) parcel. Staff believes that the site for the event venue and dwelling should be on the same property (parcel or lot). Control of the events seems to staff to be paramount to lessening the impacts on neighbors. Require an annual review of the land use permit, in case issues of compliance come up with a particular site. Legal Counsel has indicated that an annual review may or may not be allowed as part of the code. Home occupations (types 2 and 3) allow for: an annual inspection (type 2), and a review every 12 months (type 3) for compliance with the code. If Legal Counsel determines that an "annual review" is allowable under the code, staff believes that this is a good idea for maintaining a handle on the event venue sites. Should event venues be allowed to have either temporary or permanent (or both) bathroom facilities. Dan Haldement, Deschutes County Environmental Health Director, testified that temporary bathroom facilities are allowed under certain circumstances. The Board will need to decide whether temporary bathroom facilities should be allowed at all. If they are not, then the permanent facilities at any given site may have to be upgraded. Buffering and screening. Should buffering and screening be required for these uses. Some neighbors may prefer the noise over any screening that might block a viewshed. Buffering and screening should be reviewed on a case by case basis. All of these conditional use applications will be referred to a hearing and it will be the Hearings Officer that makes the decision on these. Oregon Department of Fish The applicant did not want Staff believes that the and Wildlife concerns. the ODFW restrictions put ODFW restrictions should into the code, which staff be put into the code as had included with our draft written in Staff's original code language. draft. Applica►rF's Final Drvtr4 TA* -bogs--/ "Commercial Event" means an event which involves a transaction where an individual, sponsor or attendee purchases the right to hold an event. Events on Exclusive Farm Use (EFU) land shall be limited to: weddings/receptions, family and class reunions, company picnics, birthday and anniversary parties, barmitzvahs and batmitzvahs, and graduation _parties. Events on EFU Jand shall not include overnight stays for quests, or any event that includes motorized vehicle sports or motorized racing events. "Event Venue" means private property made available to host commercial events on a regular (such as weekly or monthly) basis. "Activity Areas° means all areas and structures used on the site for an event venue operation, including parking areas, wedding or other event areas, portable restrooms, washing stations and storage areas needed for an event. The activity area shall not include the entrance driveway where it is not adiacent to parking areas. "Permanent structure" includes any conventional structure not otherwise classified as a temporary structure. "Temporary structure" includes tents, cabanas, pavilions, trailers, chemical toilet facilities, and other non -permanent stctures customarily erected or sited for temporary use. Chapter 18.16, Exclusive Farm Use Zones Section 18.16.031, Nonresidential Conditional Uses on Non -high Value Farmland Only The following uses may be allowed only on tracts in the Exclusive Farm Use Zones that constitute non high-value farmland subject to applicable provisions of the Comprehensive Plan and DCC 18.16.040 and other applicable sections of DCC Title 18. E. Private Parks, playgrounds, hunting and fishing preserves and campgrounds. For the purpose of DCC 18.16.031(E) the definition of private parks includes event venues. Events approved under this Section shall not be subject to any outdoor mass gathering requirements. A. Conditional uses permitted by DCC 18.16.030(F) through (BB), and the applicable uses under DCC 18.16.031, may be established subject to applicable provisions in DCC 18.124 and 18.128 and upon a finding by the Planning Director or Hearings Body that the proposed use: 1. Will not force a significant change in accepted farm and forest practices as defined in ORS 215.203(2)(c) on adjacent lands devoted to farm or forest uses; and 2. Will not significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use. M. A private park to be used as an event venue shall meet the following criteria: 1. The event venue shall not displace any farming activity already existing on the property. 2. Located on property with: A minimum property size of 10 acres. A minimum setback from the activity area from neighboring dwelling units of 300 feet. Or. A minimum setback from the closest property line to the activity areas of the event venue on the subject property of: 100 feet. 3. Property must contain an owner occupied single-family dwelling, and be operated by the owners of the property, exclusive of catering or other contracted services; 4. Except for a single-family dwelling on the subject property (existing or future dwelling), only those non-farm structures existing on the date of the adoption of the event venue provision, shall be used for the event venue operation. Temporary structures such as tents, cabanas, pavilions or other collapsible shelters may be allowed. 5. The number of events shall be limited to one (1) event per week. 6. Sound amplification for events shall be only be allowed indoors for properties with a minimum lot size of 10 acres, and shall be allowed outdoors for properties with a minimum lot size of 20 acres. 7. Traffic management plans shall be submitted with the application. Traffic control shall comply with the Manual of Uniform Traffic Control Devices standards if required. 8. Sight distance and driveway widths shall be adequate for the proposed use based on the amount of traffic produced for any particular event, and the necessary emergency vehicle access. Driveways extending from paved roads shall have a paved apron, requiring review and approval by the County Road Department. Driveways shall be all-weather surfaces that prevent dust, and may include paving, gravel, cinders, or bark/wood chips. 9. Hours of operation for the event venue sites shall be within the hours of 8:00 a.m. to 10:00 p.m. Any takedown activities shall occur between the hours of 8:00 a.m. and 12:00 p.m (noon). 10. Equipment, furniture, goods and other materials used for events shall be stored indoors on non-event days. The use shall not produce 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 the EFU zone. Set-up and take-down activities for the event can occur one day prior to one day after an event. 11. Event venue activity areas, including any associated structures, shall be sited and designed to effectively screen neighboring uses, primarily dwellings, from noise, glare, odor, traffic and other adverse impacts. The Planning Director or Hearings Body may require landscaping, bermin_q, or other noise or sight obscuring mechanism to ensure effective screening. 12. Prior to commencement of the use, a property owner shall sign and record the farm and forest easement required under DCC 18.16.020(J)(6). 13. Prior to commencement of the use, a property owner/event operator shall sign and record in the County Clerk's Office a Conditions of Approval Agreement, prepared by the County. Section 18.116.030 of Title 18 should be amended to include the following: Use Requirements Event Venue 1 parking space per 2.5 attendees (use maximum possible attendance, plus 1 space per employee)